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Federally Funded Subgrant Agmt
Contract Number: 03CT-95-11-23-02-415 CFDA Number: 83.664 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of I Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Miami Beach, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) BUDGET AND SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. I (3) PERIOD OF AGREEMENT This Agreement shall begin on the date of the fund offering letter, and shall end November 30, 2003, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. Final requests for reimbursement shall be submitted no later than fifteen (15) days after the termination date of the Agreement. Any requests received after December 15, 2003, may in the discretion of the Department, not be reimbursed form this Agreement. Reimbursement requests shall not be submitted by fascimile tranmission. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modificatlo—nof the provisions oWis Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat.. if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDIKEEPING (a) As applicable, Recipients performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement V, is made with a commercial (for-profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with monthly reports, and with a close-out report as set forth in Attachment E. 3 (b) Monthly reports are due to be received by the Department no later than 10 days after the end of each month of the contract period and shall continue to be submitted each month until submission of the administrative close-out report. (c) The close-out report is due 15 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments -until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports areFnot received within -30 days after written notice by the Department. "Acceptable to the Department' means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment E. (7) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with'OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and 4 cooperate with any deemed appropriate by the Department. In the event that the Department determines that alimited scope audit of the Recipient {s appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term boensure timely completion ofall tasks. (8) LIABILITY (a) Unless Recipient hsaState agency orsubdivision, the Recipient shall basolely responsible toparties with whom bshall deal in carrying out the terms ofthis agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance ofwork under this agreement. For purposes ofthis agreement, Recipient agrees that itin not an employee or agent of the Department, but is an independent contractor. Ud Any Recipient who isostate agency orsubdivision, omdefined inSection 7GD.28 Fla. StaL`agrees bobefully responsible tothe extent provided bvSection T6828 Fla. Stat. fords negligent acts oromissions ortortious acts which result inclaims orsuits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein ia intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida bobesued bvthird parties inany matter arising out ofany contract. (9) DEFAULT: REMEDIES: TERMINATION (a) Kthe necessary funds are not available bzfund this Agreement aooresult mf action by Congress, the state Legislature, the Office of the Comptroller orthe Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations onthe part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, o1its option, exercise any #fits remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default P, without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (10) herein; of this Agreement; 2. Commence an appropriate legal or equitable action to enforce performance 3. Withhold or suspend payment of all or any part of a request for payment; M 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. 5 (10) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address . - I — Fax: Email: f ement is: Mmff sicck, 0, U -S (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Alexander Diaz City of Miami Beach 1700 Convention center Drive Miami Beach, Fl 33139 305-673-7010(o) 305-673-7782 (f) alcxanderdiaz@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 rendered as provided in (10)(a) above. (11) OTHER PROVISIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed 1.1 null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original, (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-338, 42 U.S.C. Section 12101 et seg. , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (1) A person or affiliate who has 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 Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 0 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of 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; 3. 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 11(g)2. of this certification; and 4. 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. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in W41 accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-1 33, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 MM Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 11 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(4)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`" Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as -revised. (0 Pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 0) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved, (1) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract, The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractors performance of work under this Agreement, to the extent allowed and required by law. 13 (14) TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. __ (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Assurances Attachment D - Justification of Advance Attachment E - Reports (16) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ 8.000 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment D. 14 Attachment D will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. -('i7) STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 15 U0|Ythe Recipient kaaUcxwedho temporarily invest any advances offunds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation hopaytheoontnact amount. (g) The State ofFlorida will not intentionally award contracts b»any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisionscontained in8U.S.C. Section 1324m(e)[Section ofthe Immigration and Nationality Act ("|NK)l. The Department shall consider the employment bVany contractor of unauthorized aliens oviolation-of Section 274A/e\mfthe INA. Such violation bvthe Recipient of the employment provisions contained in Section 274A(o)ofthe INA shall begrounds for unilateral cancellation ofthis Agreement bvthe Department. (18) LOBBYING PROHIBITION (a) Wofunds orother resources received from the Department inconnection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature orany state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best ofhis or her knowledge and belief: 1. No Federal funds have been paid orwill hepaid, bwmrmm behalf of the undersigned, tomny person for influencing or attemptingto influence onofficer or employee ofany agency, aMember of Congress, anofficer oremployee ofCongress, uran employee of 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 mfany cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal funds have been paid mrwill be paid hoany person for influencing or attempting to influence an officer or employee ofany agency, a Member of Congress, onofficer or employee of Congress, mranemployee of aKember of Congress in connection with this Federal contract, grant, loan orcooperative agreement, the undersigned mhedl 16 complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative 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. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the 17 Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. — 20) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. (22) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue — the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. 18 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized. Redbient: Zitv of Miami Beach B Name and title - Date: FID# -(Pc)003-j2�- STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: 7 Name and Title: Date: APPROV01 AS TO FORMS LANGUAGE & FOR EXECUTION 19 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide tl:e same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for ). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Insteadof listing thespeciftc compliance requirements as shown above, theState awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program], the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, ifpractical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide the same information shown below for each Federal program and show total State resources awarded for matchins Federal Program (list Federal aeencv. Cataloe of Federal Domestic Assistance title and number) - $ (crrrxodl SUBJECT TO SECTION 215.97. FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State protect, provide the same information shown below for each State protect and show total state financial assistance awarded that is subject to Section 215.97. Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (ama o COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC' for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non -Federal resources, there maybe more titan one grouping (tie., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.47(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Attachment A Budget and Scope of Work 1. SCOPE OF WORK The Recipient will provide, in the required timeline and deliverable documents, subject to approval by the Division of Emergency Management, information relating to the recipient's plans, accomplishments and delivery of the following items and activities as represented in the proposal to start-up or expand the Community Emergency Response Team (CERT) program operated by Recipient utilizing funding under this sub -grant. A. Provide CERT training to at least 85 participants and/or CERT refresher training to at least 0 participants. B. Provide PPE (Personal Protective Equipment) equipment to at least 85 new CERT members trained under this sub -grant, upon successful completion of training. Individual equipment will include at a minimum: a CERT - "bag or backpack" with at least minimum necessary personal protective equipment of - helmet, work gloves, latex or neoprene or other body fluid protective groves, eye protection, flashlight, ID/reflective vest, CERT ID, etc. Green, Reflective Green or Reflective Lime Green is the preferred color for CERT helmet, bag or backpack and ID Vest. However, for program expansions where team colors are already in use, continued use of your current color scheme for consistency is acceptable. C. Provide necessary class supplies/materials, training space and instruction for the new CERT Team members enrolled under this grant. Training will utilize the Standard FEMA -CERT Training Program as a minimum (unless variance granted by FDEM-CERT Program Office). Training must also include the recently added FEMA - CERT Module 8 - Terrorism - Training Unit. D. Provide sufficient clerical/administrative support to handle timely the administrative aspects of the CERT program related to this grant. Exact contact information for the CERT Administrative Support Individual must be provided at the time of grant submission and updated or verified with each monthly submission E. CERT Training must be conducted by a Lead Trainer who has completed the FEMA (or FDEM sponsored) CERT Train -The -Trainer Course # G-417. (or equivalent as agreed to by the FDEM-CERT Office). Associate Trainers who are not graduates of G-417, but who are Subject Matter Experts (SME) can be utilized in their areas of expertise to teach individual topics in the CERT Program. They must be under the direct supervision of the approved Course Trainer. Associate Trainers must cover thoroughly the official FEMA -CERT Basic Training Module when they are teaching a module or segment. (CERT Training Manuel IG - 317, May 1994 or the appropriate updates as they become available and SM -317 or the appropriate updates as they become available). F. Recipient agrees to maintain adequate records of individual training and team formation, reporting requested information to FDEM-CERT Program Office on a course -by -course basis and monthly. G. Recipient agrees to accept non -grantee CERT trainees from other locations, on a space available basis. These participants will be clearly documented on course rosters to accurately reflect the location in which they will serve as CERT members upon completion of the course. H. To report on a monthly basis any activation of a CERT Team or components thereof for actual emergency duty, projects, information fairs, or other usage via the information format required in the product items below. II. PRODUCT ITEMS A. The following information and documentation must be provided in the first monthly progress report due prior to June 15, 2003: 1. A schedule of training classes to be presented within the contract period. Minimum requirements: course agenda, course location, contact information and qualifications of Lead Instructor, and a point of contact for each course. 2. A revised budget; 3. A timeline for key activities leading to the first CERT training course to include, as a minimum: a. Selection and training of CERT administrative/coordinator and lead instructor(s). b. Strategy and methodology for recruitment of students. c. Selection of training site(s) - location d. Procurement of all required Personal Protective Equipment (PPE) for each participant. e. Procurement of all course supplies and student manuals for each participant. f. Listing and detailing of any supplemental curriculum training for CERT members, beyond the FEMA -CERT Basic course. (for refresher courses only) g. Plans for follow-up refresher courses for -program graduates. h. Plans to maintain CERT members, indicating how they can be used to supplement emergency management activities in disaster and non -disaster situations; i. Plans to utilize CERT graduates in expanded program activities (such as the FLASH program, support of Police Traffic Control, etc.). 4. For expansion programs only: a. A complete listing of all CERT Teams currently in their jurisdiction. Listing will include team name, general area of coverage, phone number and email address of contact person, if any. B. The following will be provided in all subsequent monthly progress reports: 1. Status of and adjustments to the plan submitted in the initial report and earlier monthly submissions. 2. Roster(s) of students trained during the period and formation of new CERT Teams, if any. Roster should include at minimum: Name and date training completed for each participant and for new CERT team formations: Name of team, location coverage, contact information including e-mail address and phone number, if any. 3. A list of equipment and supplies to be purchased for each CERT member's PPE kit funded under this sub -grant. 4. A list of course supplies (not listed in # 3 above) and student manuals purchased for each participant under this sub -grant. Student manuals are mandatory under this grant. -- 5. Sample copies of any materials (e.g. news releases, brochures, videos, notices, letters, pictures or the like) produced to promote the CERT program under this sub -grant -and courtesy copies of other program promotion items. 6. Sample copies of all recruitment announcements and public information presentations relating to announcing the CERT training provided under this grant. 7. A list of other CERT activities (i.e., additional training, drills, and meetings). 8. Total amount of grant funds used to date and for what activities. C. To submit with the monthly report, a report of CERT activation for emergency or non -emergency situations. Report should detail: date, team name, number of CERT members activated, and a brief description of activity. This will include situations where CERT members have augmented a community's emergency management capability. (Example of non -emergency CERT team activities: a special project that enhanced a community's preparedness.) IIL SCHEDULE OF WORK AND PAYMENTS A. By July I, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work or prepare the products should be submitted. B. By August 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. C. By September 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. D. By October 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. E. By November 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. F. ByNovember 30, 2003 the final closeout report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Recipient agrees to perform the project identified in said application utilizing the funds provided under this Agreement; -supplemented by any4unds represented in said application as matching funds. Recipient shall not exceed more than five percent (5%) of the total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing project, as well as the applicant's indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified shall not exceed five percent (5%) of the total funds awarded from these funds. Attachment B Program Statutes and Regulations 1. Chapter 252, Florida Statutes 2. Chapter 287, Florida Statutes, 3 Chapter 119, Florida Statutes 4. Chapter 60A-1, Florida Administrative Code — -- 5. Chapter 215.97, Florida Statutes (Audit Requirements) 6. Chapter 215.34(2), Florida Statutes 7. Chapters 10.550 (local government entities) or 10.650 (non-profit organizations), Rules of the Auditor General 8. OMB Circular A-133 (if applicable) 9. Section 112.06 1, Florida Statutes 10. 8 U.S.C., Section 1324a(e) [Section 27A(e) of the Immigration and Nationality Act ("INA") 11. Section 768.28, Florida Statutes 12. Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.) 13. OMB Circulars A-87 and A-102 14. Chapter 216.181(16), Florida Statutes 15. 48 Code of Federal Regulations, Part 31, if applicable Attachment C Assurances To the extent the folloNving provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Subgrantee hereby assures and certifies that: (a) It will comply with: (1) Contract Work Flours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted cQntracts be paid wagqs.of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least 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. (b) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of 27 employment during the performance of federal or federally assisted constriction 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; (c) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sect.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation. State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions fora purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (i) It will comply with the Anti -Kickback Act of 19S6, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; {j} It will comply with the provisions of 18 USC 594, 595, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: ( I ) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) abiding, by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Off -ice, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. C� (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeol6gical Documentation (Guidelines) (48 Federal Register 44734-37), or any other D applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: I lt� - subsurface disturbance; removal of trees; excavation for footings and foundations; and :11 installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (COtlnCil) publication -Treatment of Archeological Properties." Recipient shall forward information regarding the tre.ltlllent plan to FEMA, the SHPO and the Council for review. If the SHPOand the Council do no object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title DX of the Education Amendments of 1972, as amended (20 U.S.C.: 1651-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4521 et sett.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIH of the Civil Rights Act of 1968,42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969,42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; (bb) it will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 30017-300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles It and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. Qj) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained there on. 3. Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the 0 contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells or septic tanks are to be closed along with the number of wells located on each site. I 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Poli6y and Conservation Act (Public Law 94 -163). 11. Comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act [42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. Attachment D Justification of Advance Attachment E Reports STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT CONTRACTUAL FORMS and REOUIREMENTS Form 1: 1. This report must be completed in full prior to June 15, 2003 in order to be considered in compliance with the terms of the contract. Monthly Status Report Form 2: This report must be completed in full each month. This is a required report and must be submitted within 10 days of the first of each month in order to be considered in compliance with the terms of the contract. If expenditures do not occur during a given month, a complete explanation should be given on Form 2. Reimbursement Request (Form 3) and Detail of Claims (Form 4): 1 These forms are to be filed as needed. It is not necessary to wait until the first of each month. Complete Form 3 by filling in all items as needed. Do not send blank forms. 2 Submit form 4 for budget categories (e.g. Personnel, Travel, etc.) in which you have incurred expenditures. The Detail of Claims form must accompany the Reimbursement Request form. 3. Do not include back un documentation with these reports unless it is a deliverable that is outlined in the scope of work. Maintain back up documentation. as it will be needed when audited. 4. The Reimbursement Request form must be signed by the contract manager or someone with equal authority. 5. Claims are to be submitted to the following address: DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT OFFICE OF POLICY AND PLANNING CITIZEN CORPS/CERT PROGRAM 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Close Out Report - (Form 5): Close Out Reports are due as soon as the final payment has been made and all final expenditures have occurred. The contract cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: I. Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations unless audits require a longer period of time. 2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee during the grant period. Documentation of expenditures against the program will be reviewed and verified during on-, site monitoring visits or when necessary by the DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. Backup documentation of expenditures should, not be sent to the DEM. 3. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. 4. All claims for reimbursement of expenditures must be submitted on the approved DCA financial reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections,. All forms must be submitted in hard copy with original signature to be considered in compliance with the terms of the contract. Forms may be downloaded from the Internet. Please be sure to save the files in the appropriate format before attempting to use. The address is: http://»ivw.noridadisastcr.orEldircctor office/citizen corps/, click on reports under the title: Citizen Corps/CERT FY02 Sub -Grantee Recipients. THIS IS A REQUIRED DOCUMENT CERT - FORM I DUE PRIOR TO JUNE 15, 2003 Please provide the following information that is to occur during the contract period (attach additional pages if needed): 1. Schedule of CERT Trainings 2. Schedule of CERT Refresher Trainings, if applicable 3. Schedule of CERT Presentations (for CERT Association programs only) 4. Revised Budget 5. Timeline of Key Activities 6. Complete Listing of all CERT Teams currently in jurisdiction (for expansion programs only) MONTHLY STATUS REPORT THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED MONTHLY CERT - FORM 2 MONTH REPORTED: I. DATA: Total for Month Total to Date Number of participants provided CERT Training Number of participants provided PPE equipment Number of new CERT Teams formed Number of CERT presentations provided* INumber of participants provided CERT presentations* * Number of CERT promotional, educational, and recruitment materials distributed to the public Number of participants provided CERT Refresher Training **For CERT Associations only II. SUBMISSIONS: Please check one. If not submitted, please explain why in the narrative below. Submitted Not Submitted Not Applicable I Rosters of CERT Trainings List/Invoice of PPE Equipment Purchased Rosters of CERT Refresher Trainings Rosters of CERT Presentations* List/Invoice of Equipment and Supplies (not PPE) Purchased Sample copies of promotional, educational, and recruitment materials produced List of other CERT activities **For CERT Associations only III. GRANT FUNDS: Total for Month I Total to Date Grant funds used IV. ACTIVATION 1. Was their any activation of CERT Teams or components thereof for actual emergency duty, projects, information fairs, or other usage during the month? _ YES NO 2. If yes, for how many times? and how many total CERT volunteers were activated? CERT -Form 2, page 2 V. Narrative: Please discuss at minimum: work that has been completed, events, progress delays, all reasons why specified documentation was not submitted with this report, any adjustments made to the timeline of the program and/or earlier monthly submissions, and an explanation if expenditures did not occur during the month. If applicable, list the names and coverage locations for any new CERT teams formed during the month. Attach additional pages if needed. REIMBURSEMENT REQUEST FORM 3 GRANTEE: ADDRESS: AGREEMENT #: COSTS INCURRED DURING THE PERIOD OF: 1 PERSONNEL 2 FRINGE BENEFITS 3 TRAVEL 4 EQUIPMENT 5 SUPPLIES 6 OTHER 7 TOTAL EXPENDITURES Request for Payment Date: Request for Payment #: Phone Number: AGREEMENT AMOUNT: I I THROUGH I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Contract Manager or Financial Officer TO BE COMPLETED BY DEM AWARD AMOUNT - $ TOTAL AMOUNT TO BE PAID PREVIOUS PAYMENTS - $ ON THIS INVOICE THIS PAYMENT -$ REMAINING BALANCE -$ $ LL 61. 6cil 64 -1 LU co 2 w 0 z LU M uj 0 :E w a. IL lu x 0 Ix LL 61. 6cil 64 LU w Lu w -1 LU co 2 w 0 0 uj uj 1w w a. IL lu x ui j LU U) #.- LU w Lu w z o I.- 3: Q ::) Q < LL Z Z < < C-) z Z z -1 LU co 2 w M 0 uj 1w a. IL lu x 0 w cc a m #.- LL 00 0 I.- U3 a) z _j Z 0 ;©w z z o I.- 3: Q ::) Q < LL Z Z < < C-) z Z z -1 LU co 2 w M 0 uj 1w a. IL lu x w cc a m #.- CL LL I.- U3 a) 0 LLI w CL 0 LU U) a z wLLI z m U. 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LU U) 0 uj 0 0 Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Close -Out Report - Form 5 This form should be completed and submitted to the Department no later than fifteen (15) days after the termination date of the Agreement Grantee Agreement No. Address Agreement Amount City and State Agreement Period III (2t i3) (4) r5l ' fe; I Grant Award Cash I In -Kind Total Funds Received Under this Apreement Categories Cost Cat' eg i Expenditures Match I Match Expenditures I 11+2+31 Date Amount T Personnel 1 1 Fringe Benef its �2 2 Travel I3 3 I3 Equipment !I (o nly Items over $5000) 14 4 I Supplies other i I T TOTALS �5 $ �S �S 17 Toted Funds Raeehrad From The Department le TOTALS of Community Affairs Under This Agreement (Column S, Line s) Less Total Grant Award Expenditures (Col 1, Line ?) *Include Any Advanced Funds Received Equals Balance of Agreement Owed to DCA IAftreement Amount Less Total Funds Received under this Refund Due to the State? Yes No Agreement (Column 6, Line 9I Refund Check Enclosed? Yes No I Balance of Atimement If No, Enter Date that Refund will be Submitted 1 hereby certify, that the above costs are true and valid costa Incurred in accordance with the project Agreement and that Refund and/or final Interest check are due no later than ninety (90) days the matching funds, in-kind or cash, were utilized toward after the expiration data of the Agreement. the project In ttds Agreement Signed Make Check Payable To: Contract Manager or Financial Officer Cashier Department of Community Affairs Date Mail To: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399.2100