1949 Hazard Mitig Grant - Emerg Mgmt #4283-47R (copy)DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT
Governor
July 5, 2018
Mr. Craig Radzak, Fire Chief
City of Sanford
1303 William Clark Avenue
Sanford, Florida 32771
Re: Project #4283-47-R, City of Sanford
Dear Mr. Radzak:
WESLEY MAUL
Director
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract
number H0061 between the City of Sanford and the Division of Emergency Management.
Additional assistance is available regarding your Project on the Florida Division of
Emergency Management Website:
http://www.floridadisaster.org/Mitigation/Hazard/index.htm. Please reference the
heading: "Grant Management Tools Listed Below" which contains sample documents that
will provide guidance for completing requests for reimbursement, reporting requirements
and supporting documents containing important points, and subgrantee close-out
checklists.
Please forward all Requests for Reimbursement (Attachment D) to the Division of
Emergency Management at the following address:
Holly Swift, Project Manager
Florida Division of Emergency Management
2702 Directors Row
Orlando, Florida 32809-5631
If you have any specific questions regarding the contract or the Request for
Reimbursement form, please contact Holly Swift at (850) 815-4570.
Respectfully,
Miles E. Anderson
Bureau Chief, Mitigation
State Hazard Mitigation Officer
MEA:vsa
Enclosure
DIVISION H EADQUARTE RS STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Blvd Tel:850-815-4000 2702 Directors Row
Tallahassee, FL 32399-2100 www. FloridaDisaster.oro Orlando, FL 32809-5631
RICK SCOTT
Governor
Mr. Craig Radzak, Fire Chief
City of Sanford
1303 William Clark Avenue
Sanford, Florida 32771
Re: Project #4283-47-R, City of Sanford
MEEIM
WESLEY MAUL
Director
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract
number H0061 between the City of Sanford and the Division of Emergency Management.
Additional assistance is available regarding your Project on the Florida Division of
Emergency Management Website:
littp://www.floridadisaster.org/Mitigation/Hazard/index.htm. Please reference the
heading: "Grant Management Tools Listed Below" which contains sample documents that
will provide guidance for completing requests for reimbursement, reporting requirements
and supporting documents containing important points, and subgrantee close-out
checklists.
Please forward all Requests for Reimbursement (Attachment D) to the Division of
Emergency Management at the following address:
Holly Swift, Project Manager
Florida Division of Emergency Management
2702 Directors Row
Orlando, Florida 32809-5631
If you have any specific questions regarding the contract or the Request for
Reimbursement form, please contact Holly Swift at (850) 815-4570.
Respectfully,
Miles E. Anderson
Bureau Chief, Mitigation
State Hazard Mitigation Officer
MEA:vsa
Enclosure
DIVISION HEADQUARTERS STATE LOGISTICS RESPONSE CENTER
2555 Shurnard Oak Blvd Te1:850-815-4000 2702 Directors Row
Tallahassee, FL 32399-2100 www.FloridaI)isa_Lter.,_orqOrlando, FL 32809-5631
.
Agreement Number: — H0061
Project Number: 4283-47-R
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: City of Sanford
Sub -Recipient's unique entity identifier:
Federal Award Identification Number (FAIN):
Federal Award Date:
Subaward Period of Performance Start and End Date
Amount of Federal Funds Obligated by this Agreement:
Total Amount of Federal Funds Obligated to the Sub -Recipient
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Sub -
Recipient by the pass-through entity
Federal award project description (see FFATA)-.
Name of Federal awarding agency:
Name of pass-through entity:
Contact information for the pass-through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and
Name:
Whether the award is R&D:
59-6000425
FEMA -DR -4283- FL
March 5, 2018
Upon Execution thru March 31, 2020
$159,815.00
$159,815.00
$159,815.00
City of Sanford, Wind Retrofit Project
Federal Emergency Management Agency
FL Division of Emergency Management
Holly.swift@em.myflorida.com
97.039 Hazard Mitigation Grant Program
N/A
Indirect cost rate for the Federal award: N/A
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of
Sanford, (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:
A provision specifying a scope of work that clearly establishes the tasks that
the Sub -Recipient is required to perform.
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.
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
payment.
i. Monitor and document Sub -Recipient performance; and,
ii. Review and document all deliverables for which the Sub -Recipient requests
b. The Division's Grant Manager for this Agreement is:
Holly Swift, Project Manager
Division of Emergency Management
Bureau of Mitigation
Orlando, Florida 32809-5631
Telephone: (850) 815-4570
Email: Holly.swift(a)em.mvflorida.com
c. The name and address of the Representative of the Sub -Recipient responsible for
the administration of this Agreement is:
Craig Radzak, Fire Chief
1303 William Clark Avenue
Sanford, Florida 32771
Telephone: (407) 688-5044
Email: radzakc@sanfordfl.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.
(4)
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
betaken eoan original.
K8
Either party may request modification ofthe provisions Vfthis Agreement, Changes
which are agreed upon shall bavalid only when inwriting, signed bveach of the parties, and attached bo
the original of this Agreement,
SCOPE OF WORK.
0 The Su shall perform the work inaccordance with the Budget and Scope of
Work, Attachment Aofthis Agreement.
This Agreement shall begin upon execution by both parties and shall end on March 31,
2020.unless terminated earlier inaccordance with the provisions VfParagraph (17)ofthis Agreement.
Coneisterdwiththadafinitionof"pgriodofperfonnanue'uonbainedin2C.F.R.82UU77.Ulebenn"oeriod
of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out
the work authorized under" this Agreement. |naccordance with 2C.F.R. §2DD.3O9.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(l)(d), Florida Statutes, the Sub -Recipient may expend
funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during"
the period ofagreement.
(9) FUNDING
a. This isacost-reimbursement Agreement, subject hnthe availability offunds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon anannual appropriation bvthe Legislature, and subject b)any modification in
accordance with either Chapter 216.Florida Statutes, orthe Florida Constitution.
c. The Division will reimburse the Sub-RecipientVnly for allowable costs incurred bvthe
Suin the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The
maximum reimbursement amount for the entirety of this Agreement is �1 69,816.00.
d. As required by2CFR. §200.415(a),any request for payment under this Agreement
must include acedificatinn. signed by an official who is authorized to legally bind the Sub -Recipient,
which reads as follows: "By signing Uhionsport.|oerthytoUlebeatofmyknnvvledQe 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 iOthe terms and conditions 0fthe Federal award. |amnaware that any
El
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil oradministrative penalties for fraud, false statements, false claims orotherwise. (U.S. Code Title 18.
Section 1OO1and Title 31.Sections 3729-373Oand 38O1-3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided bvthe Sub -Recipient against aperformance measure, outlined inAttachment A.
that clearly delineates:
i The required minimum acceptable level ofservice tobe ; and.
ii The criteria for evaluating the successful completion ofeach deliverable.
[ The performance measure required bvsection 215.871(l)(b).Florida Statutes.
remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as
"atarget level Vfperformance expressed es atangible, measurable objective, against which actual
achievement can beoVrnponed.^ |talso remains consistent with the requirement, contained in2 C.F.R.
§200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments
Vfthe Federal avvmnd." `
g, If authorized by the Federal Awarding Agency, then the Division will reimburse the
Su forovertin1aaxpensosinoccordanoewdh2C.F.R.82OD.43O("CompensaUoD--peusoma|
sen/ices")and 2C.F.R.82UO.431("Compansadon—'fringebenefits'). |fthe 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.&C.
§2O7(e)(2)>.then the Division will treat the expense amafringe benefit. 2C.F.R.@2O8.431(o)defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition toregular salaries and wages." Fringe benefits are allowable under this Agreement aslong aa
the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an
established policy ofthe Sub -Recipient. 2C.F.Fl.Q3OO.431(b)provides that the cost Vffringe benefits in
the form ofregular compensation paid toemployees during periods ofauthorized 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:
awards; and,
i They are provided under established written leave
ii. The costs are equitably allocated to all related activities, including Federal
iii. The accounting basis (cash or selected for costing each type of
leave isconsistently followed bythe non -Federal entity orspecified grouping ofemployees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Gu for travel expenses inaccordance with 2Cf.R. §200.474. Amrequired bvthe Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.001.
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
ub'Rocipianteeeksre|rDbVosenU$ntfortnave|cosbathatoxoeodtheannVunts stated insection 112.OS1(G)(b).
5
Florida Statutes ($6for breakfast, $11for lunch, and $1Bfor dinner),then the Sub -Recipient must provide
documentation that:
The costs are reasonable and donot exceed charges normally allowed bv
the Su inits regular operations msoresult ofthe Sub -Recipient's written travel policy; and.
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 ofinal reconciliation report. The final report must identify any funds paid |nexcess ofthe
expenditures incurred by the Sub -Recipient.
j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
Any payment that should not have been made orthat was made inon
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii Any payment tomnineligible party, any payment for onineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized bv|aw),any payment that does not account hor credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether payment was proper.
a. Aerequired bv2C.F.F[§2UO.33G 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 nfaccess toany documents, papers, orother records ofthe Sub -Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
ofaccess also includes timely and reasonable access tothe Sub-Recipient'spersonnel for the purpose of
interview and discussion related to such documents. Fina||y, the right mfaccess is not limited to the
required retention period but lasts aslong asthe records are retained.
b As required by 2C.FR. §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 enjoythe
right of access to any documents, financial statements, papers, or other records of the Sub -Recipient
which are pertinent hothis Agreement, inorder tomake audits, examinations, excerpts, and transcripts.
The right ofaccess also includes timely and reasonable access to the Sub -Recipient's personnel for the
purpose cfinterview and discussion related bosuch documents.
c. Asrequired bvFlorida Department of State's record retention requirements (Chapter
119, Florida and bv2C.F.R. §2OO.333.the Sub -Recipient shall retain sufficient records toshow
its compliance with the terms ofthis Agreement, aswell osthe compliance ofall subcontractors or
n.
completion of grant cycle or project. The following are the only exceptions to the five (5) year
requirement:
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.
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.
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,
N
basic requirements: (1)nneaUOOsofoubhoboardsoroommissionsmuetbeopentoUlepu[dic;(2)
reasonable notice ofsuch meetings must begiven; and, CBminutes ofthe meetings must betaken and
promptly recorded. The mere receipt ofpublic funds bvmprivate entity, standing alone, isinsufficient tn
bring that entity within the ambit ofthe open government requirements, However, the Government inthe
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies inthe agencies' performance oftheir public duties. |fapublic 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 inthe Sunshine Law applies. For example, ifavolunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government inthe Sunshine Law applies toboard ofdirectors for
that volunteer fire department. Thus, hJthe extent that the Government inthe 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 toopen government requirements. These meetings shall bepublicly
noticed, open tothe public, and the minutes ofall the meetings shall bepublic records, available bzthe
public |naccordance with Chapter 11S.Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments aswell asb/private entities acting ontheir behalf. Unless specificallyexernptmd
from disclosure by the Legislature, all materials made orreceived by a governmental agency (or aprivate
entity acting onbehalf ofsuch onagency) inconjunction vvithoffida|bueinesswhiohareusedb)
perpetuate, communicate, or formalize knowledge qualify as public records subject topublic inspection.
The mere receipt ofpublic funds byaprivate entity, standing alone, isinsufficient tobring that entity
within the ambit ofthe public record requirements. However, when apublic entity delegates opublic
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 iaacting onbehalf nfmpublic agency and istherefore subject tothe requirements ofFlorida's
Public Records Law.
The shall maintain all records for the Sub -Recipient and for all
subcontractors orconsultants b]bgpaid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives cfthe Budget and Scope ofWork - Attachment A - and all other applicable laws and
regulations.
(11)AU8]|TS
a. ThaSu shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b |naccounting for the receipt and expenditure offunds under this Agreement, the
Gu shall follow Generally Accepted Accounting Principles ("GAAP"). Asdefined bv2C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub -Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non-
compliance.
e. The Sub -Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub -Recipient's fiscal year.
f. The Sub -Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following
address:
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex. htm I
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
0
a. Consistent with 2Cf.R. §2OO.328.the Sub -Recipient shall provide the Division with
quarterly reports and aclose-out report. These reports shall include the current status and progress bv
the Sub -Recipient and all subcontractors incompleting the work described inthe Scope ofWork and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b Quarterly reports are due tothe Division nolater than 15days after the end cfeach
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report.
lose-
outrepVrt. The ending dates for each quarter ofthe program year are March 31.June 3U. September3O
and December 31.
o. The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
d. Ifall required reports and copies are not sent hothe Division orare not completed in8
manner acceptable to the Division, then the Division may withhold further payments until they are
completed ormay take other action as stated in Paragraph (18) REMEDIES. "Acceptable hothe
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub -Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub -Recipient shall provide additional reports and information identified in
Attachment F.
a. The Sub -Recipient shall monitor its performance under this Agreement, gnwell as
that ofits subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule ofDeliverables and Scope CfWork are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A to this Agreement, and reported in the
quarterly report.
Lz In addition to reviews of audits, monitoring procedures may include, but not be Urnhed
to, on-site visits bvDivision staff, limited scope audits, and/or other procedures, The Sub -Recipient
agrees tocomply and cooperate with any monitoring procedures/processes deemed appropriate bvthe
Division. |nthe event that the Division determines that alimited scope audit ofthe Sub -Recipient is
appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division
bJthe Sub -Recipient regarding such audit. The Sub -Recipient further agrees tocomply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer mrAuditor General. |naddition, the Division will monitor the performance and financial
management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks.
10
e. UnlemsSu is State agency cvsubdivision, asdefined insection
768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties itdeals with incarrying 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 bvthird parties arising from the work
performance under this Agreement, For purposes ofthis Agreement, Sub -Recipient agrees that itionot
ooemployee oragent ofthe Division, but isonindependent contractor.
b Asrequired bvsection 7G8.28(1A).Florida Statutes, any Sub -Recipient whichhsa
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent ortortious acts or omissions which result inclaims orsuits 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 byostate agency orsubdivision ofthe State ofFlorida tobe sued bythird parties in
any matter arising out Ofany contract.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division tomake further payment offunds shall terminate and the Division has the option toexercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events ofDefault without waiving the right toexercise such remedies, and without becoming
liable tomake 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,orifthe Sub -
Recipient fails k>keep orperform any ofthe obligations, barmmoroovenantsinthisAormementoreny
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b Material adverse changes occur iDthe financial condition ofthe Sub -Recipient etany
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 bvthis Agreement have not been submitted tothe Division or
have been submitted with incorrect, incomplete orinsufficient information; or,
d. The Su has failed toperform and complete ontime any ofits obligations
under this Agreement.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sm�u�on�mSu ��e�ou�����o��k�d�ae��h�
.any one or more of the following remedies, either concurrently or consecutively:
11
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;
Agreement;
b. Begin an appropriate legal or equitable action to enforce performance of this
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,
Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub -Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub -Recipient.
(17)TERMINATION.
a. The Division may terminate this Agreement for cause after thirty 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 calendar day's prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub -Recipient has received the
12
notification oftermination. The Sub -Recipient will cancel as many outstanding obliatioDs as possible.
Costs incurred after receipt mfthe termination notice will bedisallowed. The Sub -Recipient shall not bo
relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The
Division may, tothe extent authorized bylaw, withhold payments tothe Sub -Recipient for the purpose of
set-off until the exact amount ofdamages due the Division from the Sub -Recipient iadetermined.
a. The Sub -Recipient shall ensure that any procurement involving funds authorized bv
the Agreement complies with all applicable federal and state laws and regulations, toinclude 2C.F.R.
§§200.318 through 200.326 as well as Appendix 11 to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non -Federal Entity Contracts Under Federal Awards").
b. &arequired bv2C.FR. §200.318(b), the Sub-Recipienshall "maintain records
sufficient b)detail the history ofprocurement. These records will include, but are not necessarily limited
tothe following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. Aerequired bv2C.F.FiG200318(U.the Sub -Recipient shal|"rnainbaiD oversighthu
ensure that contractors perform inaccordance with the terms, conditions, and specifications Cf 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
ub'RecipientshaUdVoummnt.inhsquader|ynepVrttotheDk/iS|on.thepvognasoofanymndaUsuboontnantons
performing work under this Agreement.
d. Except for procurements by rchasespumuant to 2 C.F.R.82OO.32O(a)or
procurements bvsmall purchase procedures pursuant tO2C.F.R. §2OU.32[(b).ifthe 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 tnthe publication or communication ofthe solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub -Recipient within three /3\ business days. Consistent
with 2 C.F.R. W200.324. the Division will review the solicitation for compliance with the procurement
standards outlined in2C.F.R. §§2OO.318through 2OO.32Oaswell asAppendix ||to2C.F.R.Part 2OO.
Consistent with 2 C.F.R. §200.318(h). 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 0r|nthe commodity orservice 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 byall applicable laws, regulations, and agreement terms. |fduring its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies tothe Sub -Recipient as quickly
mmpossible within the three (3)business day window outlined above. |fthe Sub -Recipient publishes e
competitive solicitation after receiving comments from the Division that the solicitation isdeficient, then
the Division may:
13
paragraph (17) above; and,
solicitation.
Terminate this Agreement inaccordance with the provisions outlined in
Refuse to reimburse the Sub -Recipient for any costs associated with that
e. Except for procurements bymicro-purchases pursuant to 2 C.F.R. §200.320(a) or
procurements bvsmall purchase procedures pursuant to2Cf.R.G2OO.32O8d, ifthe Sub -Recipient
chooses bosubcontract any ofthe work required under this Agreement, then the Sub -Recipient shall
forward tothe Division acopy of any contemplated contract prior tocontract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3)
business days. Consistent with 2C.F.R. §2DO.324.the Division will review the unexecuted contract for
compliance with the procurement standards outlined in2C.ER. §Q2OO.318through 2OO.32Gmswell os
Appendix || h)2 C.F.R. Port 200. Consistent with 2 C.F.R. Q200.318(k). the Division will not substitute its
judgment for that ofthe Sub-ReoipienL While the Sub -Recipient does not need the approval ofthe
Division in order to execute a suboontract, 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 ngviavv. the Sub -Recipient nannoins bound by all applicable |evva, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies bmthe Sub -Recipient aoquickly as possible within the three (3) business
day window outlined above. |fthe Sub -Recipient executes asubcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may:
Terminate this Agreement inaccordance with the provisionsoutlined in
paragraph (17)above and.
ii Refuse tureimburse the Sub -Recipient for any costs associated with that
subcontract.
f. The Su agrees toinclude inthe subcontract that /i\the subcontractor ka
bound bvthe terms ofthis Agreement, UUthe subcontractor isbound bvall 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
AQnaernent, to the extent allowed and required by |mvv.
g. Asrequired bv2C.FFi§2OO.318(c)(1)^the Sshall "maintain written
standards ofconduct covering conflicts ofinterest and governing the actions ofits employees engaged in
the selectom, award and administration 0fVoOtract ."
h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any
procurement under this agreement "in amanner providing full and open comoetib n."Accordin8|y.the
Sub -Recipient shall not:
14
business;
companies;
contracts;
equivalent;
i. Place unreasonable requirements on firms in order for them to qualify to do
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
iv. Execute noncompetitive contracts to consultants that are on retainer
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
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.
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.
1. 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.
IV
c. This Agreement has the following attachments:
i Exhibit 1 - Funding Sources
ii. Attachment A — Budget and Scope 0fWork
iii. AttaohnnentB—PrognamStatubaomndReoulaUons
iv� AtteuhnnentC—SbshamentofAmsunonoes
V. AtbaohnnentD—RequestforAdvanceorReinnbunoement
vi. AttaohrnentE—JustifiuedonofAdvance Payment
vii. AttuchmentF—C)uadedyReport Form
viii. AttachnlentG—VVarnantiesendRepnesentodons
ix. AttauhrnentH—CmdificodonRegordingDebarrnnnt
X. Attachment |— Federal Funding Accountability and Transparency Act
A. AttaomentJ—Mandatory Contract Provisions
a. Any advance payment under this Agreement issubject bz2Cf.R. §20}305and, as
applicable, section 216.181(16), Florida Statutes. All advances are required tobe held in an interest-
bearing account.
nterest-heahn8aocount. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment Ewill specify
the amount ofadvance payment needed and provide anexplanation ofthe necessity for and proposed
use ofthese funds. No advance shall beaccepted for processing ifareimbursement has been paid prior
bothe submittal ofarequest for advanced payment. After the initial advance, ifany, payment shall be
made onoreimbursement basis as needed.
b Invoices shall be submitted sdleast quarterly and shall include the supporting
documentation for all costs ofthe project orsarvioan. The final invoice shall bnsubmitted within sixty (GO)
days after the expiration date ofthe agreement. Anexplanation ofany circumstances prohibiting the
submittal ofquarterly invoices shall be submitted to the Division grant manager as part of the Sub -
Recipient's quarterly reporting as referenced in Paragraph (12) 0fthis Agreement.
c. |fthe necessary funds are not available tmfund this Agreement os aresult ofaction
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
bzmake any further payment offunds shall terminate, and the Sub -Recipient shall submit its closeout
report within thirty days ofreceiving notice from the Division.
16
a� All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Managemenf', and mailed directly to the following
Division ofEmergency Management
Cashier
3555Ghumord Oak Boulevard
Tallahassee FL323SS-21OO
h. |naccordance with Section 215.34(2),Florida Statutes, if acheck orother draft ka
returned to the Ok6akm for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipientk)this Agreement,
inany later submission orresponse tnaDivision request, orinany submission orresponse tofulfill 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 tothe Sub'Reupient.cause the termination ofthis Agreement
and the release rfthe Division from all its obligations tothe Sub'Recipient
b. This Agreement shall beconstrued under the laws ofthe State ofFlorida, and venue
for any actions arising out ofthis Agreement shall beinthe Circuit Court ufLeon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall banull and void to the extent ofthe conflict, and shall beseverable, 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 ufthis Agreement.
d. The Sub -Recipient agrees tocomply with the Americans With Disabilities Act (Public
Law 1D1-336,42U.S.C. Section 121O1etsegj.which prohibits discrimination bvpublic and private
entities on the basis of disability in employment, public accommodations, transportation,Stateandloca|
government services, and telecommunications.
e. Those who have been placed onthe convicted vendor list following aconviction for a
public entity crime oronthe discriminatory vendor list may not submit abid onmcontract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entityfor the
construction or repair of a public building or public work, may not submit bids on leases ofreal property to
opubUc 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
17
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Sub -Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(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 H) for each intended subcontractor which Sub -
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub -Recipient enters into a contract with any subcontractor.
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.
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
("INK)]. 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
18
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
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.
activities.
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
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.
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."
iii. The Sub -Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was 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
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise,
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub -Recipient to the State
of Florida.
c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (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.
do
a. |naccordance with 41 C.F.R. GGO-1.4(b).the Sub -Recipient hereby agrees that hwill
incorporate orcause tobaincorporated into any contract for construction work, ormodification 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 toagrant, contract, loan insurance, orguarantee, o,undertaken pursuant hoany
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performanceofthis contract, the contractor agrees aafollows:
i The contractor will not discriminate against any employee nr
applicant for employment because of race, color, re|igioO, sex, or
national origin. The contractor will take affirmative action bzensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, re|igion, sex, or national
origin. Such action shall innlude, but not be limited tothe following:
employment, upQrading, demotion, or transfer; recruitment orrecruitment
advertising; layoff ortermination; rates ofpay orother forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees bJpost {nconspicuous places, available toemployees
and applicants for employment, notices tobeprovided setting forth the
provisions ofthis nondiscrimination clause.
ii. The contractor will, inall solicitations oradvertisements for
employees placed bymrnnbehalf ofthe contractor, state that all
qualified applicants will receive considerations for employment without
regard to raoe, oo|or, religion, sex, or national origin.
iii. The contractor will send toeach labor union orrepresentative of
workers with which hahas acollective bargaining agreement nrother
contract orunderstanding, anotice tnbeprovided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies nfthe notice inconspicuous places
available toemployees and applicants for employment.
iv. The contractor will comply with all provisions ofExecutive Order
11246ofSeptember 24.1S55.and ofthe rules, regulations, and relevant
orders of the Secretary ofLabor.
V. The contractor will furnish all information and reports required by
Executive Order 1124GofSeptember 24.1QG5.and byrules,
regulations, and orders ofthe Secretary ofLabor, orpursuant thereto,
and will permit access tohis books, records, and accounts bythe
administering agency and the Secretary ofLabor for purposes of
investigation to ascertain compliance with such rV!es, regulations, and
orders.
vi. In the event ofthe contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, ororders, this contract may becanceled, terminated, or
suspended inwhole or\npart and the contractor may bedeclared
tA
ineligible for further Government contracts or federally assisted
construction contracts inaccordance with procedures authorized in
Executive Order 11248ufSeptember 24,1SS5.and such other sanctions
may beimposed and remedies invoked omprovided inExecutive Order
1124GofSeptember 24. 1S85,orbyrule, regulation, ororder ofthe
Secretary ofLabor, orasotherwise provided bylaw.
vii The contractor will include the portion of the sentence
immediately preceding paragraph (1)and the provisions ofparagraphs
(1)through (7)inevery subcontract urpurchase order unless exempted
byrules, regulations, ororders ofthe Secretary ofLabor issued pursuant
bosection 2O4ofExecutive Order 1124GofSeptember 24.1QS5.sothat
such provisions will bebinding upon each subcontractor orvendor. The
contractor will take such action with respect toany subcontract or
purchase order asthe administering agency may direct oeameans of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that iothe event contractor becomes involved in, 0r
imthreatened with, litigation with asubcontractor orvendor as aresult of
such direction by the administering agency the contractor may request
the United States bnenter into such litigation to protect the interests of
the United States.
b. The Su further agrees that kwill bebound by the above equal opportunity
clause with respect toits own employment p/aodceswhenitpgrticipmteminfedera|yasaimtedconstruction
work: provided, that ifthe applicant eoparticipating kaaState orlocal 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.
o. The Sub -Recipient agrees that dwill assist and cooperate actively with the
administering agency and the Secretary of Labor inobtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary ofLabor, that itwill furnish the administering agency and the Secretary ofLabor such
information osthey may require for the supervision ofsuch compliance, and that itwill otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub -Recipient further agrees that itwill refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September24. 1965, with a contractor
debarred from, orwho 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 ofthe equal opportunity clause asmay beimposed upon contractors and subcontractors bythe
administering agency n[the Secretary ofLabor pursuant toPart ||. Subpart Dofthe Executive order. In
addition, the Sub -Recipient agrees that ifitfails orrefuses tocomply with these undertakings, the
administering agency may take any orall ofthe following actions: cancel, terminate, orsuspend iOwhole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub -Recipient under the program with respect towhich the failure or refund occurred until satisfactory
WA
assurance offuture compliance has been received from such Su and refer the case bnthe
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI -KICKBACK ACT
The Sub -Recipient herebvagreesthed.unlesaexamptuDderFedena|lavv it will
incorporate orcause tobeincorporated into any contract for construction work, ormodification thereof,
the following clause:
i Contractor. The contractor shall comply with 18 U.S.C. §04,
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 orsubcontractor shall insert k)any
subcontracts the clause above and such other clauses asthe FEMA may
byappropriate instructions require, and also mclause requiring the
subcontractors bJinclude these clauses inany lower tier subcontracts.
The prime contractor shall beresponsible for the compliance byany
subcontractor orlower tier subcontractor with all ofthese contract
clauses.
iii. Breach. Abreach ofthe contract clauses above may begrounds
for termination ofthe contract, and for debarment as acontractor and
subcontractor esprovided in2SC.F.R�85.12�
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
|fthe Sub-Reo ient,vviththefunds authorized bythis Agreement, enters into mcontract
that exceeds $1OO.00Oand involves the employment ofmechanics ¢[ laborers, then any such contract
must include a provisionfomoonnp|ionnmvvith4OU.G.C.3702and37O4.ossupplementedbvDepadment
ofLabor regulations (29CFR Part 5). Under 4DU.S.C.37O2ofthe Act, each contractor must berequired
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
inthe 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 Vrdangerous. These requirements donot apply hothe purchases of supplies
or materials or articles ordinarily available on the open market, orcontracts for transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
|fthe Sub-Reo i Dt, with the funds authorized bvthis Agreement, enters into acontract
that exceeds $15D'OOO.then any such contract must include the following :
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant tothe Clean Air Act k2U. S.C.74O1-7O71q\
and the Federal Water Pollution Control Act os amended /33U.8.C.
1251-1387>.and will report violations toFEMA and the Regional Office cf
the Environmental Protection Agency (EPA).
23
(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient,with the funds authorized bvthis Agreement, enters into acontract,
then any such contract must include the following provisions:
i This contract haacovered transaction for purposes of2C.F.R.
pL 180 and 2 C.F.R. pt. 3000. As such the contractor ks required to
verify that none ofthe contractor, its principals (defined at2C.F.R. §
18O.885),orits affiliates (defined od2C.F.R. §18O.AO5)are excluded
(defined at2C.F.R. §18U.94O)ordisqualified (defined ot2Cf.R.G
180.935).
ii. The contractor must comply with 2C.FR. pt. 180.subpart C and
2C.F. R.pt. 3OOO.subpart C and must include orequirement tocomply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is amaterial representation offact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180. subpart Cand 2 C.F.R. pt. 3000. subpart C, in
addition b}remedies available bothe Division, the Federal Government
may pursue available nennadies, including but not limited to suspension
and/or debarment.
iv. The bidder orproposer agrees to comply with the requirements
of2C.F�R.pt. 10J.subpart C and 2C.F.R.pt. 30OO.subpart C while this
offer ksvalid and throughout the period ofany contract that may arise
from this offer. The bidder orproposer further agrees toinclude a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI -LOBBYING AMENDMENT
If the Sub-Recipient,with the funds authorized bvthis Agreement, enters into mcontract,
then any such contract must include the following clause:
Byrd ngAmendment. 31 U,S.C. § 1352(as amended\.
Contractors who apply orbid for mnaward of $1OO,ODOormore shall file
the required certification, Each tier certifies tVthe tier above that itwill
not and has not used Federal appropriated funds bJpay any person or
organization for influencing orattempting buinfluence anofficer or
employee ufany agency, omember ofCongress, officer oremployee of
Congress, oranemployee ofamember ofCongress inconnection with
obtaining any Federal contract, grant, orany other award covered by31
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 totier uptothe
recipient.
01
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
11IFill i I i'll I i 1 NO 11-0.1 i I F
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:
Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs L 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.
Attachment C.
The Sub -Recipient shall comply with any Statement of Assurances incorporated as
25
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB -RECIPIENT: city of Sanford
By:
Name and Title: `j
Date:
FID#: 59-6000425
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Y v Y
Miles E. Anderson, for
By:
Name and Title: Michael Kennett Deputy Director
Date: )— IO
26
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS
Federal Program
Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97.039
Award amount $ 159,816.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TOTHE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
0 2CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 etseq.. and Related Authorities
0 Sections 13G1(A)ofthe National Flood Insurance Act Vf1y88.42U.S.C.4104c.asamended hy
the National Flood Insurance Reform Act of19S4.Public Law 1O3-325and the Bunning-Bereubar-
B|urnenouerF|oodInmunsnoeReformActnf2OO4'Pub|ioLaw/1O8-2G4
0 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
Sub -Recipient hsto use funding to perform the following eligible activities:
° Retrofitting ofexisting buildings and facilities
2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, orwill beinviolation of the terms of the Agreement.
NOTE: Section 200.33/���2 C.F.R.^asrevised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs and State Projects baincluded onpg. Ymfthis t
agreement and /nExhibit Ybgprovided tothe Sub -Recipient.
27
Attachment A
Budget and Scope of Work
STATEMENT OFPURPOSE:
The purpose of this Scope of Work (SOW) is to protect Fire Station #32.inSanford, Florida; funded
through the Hazard Mitigation Grant Program (HK8GP) DR -4283-047-R, as approved by the Florida
Division of Emergency Management (Division) and the Federal Emergency Management Agency
(FEMA).
The Sub-Reoiphant.City ofSanford, agrees toadminister and complete the project perscopenfvworkos
submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -
Recipient shall complete the work in accordance with all applicable Fedena|. Shaba and Local Lovvs,
Regulations and Codes.
PROJECT OVERVIEW:
AsaHazard Mitigation Grant Program project, the Sub -Recipient proposes to retrofit Sanford Fire Station
#32,located at3DOEast Airport Boulevard, Sanford, Florida 32773(J8.7694O4.-81.277283),
The Scope of Work mitigation activities include reinforcing the main portal frames, reinforce base plates
at two columns, reinforcing all roof z -purlins and upgrade existing cable cross -bracing at the roof.Also,
the overhead service doors will be replaced and all existing window openings will be protected with new
impact resistant windows. As deemed necessary, wind protection will be provided on any other opening
such as vents. louvers, and exhaust fans. All installations will be in strict compliance with the Florida
Building Coda or Miami Dade Specifications and all materials will be certified to meet wind and impact
standards. The local municipal or county building department will inspect and certify installation
according tothe manufacture specification.
The projectshmUprovideprohaotionagainste14U-K4PHvvindsnrthavvindspeedproteotionand\rnpact
requirements indicated bythe effective Florida Building Code mtthe time permits are issued.
Pursuant to subsection 553.888(2). Florida Statutes, projects including the construction ofnew or
retrofitted window or door coverings must conform to design drawings that are siQned, mea[ed, and
inspected by a structural engineer who is registered in this state. The Recipient shall provide an
inspection report and attestation or a copy of the signed and sealed plans to the Division before final
payment will bemade.
TASKS & DELIVERABLES:
A.
1) The Sub -Recipient shall procure the services of qualified and licensed Florida contractor and
execute econtract with the selected bidder tocomplete the scope ofwork asapproved bvthe Division
and FEMA. The Sub -Recipient shall select the qualified. licensed Florida contractor in accordance
with the Sub -Recipient's procurement policy s well as all Federal and State Laws and Regulations.
All procurement activities shall contain sufficient source documentation and be in accordance with
all applicable regulations.
The Sub -Recipient shall be responsible for furnishing or contracting all iabor, mnahario{s, equipment,
tools, transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the Sub -Recipient and subsequently approved by the
Division and FEMA.
The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite
for the duration of the work. The contractor ahoU maintain all work staging areas in o neat and
presentable condition.
28
The Su shall ensure that nocontractors orsubcontractors are debarred orsuspended
from participating infederally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt
issued for the type ofservices being performed.
The Sub -Recipient mheU provide documentation demonstrating the results of the procurement
process. This shall include a rationale for the method of procurement and selection of contract type,
contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form" for each contractor and/or subcontractor performing services under this agreement,
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the
Sub -Recipient.
The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform
services. The Sub -Recipient shall provide a copy of current and valid occupational license or
business tax receipt issued for the type of services to be performed by selected contractor.
2) The Sub -Recipient shall monitor and manage the procurement and installation of all opening
protection products in accordance with the HKAGPapp|ioation and associated documentation as
presented to the Division by the Sub -Recipient and subsequently approved by the Division and
FEMA. The Sub -Recipient shall ensure that all applicable Sbaba. Local and Federal Laws and
Regulations are followed and documented, asappropriate.
The project shall prohectthe structure from windblown debris resulting from high wind storms which
shall allow the function of the structures to continue following a severe wind event.
The Sub -Recipient shall fully perform the approved project, as described in the application, in
accordance with the approved scope of work indicated herein, the estimate ofcosts indicated herein,
the allocation of funds indicated herein, and all applicable terms and conditions. TheGub'Recipient
shall not deviate from the approved project termoandcnnditions.
Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection
of the completed project by the local municipal or county building department (off|nia|), or other
approving offioia|, as applicable. The official shall inspect and certify that all installation was in
accordance with the manufacturer's specifications. Any deficiencies found during this final inspection
shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection
request tVthe Division.
Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient
supporting documentation, and provide msummary ofall contract scope of work and scope ofwork
nhanges, ifany. Additional documentation shall include:
a) Copy ofpermit(s)notice of
b) Local Building Official Inspection Report and Final Approval.
o) All Product Specifications / Data Sheet(e) (technical standards) satisfying protection
requirements onall products utilized.
d) Design drawings that are signed, sealed, and inspected by structural engineer (registered in
this state).
oA Provide inspection reportks and attestation, tobaincluded with the Quarterly Report.
f) Signed and Sealed As -built project plans (drawings)bvthe Professional ofRecord, two hard
copies and electronic version (via email orCD); and
g) Letter of Completion:
1. /#ffirmin8that the completed inconformance with the approved project drawings,
specifications and scope; and
29
2. Certifying Compliance with all applicable codes;
3\ During the course of this agreement the Sub -Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and |nce| share) na|abad to the project. In some cases, all project activities meynot befully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may berequested.
The Su shall submit an Affidavit signed by the Sub -Recipient's project personnel with
each reimbursement request, attesting to the completion of the work, disbursements orpayments
were made in accordance with all agreement and regulatory conditions, and that reimbursement is
due and has not been previously requested.
The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices
are accurate and any contracted services were rendered within the terms and timelines of this
agreement. All supporting documentation shall agree with the requested billing period. All costs
submitted for reimbursement shall contain adequate source documentation which may include but
not be limited to: cancelled chechs, bank statements, Electronic Funds Tnanshar, paid bills and
invoioee, payrolls, time and attendance nsoonda, contract and subcontract award documents.
Construction Expense: The Sub'RenipientahaU pre -audit biUs, invnices, and/or charges submitted
by the contractors and subcontractors and pay the contractors and subcontractors for approved bills,
invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as
payroll records, project time sheets. attendance logs, etc. Documentation shall be detailed
information describing tasks performed, hours devoted to each task, and the hourly rate charged for
each hour including enough information to calculate the hourly rates based on payroll records.
Employee benefits shall beclearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was cVnop|ebad prior to the approved
project start date by verifying vendor and contractor invoices. TheDivision shall verify that reported
costs were incurred |nthe performance ofeligible work, that the approved work was completed, and
that the mitigation measures are incompliance with the approved scope ufwork prior hoprocessing
any requests for reimbursement.
Review and approval ofany third party in-kind aen/|ces, if applicable, shall be conducted by the
Division in coordination with the Sub -Recipient, Quarterly Reports shall be submitted by the Sub -
Recipient and received by the Division at the times provided in this agreement prior to the processing
Ofany reimbursement.
The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and
managerial costs na|abad to the project as identified in the project application, and pians. The
requests for reimbursement shall include:
a) Contractor, subconhaotor, and/or vendor invoices which clearly display dates of services
perforrned, description of services performed, location of services performed, cost ofservices
performed, name ofservice provider and any other pertinent information;
b\ Proof ofpayment from the Sub -Recipient to the mzntnaotor, subcontr@utur, and/or vendor for
invoiced services;
c) Clear identification ofamount nfcosts being requested for reimbursement aswell oscosts being
applied against the local match amount;
The Sub-RanipkenYafinal request for reimbursement shall include the final construction project oosL
Supporting documentation shall show that all contractors and subcontractors have been paid.
30
B.
Mitigation Activities consist ofproviding protection to Fire Station #32.located at 30East Airport
Boulevard, Sanford, Florida 32773(28.769464.-81.277293).. The structure shall beretrofitted to the
required Florida Building Code requirements. Protection ahg|| be provided on all exterior openings,
such as doors, windows, skylights, vents, louvers and exhaust fans on the structures.
The projectsheU provide protection against 140 -MPH winda, or the mind speed protection and
impact requirements indicated by the efhacdma Florida Building Code at the time ponnhs are
issued.
Pursuant tosubsection 553.888(2).Florida Statutes, projects inc/udiOgUle construction ofnew or
retrofitted window or door coverings must conform to design drawings that are oigned, oemled,
and inspected bya structural engineer who inregistered inthis state. The Recipient shall provide
an inspection report and attestation or a copy of the signed and sealed plans to the Division before
final payment will bemade.
Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall
project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C.
1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100%
complete and ready for the Division's Fina} Inspection of the project.
2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and any local official
Inspection Report and/or Final approval; as applicable.
3) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protect requirements onall products utilized.
4) The Sub -Recipient shall submit msigned and sealed final copy ofthe completed project's /\s-bui|t
drawings and all necessary supporting documentation, and provide a summary of all contract
scope of work changes, ifany.
b) The Sub -Recipient shall submit a certified letter ofcompletion from Engineer ofRecord. The Sub -
Recipient's Engineer of Record shall provide a formal certificate or letter ofhnnin0 that the project
has been completed |Dconformance with the approved project duavvings.apecificatione.scope.and
applicable codes.
G\ All installations shall be done in strict compliance with the Florida Building Code or Miami Dade
Specifications. All materials shall becertified bomeet n[exceed the wind and impact standards of
the current local codes.
7) Product Specifications documentation protection requirements for all products utilized shall
beprovided tothe Division for closeout.
8) The Sub -Recipient shall foUnvv all applicable State, Local and Federal L@vvG Regulations and
naquinannents, and obtain (before starting project work)and comply with all required permits and
approvals. Failure toobtain all appropriate Fedena|. State, and Local permits and clearances may
jeopardize federal funding. Glazing in structures shall be impact resistant or protected with an impact
resistant covering meeting the requirements of SSTD 12, ASTM E 1888 and ASTM E 1996.
ANS|/DASK8A 115 (for garage doors and rolling doors) orMiami-Dade TAS 201. 202 and 203 or
/AyWA5O6 referenced therein as follows:
a\ Glazed openings located within 3Ofeet (9.1nn)ofgrade shall meet the requirements nfthe
Large Missile Test
31
h) Glazed openings located more than 3Ofeet (9] m)above grade shall meet the provisions
of the Small Missile Test.
o> Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are
located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test.
|m coverings shall be tested at 1.5times the design pressure (Positive orNegative)
expressed in pounds per square feet as determined by the Florida Building Code, Building
Section 1GOSfor which the specimen istobetested.
3) The local municipal or county building department shall inspect the iosba||edioo according to the
manufacture's spgcifioatiun, and ensure that the above referenced standards have been met;
documentation provided tothe division for closeout.
1O)The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the structure to property |Osoos and are specifically not intended to provide for the
safety ofinhabitants before, during or after natural or manmade disaster.
11)The funding provided by the Division under this subaward shall compensate for the materials labor
and fees for the hardening activities as a retrofit measure for the Sub -Recipient's structures to reduce
and/or mitigate the damage that might otherwieaVcourhonnsoverevvmadherorothorhezands. The
funding of this project by the Division does not confer or imply any warranty of use or suitability for
the work performed pursuant to this agreement. The State of Florida disclaims all warranties with
regard to this mitigation project, express or innpUed, including but not |innibad to, any implied
warranties and/or conditions of satisfactory quality and fitness for a particular purpose,
merchantability, nrmerchantable quality.
12>This project haenotbeanevo|uatedbythooriteri000nta}nedintheatendardooftheDepartnnentof
Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361 -Design
and Construction for Community Shelter, and thus does not provide "near absolute protection". It is
understood and agreed by the Division and the Sub -Recipient that the structure may have
vulnerabilities due to age, design and location which may result in damage to the structure from wind
events even after the installation of the mitigation measures funded under this Subgrant Agreement.
It is further understood and agreed by the Division and the Sub -Recipient that the level of wind
protection provided by the mitigation acUon, although meeting State standards and nodes and
enhancing the structural integrity Vfthe structure, does not ensure the safety orsurvival ofoccupants.
D.
1\ The Sub -Recipient shall follow all applicable state, local and federal laws regulations and
requinernents, and obtain (before starting project work) and cVnlpk/ with all required permits and
approvals. Failure to obtain all appropriate federal, state, and local environmental permits and
clearances may jeopardize federal funding. |fproject iode}ayodforayearurnnonaaftarthedabeof
the categorical exclusion (CATE>(), then coordination with and project review by regulatory agencies
must beredone.
2) Any change addition or supplement to the approved mitigation measure orscope of work that alters
the project (iDdudingotharvvOrkn[tfundedbvFEMA.butdune substantially edthe same time) shall
require resubmission to the Division and FEMA for revaluation of compliance with the National
Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act
(NHPA) prior to initiation of any work. Non-compliance with these naquinarnenha may jeopardize
FEKoA'sability tofund this project. Achange inthe scope ofwork shall beapproved bythe Division
and FEMA /nadvance regardless oythe budget implications.
3\ If any ground disturbance activities occur during construction, the Sub -Recipient shall monitor ground
disturbance during construction` and if any potential archeological resources are disoovenad, shall
immediately cease construction in that area and notify the Division and FEMA.
4) Construction vehicles and equipment used for this project sheUbemainbainedingoodvvnrkiDgVnder
to minimize pollutant emissions.
32
E.
1} The Sub -Recipient must notify the Division as soon as significant developments becomes known,
such asdelays o/adverse conditions that might raise costs ordelay completion, mfavorable
conditions allowing lower costs cvearlier completion.
2) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in
aneed for additional funds" [44CFR 13(c)].from the Division and FEMA.
3\ Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 -
days prior to the Period of Performance date, for review and approval by the Division; for submittal
bJFEMA for closeout.
4) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior bothe
expiration date. Therefona, any request for a Period of Performance Extension shall be in writing
and submitted along with substantiation of new expiration date, and a new schedule of work, to the
Division aminimum ofseventy (7O)days prior tmthe expiration date, for Division processing bzFEMA.
5) The Sub -Recipient must avoid duplication of benefits between the Hk8GP and any other form of
assisbanoe, as required by Section 312 of the Stafford Aot, and further clarification in 44 CFR
206.191.
G> A copy of any executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
This is FEMA project number HMGP-4283-047-R, funded under FEMA -4283 -DR -FL.
FEMA awarded this project on March 5, 2018, shall begin upon execution by both parties, and the
Period of Performance shall end on March 31, 2020.
F FINANCIAL CONSEQUENCES:
[fthe Sub -Recipient tai|at000rnplyvvith any term ofthe award, the Division shall take one ormore ofthe
following oc±ione, as appropriate inthe circumstances:
1\ Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient;
2) Disallow all orpart ofthe cost ofthe activity nraction not incompliance;
3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program;
4} Withhold further awards for the program; or
5) Take other remedies that may be |ago|}y available.
SCHEDULE OF WORK
State/Local Contracting Process:
Permitting:
Bidding and Contracting:
Construction / Installation:
Total Period of Performance:
3 Months
3 Months
3 Months
12 Months
3 Months
24 Months
33
BUDGET
Line Item Budget*
Materials:
Labor:
Fees:
Total:
Project Cost
$159,477.00
$24,809.00
$28,800.00
$213,086.00
Federal Share
$119,608.00
$18,607.00
$21,600.00
$169,816.00
Local Share
$39,869.00
$6,202.00
$7,200.00
$63,271.00
*Any line item amount in this Budget may be increased or decreased 10% or less without an
amendment to this Agreement being required, so long as the overall amount of the funds obligated
under this Agreement is not increased.
Funding Summary
Federal Share:
Local Share:
Total Project Cost:
$159,815.00
(75%)
$53,271.00
(25%)
$213,086.00
(100%)
34
Attachment B
Program Statutes and Regulations
The parties tothis Agreement and the Hazard Mitigation Grant Procam(HMGP) are generally
governed bvthe following statutes and regulations:
/1> The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44CFR Parts 7.y.1O.13,14.17.18.25.28G.22U.and 221.and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Assistance Guidance- February 27.2O15Update; and
(5) All applicable laws and regulations delineated inAttachment Cofthis Agreement
In addition to the above statutes and regulations, the Sub -recipient must comply with the
following:
The Sub -recipient shall fully perform the approved hazard mitigation project, madescribed inthe
Application and Attachment A (Budget and Scope of Work) attached to this Aoreernent, in accordance
with approved scope ofwork indicated therein, the estimate ofcosts indicated therein, the allocation of
funds indicated therein, and the terms and conditions ofthis Agreement. The Sub -recipient shall not
deviate from the approved project ondtheharmsondnonditionsofthisAgneemenL The Sub -recipient
shall comply with any and all applicable codes and standards in performing work funded under this
Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Sand
any land use permitted byorengaged inby the Sub -recipient, shall beconsistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part ||. Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Sub -recipient shall be responsible for ensuring that any development permit issued and
any development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Comrnission, and any Fedenal. Stgte, orlocal environmental or land
use permitting authority, where required. The Sub -recipient agrees that any repair orconstruction shall
be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
The Sub -recipient will provide and maintain competent and adequate engineering supervision ot
the construction site toensure that the completed work conforms with the approved plans and
specifications and will furnish progress reports and such other information to HMGP as may be required.
|fthe hazard mitigation project deschbedinAttgchnlentAinc|udes anacquisition orrelocation
project, then the Sub -recipient shall ensure that, as a condition offunding under this Agreement, the
owner ofthe affected real property shall record in the public records of the county where it is located the
following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or
from which a structure will be removed pursuant to the project.
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
35
C2> No new structure will be erected on property other than:
a. epublic facility that kaopen onall sides and functionally related to adesigned open
space;
b. a restroom; or
(3) Astructure that the Director ofthe Federal Emergency ManagementAgency approves in
writing before the commencement ofthe construction ofthe structure;
(4) After the date ¢fthe acquisition nrrelocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property byany Federal source; and
(5) If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assiQDs, and the oVvOe[' its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGPContract Manager will evaluate requests for cost overruns and submit tothe regional
Director written determination ofcost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in44CFR 2OG.438(b).
The National Environmental Policy Act (NEPA)stipulates that additions qramendments toe
HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies
participating inthe NEPA process.
As a rerninder, the Sub -recipient must obtain prior from the Staba, before implementing
changes tothe approved project Scope ofWork Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
U\ For Construction projects, the0renbaenouet"obteinphorwr0enopprVva|hnenybudoet
revision which result inoneed for additional funds" (44CFR 13(c));
(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the
budget implications; and
(3) The Sub -recipient must notify the State as soon as significant developments become
known, such asdelays oradverse conditions that might raise costs ordelay completion,
Drfavorable conditions allowing lower cost orearlier completion. Any extensions Vfthe
period ofperformance must besubmitted toFEMA sixty days prior tothe project
expiration date.
The Sub -recipient assures that it will comply with the following statutes and regulations tothe
extent applicable:
(1) b2Federal Register 8O34
C8 Federal Acquisition Regulations 31.2
(3) Section 13G2.Title 31.USCode
(4) Chapter 473, Florida Statutes
(5) Chapter 215, Florida Statutes
(G) Section 768.28, Florida Statutes
6q Chapter 119, Florida Statutes
(8) Section 216.181(6), Florida Statutes
(8) Cash Management Improvement Act of1A9O
(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act
(13) Section 286.011, Florida Statutes
,36
(14) 2 CFR. Part 200 — Uniform Administrative Reouirenlents, Cost Principles, and Audit
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquisitions Act of197O
(16) Title |ofthe Omnibus Crime Control and Safe Streets Act of1QG8
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(18) Omnibus Crime Control and Safe Streets Act of18G8.msamended
(19) Victims ofCrime Act (as appropriate)
(20) Section 5O4ofthe Rehabilitation Act of1873.es amended
/21> Subtitle A.Title Uofthe Americans with Disabilities Act (ADA)(1S8O)
(22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part 39
37
Attachment C
Statement ofAssurances
Tothe extent the following apply tothis Agreement, the Sub -recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and tocarry out the proposed program;
(b) Its governing body has duly adopted or passed amanofficial act ofresolution, motion orsimilar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Sub -recipient's chief administrative officer ordesignee to act in
connection with the application and to provide such additional information as may be required;
(c) Nomember ofordelegate toUeCongressofdeUnited States, and no Resident Commissioner,
shall receive any share Vrpart Cfthis Agreement orany benefit. Nomember, officer, or
employee ofthe Sub -recipient n[its designees oragents, nomember ofthe governing body of
the locality inwhich this program iosituated, and noother public official ofthe locality orlocalities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct orindirect, inany contract orsubcontract, orthe
proceeds, for work be performed in connection with the program assisted under this Agreement,
The Sub'necipientsha|| incVrponste, in all contracts orsubcontracts a provision prohibiting any
interest pursuant hothe purpose Stated above;
k8 All Sub -recipient contracts for which the State Legislature is in any part funding sounze, shall
contain language bJprovide for termination with reasonable costs bobepaid bvthe Sub -recipient
for eligible contract work completed prior to the date the notice of suspension of funding was
received bythe Sub -recipient. Any cost incurred after anotice ofsuspension ortermination is
received bythe Sub -recipient may not befunded with funds provided under this Agreement
unless previously approved in writing by the Division. All Sub -recipient contracts shall contain
provisions for termination for cause or convenience and shall provide for the method of payment
insuch event;
(e) Kwill comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C� 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts bepaid wages ofnot 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, 2SU.S.C.Section 2O1et seq.,requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
Ul 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 noperson inthe United States shall onthe grounds ofrace,
color, o[national origin, beexo|udedhompanboioabunin.bed*niedthebenefibsof,orbo
otherwise subjected to discrimination under any program or activity for which the Sub -
recipient received Federal financial assistance and will immediately take any measures
necessary toeffectuate this assurance. |fany real property orstructure thereon is
provided orimproved with the aid of Federal financial assistance extended to the Sub -
recipient, this assurance shall obligate the Sub-recipieDLnrinthe case cfany transfer of
such property, any transferee, for the period during which the real property or structure is
38
used for apurpose for which the Federal financial assistance isextended, orfor another
purpose involving the provisionofsimilar services orbenefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of1B75.asamended (42U£C. 6101-81O7)which prohibits discrimination onthe
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 5O4of the Rehabilitation Act of1A73;
CB Executive Order 1124O.asamended bvExecutive Orders 11375 and 12O8O.and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against onthe basis ofrace, color, religion, sex o[national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in amp|nyrnent, upQnadinQ, demoUon,
or transfer; recruitment or recruitment advertising; layoff/termination, rates ofpay or other
forms ofcompensation; and election for training and apprenticeship;
(m) It will establish safeguards toprohibit employee's from using positions for apurpose that is0r
gives the appearance of being motivated by a desire for private gain for themselves o[others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 112.3135. Florida Statutes;
(h) bwill comply with the Anti -Kickback Act of1G8G,41 U.S.C. Section 51which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
(0
It will comply with the provisions of18U.G.C.5S4.5B8,OOO-6O5 (further known aethe Hatch Act)
which limits the political activities of employees;
0 Kwill comply with the flood insurance purchase and other requirements ofthe Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, 0[any other form ofdirect or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant Funds executed bythe title holder with the closeout request verifying that
certain 8FHArequirements were satisfied ooeach ofthe properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha—conditions.shtm
(k) Kwill require every building or than a privately owned residential structure) designed,
constructed, oraltered with funds provided under this Agreement to comply with the "Uniform
Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for
general type buildings and Appendix /\to 24CFR, Part 4Ofor residential structures. The Sub -
recipient will be responsible for conducting inspections to ensure compliance with these
specifications bythe contractor;
(1) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of1SGS.comply with Section 1OGofthe National Historic Preservation
Act of1S88(U.S.C.47U).Executive Order 11593`24CFR, Part 8OO.and the Preservation Vf
Archaeological and Historical Data Act of1SG6(16U.G.C.4G8a-1.etaeq.)by:
(1) Consulting with the State Historic Preservation Office to identify properties listed inor
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
39
(2) Complying with all requirements established by the State hnavoid or mitigate adverse
effects upon such properties.
/3\ Abid\ngbvthebennsandcondidonmcfthe^`Pwm8romanmatluAgreemnmmtAmmmngthe
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal
and State entities inimplementing Section 1UOofthe National Historic Preservation Act
(NHPA]. 18 U.G.C. 470(f). and implementing regulations in 36 CFR. Part 800.
(4) When any of the Sub -recipient's projects funded under this Agreement may affect a
historic property, msdefined in3GCFR, Part 8O0(2)(e),the Federal Emergency
Management Agency (FEMA) may require the Suh'nacipientto 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 1$92(Standamds),the Secretary mfthe Interior's
Guidelines for Archeological Documentation (Guide|imes)(48Federal Register
44734-37).orany other applicable Secretary ufInterior standards. |fFEMA determines
that the eligible scope ofwork will not conform with the Standards, the Sub -recipient
agrees to participate in consultations to develop, and after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts tVarcheological sibas, and the sa|vege, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(5) The Sub -recipient agrees tonotify FEMA and the Division ifany projectfunded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal oftrees; excavation offootings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely toareas 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 beaffected bysuch activities. The GHPOwill advise the Sub -recipient onany
feasible steps to be 0000rnpUahed to avoid any National Register eligible archeological
property or will make recommendations for the development of a treatment plan for the
recovery orarcheological data from the property.
Kthe Sub -recipient iaunable toavoid the archeologicalpropedy. develop, in consultation
with SHPO.atreatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties" The Sub -recipient shall forward information regarding the
treatment plan toFEMA, the SHP[}and the Council for review. |fthe SHP[)and the
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Sub -recipient to implement the treatment plan. |feither the Council or the
8HP(} object, Sub -recipient shall not proceed with the project until the objection in
resolved.
(6) TheSub-recipient shall notify the Division and FEMA aasoon aspracticable: (a)ofany
changes inthe approved scope ofwork for aNational Register eligible orUstedprnparty;
(b) of all changes bJeproject thatmaynasu{tinaauppleroenba\DSRornnodifvaHyWGP
project for a National Register eligible or listed property; (c) if it appears that a pject
funded under this Agreement will affect a previously unidentified property that may be
eligible for inclusion inthe National Register Oraffect aknown historic property inan
unanticipated manner. The Sub -recipient acknowledges that FEMA may require the Sub -
recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Sub -
recipient further acknowledges that FEMA may require the Sub -recipient to take all
Flu
reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. The Sub -recipient also acknowledges that FEMA will
naquims, and the Sub -recipient shall comply with, modifications to the project scope of
work necessary toimplement recommendations toaddress the project and the property.
(7) The Sub -recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects vvhen, with intent to avoid the requirements of the
PA or the NHPA, the Sub -recipient intentionally and significantly adversely affect$ a
historic property, or having the legal power to prevent it, allowed such significant adverse
effect to occur.
kn\ Itwill comply with Title CKCfthe Education Amendments of1972.uaamended C3UU.S.C.1881-
1O83and 1O85-1O8O\which prohibits discrimination onthe basis mfsex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of1Q7U.(4CZU,G.C.4521-45-84)relating tonondiscrimination onthe basis of
alcohol abuse ore|oohnUsrn�
'
(0) |twill comply with 523and 527ofthe Public Health Service Act Vf1912(42U.S.C. 2SOdd-3and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which
prohibits the use oflead based paint in construction ofrehabilitation orresidential structures;
(q) |twill comply with the Energy Policy and Conservation Act (P.LS44G3;42U.G.C.G2O1-G422),
and the provisions ofthe State Energy Conservation Plan adopted pursuant thereto;
(r) |twill comply with the Laboratory Animal Welfare Act 0f1S6O. (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 bygnaward ufassistance under this Agreement;
(s) It will comply with Title \0Uofthe Civil Rights Act of1&68,(42U.S.0 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non -d iscrimi nation in the sale, rental, or financing of housing, and
Title VI ofthe Civil Rights Act of1QG4 (P.L 88'353), which prohibits discrimination on the basis of
nsce, color ornational origin;
Ab bwill comply with the Clean Air Act Vf1955.as amended, 42U.S.C.74O1-7842;
(u) |twill comply with the Clean Water Act of1977.amamended, 42U.S.C.7419-7G26
(v) |twill comply with the endangered Species Act of1Q73.18U.S.C.1531-1544;
(vv) |twill comply with the Intergovernmental Personnel Act of197O.42U.S.C.472O-47G3;
(x) |twill assist the awarding agency inassuring compliance with the National Historic Preservation
Act of1SOO. as amended, 16 U.G.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of1SGS.42U.S.C.4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act Of18BG. 16 U.S.C. 468a. etSeq.;
(aa) Kwill comply with the Rehabilitation Act nf1S73,Section 5U4,29U.S.C�794.regarding non-
discrimination;
41
(bb) |twill comply with the environmental standards which may ba prescribed pursuant tothe Safe
Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water
sources;
(cc) |twill comply with the requirements ofTitles Uand III ofthe Uniform Relocation Assistance and
Property Acquisition Policies Act of187O.42U.S.C�4821-4G38.which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(dd) Uwill comply with the Wild and Scenic Rivers Act of1968.1GU.S.C.1271-1287.related to
protecting components orpotential components ofthe national wild and scenic rivers system;
(ea) |twill comply with the following Executive Orders: E(]11514(NEpA); EO11Y38(violating
fac0beo);EO11QB8(Floodplain yNonagen)end;E{}118QD(WeUands);and EO 12898
(Environmental Justice);
R |twill comply with the Coastal Barrier Resources Act nf1977.1OU. S.C.351O;
(gg) |twill assure project consistencyvv\ththmapprovedStuteprognamdeveiopedunderthe Coastal
Zone Management Act of1872`1GU.S.C.1451'1484; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958. 16 U.&C. 861-660.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficienthodemonstrete that the Sub -
recipient onditsdemo|itioOcontractorhave sufficient manpower and equipment ho
comply with the obligations asoutlined inthis Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located inthe Sub-necipieDt's jurisdiction todetect the presence of
asbestos and lead in accordance with requirements of the U.S. Environmental Protection
Agency, the Florida Department mfEnvironmental Protection and the County Health
Department.
(4) Provide documentation 0fthe inspection nesu8s for each structure to indicate:
g. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision overcontractorsorem employed by the Sub -recipient to
remove asbestos and lead from demolished orotherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor's work.
08) Obtain all required permits.
(Q) Provide addresses and marked maps for each site where water wells and septic tanks
are h}beclosed along with the number ofwells and septic tanks located oneach site.
Provide documentation ofclosures.
(10) Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law S4 -1G3).
42
Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities,
43
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OFlREIMBURSEMENT OF
HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
SUB -RECIPIENT: City of Sanford
REMIT ADDRESS:
CITY: STATE: ZIP CODE:
PROJECT TYPE: Wind Retrofit PROJECT #:
PROGRAM: Hazard Mitigation Grant Program CONTRACT #:
APPROVED BUDGET: FEDERAL SHARE: MATCH:
ADVANCED RECEIVED: N/A AMOUNT: SETTLED?
Invoice Period: To Payment #:
Eligible Amount Obligated Federal Obligated Non- Division Use Only
100% Amount Federal
(Current Request) 75% 25% Approved Comments
TOTAL CURRENT REQUEST: $
By signing this report, | certify bothe best n(myknowledge and belief that the report istrue, complete, and accurate,
and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and
conditions ofthe Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any
material fact, may subject me to chmina(, civil or administrative penalties for fraud, false atetements, false claims or
otherwise. (U.G.Code Title 1D.Section 1OO1and Title 31.Sections 372A-873Oand 3801'3812.
SUB -RECIPIENT SIGNATURE:
NAME / TITLE: DATE:
TO BE COMPLETED BYTHE DAUBK]0
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT
44
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD IVITIGATION ASSISTANCE PROGRAM
SUB -RECIPIENT: City of Sanford PAYMENT #:
PROJECT TYPE: Wind Retrofit PROJECT #: 4283-47-R
PROGRAM:
Hazard Mitigation Grant Program CONTRACT #: H0061
2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #)
3 Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or
contractor) by category (Materials, Labor, Fees) and line item in the approved project fine item budget Provide a brief description of
the articles or services. List service dates per each invoice.
45
REF NO2
DATE 3
DOCUMENTATION 4
(Check)
AMOUNT
ELIGIBLE
COSTS
2
3
4
5
6
7
8
9
I
—
This payment represents % completion of the project. TOTAL
2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #)
3 Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or
contractor) by category (Materials, Labor, Fees) and line item in the approved project fine item budget Provide a brief description of
the articles or services. List service dates per each invoice.
45
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT: City of Sanford
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
staff, award benefits to clients, duplicate forms and purchase start-up
supplies and equipment. We would not be able to operate the program
without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for 90 days.
Submit Attachment D with the cost share breakdown along with Attachment E and all supporting
documentation.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20-20 Anticipated Expenditures for First Three
(list applicable line items)
Months of Contract
For example
ADMINISTRATIVE COSTS
(include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the
need for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety (90) days of the contract term. Support
documentation should include quotes for purchases, delivery timelines, salary and expense
projections, etc. to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety (90) days of the contract term. Any advance funds not
expended within the first ninety (90) days of the contract term as evidenced by copies of invoices
and cancelled checks as required by the Budget and Scope of work showing 100% of
expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest
earned on the advance.
46
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
Instructions: Com tete and submit this form to the ppproect Manager within 15 Y2Ls of each quarter's end date.
.ptiate ETL_
SUB -RECIPIENT: City of Sanford PROJECT#
4283-47-R
PROJECT TYPE: Wind Retrofit CONTRACT M H0061
PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: —
Advance Payment Information:
Advance Received [-I N/A E] Amount: $ Advance Settled? Yes El No El
Provide reimbursement Projections for this project (projections may change):
Jul -Sep 20 $ Oct -Dec 20 $ Jan -Mar 20 $ Apr -Jun 20_ $
Target Dates:
Contract Initiation Date: Contract Expiration Date:
Estimated Project Completion Date:
Project Proceeding on Schedule? nYes nNo (If No, please describe under Issues below)
Percentage of Work Completed (may be confirmed by state inspectors): %
Describe Milestones achieved during this quarter:
Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with
estimated dates)
Milestone Date
Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost:
Cost Status: El Cost Unchanged El Under Budget ❑ Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events
may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns,
changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may
be found non-compliant with your sub grant award.
Person Completing Form: Phone:
- To be completed by Division staff--
Date
taff-Date Reviewed: Reviewer -
Actions:
47
UI MZITIMTITKC
Warranties and Representations
Financial Management
The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2
C.F.R. §§200.317 through 200.326).
Business Hours
The Sub -Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as
applicable.
Licensing and Permitting
All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub -Recipient.
M
Attachment H
Subcontractor Covered Transactions
(1) The prospective subnontnactor, of
the Sub -Recipient certifies, by submission of this document, that neither it nor its principalsia
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation inthis transaction byany Federal department oragency.
(2) Where the Gub'Racipienys subcontractor iaunable tDcertify tothe above statement, the prospective
subcontractor shall attach anexplanation bzthis form.
SUBCONTRACTOR
Signature
Name and Title
Street Address
City, State, ZipDate
Ci!y of Sanford
Sub -Recipient's Name
DEM Contract Number
FEMA Project Number
Attachment I
Federal Funding Accountability and Transparency Act
Instructions and Worksheet
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
federal awards (federal assistance and expenditures) be made available to the public via a single,
searchable website, which is
The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management ("FDEM" or "Division") must use to capture and report sub -award and executive
compensation data regarding first-tier sub -awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5).
Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below
should be filled out, signed, and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub -
award (Agreement) that obligates $25,000 or more in federal funds as described above. Please
provide the following information and return the signed form to the Division as requested.
PROJECT #: 4283-47-R
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $ 159,815.00
OBLIGATION/ACTION DATE: March 5, 2018
SUBAWARD DATE (if applicable):
DUNS#: 556548196
DUNS# +4:
50
*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at86O'7O5'5711oruse the web form /ht'p:8hadgovThe process io
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME:
DBA NAME (IF ApPUCABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
I.,"$ 1110W&INIOWS
ADDRESS LINE 3:
CITY
PARENT COMPANY DUNS# (if applicable):
STATE ZIPCDDE+4^
CATALOG OFFEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT (Up to 4000 Characters)
AaaHazard Mitigation Grant Program project, the Sub -Recipient proposes to retrofit Sanford Fire Station
#32.located ad3OOEast Airport Boulevard, Sanford, Florida 32773(28.7684O4.'81.277293).
The Scope of Work mitigation activities include reinforcing the main portal framas, reinforce base plates
at two no(urnns, reinforcing all noofz-pur|ins and upgrade existing cable cross -bracing at the roof. Also,
the overhead service doors will be replaced and all existing window openings will be protected with new
impact resistant windows. As deemed necessary, wind protection will be provided on any other opening
such as vents, |ouvers, and exhaust fans. All installations will be in strict compliance with the Florida
Building Code or Miami Dade Specifications and all materials will be certified to meet wind and impact
standards. The local municipal orcounty building department will inspect and certify installation according
hmthe manufacture specification.
The project shall provide protection against a 140-K8PH winds or the wind speed protection and impact
requirements indicated by the effective Florida Building Code at the time permits are issued.
Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction ofnew or
retrofitted window ordoor coverings must conform to design drawings that are signed, seo(ed, and
inspected by a structural engineer who is registered in this state. The Recipient shall provide an
inspection report and attestation or a copy of the signed and sealed plans to the Division before final
payment will bemade.
Verify the approved project above, if there is any discrepancy, please contact the project
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY
STATE ZIPCODE+4°
RE
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
"Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
1. In your business or organization's previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to
the Transparency Act, as defined at 2 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 ❑ Non
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 hftp//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.)
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
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 1238), 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.
52
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion
Rank
(Highest to
Lowest)
Name
(Last, First, MI
Title
Total Compensation
for Most Recently
Completed Fiscal Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DA
PROVIDED HEREIN IS ACCURATE. 1/1
SIGNATURE:
NAME AND TITLE:
DATE: l 'J
53
WRITTEN BELOW, THE
Attachment J
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix UtV2Cf.R. Part 200. |tiethe responsibility ofthe sub -recipient toinclude the required
provisions. The Division provides the following list of sample provisions that may be required:
54
5
,0TiTtF3[e3r.=-
i D) Da Is -flacon Act. aamonde,,l (10 V.S.C.
3141-13118). When required by Federal praitarn
le!,nslatiom all prinics construc*11on contracts;
in exa.es a of 52.000 awarded by non-F�k do nil
intitic, must, Include a provIAon for compll-
tr.
, ce with tbo Davis -Bacon Ai.;t c44 U.S.C.
1141-3144. and 3146-3118i as '.-.',uppIcment'0,'I by
Department of Labor reaulatlons t219 CFI1
Parr, zi. -Labor Standards, Provisions A pIt-
,,ablA to Conracts Coverlint Pi',derall.v Pl-
nanced and As.slsted Conitruction-1. In ac-
cordancii with ill(' SUtttltPOntr3iAO1s, Must
l required -,o pay wazcs to laborers and in,,-
chanics at a raL,, not le;•s than the prevallititz
wa-,rt,s, in a wat,,* dotcormInatlon
mado by the Sxxomnr Of Labor, In addition.
contracton.; must bo requir%A to pav watzes
rot 1,.5i than once a week. 'rb(! non -Federal
entity must, placo a copy of the currvnt, pre-
vailina waa.,o dpv�nnlnatlon 1s:suc'd by the Dm-
partm--!nt of Labor in oaoll. solleltatlon. The
dini.slon to Award a ontract or subcontract
must. txa condItIoncA upon :,he acceptance of
Elio wave det<�rrrumtt ion, The non-Pederal on-
tity must report all suspected or roport;',41
V1013tlOfls LO Lh%Federal awardir-, a_,eney.
The, contracts mu.,,:L also Include a provision
for compllanc".' wizIn the Copeland -Anti-
Kickback" Act, (10 17,S,C, 21,133, as suppi,?-
mented by Dep3rtniont of Labor ro-vulation';
t� CPR Part 3. "Contractors. and Sub-
contractors or. Public Bulldrnu or Public
Work Financed it. Whole or in Part by Loans
or Grants front the United State;"). The Act
PrOVI(106 LhAt, PavIt contractoi or .,;ub-
rocipiens niu,5,,, bi.r prohibited from tndu--',n,-,.
1:s; an.- means, anv Dol,;on empjoved ur the
conz-,trucilon, complonon. or repair of 1,ulbil,:
work. to -,v;v up anv part of the z'on*.V,,nsa-
Lion to wh!,:h hol'shr> ',oniltlf,rtl,
The 110.14-Foderal olvllt.v mum, report all cus-
poet,,,d Or report:kl Mladorl.,s to the: Fed,,ra'l
a,war(lmt :wency.
(H) ConiraA Work llour:t and Safety
andavis Act A0 U.S.C. 3701-3709), Where
app
llcablo. all conzracis awarded by the. nor,
Federal entluy in oxce.ss Of S100030 dhat, ir-
volve the emplQvnionL of ntochartQ,.i or labor -
ors must, include a pr"LIon for compliance
with 40 U.S.0Vr- ainl 3701, as supplenienuo'd
b,v Dopartment of Labor re,-,irlatiolrb (2f) CFR
Part 5Y. Under 40 U.S.C, 3702 of the Act. each
contractor must be requirad to compurxy tho
wanes Of Pvp.r-; and Illor,,r or the
].,as,i�s of a -,uandayd work week of 40 hours,
Work it., excess; of the standarxl work week IF
pormlsslblo provided that the worker 1:3 com-
N,risat,ed ar, a rate Of not than one and a
half times the basic rato of pay for ail hour.;
worked in vxces.-'� of 10 Low-, in that work
week. The roquircinenu,, of 40 U.S.C. 3701 are
applicabi
.3 to con6tructlon work and provide
that, no laborer or mechanic mu,.;r, be re-
quIr*d to work In surroundin-vs or under
worktrz condlilon, which are unsanitary.
hazardous or 4anaerous. nosa requirpmomts
do not apply to tho purcba.se,,, of supplies or
55
Pt. 200, App. 11
mai;,ria.hs or articies ordinarily ivallable, an
tho open market. or contracts for, transpor-
UltIUT'. or tzar smis-mon of intPHI,,z0nco.
41} Riulits to Inventions Made Under a,
Contract or Avrooment. If the F-od;iral award
meats the deflniLlon of "funding, aanvInant"
under 37 CPR §101,2 (a) and the rcelpiont, or
z-,Ltbree„Iplent wlshes to enter Into a contract
with a small business firm or nonprol'It orva-
ni7a"on v,-,ardlrn, the of par-
tiesxssarnment, or performarce of experi-
mental. developmental. or research work
under that, "funding aLrennin nt.” the rpelpl-
ent or !,uhreclpliirft ntust. COnInly With the re-
,julroniont,; of',17 CFI[ Part, 401. "RitiliUs. L4) In-
vert,tons Made by Nonprofit. Or,_,anlza Lions
and Small Btnllm,,s Fir-nis Under GoveVn-
rnent Cranes, Contracus and Cooperativo
Aav,emenus.- and any lmpklm4�,-ntlng, votrula-
tions bv The iwardina
10) Clean Ali, Act (12 1 ' ',S.C. and
th-,,�, FP,,IPr.,Q Slater Pollution Control Au: (Tl
U.SC. 1397 i. as amended - Contrwis and
--,ublzranis Of amounts, in excc-;5 of
MUSt. contain is provl.,4on that requires the
nont,doral award to aurias., to eompl.v with
all applicable :standard:. orcb Is or regula-
tion s ls,r;ued pursuant to the Clean Ali, Act
12 U.S.C, -.101if)-flqi ?nd they Veda ral Water
Pollmlon Control Ac', AS 3m.,ended f33 U.S.C.
1251,138; i. Violations must be reported to the.
Federal awardlm-- avency and the Re, -'local
Office o-- the FrivIronmon.31 Protection
A,,loncy i RPA).
(11) Mandatory standards and policles re-
13tinL, to -,mortry efficiency which are+ con-
talne4 In the sltat,:� e.-nenzy consev;ailon plan
nesu;z,A in compliance with ae Knerz:; Policy
and Cr n:,ervatlor Act f!2 U.S.C.
(L Do,arniert al,,l Supon,.,Ion
Orders 12519 ar,I 12680} A contract award
E.;eo 2 CPR, 90.22r)) must not be ntakle to
wes lls,.ed on tho zovernmontwide Kxcludv4
Paztv,.,; Ln;t Svsttrn in the Systern for Award
MaTiatrem-ont, tSAM, In accordance 44th the
OMB 'rullolltroa,, at 2 CPR IN that, Implement
Ilxeclilw' ordors 1-1549 tl CPI1 part l5a6
Comp., p. 1241 and I:, 09 i3 CPR Part 1999
Comp.. p. -D,,bartnerm and Sm;pPr",,lon."'
The Excluded Parties List System in SAM
conta*m.s the name, of parties debarred, sus-
pendett or otherwise excluded by arrencles. as
wall as parties declared Ineligible under stat-
utory or re+lulatory authority otbot than Etc-
ecutive, Ordor 1z, -.A9.
(J; B,,,Td Aritt-Lobb vin,_Y Arnondnient, t21
U.S'C. 1252?- -Contractors, that apply or bid
for :an award of V)0,000 or more must. file the
requit,ed it fleat ton. Each ,ler certifies to
the ,let above, that It will not, and ha.s no*.
used Federal approprlaud funds to pay any
person or orLanlzitlorl for Influencin-, or at-
temptin-, to lnfftronc,a an Officer or omplovoe
of any azency, a member of Coraross. Officer
or employe.? of Congxresi. or an employee Of is
member Of Cor Pour in connoction with ob-
tainin;, any Federal cortract. Brant or any
195
Pt. 200, App. III
other award covorod by 31 U.S.C:. 12552, Elach
tater must also any lobbyina with
r.on_P�Aeval funds that takcs places in cor.-
nection with obtainina any Pe&ral award,
S=b di,/Josurss, are forwarded from tier to
LlPr up to tlha non -Fad -sial awatd,
{Kj Sim §260=9 Procureurwnt of rocovsrod
mm erl a Is.
Am,F.%mx III To PART 200--ANDIRECT
tl,'&A� ICOSS IDFNTIF:CAT.*O% AND
Assi(INMLYV. AND RAT% DI'MERMIN-A-
TION FOR INSTITU�rMNS or HiGinnn
1�'D U CATI 0 N i I H Fs i
A, GV4NVRAL
This appendix provides c1r1,,,,,r1a for f4entl-
f,vin2 and, computlmv indirect, for lndirk,sJ,,
iP&A),,i rau?s at IIII-Is Ons-1,ullon;). Indlr�,,,A
tP&A) cot.its, ar,, Lho;;v ttat aria IncurmA for
common or joint objetiv,,.,; and zhkr,4br,,
cannot bn ldomn lflpd readily and sDiMflcall,;
with a particular s1x)nsore,I pros cxt, an it.-
suru,,Alonal activltv. or ary other tr.,Aitu-
tional activity. So-? BA. Defiril-
tion of Fa+:!Ittta,.i and Admini!;traLlon. for a
disettssion of the .,omponents of indirect
� P&A i ccsts.
L Mi#Or FU?Wiltojs G(ali InsfifuMn
Ro,'er,; to im�,rucUon. onzantz--A
other sponsored act1*0t3os anal other 1n,,t1tu_
Uonal activltlos as Jeflncd 2n :hl s s(,ctton:
a�
. Insfrucaon rnv,,.n thn and
Lrmnini: of an Rx,-olm
for re,,;carch t.ralntni ,is piovidod in sub-
,;octlon b. this torn,d
a ar
tra,ininz activities. whether z2lv)y are off-.-.,r=)d
for Qu:*dits wwaixt a doaret or cn-tiftcauj or
on a ror-crcdit and whotbf.>r tbf.' 'y are
offered throuzh r,,,�rular acadomic depart -
menu or svparata dtv!.��Ioni. ,uch a, a sum-
mer ~'school division or an t?xL-,_,ns1or. dtvision.
Also (:onsldprv)d part, of this; n.Laiot function
aro departmental and, wheria
:v_,rve,d to. university research.
0) apo Bored ;nsiruc!von and fro.,ninu ms ans
specific lns'trut:tlonal or" LralringactIvItv as-
tablisbc,'I by zrant,. contract. or cooperative?
a4rrvement. For purposos, of 09 cost pj,lt,.,-
CIPIPS, this, activity may be considered a
major function even thati;,,h it, insiturion's
treatm,,,nz. ,
may mclud,,i it in
Instruction function,
{2) Deparmwidot research mcam" ms,,?ajch-
development and scholarly activities that
#re not arzanized anil. coo,
s-equently, are not separatab., buduotod and
account.,
d for. DepartniLntal research. for
puiW.,*,(,.n of this doc-ump.m. Is not, consIdprcA
as a vajor function- 1.*,uL, as a part, of the in-
struction function of the in..,.tiution.
b. Organl,:r:4 research moarts, all research
and devoloprmont, activities of an Institution
that, Are soparatol.v buslzpt,od avl accountil
for. It includes:
6101
2 CFR Ch. 11 (1-1-14 Edition)
ill Speusored rowarch imnans all research
and dovelopmQnt activitle.,, that, aro, spon-
a>orod by Fcidital and non-Fpdral at,,,noc,,,;
and or,_,antzation.s. Tai,, tirm inchides act,1v!-
ties InvolvitiL, the trainin,_, of individuaL, in
rp,searcb tochniques (commonly called re-
,,o,,trch traInImt) whore such utilm�
t,ho ,,irno fa,,A11ttO.1, as Other ro�4:)arch and de-
volopment activloes, and where nuA.
tics are not, included in the Instruction func-
t.lon.
t2L:"1t-erxvv res,.urch moan., ait rosiT:krch
::and JkIV63P.Meur, a'A1V1t1P`1 that are
rauAy budzeted and accountp, I for be the* in-
_Ivition tir&,r an lnt,,nal application of in -
funds. Univvi,stty i�anarch_ foi-
purposos of this document,. must, N., com-
bined with SponSotod research taidor the
funci.ion of or,_,aniz.e,A rcsparch.
c. Cpher sponsored acavi ne�s means procrams
and projects financed b.v Fekloral aral non-
Fod-,ral a,,;orclis and or-aanizations wht,:h in-
volve "hiPorformtnco oz"wort: other thar, In-
struction and orzwnizeJ r.,xsearch. Examples
a' such rrozrams; atid proj-?(.,,*... arc, health
rwtce proyncl,,- zmd community, service pro-
s,ranis.. when anv of the.se, activtt,ie.,,t
aro undertak-,?n tyy thea lmstltutton without
'inside support. the, may be, classtfikd ae,
,)tIbc,rins:Itutional activ,,ties.
d. Other rrlxeuraricrnai artftgites meant; all ac -
of ar. Inst,ittrAon oxceft, for instruc-
tion. dvnartrn,ntal rl-,k3rch, arza,rilzcd re-
,
mrch. and :)*Ihor sponsor(A a,:,Av1L!ks,des sIe
fin -2,1 in -,hi.,.; ,octtcn: i*P&A.i :oSt, ,IL:-
tivitit"S Ider.tified in this, Appcndix para-
sraVh H. Ider.tificatior and of in-
dirc,et, tP&A) cos',;: and sp4,clah7od sear lcna
facilines in §2fg).168 Sp;,claltypd
scrvlf_,, fAc!Ltles of this Part.
Kxampks of Other Instrit-utioruiJ "wtivutips
tricludo operation of bills, dlrar.L,
halls. hospit.ah; and, cbnlc:s, student, union:).
Inun-collaL,late m,bleucs, bookstorim. faculty
bousm_,. student aramnwnts, ;iuost houses.
chap, h;. thoators. public musoums. and other
similar auxiliary enterprisos. This do.finition
also Includes ; any ozhor cat;7!,zoricis of activi-
ties. cost:; of which aro -unallowablo" to
Federal awards, unles,.a otherwi.se, inch at.€1
in an award,
7. Cr:ienla for DistnbuNon
a. Base j;,-
-rlod. A bo,sP, p,)ricel for d1stribu-
tion cF Inthrecu fF&Ai costs Is the j�riod
Jurin-, which thP costs .are tnjurred. Th,
bass period normally should coinct(h, with
010 fiscal year cstablishod by the Institution.
Taut, in any ovont. QA, tvtso poriod should be so
sazl'eted as to avoid Inequit,les in t'llo dis-
tribution of cost—
b. Need for cost qrouvinus, The ov_arall ob-
jo,-,tiv,2 of the IndircQt W&A. cost allovation
process Is P,) chstrlbuW the lndlre�t (P&Ai
costs 4eacrtbed It, Socnon 13, Identification
and 3_-.si,.,nnwnt of Ind1rc+ref iF&Acosts. to
196