Additional Agenda Items - December 17,2024 1. Approval to Renew Interlocal Agreement for one year with the City of Live Oak and Town of Branford providing a distribution formula for Local Option Gas Tax. 2. Approval of ARPA Federally Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management in the amount of$1,500,000 for the new generator project at Springcrest Elementary School and the Special 3. Approval of Federally Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management, to receive reimbursements for Needs Shelter. damages caused by Hurricane Debby DR4806. SUWANNEE COUNTY Administration Executive Summary Objective: Approval to Renew Interlocal Agreement for one year with the City of Live Oak and Town of Branford providing a distribution formula for Local Option Gas Tax. Considerations: The current interlocal agreement expires December 31, 2024. The distribution formula will be based on existing percentages for one year. Renewing the agreement for one year with the current distribution percentages will allow the County, the City of Live Oak, and the Town of Branford time to collect and analyze updated transportation expenditure data. This ensures accurate and equitable distribution of local option gas tax funds between Suwannee County, the City of Live Oak, and the Town of Branford. Budget Impact: N/A Recommendation: Staff respectfully requests the Suwannee County Board of County Commissioners to approve the renewal of Renew Interlocal Agreement for one year with the City of Live Oak and Town of Branford providing a distribution formula for Local Option Gas Tax. Respectfully submitted, Greg Scott, County Administrator Dated: December 17, 2024 RENEWED INTERLOCALALAGREEMENTBETWEEN BOARDOFCOUNTYCOMMISSIONERS OFSUWANNEE COUNTY, CITY OFLIVE OAK, AND TOWN OF BRANFORD PROVIDING Al DISTRIBUTIONFORMULA FORLOCALOPTION. GASTAX THIS INTERLOCALAGREEMENT is made by the BOARD OF COUNTY COMMISSIONERS OF SUWANNEE COUNTY, FLORIDA, hereinafter: referred to as the "County", the CITY OF LIVE OAK, FLORIDA, hereinafter referred to as the "City", and the TOWN OF BRANFORD, FLORIDA, hereinafter referred to as "Town". WHEREAS, Suwannee County has heretofore levied local option gas taxes pursuant toi the provisions of Section 336.025, Florida Statutes, and other applicable law: and WHEREAS, the County has levied a separate Three Cents ($.03) local option gas tax which will be effective from September 1, 2014 through December 31, 2039; and WHEREAS, subsection 336.025 (3)(a), Florida Statutes, requires that the County and the municipalities located therein enter into an interlocal agreement providing a distribution formula for dividing the entire proceeds of the local option gas tax among the County, City and' Town; and WHEREAS, In Suwannee County Agreement 2014-63, the County, City and Town agreed to a distribution percentage based upon the then existing transportation expenditures; and 2024;and WHEREAS, Suwannee County Agreement 2014-63 expires on December 31, WHEREAS, the County, City and Town desire to continue to cooperate and WHEREAS, relative transportation expenditures have not been examined since WHEREAS, a longer term agreement amongst the County, City and Town WHEREAS, a one year extension of the distribution formula will allow the County, Cityand Town to get recent data regarding relative transportation expenditures. share the gas tax funds; and 2014;and should bel based upon up-to-date expenditures; and NOW, THEREFORE, inconsideration of the agreements herein contained, County, City and' Town dol hereby agree, each with the other, as follows: 1. All proceeds derived from the local option gas taxes imposed by Suwannee County Ordinance 2014-03 imposing the term of the local option gas tax, shall be distributed by the Florida Department of Revenue according to the following distributionformula: SUWANNEE COUNTY CITY OFLIVEC OAK TOWN OF BRANFORD 85.911% 13.089% 1.000% 2. The distribution formula provided herein shall be effective from January 3. This interlocal agreement is executed in three (3) counterparts, each of 4. In the event aj party is unable to execute this Agreement by. January 1, 2025, the parties agree to accept as valid the execution of the Agreement by all parties effective nunc pro tunc to January 1, 2025. All parties shall execute this agreement no later than 1,2025through December 31, 2025. which shall be deemed an original for all purposes. January 31, 2025. 5. This Agreement and all subsequent amendments thereto shall be: filed by the County with the Clerk of the Circuit Court of Suwannee County, Florida upon its execution by all parties hereto. (REMAINDER OFI PAGERESERVED) IN WITNESS WHEREOF, this agreement has been signed by the authorized representatives of the parties and shall be effective upon execution. DATE: SUWANNEE COUNTY BOARD OF COUNTYCOMMISSIONERS Attest: Clerk Hon. Travis Land Chairman DATE: CITY OFLIVE OAK Hon. Frank Davis Mayor Hon. Matt Campbell City Council President TOWN OF BRANFORD DATE: Hon. Ken Saunders Mayor Hon. Jay Hatch Town Council President Suwannee County Sheriff's Office SHERIFF SAM STJOHN December 16, 2024 Mandy, lam requesting a signature for the agreement with the State Division of Emergency Management regarding the funding agreement for the new generator project at Springcrest Elementary School and our special needs shelter. This project is moving forward and needs final sign off from Board Chair Travis Land. This project originated out of the funding for Hurricane Idalia. Thanks, TRce Lt. Chris Volz, Director Criminal Division: 1902 Duval St NE. Live Oak, FL3 32064 e (386)362-2222 Main Line . (386)364-7672 Fax Finance & Civil: 200 S Ohio/MLK Ave. Suite 105, Live Oak, FL 32064 e (386)208-1575 Main Line e (386)364-1953 Fax SheriffaSuwanneeSherif.com "HOME OF THE. FLORIDA SHERIFFBOY'S RANCH" Agreement Number: T0408 ARPA FEDERALLYFUNDED SUBAWARD AND GRANT AGREEMENT 2C.F.R. $200.92 states that a "subaward may be provided through any form of legal agreement, including an As defined by 2C.F.R. $200.74, pass-through entity" means "a non-Federal entity that provides a subaward to a As defined by 2 C.F.R. $200.93, "Sub-Recipient means "a non-Federal entity that receives a subaward from a As defined by 2C.F.R. $200.38, "Federal award" means "Federal financial assistance that a non-Federal entity As defined by 2C.F.R. $200.92, "subaward" means' "ana award provided bya aj pass-throught entity toas Sub-Recipient agreement that the pass-through entity considers a contract." Sub-Recipient to carry out part ofal Federal program." pass-through entity to carry out part ofal Federal program." receives directly from a Federal awarding agency ori indirectly from a pass-through entity." for the Sub-Recipient to carry out part ofal Federal award received by the pass-through entity." The following information is provided pursuant to 2C.F.R. $200.331(a)(1): Sub-Recipient's Name: Sub-Recipient's Unique Entity Identifier: Sub-Recipients Federal Employer Identification Number (FEIN): Federal Award Identification Number (FAIN): Subaward Period of Performance Start and End Date: Subaward Budget Period 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 toi 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): County of Suwannee X5JKGZD8PRK4 596000873 SLFRP0125 May 18, 2021 07/1/2024 to 12/31/2026 07/1/2024 to 12/31/2026 $1,500,000 $1,500,000 $1,500,000 Federal Award Date: The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act, delivers $350 billion to state, territorial, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. Name of Federal awarding agency: Name ofp pass-through entity: Contact information for thep pass-through entity: Assistance Listing Number and Title: Whether the awardi is R&D: Indirect costr ratei for the Federal award: U.S. Department of1 Treasury FL Div. of Emergency Management Listedi in (3) CONTACT 21.027 Coronavirus State and Local Fiscal Recovery Funds No Der minimus rate, oraF Federally approved rate. 2 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as "FDEM"), and Suwannee County Board of Commissioners (hereinafter referredi oasthe"Sub-Recplent or "Recipient'). Fori the purposes of this Agreement, FDEM serves as the pass-through entity for a Federal award, THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that iti is fully qualified and eligible to receive these grant funds B. The State of Florida has received these grant funds from the Federal Government, and FDEM has the authority to subgrant these funds to the Sub-Recipient upon the Terms and Conditions outlined and the Sub-Recipient serves as the Recipient of as subaward. top provide the services identified herein; below; and C. FDEM has statutory authority to disburse the funds under this Agreement. THEREFORE, FDEM and the Sub-Recipient agree tot the following: (1) APPLICATION OF STATE LAWTO THIS AGREEMENT 2C.F.R. $200.302 provides: "Each state must expend and account for the Federal award ina 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 withi federal or state assistance", applies to this Agreement. (2) LAWS.RULES.REGULATIONSANSANDPOLICIES 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. Asr required by section 215.971(1), Florida Statutes, this Agreement includes: Aprovision specifying a Scope of Work that clearly establishes the tasks that ii. Ap provision dividing the agreement into quantifiable units of deliverables that the Sub-Recipient is required to perform. must be received and accepted in writing by FDEM 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. ii. A provision specifying the financial consequences that apply if the Sub- iv. A provision specifying that the Sub-Recipient may expend funds only for V. Ap provision specifying that any balance of unobligated funds which has been Recipient fails to perform the minimum level ofs service required by the agreement. allowable costs resulting from obligations incurred during the specified agreement period. advanced or paid must ber refunded to FDEM. 3 vi. A provision specifying that any funds paid in excess of the amount to which Ina addition to the foregoing, the Sub-Recipient and FDEM shall be governed by all the Sub-Recipient is entitled under the Terms and Conditions oft the agreement must be refunded to FDEM. 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. Inaccordance with section 215.971(2), Florida Statutes, FDEM's Grant Manager shall be responsible for enforcing performance of this Agreement's Terms and Conditions and shall serve as FDEM's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for FDEM: shall: i. Monitor and document Sub-Recipient performance; and ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. FDEM's Grant Manager for this Agreement is: Gillian Smith 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-273-2375 Email: Gillian. Smin@em.mylendacon The name and address of thel Representative of the Sub-Recipient responsible for the administration of this Agreement is: Name: Title: Address: City, State, Zip: Telephone: Email: d. Int 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) TERMSAND CONDITIONS (5) EXECUTION be taken as an original. (6) MODIFICATION This Agreement contains all the Terms and Conditions agreed upon by the parties. This Agreement may be executed in any number of counterparts, any one of which may Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK Scope of Work of this Agreement. (8) PERIOD OF AGREEMENT The Sub-Recipient shall perform the work in accordance with Attachment A Budget and This Agreement shall begin on October 1, 2024, and shall end on December 31, 2026, unless terminated earlier in accordance with the provisions of Paragraph (18) of this Agreement. FDEM and Sub-Recipient may mutually agree to renew this Agreement for a period that may not exceed one (1) year or the term of this Agreement. Any extension may specify additional subaward amount in the modification agreement. Additionally, any extension must be in writing and signed by FDEM Director or designee and the Authorized Representative for the Sub-Recipient; is contingent upon the satisfactory completion and performance oft tasks and deliverables from the previous year; and is subject to availability of funds. Consistent with the definition of "Period of Performance contained in 2 C.F.R. $200.77, the term "Period of Agreement" refers to thet time during which the Sub-Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2C.F.R. $200.309, the Sub-Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the Period of Performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the Period of Agreement. (9) FUNDING a. Tisisacos-embunsement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A oft this Agreement ("Budget"). The maximum reimbursement amount with either chapter 216, Florida Statutes, or the Florida Constitution. FDEM will reimburse the Sub-Recipient only for allowable costs incurred by the Sub- for the entirety of this Agreement is $1,500,000.00. 5 d. As required by 2C.F.R. $200.415(a), any request for payment under this Agreement musti include ac certification, signed by an official whoi is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, Icertify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the Terms and Conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, $1001 provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly and' Title 31, $$3729-3730and 3801-3812)." e. FDEM will review any request for reimbursement by comparing the documentation delineates: i. The required minimum acceptable level of service to be performed; and The criteria for evaluating the successful completion of each deliverable. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a" performance goal", which is defined in 2C.F.R. $200.76a as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. $200.301, that FDEM and the Sub-Recipient "relate financial data to performance accomplishments oft the Federal award." g. Ifauthorized by the Federal Awarding Agency, then FDEM will reimburse the Sub- Recipient for overtime expenses in accordance with 2 C.F.R. $200.430 Compensaton-persona services") and 2 C.F.R. $200.431 Compensation-fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure oft the employer to provide sufficient work, or other similar cause (see 29 U.S.C. $207(e)(2)), then FDEM will treat the expense as a fringe benefit. 2 C.F.R. $200.431(a) defines fringe benefits as alowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient employee agreement, or an established policy oft the Sub-Recipient. 2 C.F.R. $200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal ii. The accounting basis (cash or accrual) selected for costing each type of leave awards; and, is consistently followed by the non-Federal entity or specified grouping ofe employees. 6 h. Ifauthorized by the Federal Awarding Agency, then FDEM will reimburse the Sub- Recipient for travel expenses in accordance with 2 C.F.R. $200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. Ifthe Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in subsection 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the ii. Participation of thei individual in the travel is necessary to the Federal award. FDEM's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the Grant Agreement Period and produce a Final Reconciliation Report. The Final Report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. As defined by 2 C.F.R. $200.53, the term "improper payment" means or includes: Any payment that should not have been made ort that was made in ani incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a legally applicable requirements; and ii. Any payment to an ineligible party, any payment for an ineligible good or payment was proper. (10)! RECORDS a. As required by 2 C.F.R. $200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and FDEM, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipients personnel for the purpose of interview and discussion related to such documents. Finally, the right ofa access is not limited tot the required State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. $200.331(a)(5), FDEM, the Chief Inspector General of the interview and discussion related to such documents. 7 C. As required by Florida Department of State's record retention requirements (chapter 119, Florida Statutes) and by 2C.F.R. $200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the Terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period off five (5) years from the date ofs submission of thet final expenditure report. Thei following are the only exceptions to the five (5) year requirement: year period, then the records must be retained until all litigation, claims, or audit findings involving the Agency, cognizant agency for audit, oversight agency fora audit, cognizant agency for indirect costs, or pass- Ifany litigation, claim, or audit is started before the expiration of the five (5) records havel been resolved and final action taken. through entity to extend the retention period. retained for five (5): years after final disposition. ii. When FDEM ort the Sub-Recipient is notifiedi iny writing! byt thel Federal Awarding iii. Records for real property and equipment acquired with Federal funds must be iv. When records are transferred to or maintained by the Federal Awarding V. Records for program income transactions after the Period of Performance. In Agency or pass-through entity, thet five (5) year retention requirement is not applicablet tot the Sub-Recipient. some cases, Recipients must report program income after the Period of Performance. Where there is such ar requirement, the retention period for the records pertaining to the earning of the program income starts from the end oft 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 aj particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). transfer of certain records to its custody from FDEM or the Sub-Recipient when it determines that the d. Ina accordance with 2 C.F.R. $200.334, the Federal awarding agency must request records possess long-term retention value. e. Ina accordance with 2 C.F.R. $200.335, FDEM must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then FDEM must not require more than an original and two (2) 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 tos safeguard protected personally identifiable information and other information the Federal awarding agency or FDEM designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. safeguards against alteration, and remain readable. f. As required by 2C.F.R. $200.303, the Sub-Recipient shall take reasonable measures 8 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 (3) basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to ap private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, ifa volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon thet funds provided under this Agreement, the meetings of the Sub-Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records oft the State and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a government agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, ina at form sufficient to determine compliance with the requirements and objectives of Attachment A Budget and Scope of Work, and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTYTOPROVIDE PUBLIC RECORDS RELATINGTO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all 9 AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS 200, Subpart F. a. The Sub-Recipient shall comply with the audit requirements contained in 2C.F.R. Part b. Ina accounting for the receipt and expenditure of funds under this Agreement, the Sub- Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As deinedby2CFR.S,0049. GAAP "has the meaning specified in accounting standards issued by the Government Accounting FDEM shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2C.F.R. $200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General oft the United States, which are applicable toi financial audits." accordance witht the Conditions oft this Agreement, the Sub-Recipient shalll be! held liablet for reimbursement to FDEM of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after FDEM has notified the Sub-Recipient of such non-compliance. 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 FDEM no later than nine (9) months from the end Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." When conducting an audit of the Sub-Recipient's performance under this Agreement, d. If an audit shows that all or any portion of the funds disbursed were not spent in e. The Sub-Recipient shall have all audits completed by an independent auditor, which is oft the Sub-Recipients fiscal year. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2C.F.R. Part 200, by or on behalf of the Sub-Recipient, to FDEM ati thef following address: DEMSingleAudit@em.mylonda.com Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 OR g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC h. The Sub-Recipient shall send any management letter issued by the auditor to FDEM to the Federal Audit Clearinghouse by submission online at: whanssirsemsasaiaenes.hel at thet following address: DEMSingleAudi@em.-mylonda.com Office oft the Inspector General OR 10 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12). REPORTS a. Consistent with 2 C.F.R. $200.328, the Sub-Recipient shall provide FDEM with Quarterly Reports and a Close-Out Report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by FDEM. Quarter of the program year and shall be sent each Quarter until submission of the administrative Close- Out Report. The ending dates for each Quarter of the program year are December 31, March 31, June 30 b. Quarterly Reports are due to FDEM no later than thirty (30) days after the end of each and September 30. The Close-Out Report is due sixty (60) days after termination of this Agreement or sixty d. Ifall required reports and copies are not sent to FDEM or are not completed in a (60) days after completion oft the activities contained ini this Agreement, whichever first occurs. manner acceptable to FDEM, then FDEM may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to FDEM" 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 f. The Sub-Recipient shall provide additional reports and information identified in a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that be required by FDEM. Attachment A. (13). MONITORING ofi its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement and reported in the Quarterly Report. b. Inaddition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits and desktop reviews by FDEM staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring proceduresprocesses deemed appropriate by FDEM. In the event that FDEM determines that a limited scope audit of the Sub-Recipient isa appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by FDEM to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer orA Auditor General. In addition, FDEM will monitor the performance and financial management by the Sub- Recipient throughout the contract term to ensure timely completion of all tasks. 11 (14)! LIABILITY a. Unless the Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the Terms of this Agreement as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold FDEM harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against FDEM, and agrees to be liable for any damages proximately caused by the acts or omissions tot the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub- Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any employee or agent of FDEM but is an independent contractor. b. Asr required by section 768.28(19), Florida Statutes, any Sub-Recipient whichi is a State contract. (15)! DEFAULT Ifany of thet following events occur ("Events of Default"), all obligations on the part of FDEM to make further payment of funds shall terminate and FDEM has the option to exercise any ofi its remedies set forth in Paragraph (17); however, FDEM may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liablet to make any further previous agreement with FDEM is or becomes false or misleading in any respect, or if the Sub-Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with FDEM and has not cured them in timely fashion, or is unable or unwilling to meet its time during thei term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any (30) days from the date written notice is sent by FDEM; Any deliverables required by this Agreement have not been submitted to FDEM or d. The Sub-Recipient has failed to perform and complete on any of its obligations under have been submitted with incorrect, incomplete or insufficient information; or this Agreement on time (16). REMEDIES Ifthe Subrecipient does not submit any deliverables required by this Agreement to FDEM by the deliverable's due date, or submits deliverables incorrectly to FDEM by the deliverable's due date, then FDEM may not pay any invoices or requests for payment relating to these deliverables, or may issue partial 12 payments. If any other Event of Default occurs then FDEM shall, after thirty (30) calendar days written notice to the Sub-Recipient and upon the Sub-Recipients failure to cure within those thirty (30) days, exercise any one (1) or more oft thet following remedies, either concurrently or consecutively: days prior written notice of the termination. The notice shall be effective when plaçed ini the United States First Class Mailo, with Certified Mailo Return Receipt Requested, to the address in Paragraph (3) herein; a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty (30) b. Begin an appropriate legal or equitable action to enforce performance of this Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to FDEM any monies used for ineligible e. Exercise any corrective or remedial actions to include but not be limited to: Agreement; purposes under the laws, rules and regulations governing the use of these funds; Request additional information from the Sub-Recipient to determine the ii. Issue av written warning to advise that more serious measures may be taken if ii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring iv. Require the Sub-Recipient to reimburse FDEM for the amount of costs reasons for or the extent of non-compliance or lack of performance; the situation is not corrected; costs for any activities in question; or 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 FDEM from pursuing any other remedies ini this Agreement or provided at law or in equity. If FDEM waives any right or remedy in this Agreement or fails to insist on strict performance! byt the Sub-Recipient, itv will nota affect, extend or waive any other right or remedy of FDEM, or affect thel latere exercise of the same right or remedy by FDEM for any other default by the Sub-Recipient. (17): TERMINATION a. FDEM may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform ont time, andi 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. discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty (30) calendar days prior written notice. through a written amendment of this Agreement. The amendment will state the effective date of the b. FDEM may terminate this Agreement for convenience orwheni it determines, ini its sole C. The parties may agree to terminate this Agreement for their mutual convenience termination and the procedures for proper Close-Out oft the Agreement. 13 d. Int the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations fort thet terminated portion oft the Agreement after the Sub-Recipient has received the notification oft termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice willl be disallowed. The Sub-Recipient shall not be relieved of liability tol FDEM because of any breach of Agreement by the Sub-Recipient. FDEM may, to the extent authorized byl law, withhold payments tot the Sub-Recipient fort thep purpose of set-offuntilf the exact amount of damages due FDEM from the Sub-Recipient is determined. (18)! PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, to include 2 C.F.R. $$200.318 through 200.326 as well as Appendix II to2C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. $200.318(b), the Sub-Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub-Recipient shall document, in its Quarterly Report to FDEM, the progress of any and all subcontractors performing rejection, and the basis fort the contract price." As required by 2 C.F.R. $200.318(), the Sub-Recipient shall "maintain oversight to work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. $200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. $200.320(b), if the Sub-Recipient chooses tos subcontract any oft thev work required undert this Agreement, thent the Sub-Recipient: shall forward to FDEM a copy of any solicitation (whether competitive or non-competive) at least fifteen (15) days prior to the publication or communication of the solicitation. FDEM shall review the solicitation and provide comments, ifany, tot the Sub-Recipient within seven (7) business days. Consistent with 2C.F.R. $200.324, FDEM will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. $$200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. $200.318(k), FDEM will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of FDEM in order to publish a competitive solicitation, this review may allow FDEM to identify deficiencies in the vendor requirements or in the commodity or service specifications. FDEM's review and comments shall not constitute an approval of the solicitation. Regardless of FDEM's review, the Sub-Recipient remains bound by all applicable laws, regulations, and Agreement Terms. If duringi its review FDEM identifies any deficiencies, then FDEM shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the seven (7) business day window outlined above. Ifthe Sub- 14 Recipient publishes a competitive solicitation after receiving comments from FDEM that the solicitation is deficient, then FDEM may: Paragraph (17) above; and solicitation. Terminate this Agreement in accordance with the provisions outlined in ii. Refuse to reimburse the Sub-Recipient for any costs associated with that Except for procurements by micro-purchases pursuant to 2 C.F.R. $200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. $200.320(b), if the Sub-Recipient chooses to subcontract any of thev work required under this Agreement, thent the Sub-Recipient shall forward toFDEM a copy of any contemplated contract prior to contract execution. FDEM shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within seven (7) business days. Consistent with 2 C.F.R. $200.324, FDEM will review the unexecuted contract for compliance with the procurement standards outlined in 2C.F.R. $$200.318 through 200.326 as well as Appendix II to2C.F.R. Part 200. Consistent with 2 C.F.R. $200.318(k), FDEM will not substitute its judgment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of FDEM in order to execute a subcontract, this review may allow FDEM to identify deficiencies in the Terms and Conditions of the subcontract as well as deficiencies int the procurement process that led to the subcontract. FDEM's review and comments shall not constitute an approval of the subcontract. Regardless of FDEM's review, the Sub-Recipient remains bound by all applicable laws, regulations, and Agreement Terms. If during its review FDEM identifies any deficiencies, then FDEM shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the seven (7) business day window outlined above. Ift the Sub-Recipient executes a subcontract after receiving a communication from FDEM that the subcontract is non-compliant, then FDEM may: i. Terminate this Agreement in accordance with the provisions outlined in ii. Refuse to reimburse the Sub-Recipient for any costs associated with that f. The Sub-Recipient agrees to include in the subcontract that () the subcontractor is Paragraph (17) above; and subcontract. bound by the Terms of this Agreement, () the subcontractor is bound by all applicable State and Federal laws and regulations, and (ii) the subcontractor shall hold FDEM and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. $200.318(C)1), the Sub-Recipient shall "maintain written h. As required by 2 C.F.R. $200.319(a) contractors that develop or draft specifications, standards of conduct covering conflicts of interest and governing the actions of its employees engaged in requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. The Sub-Recipient or pass-thru entity must disclose to FDEM, iny writing, the selection, award and administration of contracts." 15 any real or potential conflict of interest that may arise during the administration of the federal award, as defined by federal statutes or regulations, or their own existing policies, within five (5) days of learning of the conflict ofi interest. "Conflict of interest" is considered as any situation where an employee, officer, or agent, any members of his or heri immediate family, or his or her partner has a close personal relationship, under this Agreement "in a manner providing full and open competition." Accordingly, the Sub-Recipient business relationship, or professional relationship, with a recipient or subrecipient. - Asre reguiredby2GFR.S $200.319(a), the Sub-Recipient shall conduct any procurement shall not: business; Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; ill. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, companies; equivalent; specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement, vii. Engage in any arbitrary action during the procurement process; or ix. Allow a vendor to bid on a contract ift that bidder was involved with developing "[Ejxcept in those cases where applicable Federal statutes expressly mandate or k. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. The Sub-Recipient shall conduct any procurementinyoling: requests for proposals (i.e. ordrafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. encourage" otherwise, the Sub-Recipient, as required by 2C.F.R. $200.319(b), shall not use a geographic sealed bids) in accordance with 2 C.F.R. $200.320(c) as well as section 287.057(1)(a), Florida Statutes. competitive proposals) in accordance with 2 C.F.R. $200.320(d) as well as section 287.057(1)(b), Florida 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 preference when procuring commodities or services under this Agreement. Statutes. m. For each subcontract, the Sub-Recipient shall provide a written statement to FDEM as firms"). 16 n. FEMA has developed helpful resources for Sub-Recipients using federal grant funds forp procurements. These resources are generally available at mtps/www.emagowpiocurement-dsasier assistance-team. FEMA periodically updates this resource page sO please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub-Recipient may find these resources helpful when drafting its solicitation and contract forc compliance with thel Federal procurement: standards outlinedi in2 2C.F.R. S$200.318t through200.326: as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Sub- Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at htps/www.femagovmedia-lbary-daaa/1569959172327- 92358463€0041763945db44-0151340PPDATProcuremenicheckIsul-21-2018.pd: ii. 2019 PDAT Contract Provisions Template available at tps/www.iemagovmedi-lbap-data/156995919092- 92358463e00d1.763945db44c01518409PDAT_COntractProvisionslempate.y-30-19-pdr (19) ATTACHMENTS a. All attachments tot this Agreement are incorporated as ifs set out fully. b. Int the event of anyi inconsistencies or conflict between thel language of this Agreement and the Attachments, thel language of the Attachments shall control, but only to the extent of the conflict or inconsistency. This Agreement has the following Attachments: Exhibit 1-F Funding Sources Exhibit: 2-F Florida Single Audit Act Attachment A - Budget and Scope of Work Attachment B- Program Statutes and Regulations Attachment C- Statement of Assurances Attachment D-, Justification of Advance Payment Attachment E- Warranties and Representations Attachment G. - Mandatory Contract Provisions Attachment H- Certification Regarding Lobbying Attachment I- SFRF Contract Terms and Conditions Attachment J-F Form 1: Quarterly Report Cover Sheet Attachment F - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (20). PAYMENTS 17 a. Any advance payment under this Agreement is subject to 2C.F.R. $200.305 and, as applicable, section216.181/16),. Florida Statutes. All advances are required tol bel heldi ina an interest-Dearing account. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall bei included in this Agreement as Attachment D. Attachment D will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, ifa any, payment shall be made on a documentation for all costs of the project or services. Thet final invoice shall be submitted within thirty (30) days after the expiration date of the Agreement. An explanation of any circumstances prohibiting the submittal of quarterlyi invoices shall bes submitted tot the FDEM Grant Manager as part ofthe Sub-Recipients reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting Quarterly Reporting as referenced in Paragraph (12) oft this Agreement. C. Ifther necessary funds are not available tot fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of FDEM to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its Close-Out Report within thirty (30) days of receiving notice from FDEM. (21)! REPAYMENTS a. Allr refunds or repayments due to FDEM under this Agreement are tol ber made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee FL: 32399-2100 Cashier b. Ina accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to FDEM for collection, Sub-Recipient: shall pay FDEM 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 Agreementi is subject tot thet truth anda accuracy of all thei information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to al Division request, or in any submission or response to fulfill the requirements oft this Agreement. All of said information, representations, and materials are incorporated by reference. Thei inaccuracy oft thes submissions or any material changes shall, at the option of FDEM and with thirty (30) days' written noticet tot the Sub-Recipient, cause thet termination oft this Agreement and ther release of FDEM from all its obligations to the Sub-Recipient. 18 b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict; and shall be severable, but shall not invalidate any other provision oft this Agreement. Any power of approval or disapproval granted to FDEM under the Terms of this d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public Agreement shall survive the term oft this Agreement. Law 101-336, 42 U.S.C. $12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. Those who have been placed on the convicted vendor list following a conviction fora public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list receives funds under this Agreement from the Federal Government, certifies, to the best ofi its knowledge or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or State agency, and which and belief, that it andi its principals: Are not presently debarred, suspended, proposed for debarment, declared ii. Have not, within at five (5) year period preceding this proposal, been convicted ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; oforh had a civil judgment rendered against them for fraudoracriminal. 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; governmental entity (Federal, State or local) with commission of any offenses enumerated in Paragraph ii. Are not presently indicted or otherwise criminally or civilly charged by a iv. Have not within a five (5) year period preceding this Agreement had one or g. Ifthe Sub-Recipient is unable to certify to any of the statements in this certification, (22)f.ii.o of this certification; and more public transactions (Federal, State or local) terminated for cause or default. then the Sub-Recipient shall attach an explanation to this Agreement. 19 h. In addition, the Sub-Recipient shall send to FDEM (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment F) for each intended subcontractor which Sub-Recipient plans to fund under this Agreement. The form must be received by FDEM before the Sub-Recipient enters refuses to allow public access to all documents, papers, letters or other material subject to the provisions ofc chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. Agreement, any interest income shall either be returned to FDEM or be applied against FDEM's obligation contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions containedin8 8U.S.C. $1324ale)15274Ale) oft thel Immigration and Nationality Act( ("INA")). FDEM shall consider the employment by any contractor of unauthorized aliens a violation of $274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions contained in $274A(e) of the INA shall purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion oft thei improvements or as further required a contract with any subcontractor. FDEM reserves the right to unilaterally cancel this Agreement if the Sub-Recipient Ifthe Sub-Recipient is allowed to temporarily invest any advances of funds under this top pay the contract amount. k. The State of Florida will not intentionally award publicly-funded contracts to any be grounds for unilateral cancellation of this Agreement by FDEM. Section 287.05805, Florida Statutes, requires that any state funds provided for the by law. m. FDEM may, at its option, terminate the Agreement if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in al boycott of Israel. ensure that any iron or steel product, as defined in section 255.0993(1)D), Florida Statutes, that is permanently incorporated in the deliverable(s) resulting from this project, must be produced in the United n. If applicable, pursuant to Section 255.0993, Florida Statutes, the Recipient shall States. 0. Per 2 C.F.R. $200.111, all documents related to this grant agreement must be p. Per 2 C.F.R. $200.113, the sub-recipient of a Federal award must disclose, in a submitted in the English language. timely manner, in writing to thel Federal awarding agency or the pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. 20 q. Per2C.F.R. $200.215, Federal award sub-recipients are subject tot the regulations Per2C.F.R. $200.216, sub-recipients are prohibited from expending grant funds Per 2 C.F.R. $200.216, sub-recipients are responsible for complying with all implementing the Never Contract with the Enemy in 2C.F.R. $183. top procure, obtain, or extend, renew, or enter into a contract to obtain services or systems that uses covered requirements of the Federal award. For all Federal awards, this includes the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non-Federal entity at 2CFR parts 25 and 170. See also statutory requirements forwhistleblower protections telecommunications equipment. at 10U.S.C. 2409, 41 U.S.C. 4712, and 10U.S.C.2 2324, 41 U.S.C. 4304 and 4310. (23). LOBBYING PROHIBITION a. 2C.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 activities. appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure oft funds for the purpose of lobbying the Legislature, the judicial branch, directly ori indirectly to influence legislation or any other official action by the Floridal Legislature or any state oras state agency." C. Noi funds or other resources received from FDEM under this Agreement may be used d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his . No Federal appropriated funds have been paid or will be paid, by or on behalf agency. or her knowledge and belief: oft the Sub-Recipient, to any person fori 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 paid to any person fori influencing or attempting toi influence an officer or employee of any agency, al Member of Congress, an officer or employee of Congress, or an employee of al Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and agreement. ii. Ifa any funds other than Federal appropriated funds have been paid or will be submit Standard Form-LLL, "Disclosure of Lobbying Activities." ii. The Sub-Recipient shall require that this certification bei included in the award cooperative agreements) and that all Sub-Recipients shall certify and disclose. 21 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 this transaction imposed by $1352, Title 31, U.S. Code. Any person who fails to file the required certification shall bes subject to a civil penalty of not less than $10,000 andr not more than $100,000 fore each such failure. V. Ifthis subgrant agreement amount is $100,000 or more, the Sub-Recipient, and subcontractors, as applicable, shall sign Attachment H- Certification Regarding Lobbying. (24). COPYRIGHT,PAIENTANDTRADEMARK 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 services performed under this Agreement, ori in any way connected withi it, the Sub-Recipient shall refer the discovery or invention to FDEM for a determination whether the State of Florida will seek patent protection ini its name. Any patent rights accruing under ori in connection with the performance oft this Agreement are reserved to the State of Florida. Ifany books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify FDEM. Any copyrights accruing under ori in connection with the performance 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. FDEM shall then, under Paragraph (24) b., have the right to all patents and copyrights 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 (1) or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. FDEM shall retain a perpetual, irrevocable, fully paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted otherwise. b. Ifany discovery or invention is developed in the course of or as a result of work or under this Agreement are transferred byt the Sub-Recipient to the State of Florida. Within thirty (30) days of execution of this Agreement, the Sub-Recipient shall disclose which accrue during performance of the Agreement. d. Ifthe Sub-Recipient qualifies as a State University under Floridal law, then, pursuant to 22 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 ith has thel legal authority to receive thet funds under this Agreement and thati its governing! body has authorizedi thee execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the Terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. Ina accordance with 41 C.F.R. $60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined ini the regulations oft the Secretary ofl Labor at 41 C.F.R. Chapter 60, which is paid for in whole or inp part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan; insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited tot thet following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shallr not apply toi instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance provisions of this nondiscrimination clause. origin. 23 of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, ar notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) andt the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labori issued pursuant tos section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, thati in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the contractor's legal duty tot furnishi information. and applicants for employment. orders oft the Secretary ofLabor. compliance with such rules, regulations, and orders. Secretary ofLabor, or as otherwise provided by law. United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect toi its own employment practices wheni it participates in federally assisted construction work: Provided, that if the applicant sO participating is a State or local government, the above equal 24 opportunity clause is not applicable to any agency, instrumentality or subdivision ofs such government which does not participate in work on or under the contract. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary ofl Labor, thati ity willf furnish the administering agency and the Secretary ofl Labor suchi information as they may require fort the supervision of such compliance, andi thati itwillo otherwise assist the administering agency int the discharge oft the agency's primary responsibility for securing compliance. contract modification subject to Executive Order 11246 of September 24, 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 of the equal opportunity clause as may bei imposed upon contractors ands subcontractors by the administering agency ort the Secretary ofLabor pursuant tol Part II, Subpart D of the Executive Order. In addition, the Sub- Recipient agrees that ifitf fails or refuses to comply with these undertakings, the administering agency may take any or all oft thet following actions: cancel, terminate, or suspendi iny whole ori in part this Grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient;, and refer the case to the Department of Justice d. The Sub-Recipient further agrees that it will refrain from entering into any contract or for appropriate legal proceedings. (27): COPELAND. ANT-KICKBACKACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, itwilli incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. $874, 40 U.S.C. $3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and a clause requiring the subcontractors toi include these clausesi in anyl lower tiers subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses. ii. Breach. A breach oft the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29C.F.R. $5.12. (28). CONTRACT WORK HOURS AND SAFETY STANDARDS Ift the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract thate exceeds $100,000 andi involves the employment of mechanics or laborers, then any such contract must include ap provision for compliance with 40U.S.C. 3702 and: 3704, as supplemented by! Department ofl Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to 25 compute the wages of every mechanic and laborer ont thel basis of as standard work week oft forty (40)! hours. Worki ine excess oft thes standard work weeki is permissible provided thatt thev workeri is compensated at ar rate of not less than one and al half times thel basic rate of pay for all hours workedi in excess of forty (40) hours int the work week. The requirements of 40U.S.C. 3704: are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts fort transportation. (29): CLEANAIRACT AND THE FEDERAL WATER POLLUTION CONTROL/ ACT Ift the Sub-Recipient, with the funds authorized by this Agreement, enters a contract that Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and thel Federal Water Pollution Control Act as amended (33U.S.C. 1251- 1387), and will report violations to FEMA and the Regional Office of the exceeds $150,000, then any such contract must include thet following provision: Environmental Protection Agency (EPA). (30) SUSPENSIONANDI DEBARMENT any such contract must include the following provisions: Ift the Sub-Recipient, with thei funds authorized by this Agreement, enters a contract, then i. This contract is a covered transaction for purposes of2C.F.R. pt. 180 and 2C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at2C.F.R. $180.995), or its affiliates (defined at 2C.F.R.S $180.905) are excluded (defined at 2 C.F.R. $180.940) or disqualified (defined at 2 C.F.R. $180.935). ii. The contractor must comply with 2C.F.R. pt. 180, subpart C and 2C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters. ii. This certification is a material representation of fact relied upon by FDEM. Ifiti is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to FDEM, the Federal Government may pursue available remedies, including but not limited to suspension and/or iv. Thel bidder or proposer agrees to comply with the requirements of 2C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offeri is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. debarment. (31)! BYRD ANTI-LOBBYING AMENDMENT any such contract must include the following clause: Ift the Sub-Recipient, with thet funds authorized by this Agreement, enters a contract, then Byrd Anti-Lobbying Amendment, 31 U.S.C. $1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies tot thet tier above thati it will not 26 and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. $1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up tot the recipient. Ifthe Sub-Recipient enters into a contract with a subcontractor for an award of $100,000 orr more, the subcontractor shall sign Attachment H- Certification RegardingLobbying. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS ENTERPRISES.AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2C.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: enterprises on solicitation lists; Placing qualified small and minority businesses and women's business ii. Assuring that small and minority businesses, and women's business ii. Dividing total requirements, when economically feasible, into smaller tasks or iv. Establishing delivery schedules, where the requirement permits, which V. Using the services and assistance, as appropriate, of such organizations as vi. Requiring the prime contractor, if subcontracts are to be let, to take the b. The requirement outlined in subparagraph a. above, sometimes referred to as enterprises are: solicited whenever they are potential sources; quantities to permit maximum participation by small and minority businesses, and women's business enterprises; encourage participation by small and minority businesses, and women's business enterprises; the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and affirmative steps listed in subparagraphs i. throughv. of this paragraph. "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 Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional document the six (6) affirmative steps identified above. The "socioeconomic contracting" requirement outlines the affirmative steps that the steps to involve small and minority businesses and women's business enterprises. 27 d. Ther 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. "projects splitting"). (33) ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 28 INWITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: By: Name: Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By:. Name and Title: Kevin Guthrie, Executive Director, or lan Guidicelli as Authorized Designee Date: 29 EXHIBIT-1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Recovery Funds Federal Agency: US Department of Treasury Catalog ofFederal Domestic Assistance Title and Number:: 21.027-Coronavirus State and! Local Fiscal THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program: List applicable compliance requirements as follows: 1. 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will not bei in compliance with the Terms oft the Agreement. Sub-Recipient must comply with laws rule, or regulations that pertain to how awarded resources must be used or how eligibility determinations are made. NOTE:2C.FR. Part 200, and $ 215.97/5)(a), Florida Statutes, require that the information about Federal Programs and State Projects includedi in Exhibit 1 be provided to the Sub-Recipient. 30 Exhibit-2 Florida Single Audit Act Audit Compliance Certification DEMSingle Audi@emmyfordacom Email a copy of this form at the time of agreement submission to the Division at: Recipient: FEIN: Contact Name: Contact's Email: Sub- Recipient's Fiscal Year: Contact's Phone: 1. Did the Recipient expend the State Financial Assistance, during its fiscal year, thati it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.), between the Recipient and the Florida Division of Emergency Management (Division)? Dyes ONo If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of State financial assistance (from DIVISION and all other sources of State financial assistance combined) during its fiscal year? OYes ONo Ifyes, Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(), Florida Statutes, and the applicable rules 2. Did Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and Division? OYes ONo If the above answer is yes, answer the following before proceeding to item 2. federal awards combined) during its fiscal year? Oyes ONo of the Department of Financial Services and the Auditor General. Did Recipient exceed $750,000 or more of federal awards (from Division and all other sources of If yes, Recipient certifies that it will timely comply with all applicable single or program = specific audit requirements of title 2C.F.R. part 200, subpart F, as adopted and supplement By signing below, Icertify, on behalf of Recipient, that the above representations fori items 1 and 2 by DHS at2C.F.R. part 200. are correct. Signature of Authorized Representative Printed Name of Authorized Representative Date Title of Authorized Representative 31 Attachment A Budget and Scope of Work Budget For the described tasks and deliverables, compensation shall not exceed the total maximum amount of: Category as a shelter. TOTAL Budgeted Amount $1,500,000.00 1: Expenditures related to the purchase and installation for generator(s) capable of fully powering a school to be used $1,500,000.00 This is a reimbursement grant agreement to accomplish the scope identified in the laws, statutes, regulations, and this Agreement. It is not subject to adjustment due to the actual cost experience of the sub-recipient in the performance of the deliverables and requirements listed in the agreement. Prior to payment, tasks, deliverables, and reimbursement requests are subject to review and acceptance by Florida Division of Emergency Management. Purpose The purpose of the Generator Assistance Grant is to allocate funding to fiscally constrained counties to provide air-conditioned sheltering for their general population and special needs population during This grant agreement is al Federal pass-through grant agreement, with the Florida Division of Emergency Management being the pass-through agency and the grant recipient serving as the sub-recipient. emergency declarations. Scope The sub-recipient shall use the award amount to reimburse expenditures related to the purchase and installation of backup generator(s) for an emergency shelter located within a school building. The configuration of the generator(s) is tol be determined by the vendor and/or an electrical engineer during the bid process. The generator(s) shall bei installed with all accessories necessary fori its operation. The generator(s) and accessories shall be protected against a 500-year flood event and comply with applicable National Flood Insurance Program (NFIP) requirements. The generator(s) shall be protected againstwindwith: ai ratede enclosure and appropriate anchoring based on its location requirements per ASCE 7s standards. The selected site shall provide sufficient space to maintain and fuel the generator(s) and shall comply with National Electrical Code working clearance requirements. Activities shall be completed in strict compliance with Federal, State and Local applicable rules and Regulations. The generator(s) installation must provide power for the fuil facility, including HVAC. Sub-recipients are tol be responsible for maintenance and continued operability of the installed generator(s) and related accessories for, at minimum, the duration of the useful life of the generator(s). All activities of this grant agreement must be in compliance with 2 CFR. $200. Requirements 32 All activities oft this grant must be completed by the end of the Period of Agreement. Quarterly reports must be submitted every quarter. Any goods or services expenditures oft this grant agreement must comply with2CFR. $200.320. Any goods or services expenditures of this grant agreement which qualify as micro-purchases under 48 CFR part 2, subpart 2.1, generally under $20,000, may be purchased with informal procurement methods. Any goods or services expenditures of this grant agreement which qualify as small purchases under 48 CFR part 2, subpart2.1, generally under $250,000, must be purchased with small purchase procedures listedi in 2CFR. Indirect costs are allowable at the de minimus rate, or a Federally approved rate. Include indirect costs in All deliverables, reports, and financial activities must be submitted on-time and have correctly completed forms according to the form descriptions listed on the forms and FDEM instructions, as well as supporting documentation per the requirements of this Attachment, particularly the Deliverables section. The Sub-Recipient shall submit to FDEM an official letter stating that the project is 100% complete and The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection The Sub-Recipient shall submit ai final copy of the completed project's As-built drawings and all necessary supporting documentation, and provide a summary of all contract scope of work changes, as applicable. The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings The Sub-Recipient shall submit a certified letter of completion from Engineer of Record, as applicable. The Sub-Recipient's Engineer of Record shall provide ai formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable The Sub-Recipient shall submit all Product Specifications /D Data Sheet(s) (technical standards) satisfying All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to exceed the wind and impact standards of the current local The Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. The Sub-Recipient must notify FDEM as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower FDEM will use DEMES as its Grants Management platform for this grant. All deliverables, reports, and financial activities (reimbursement requests) must be submitted to Salesforce via FDEM's established protocols. These protocols will be sent to the sub-recipient as a Salesforce External User Guide, and $200.320.See (18) PROCUREMENT for more information. Course Management Costs and/or Project Management Costs as appropriate. ready for FDEM's Final Inspection of the project. Report and/or Final Approval, as applicable. elaborated to complete the job. codes. protection requirements on all products utilized. codes. costs or earlier completion. additional Salesforce training may be provided to the sub-recipient by FDEM. 33 Tasks and Deliverables Deliverable Due-Date Schedule Due Date Deliverables 1: Quarter 1 Report 2:C Quarter 2 Report 3: Quarter 3 Report 4: Quarter 4 Report 5:C Closeout Report Yearly on January 31 until Closeout Yearly on April 30 until Closeout Yearly on July 30 until Closeout Yearly on October 31 until Closeout February 28, 2026 Quarterly Reports are the basis for a reimbursement claim under this grant agreement. Quarterly Reports must be submitted at least once quarterly based on the Deliverable Due-Date Schedule; however multiple Quarterly Reports may be submitted per-quarter ift the sub-recipient wishes to make additional requests for Atai minimum, a Quarterly Report must contain a correct and complete Attachment J- Form 1 Quarterly Report Cover Sheet. If the sub-recipient wishes to claim reimbursement for eligible expenses, the sub- reimbursement. recipient's Quarterly Report must also include: 1. Supporting documentation of each activity claimed with the relevant identification notation clearly written in the corner. Supporting documentation consists of receipts, procurement documentation, pay stubs, purchase orders, emails, sign-in sheets, etc. The supporting documentation must be enough to verify the veracity and appropriateness of an expenditure and its connection to allowable activities. All supporting documentation must have a unique identification # written in the corner for tracking and verification purposes. The Sub-Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope ofworki indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient shall not deviate from the approved project terms and conditions. The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by FDEM. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to FDEM by the Sub-Recipient and subsequently approved by FDEM. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from The selected contractor shall have a current and valid occupational license/business tax receipt issued for The Sub-Recipient shall provide documentation demonstrating the results oft the procurement process. This shall include ai rationale for the method of procurement and selection of contract type, contractor selection condition. participating in federally funded projects. the type of services being performed. and/or rejection and bid tabulation and listing, and the basis of contract price. 34 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 FDEM 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 a current and valid occupational license or business 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 (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to FDEM. Upon completion of the project scope of work, the Sub-Recipient shall submit thet following documents with sufficient supporting documentation and provide a summary of all contract scope ofwork and scope of work within 10 days of execution. tax receipt issued for thet type of services to be performed by the selected contractor. changes, ifany. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. d) Signed and Sealed copy of the As-built plans, as applicable. e) Certified Letter of Completion, as applicable: specifications, and scope. products utilized. chance) flood elevation. county. C)A Acopy of electrical designs, specifications and/or drawings elaborated to complete the scope. 1. Affirming that the project has been completed in conformance with the approved project drawings, f)AII Product Specifications /Data Sheet(s) (technical standards) satisfying protection requirements on all g) Verification letter or documentation showing the generator is protected to the 500-year (0.2% annual i) Verification documentation showing the building(s) is included in the list of emergency shelters for the 2. Certifying Compliance with all applicable codes. h)Ad copy of the shelter building's Certificate of Occupancy. j) Proof of compliance with Project Conditions and Requirements contained herein. K)Allr remaining proof of payment documentation. DEM Enterprise Solution (DEMES) Deliverables shall be submitted on FDEM's Salesforce platform, DEMES, using the Deliverable process. The Recipient's Emergency Generators for Fiscally Constrained Counties Report shall be compiled by the Recipient into a single document wherever possible when submitting for deliverable approval. The deliverable shall include all required forms and supporting documents sufficient to verify the accuracy of Following review and approval of the deliverable by FDEM's assigned Grant Manager, the Recipient shall submit a reimbursement request on FDEM's DEMES Platform using the Financial Activity process. In the Financial Activity, the Recipient shall attach their approved deliverable ini the' Deliverable field and upload deliverable completion. the completed. Attachment G. Financial Consequences 35 Failure to submit a quarterly report deliverable will result in the following penalty: Rejection of all financial activity reimbursement requests for any subsequent quarterly report deliverables. Failure to submit and receive approval of deliverables by the due date will result in the following penalty: Reduction of the financial activity payment amount to the sub-recipient by 10% for eachi forty- five (45) calendar day period in which the deliverable is not submitted and approved. If, because of circumstances beyond the sub-recipient's control, the sub-recipient is unable to successfully perform at task required byt this Agreement, then the sub-recipient shall notify FDEM in writing immediately to request a due date extension. If FDEM agrees that the inability to perform was directly due to circumstances beyond the control of the sub-recipient, then FDEM will consider waiving thei imposition of at financial consequence. 36 Attachment B Program Statutes and Regulations The American Rescue Plan. Act of2021 (ARPA) 2C.F.R. Part 200 Subparts A-F 49C.F.R. ChapterISubchapter Al Part 110 State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 37 Attachment C Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200, that govern the application, acceptance and use of Federal funds for this federally assisted project. The Applicant assures and certifies that: 1. Itwill comply with provisions of Federal law which limit certain political activities of employees ofa State or local unit of government whose principal employment is in connection with an activity financed in whole 2. Itwill complyv with ther minimum wage andi maximum hoursprovisions oft thel Federall Fair Labor Standards 3. Ity will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those 4. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 5.1 It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are notl listed on thel Environmental Protection Agency's (EPA) listofViolating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under 6.In the event a Federal or State Court or Federal or State Administrative Agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient off funds, the Recipient will forward a copy of the finding to the Office for Civil 7. It will provide an Equal Employment Opportunity Program if required to maintain one, where the 8. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) as required by the Drug-Free 9. Sub-Recipient will comply with the applicable provisions of the following laws and policies prohibiting a. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, b. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination or in part by Federal grants. (5U.S.C. 1501, et. seq.) Act. with whom they have family, business, or other ties. consideration for listing by the EPA. Rights, Office of Justice Programs. application is for $500,000 or more. Workplace Act of 1988, and implemented at Federal Award, 2 C.F.R. Part 200. discrimination: color, or national origin (including limited English proficiency). on disability. based on sex in education programs or activities. based on religion in social service programs. d. Age Discrimination Act of1975, which prohibits discrimination based on age. 38 Attachment D JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: Ifyou are requesting an advance, indicate same by checking the box below. JADVANCE REQUESTED Advance payment ofs 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. Ifyou are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY /LINE ITEMS (list applicable line items) Fore example: ADMINISTRATIVE COSTS (Include Secondary Administration.) For example: PROGRAM EXPENSES: TOTAL EXPENSES: LINE ITEM JUSTIFICATION: (Foreach 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 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). 39 Attachment E Warranties and Representations Financial Management The Sub-Recipients financial management system must comply wit2CFR.$200302 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 egurement-rodremen Standards (2 C.F.R.S5200.317 through 200.326). Business Hours public, The Sub-Recipient shall have its offices open for business, with the entrance door open to the and at least one (1) employee on site, from: Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. 40 Attachment F Certification Regarding Debarment, Suspension, Ineligibility And' Voluntary Exclusion Subcontractor Covered Transactions The prospective subcontractor, of the Sub-Recipient certifies, by submission of this document, that neither it, its principals, nor its affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency. SUBCONTRACTOR: By: Signature Sub-Recipient's Name DEM Contract Number Project Number Name and Title Street Address City, State, Zip Date 41 Attachment G Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendixilt to2C.F.R. Part 200. Iti is the responsibility of the Sub-Recipient toi include the required provisions. The Division provides thet following! list of provisions that may be required depending upont the type of contract or subcontract being funded by this Agreement: Contracts Under Federal Awards Appendix Il to Part 200-Contract Provisions for Non-Federal Entity In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. iv. Alert applicants to the need toi identify proprietary information and inform them about the way the V. Include certain routine notices to applicants (e.g., that the Federal Government is not obligated to make any Federal award as a result of the announcement or that only grants officers can bind the (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian. Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and (B). All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR6 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon. Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the Federal awarding agency willl handle it. Federal Government to the expenditure of funds). penalties as appropriate. Programs, Equal Employment Opportunity, Department of Labor." 42 prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place acopy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of! Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in' Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of publicwork, to give up any part of the compensation to which he or shei is otherwise entitled. The non-Federal (E) Contract Work Hours and Safety Standards Act (40U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,0001 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages ofe 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 al half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechaniç must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for (F) Rights to Inventions Made Under a Contract or Agreement. Ifthe Federal award meets the definition of "funding agreement" under 37 CFRS4 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that' "funding agreement, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42U.S.C.7 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the entity must report all suspected or reported violations to the Federal awarding agency. transportation or transmission of intelligence. agency. 1387), 43 Regional Office of the Environmental Protection. Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549: and 12689) -A contract award (see 20 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 1801 thati implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other OByrdAntilobbyingi Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier than Executive Order 12549. tot tier up to the non-Federal award. (J) See $200.323. 44 Attachment H CERTIFICATION REGARDING LOBBYING Check the appropriate box: This Certification Regarding Lobbyingi is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 20 C.F.R. Part 200, Appendix II(); 31 This Certification is not required because the Contract, Grant, Loan, or Cooperative. Agreement U.S.C. $1352; and 44 C.F.R. Part 18. willl bel less than $100,000. APPENDIX, A,44C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative. Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will bey paid, by or on behalf of the undersigned, to any person fori influencing or attempting toi influence an officer or employee of an agency, al 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 ofany 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. 2. Ifany funds other than Federal appropriated funds have been paid or willl be paid to any person for influencing or attempting toi influence an officer or employee of any agency, al Member of Congress, an officer or employee of Congress, or an employee of al Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form tol Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose 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 whot fails tot filet ther 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. truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for accordingly. The Sub-Recipient or subcontractor, certifies or affirms the False Claims and Statements, apply to this certification and disclosure, ifany. Signature of ubRecpenlauconradors Authorized Official Name and' Title of upRecpenlaubconradors Authorized Official Date 45 Attachment! State Fiscal Recovery Fund Requirements For Contract Terms and Conditions 1. Recipient agrees to comply with the requirements ofs section 602 of the Social Security Act (the Act), regulations adopted by Treasury pursuant to section 602() of the Act, and guidance issued by Treasury regarding thef foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements ite enters into with other parties relating to this award. 2. Costs must be reasonable and allocable as outlined in 2 CFR200.404 and 2 CFR 200.405. a. Recipient shall maintain records andi financial documents sufficient to evidence compliance with section 602(c), Treasury's regulations implementing that section, and guidance issued by b. The Treasury Office ofl Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) Records shall be maintained by Recipient for a period of five (5) years after alli funds have been 4. Pre-award costs, as defined in 2 C.F.R. $200.458, may not be paid with funding from this award. 5. Conflicts ofl Interest. Recipient understands and agrees itr must maintain a conflict ofi interest policy consistent with 2C.F.R. S 200.318(c) and that such conflict ofi interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or thep pass-through entity, as appropriate, any potential conflict ofi interest affecting the awarded funds 2C.F.R. Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following 2 CFR Policy requirements do not apply tot the SFRF program: 2CFRI Part2 200, Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards 2C.F.R. $200.205 (Federal awarding agency review of merit of proposal); 2C.F.R. S 200.213 (Reporting a determination that ar non-Federal entity is not 3. Maintenance of and Access to Records Treasury regarding thet foregoing. of Recipient in order to conduct audits or otheri investigations. expended or returned to Treasury, whichever is later. ina accordance with 2 C.F.R. S 200.112. 2C.F.R. $200.204 (Notices of Funding Opportunities); 2C.F.R. S 200.210 (Pre-award costs); and qualified for al Federal award). 2CFR Part 200, Subpart D, Post Federal; Award Requirements 2C.F.R. $2 200.305 (b)(8) and (9) (Federal Payment); 2C.F.R. $200.308 (revision ofb budget or program plan); 2C.F.R.S $200.309 (modifications to period of performance); and 2C.F.R. $200.320(C)(4) (noncompetitive procurement). 7. Single Audit Act requirements -2 CFR2 200, Subpart F- -A Audit Requirements of the Uniform Guidance Subrecipients that expend more than $750,000 in Federal awards during their fiscal year will be subject to an audit under the Single Audit Act andi its implementing regulation at 2CFR Part 200, Subpart F regarding audit requirements. (See Compliance Supplement #21.027) 8. All contracts in excess of $100,000 with respect to capital expenditures or infrastructure (.e., EC5) that involve employment ofr mechanics or laborers must include a provision for compliance with 9. Reporting Subaward and Executive Compensation Information, 2C.F.R. Part 170 (Appendix A). 10. SAM.gov Requirements - Alle eligible recipients are required tol have an active registration with the System for Award Management ("SAM") (https://www. sam.gov) pursuant to 2 CFRI Part: 25. 11. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. 13. Recipient Integrity and Performance Matters, 2 CFR Part 200, Appendix Xilt to Part 200. certain provisions of the Contract Work Hours and Safety Standards. 12. New Restrictions on Lobbying, 31 C.F.R. Part 21. 46 14. Uniform Relocation. Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. SS 4601- 15. Statutes and regulations prohibiting discrimination applicable tot this award, without limitation, a. Title VI oft the Civil Rights Act of 1964 (42 U.S.C. SS 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on thel basis of b. The Fair Housing Act, Title VII oft the Civil Rights Act of 1968 (42 U.S.C. SS 3601 ets seq.), which prohibits discrimination in housing on thel basis of race, color, religion, national origin, Section 504 of the Rehabilitation. Act of 1973, as amended (29 U.S.C. $794), which prohibits d. The Age Discrimination. Act of 1975, as amended (42 U.S.C. $S6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination ont thel basis of age e. Title Il of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. SS 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services. 16. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was) supported, in whole or in part, by federal award number SLFRP0125 awarded tot the State of Florida by the U.S. Department of the Treasury." 17. Hatch Act. (5U.S.C. 1501-1508 and 7324-7328), as applicable, limits certain political activities of State or local government employees whose principal employment isi in connection with an activity 18. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal a. Ina accordance with 41 U.S.C. S 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of ai federal contract or grant, a gross waste of federal funds, an abuse of authority relating to at federal contract or grant, a substantial: and specific danger to public health ors safety, or a violation of law, rule, or regulation related to at federal contract (including the b. The list of persons and entities referenced int the paragraph abovei includes thet following: i. Amember of Congress or a representative of a committee of Congress; iv. ATreasury employee responsible for contract or grant oversight or management; V. Ana authorized official oft the Department of. Justice or other lawe enforcement agency; vi. Acourt or grand jury; or vii. Ar management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or Recipient shall inform its employees in writing of the rights and remedies provided under this 20. Increasing Seat Belt Usei ini the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally 21. Reducing Text Messaging' While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that bant textr messaging while driving, and Recipient should establish workplace 4655) andi implementing regulations. include: race, color, or national origin. sex, familial status, or disability; discrimination on the basis of disability under any program or activity. in programs or activities. financed in whole ori in part byt this federal assistance. awards or contracts, and/or any other remedy available by law. 19. Protections for Whistleblowers. competition for or negotiation of a contract) or grant. ii. Anl Inspector General; iii. The Government, Accountability Office; address misconduct. section, in the predominant native language of the workforce. owned vehicles. safety policies to decrease accidents caused by distracted drivers. 47 22. States must ensure that every contract includes the applicable contract clauses required by 2CFR section 200.327 (Appendix II to Part 200). See Sub-Attachment 1. 48 Sub-Attachment1 Appendix Il to Part 200- Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Ina addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as (A)Contracts for more than the simplified acquisition threshold, whichi is the inflation adjusted amount determined byt the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies ini instances where contractors violate or breach contract terms, and provide for such sanctions and (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of" "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (301 FR 12319, 12935, 3CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance (E) Contract' Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers musti include ap provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages ofe every mechanic and laborer on the basis ofa standard work week of 401 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 al half times the basic rate of pay fora all hours worked in excess of 40 hours in the work week. The requirements of 40U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must ber required to work ins surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or (F)R Rights to Inventions Made Under a Contract or Agreement. Ift the Federal award meets the definition of "funding agreement" under 37 CFR S 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with as small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights tol Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and anyi implementing regulations issued (G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33U.S.C. 1251- 1387), as amended Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution applicable. penalties as appropriate. Programs, Equal Employment Opportunity, Department ofl Labor." contracts for transportation ort transmission of intelligence. by the awarding agency. 49 Control Act as amended (33U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and (H) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2CFR 180.220) must not be made to parties listed on the governmentwide exclusions ini the System for Award Management (SAM), in accordance with the OMB guidelines at 2CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive ()Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to thet tier above that it will not and has not used Federal appropriated funds to pay any person or organization fori influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (Note: see #8 for related new restrictions on lobbying under 31 C.F.R. Part 21.) (K) See $200.216. (Prohibitions on the use of federal financial assistance to procure or obtain certain telecommunications and video surveillance services or equipment provided or produced by designated entities, including certain entities owned or controlled by the People's Republic of China.) (NDAA) (Note: In addition, 2 CFR 200.471 provides that certain telecommunications and video surveillance costs (See $200.322. (Domestic preferences for procurements). - encourages Federal award recipients, to the extent permitted by law, to maximize the use of goods, products, and materials produced in the United States when procuring goods and services under Federal awards following the Executive Order Buy American and the Regional Office of the Environmental Protection Agency (EPA). Order 12549. (J) See $200.323. (Procurement ofr recovered materials - EPA guidelines) associated with 2 CFR 200.216 are unallowable. Hire American.) 50 ATTACHMENT)- FORM1 QUARTERLY REPORTO COVERS SHEET GENERATOR ASSISTANCEGRANT SUB-R RECIPIENT PERIODOFF PERFORMANCE Milestones Milestunesa rea actionst takent towa dthed completiuns ofthe tuwardsth theproject Milestunea actionss shallhaverekevant repurt TOTALC CONTRACTE EXPENDATURES PROJECTI $0.00 GRANTN NUMBER PLEASES SELECT ONE Activitles Conducted arei thathavec costs associated shallhaven andrelevant report $0.00 LABOR MATERIALS PERMITTING $0.00 $0.00 $0.00 MILESTONES DESCRIPTION STARTD DATE DESCRIPTION STARTDATE DESCRIPTION STARTDATE DESCRIPTION STARTDATE ACTIVITIES COMPLETED LABOR(HRS) HOURLYRATE LABORV VALUE $0.00 EPESPTTeTITEA MATERIALSVALUE $0.00 LABOR(HRS) HOURLY RATE LABORY VALUE 0 $0.00 MATERIAIS(GITEMSD MATERAISIPERITEMI MATERIALSVALVE $0.00 LABOR(HRS) HOURLYR RATE LABOR VALUE $0.00 MATERAISITENS MATERAISIPERITEMI MATERIAISVALUE $0.00 LABOR(HRS) HOURLYR RATE LABORVALUE $0.00 MATERIAIS( MBSATERASTEN! MATERIALSVALVE $0.00 REPORTN NARRATIVE TOxxx Pleased documentasummary milestones anda activitye expensesfort theg quarter. Reporting Form! limstb bes subnittede wery" Quurtery withtheQuarterly Report Packuye. projertthatn may or may" nothavec custs. associatedy with with themt that reb bengr requestedf for them.1 Thesen milestonese cani include lesigny work. permits Thesec cani includel labor. materiaip purchases. design, pulleders completed. ordering/vatungonp parts.! labord dune permitting management ect Activitiest requesting pperongdeumsatuon: attichedas aspartofthes quarterly supparting documentation attached partufthed quarterly Suveas PDFu undsgafors COMPLETIONDATE COMPLETIONDATE COMPLETIONDATE COMPLETIONDATE TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 Bys signinghisrepot. Icertily wothel bestufmyk knowledge andbehefthatt ther reportistrue, complete, anda ccurate, andt thes expenditures. receiptsa arefort thep purposes. undohyectivess inthet terms ande conditonso oft the Federala award. lama ware thata anyt false, fictitous, orf fraudulentis ortheu umssionofa anyr nateralfact.n mays subjectmet tocimnal. civilor. admmmstrat ative penaitiesfort fraud. falses andcash faled damsoru utherwise. (US. Codel Tide 18. Section 1001 andT Tide3 31. Sections3 3729.3 3730 and3 3801- $812) Signature PrintName Date Title TOADDA ADDITIONALI LINES Ifthereisaneedi formorel itemstob bea addedt thany whatt thef forma allows, pleasec copy/pastetoa adda additional lnesbelowh hereo ors submit anothero copy OfFORM llabeleda aspage2. 51 SUWANNEE COUNTY Administration Executive Summary Objective: Execute Federally Funded Hurricane Debby DR 4806, Agreement Number Z4256. Considerations: Agreement will allow Suwannee County to request reimbursement for storm recovery related projects and expenditures. Budget Impact: No budget impact. Recommendation: Staff respectfully recommend execution of Agreement Z4256 with Florida Division of Emergency Management, the passthrough entity for federal funds related to Hurricane Debby DR4806. Respectfully submitted, Greg Scott, County Administrator Date: December 17, 2024 Agreement Number: Z4256 FEDERALLYFUNDED SUBAWARD. ANDGRANT AGREEMENT for- Hurricane Debby DR4806 The following Agreement is made and information is provided pursuant to 2 CFR $200.332(a)(1): Subrecipient's name: Subrecipient's unique entityi identifier: Federal Award Date: Suwannee County X5JKGZD8PRK4 08/11/2024 08/01/2024- - 02/10/2025 08/01/2024- 02/10/2026 N/A Subaward Period of Performance Start and End! Date (CatA-B): Subaward Period of Performance Start and End Date (Cat C-G): Amount of Federal Funds Obligated byt this Agreement: Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity toi include this Agreement: Total Amount oft the Federal Award committed to the Subrecipient Federal award project description (see Federal Funding Accountability and Transparency Act (FFATA): by the pass-through entity: Grant for communities to respond to and recover from major disasterso or emergencies and for limited mitigation Department of Homeland Security (DHS) Federal Emergency Management Agency Floridal Division of Emergency Management (FDEM) 2555 Shumard Oak Blvd. Tallahassee. FL32399-2100 97.036 See Section 9( (d) measures. (FEMA) Name of Federal awarding agency: Name of pass-through entity: Contact information fort the pass-through entity: Assistance! Listing Number (Formerly CFDAI Number): Indirect cost rate for the Federal award: Assistancel Listing Program Title (Formerly CFDA program Title): Disaster Grants Public Assistance (Presidentially Declared Disasters) THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallanassee, Florida (hereinafter referred to as the' "Agency" or' FDEM"), and Suwannee County (hereinafter referred to as the' Subrecipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by FDEM, the Federal Awarding Agency, or any other State and the services identified herein; Federal agencies with audit, regulatory, or enforcement authority; C. This Agreement establishes the relationship between the Agency and the Subrecipient to allow the Agency to pay grant funds to the Subrecipient. THEREFORE, the Agency and the Subrecipient agree to the following: (1) APPLICATION OF STATE LAWTO THIS AGREEMENT 2CFRS200.302 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. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative b. Ina addition to the foregoing, the Subrecipient and the Agency shall be governed by all applicable State and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively Requirements, Cost Principles, and Audit Requirements for Federal Awards." regulation in no way implies that no other statute, rule, or regulation applies. applied. All required provisions can be found in Attachment D: Required Contract Provisions. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Agency's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Agency's liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Agency shall: i. Monitor and document Subrecipient performance; and ii. Review and document all deliverables for which the Subrecipient requests payment. - The Agency's Grant Manager fort this Agreement is: Name and Title: Stephane Malet, Grant Program Manager Bureau of: Address: Recovery Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL32399-2100 (850) 815-4469 Stephane. Malet@emmylondacon Telephone: Email: The name and address of the Representative of the Subrecipient responsible for the administration of this Agreement is: Name: Brenda Flanagan Address: 13150 80th Terrace Telephone: 386-362-3992 Live Oak, FL: 32060 brendal@suwcounylgow Email: 2 Int the event that different representatives or addresses are designated by either party after execution oft this Agreement, notice of the name, title, and address of the new representative willl be provided to the other party in writing via letter or electronic email. d. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Agency's grants management system in accordance with Attachment B to this Agreement ("Systems Access Form"). (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, ofwhich may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK substantiate work completed. The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to (8) PERIOD OF AGREEMENTPEROD OF PERFORMANCE Thel Period of Agreement establishes ai timeframe for all Subrecipient contractual obligations to be completed. Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disaster applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by thel Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. Work may only be performed during the timeframes established and approved by FEMA for each Category of Work type. (9) FUNDING a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Subrecipient for [EVENT NAME] to Subrecipients are contingent upon the granting of budget authority to the Agency. Payments b. Pursuant to section 252.375)(a), Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants tol Local governments. Affected Local governments shall be required to provide one-half of the required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not apply to Subrecipients that are considered Private Non-Profit entities, therefore the entire non-federal share shall be the responsibility of the Private Non-Profit Subrecipient. The Executive Office of the Governor may approve a waiver to local governments for the Non-Federal 3 matchr requirement. The local government must apply for the waiver in accordance with Section 252.375)(b), Florida Statutes. Local governments must apply for the match waiver independently from their respective County. d. Under the Federal Emergency Management Agency's Public Assistance Program, subrecipients may seek reimbursement for indirect costs. 44 C.F.R. S 207.2, defines indirect costs as, "costs that are incurred by a grantee for a common or joint purpose benefiting more than one cost objective that are not readily assignable to the cost objectives specifically benefited". Additionally, "indirect costs may not be charged directly to a project or reimbursed separately, but rather are considered to be eligible management costs under this part" (see 44 C.F.R.S 207.6). Any organization that receives Federal awards and requests recovery ofi indirect costs must have an approved federally recognized indirect cost rate agreement (see 2C.F.R. S 200.400 - 200.476 and Appendix IV to Part 200). The indirect cost rate shall be negotiated between the subrecipient and the Federal government. If no approved rate exists the Agency shall determine the appropriate rate in collaboration with the subrecipient, which is either the negotiated rate between the Agency and the subrecipient or the de minimus indirect cost rate. (10) PAYMENT a. The payment method used by the Agency is either a Cost Reimbursement or an Advance Payment. b. The Agency's Grant Manager, as required by section 215.971(2)(C), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Advance payments will be governed by Chapter 216, Florida Statutes. Subrecipient. Asr required by 2 CFR 200.305 (b.)(8) and (9), The non-Federal entity must maintain advance payments of Federal awards in interest bearing accounts. (11)FLORIDA RECOVERY GBPATBACAGIMATDANESOS Ify you are opted into the Florida Recovery Obligation Calculation (F-ROC) Program and received an F-ROC score for this event, you will receive payment for all large, non-expedited, Category A and Category B projects, equal to your score as a percentage upon obligation. Funding will remain contingent upon obligation by FEMA and the Applicant will be liable for repayment (See (12) REPAYMENTS) upon de-obligation by FEMA of any disbursed funds. Any de-obligation of funding is within FEMA's sole discretion and the Agency shall not be liable for FEMA's exercise of its discretion. Participation in the F-ROC program does not guarantee funding and is dependent upon FEMA's obligation. As stated in the executed F-ROC Participation Request Form: a. The score is made up of three components: ii. Up to a 40% score for completing the DRA. iii. Up toa a2 20% score for completing the PDQ. i. 20% Baseline score for signing and returning the Request Form. b. Applicants who have received EMAP accreditation will receive an additional 5%. The Applicant's score directly corresponds to the percent of the eligible obligated amount that will be disbursed to the Applicant upon obligation of the Public Assistance project. After validation of all supporting documentation is complete, the Applicant will receive the remainder of the validated, obligated amount. d. Ifthe Applicant has any open receivables with the Division, those receivables must be satisfied before any disbursements are made through the F-ROC program. e. The Applicant may choose to receive a lesser score than the score earned through the completion of the above components on a one-time basis per disaster. The Applicant must make a request to that effect in writing to the Agency, on their letter head and duly signed by an authorized representative of the Applicant. Such a request must be made prior to the obligation of funds for it to impact the Applicant's score and therefore, reflect upon the obligation attaching thereto. (12) REPAYMENTS a. Refunds or repayments of obligated funds may be paid to the Agency through check or through a payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Agency to off-set against other obligated projects where deemed appropriate. The Subrecipient has 45 days to repay the funds from the issuance of the invoice from the Agency. The Agency may impose a 1% per month interest fee for unpaid invoices. b. All refunds or repayments due to FDEM under this Agreement are to be made payable to the order of "Florida Division of Emergency Management," and must include the invoice number and the applicable Disaster and Project number(s) that are the subject of the invoice, and be mailed directly to the following address: Florida Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (13). RECORDS a. As required by 2 CFR S 200.334, and modified by Florida Department of State's record retention requirements (Fla. Admin. Code R. 1B-24.003), the Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR S 200.303(e), the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal Awarding Agency or FDEM designates as sensitive or the Subrecipient considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality. b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants to! be paidi fromf funds provided undert this Agreement, including documentation of all program costs, ina at form sufficient to determine compliance with the requirements and objectives of the award and all other applicable laws and regulations. C. The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent if this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Agency must use to capture and report sub-award and executive compensation data regarding first-tier subawards that obligate $30,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of2009, Pub. L. 111-5). 5 (14) AUDITS a. The Subrecipient: shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F. b. As required by 2 CFRS200.337a), "Thel Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the [Agency), or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the [Subrecipient) which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right alsoi includes timely and reasonable access tot the Subrecipient's) personnel for the purpose of interview and discussion related to such documents." The right of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR S 200.337(c)). As required by 2 CFR S 200.332(a)(5), the Agency, the Chief Inspector General oft the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such d. Each public assistance subrecipient must submit a certification in FloridaPA.org to inform FDEM whether their entity is subject to al Federal Single Audit. This is part of the Recovery Bureau's overall monitoring program. e. The subrecipient agrees to submit the Federal Single Audit report to the Agency in FloridapA.org no later Per (2 CFR $200.512(d), the subrecipient's auditor must electronically submit the single audit report to documents. than 30 calendar days after receipt of the auditor's report. the Federal Audit Clearinghouse (FAC) at fac. gov. (15). REPORTS a. Consistent with 2 CFR S 200.329, the Subrecipient shall provide the Agency with quarterly reports and any applicable financial reporting, including reports required byt the Federal Funding Accountability and Transparency Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable, all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Agency. Subrecipient Report Submittal Reporting Time Period October 1-D December 31 January 1- March 31 April 1-. June 30 July 1-S September 30 Deadline January 15 April 15 July 15 October 15 Quarter 1 (Q1) Quarter2 (Q2) Quarter 3 (Q3) Quarter 4 (Q4) b. The Subrecipient agrees to submit quarterly reports to the Agency no later than fifteen (15) days after the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the closeout of each project in the Agency's Grant Management System. The ending dates for each quarter of the C. The closeout report is due sixty (60) days after completion of each project worksheet associated with the applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs. d. The Subrecipient shall provide additional program reports, updates, or information that may be required program year are March 31, June 30, September 30, and December 31. by FDEM or the Federal awarding agency. (16)! MONITORING a. The Agency shall monitor the performance of the Subrecipient under this Agreement to ensure that the Scope of Work is being accomplished within the specified time periods, and that other performance goals are being b. The Subrecipient agrees to comply and cooperate with any monitoring proceduresprocesses deemed appropriate by the Agency. In the event that the Agency determines that an audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Agency to the Subrecipient C. Small Projects, as defined in 44 CFR S 206.203(c)(2), that are obligated above the Federal Simplified Acquisition Threshold (SAT) will be subject to enhançed oversight and monitoring by the Agency as authorized by 2 met. regarding such audit. CFRS20033240)2). (17)! LIABILITY a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, the Subrecipient is solely responsible tot third parties it deals withi in carrying out the terms of this Agreement. As authorized bys section 768.28(19), Florida Statutes, Subrecipient shalll hold the Agencyharmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Subrecipient agrees that iti is not an employee or agent of the Agency but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, agrees tol be fully responsible fori its negligent or tortious acts or omissions which result in claims or suits against the Agency and agrees to be liable for any damages proximately caused by the acts or omissions tot the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (18) TERMINATION This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in accordance with the Public Assistance Program requirements. The Agency and Subrecipient agree that all records willl be maintained until the conclusion of any record retention period. (19) PROCUREMENT a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, including 2 CFR S 200.318 through 200.327 as well as Appendix IIto2CFRI Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal 7 Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: ntps/wy.emagowigovgranisprocurement 0. The Subrecipient must include all applicable federal contract terms for all contracts for which federal funds are received. Ifthe Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Agency, its employees and/or their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. : The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes, e. 1. Pursuant to section 287.05805, Florida Statutes, if state funds are being used for the purchase of or improvements to real property pursuant to the terms of this Agreement, the state funds are contingent upon the Subrecipient or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of the improvements oras iron or steel product, as defined in section 255.0993(1)b), Florida Statutes, that is permanently incorporated in the performing work on its behalf under this Agreement in addition to its own progress. as applicable. further required by law. 2. If applicable, pursuant to section 255.0993, Florida Statutes, the Subrecipient shall ensure that any deliverable(s) resulting from this project, is produced in the United States. (20) ATTACHMENTS a. All attachments to this Agreement are incorporated as ifset out fully. b. Int 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 oft the conflict or inconsistency. This Agreement has the following attachments: Attachment B - Systems Access Form ii. Attachment C - Certification Regarding Debarment iv.. Attachment D - Required Contract Provisions Attachment E- Certification Regarding Lobbying vi. Attachment F. - Foreign Country of Concern Affidavit Attachment A - Scope of Work, Deliverables, and Financial Consequences Agreement Number: Z4256 INWITNESS WHEREOF, thep parties hereto have executed this Agreement. Suwannee County SUBRECIPIENT By: Name: Title: Date: (Signature), Travis Land Chairman December 5, 2024 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Alternate Governor's Authorized Representative Date: 9 Attachment A SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work by FEMA. FEMAI has sole authority for determining eligibility of project activities and associated costs. The Subrecipient is required to complete all eligible Projects and submit appropriate supporting documentation for all work and costs, as approved When FEMA has obligated funding for a Subrecipient's Project Worksheet (PW), the Agency notifies the Subrecipient with a copy of the PW( (or P2 Report). Budget and Project List For the purpose of this Agreement, each Project will be monitored, completed, and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables For the purposes of this agreement, each project will be as standalone deliverable but may be compensated incrementally based on the Subrecipient's expenditures. The required performance level is satisfactory completion of the project as Project will be paid upon obligation and validation of the Project Worksheet and execution of the subgrant agreement. Subrecipient must initiate the Small Project Closeout in the grants management system within sixty (60) days of completion oft the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into the grants management system, selecting the Subrecipient's account, then selecting 'Create New Request, and selecting' 'New Small Project Completion/Closeour. Complete the form and' 'Save'. The final action is to identified in the Scope of Work, the approved PW, and subsequent PWV versions, if applicable. advance the form to the next queue for review. Financial Consequences: 2 CFR $200.339 and $215.971, Florida Statutes, requires the Agency, as the recipient of Federal funding, to apply financial consequences, including withholding aj portion off funding upt tot the full amount in the event that the Subrecipient fails to bei in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks. For any PWthat the Subrecipient fails to complete in compliance with Federal, State and Local requirements, the Agency shall withhold a portion of the funding up to the full amount until such compliance is either ultimately obtained or the project is de-obligated by FEMA and/or withdrawn. Work performed outside the Incident Period The Agency shall apply the following financial consequences in these specifically identified events: Based on: 2C.F.R. $200.309, a Subrecipient may be reimbursed only fore eligible costs incurred for work performed within the period of performance. Costs incurred as a result of work performed outside of the period of performance will be deemed not allowable and ineligible for reimbursement by the Agency as a financial consequence. In accordance with 44 CFR: 206.204 (d), ift the Subrecipient does not anticipate finishing the work within the original period of performance, they must request a time extension and support that the work cannot be timely completed due to extenuating Additionally, if the project is not completed within the period of performance and a time extension request was not granted, the Agency will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the The Agency retains the right to impose financial consequences fori instances ofnon-pertorance or non-compliance not circumstances beyond the Subrecipient's control. actual allowable costs incurred during the period of performance as a financial consequence. specifically addressed in this section. 10 Attachment B SYSTEMS ACCESS The System Access Form is submitted with each new disaster or emergency declaration to identify the Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work ther new event. The Systems Access Form is originally submitted as Attachment "B" to the PAI Funding Agreement. The Subrecipient is responsible for regularly reviewing its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the Subrecipient. Anewf form will only ber needed ifall listed contacts have separated from the Agency. Ifanew Systems Access formi is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a monthly basis tol keep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation ofa authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event you try to log in and your account is locked, users must submit a request for unlocking to eAHep2mmevtorsacen Thef form is divided intot twelve blocks; each block must be completed where appropriate. Block 1: Authorized Agent" - This should be the highest authority in your organization who is authorized to sign legal documents on behalf ofy your organization. A subsequent new Authorized. Agent must be designated through a letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and Block 2: Primary Contact" - This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FDEM Grants Management System. The Authorized Agent may designate a new Block 3: "Alternate Contact" - This is the person designated by your organization to be available when the Primary is not. Either the Authorized Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Wanagemen-nsurance. and Envronmenta-Histone. Providing these contacts is essential in the coordination and commun-cationrequred between State andl Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 - 12: "Other" (Read Only Access) - There is no limit on Other" contacts, but we ask that this be restricted tot those that are going to actually need to log in and have ar role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read-Only" designation cannot take any action. in Note: The Systems Access Form is NOT a delegation of authority. A signatory must have an attached this person will have full access/authority unless otherwise requested). Primary Contact. (Only one Primary Contact is allowed, and this contact will have full access). Contact is allowed, and this contact will have full access). FDEM Grants Management System. delegation of authority as appropriate. 11 SYSTEMS ACCESS FORM (CONTACTS) FEMAIGRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient:; Suwannee County Box1: Name Signature Authorized. Agent (Full Access) Box 2: Name Brenda Flanagan Signature Primary Contact(Full Access) Travis Land berdedlo Organization/ Official Position Project Manager Mailing Address 13150 80th Terrace City, State, Zip Live Oak, FL 32060 Daytime Telephone 386-362-3992 E-mailA Address brendal@suwcouny.lgox Box 4: Other-Finance/Point of Contact (Full Access) Organization/ Official Position Chairman Mailing Address 13150 80th Terrace City, State, Zip Live Oak, FL 32060 Daytime Telephone 386-249-0243 E-mailA Address commissioner3@suwcountyl.gov Box 3: Name Traci Buzbee Signature Traci Buzbee Organizalion/Oficial Position Consultant Mailing Address 2514 Manassas Way City, State, Zip Tallahassee, FL 32312 Daytime Telephone 850-528-0785 E-mail Address Name Signature Organization/ /Official Position Mailing Address City, State, Zip Daytime Telephone E-mailAddress Alternate Contact (Full Access) Name Signature Organization/ Official Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Name Signature Organization/ Official Position MailingAddress City, State, Zip Daytime Telephone E-mail Address sbuzpee@hotmal.com Box 5: Other-Risk Mgmt-Insurance (Full Access) Box 6: Other-Environmental-Historic (Full Access) The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public Assistance Grant according tot their level ofa access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date. bunde Honepe Subrecipient Authorized Repfésentative Signature 12-5-24 Date 12 SYSTEMS ACCESS FORM (CONTACTS) FEMAIGRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCYI MANAGEMENT Subrecipient: Suwannee County Date: Other (Read Only Access) Box7: Name Signature Organization/Oticial Position Mailing Address City, State, Zip Daytime Telephone E-mailAddress Box 9: Name Signature Organization/ /Officiall Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Box11: Name Signature Organization/ /Official Position Mailing/ Address City, State, Zip Daytime Telephone E-mailAddress Other (Read Only Access) Box8: Name Signature Organization/Omicial Position Maliling Address City, State, Zip Daytime Telephone E-mail Address Box 10: Name Signature Organization/Oticial Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Box 12: Name Signature Organization/Oticial Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Day: 1 Other (Read Only Access) Other (Read Only Access) Other (Read Only Access) Other (Read Only Access) Subrecipient's Fiscal Year (FY) Start: Month: 10 Subrecipient's: FIPS Number (IfH Known) Subrecipient's Federal Employer's Identification Number (EIN) 59-6000873 Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management 121-99121-00 13 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and' VOLUNTARY EXCLUSION The Subrecipient certifies, to the best of its knowledge and belief, that it andi its principals: excluded from covered transactions by any Federal department or agency; transactions (Federal, State, or Local) terminated for cause or default; and 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily 2. Have not within the five-year period preceding entering into this Agreement had one or more public 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) 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. judgment rendered against them for: The Subrecipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub-contractors must certify and disclose accordingly. The Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Suwannee Subrecipient's Name Z4256 FDEMC Contract Number By: Signature Travis Land, Chairman Name and Title 617 Ontario Avenue SW Suite 200 Street Address Live Oak, FL, 32064 City, State, Zip 12-5-24 Date County 14 Required Contract Provisions 1. Remedies Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after. June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for sanctions and penalties as appropriate.5 1.1 Applicability This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after. June 20, 2018. Although not required for contracts at or below the SAT, FEMA: suggests including a remedies provision. 1.2 Additional Considerations For FEMA's Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract's specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of god. AFG recipients should refer to the applicable year's Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov. 2. Termination for Cause and Convenience Contracts for more than $10,000 must address termination for cause and for convenience by the non-federal entity, including how it will be carried out and the basis for settlement.s 2.1 Applicability This contract provision is required for procurements exceeding $10,000. FEMA suggests includinga termination for cause and for convenience in all contracts even when not required. 45 See FEMA Grant Programs Directorate Information Bulletin No. 434, Increases and Changes to the Micro- 08/ib 434 changes micro purch simp acquisition thresholds.pdf. For procurements subject to: 2 C.F.R. Part Purchase and Simplified Acquisition Thresholds (Aug. 28, 2018), tps/pms.emasoVatsts/dhutie2o2e 200 that were made before June 20, 2018, the SAT was $150,000. 52C.F.R. Part 200, Appendix II, SA. 6 See 2 C.F.R. Part 200, Appendix ,SB. 15 3. Equal Employment Opportunity Any contract that uses federal funds to payi for construction work is a "federally assisted construction contract" and must include the equal opportunity clause found in 2C.F.R. Part 200, unless otherwise stated in 41 C.F.R. Part 60.7 3.1 Applicability assisted construction contract." 3.2 Key Definitions This contract provision is required for all procurements that meet the definition of a "federally Federally Assisted Construction Contract: The regulation at 41 C.F.R. S 60-1.3 defines a federally assisted construction contract as "any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed ont the credit of the Government pursuant to any federal program involving a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work." Construction Work: The regulation at 41 C.F.R. S 60-1.3 defines construction work as "the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental Contract: The regulation at 41 C.F.R. S 60-1.3 defines contract as "any Government contract or Additional definitions pertaining to this contract provision can bet found at 41 C.F.R. S 60-1.3. tot the actual construction." subcontract or any federally assisted construction contract or subcontract." 3.3 Required Language The regulation at 41C.F.R. S 60-1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R. Part 60, thei insertion oft thet following contract clause: "During the performance of this (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual contract, the contractor agrees as follows: 7See 2C.F.R. Part 200, Appendix II, SC. 16 orientation, gender identity, or national origin. Such action shall include, but not be limited to the Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this following: nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee ora applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish alli information and reports required by Executive Order 112460 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, (7) In the event oft the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other contractor's legal duty to furnish information. and applicants for employment. regulations, and orders. 17 sanctions may bei imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise (8) The contractor willi include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders oft the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions willl bel binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means ofe enforcing Provided, however, that ini the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction byt the administering agency, the contractor may request the United States to enter into such litigation to protect the The applicant further agrees that it willl be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, thati if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it willi furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and thati it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing The applicant further agrees thati it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all oft thet following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending anyt further assistance tot the applicant under the program with respect to which thet failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of provided by law. such provisions, including sanctions for noncompliance: interests of the United States. government which does not participate in work on or under the contract. compliance. Justice for appropriate legal proceedings." 18 4. Davis-Bacon Act This statute requires that contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in the Secretary of Labor's wage determination. Additionally, contractors are required to pay wages at least once per week.8 Additional requirements are listed below, and relevant definitions are at 29 C.F.R. S 5.2. NFES should refer to the applicable NOFOor other program guidance or contact their applicable FEMA grant representative for additional information on how to implement this requirement. 4.1 Applicability When required by the federal program legislation, prime construction contracts over $2,000 awarded by NFES must include a provision for compliance with the Davis- Bacon Act.9 The Davis-Bacon Act only applies to the Emergency Management Performance Grant Program,10 Homeland Security Grant Program, 11 Nonprofit Security Grant Program,1 12 Tribal Homeland Security Grant Program,13 Port Security Grant Program,14 Transit Security Grant Program, 15 Intercity Passenger Rail Program, 16 and Rehabilitation of High Hazard Potential Dams Program.17 Unless otherwise stated in a program's authorizing statute, it does not apply to other FEMA grant and cooperative agreement programs, including the PA Program. - 8 See id.; 40 U.S.C. SS 3141-3144 and 3146-3148. The Davis-Bacon Act is supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering federally 10 See section 6110X(9) of the Robert T.: Stafford Disaster Relief and Emergency Assistance Act (Stafford. Act), 11 See section 2008/b)4XB)0), of the Homeland Security Act of 2002, Pub. L. No. 107-296 (codified as amended at 61 U.S.C. S 609(b)(4XB)(p) (citing to section 6110)(9) of the Stafford Act). 12 Id. The Davis-Bacon. Act only applies to the Nonprofit Security Grant Program (NSGP) where that program is funded as a carve-out of the appropriations fort the Homeland Security Grant Program (HSGP). See, e.g., Department of Homeland Security Appropriations Act, 2020, Pub. L. No. 116-93, Title III, Protection, Preparedness, Response, and Recovery, Federal Emergency Management Agency, Federal Assistance SS 1-2. Compare id. with section 2009 of the Homeland Security Act of 2002 (6 U.S.C. S 609a) (authorizing NSPG asa stand-alone program where the Davis-Bacon Act does not apply, but as of the date of publication of this 14 See section 102 of the Maritime Transportation Security Act of 2002 (MTSA), Pub. L. No. 107-295 (codified as amended at 46 U.S.C. S 70107); 46 U.S.C. S 70107(b)(2). While the MTSA requires that PSGP construction activities are carried out consistent with section 6110)(8) of the Stafford Act, a subsequent amendment tot the Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of section 6110)(8) to 611J)(9). 15 See section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11A Act), Pub. L. No. 110-53 (6 U.S.C. S 1135) (applying the requirements of section 49 U.S.C. S 5307); 49 U.S.C. S 16 See section 1513(h) of the 9/11/ Act (6 U.S.C. S 1163(h)) (citing to 49L U.S.C. S 24312, which requires 17 See section 8A(d)(2)(E) of the National Dam Safety Program Act (codified as amended at 33 U.S.C. S 467f- 2(d)(2)(E)) (requiring compliance with 42 U.S.C. S 51960)9), which is section 611J)(9) of the Stafford Act that Financed and Assisted Construction) 92C.F.R. Part 200, Appendix 1,SD. Pub. L. No. 93-288 (codified as amended at 42 U.S.C. S 5196()(9). document, NSGP has not been funded as as standalone program). 13 See section 2008b)4)XB)() of the Homeland Security Act of 2002. The cross-reference int the MTSA has not been updated. 5333 (applying the Davis-Bacon. Act to grants provided under 49 U.S.C. S 5307). compliance with the Davis-Bacon Act). applies the Davis-Bacon Act). 19 4.2 Additional Requirements must do thei following: Ifapplicable, in addition to the requirements mentioned in the beginning of this section, the NFE Place a copy of the Department of Labor's current prevailing wage determination in each solicitation. Contracts or subcontracts must be awarded on the condition that the prevailing wage determination is accepted. The non-federal entity must report all suspected or reported Include a provision for compliance with the Copeland "Anti-Kickback" Act for all contracts subject to the Davis-Bacon Act. 19 See Required Contract Provisions, Section 5. Copeland Anti-Kickback Act in this Guide for additional information. According to 29 C.F.R. S 5.5(a)(5), the regulatory requirements for the Copeland "Anti-Kickback" Act are incorporated by reference into the required contract provision, so a separate contract provisioni is not necessary. However, the NFE may include Per Department of Labor's implementing regulations for the Davis-Bacon Act, the NFES contractor and any subcontractors are required to insert, or incorporate by reference, the clauses Follow the other requirements of the Davis-Bacon Act and impemenungreguatons." violations tot the federal awarding agency.18 as separate contract provision specific toi the Copeland "Anti-kickback" Act. contained at 29 C.F.R. S 5.5(a)(1)-(10)20 into any subcontracts. 4.3 Required Language22 Ifapplicable per the standard described above, the NFE must include the provisions at 29 C.F.R. S 5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these provisions in full in any subcontracts.23 5. Copeland Antl-Kickback" Act The Copeland "Anti-Kickback" Act prohibits workers on construction contracts from giving up wages that they are owed.2 24 Additional requirements are listed below, and relevant definitions are at 29 C.F.R. $3.2. The applicable implementing regulations are intended to assist with enforcement of the 18 2C.F.R. Part 200, Appendix ,SD. 192 C.F.R. Part 200, Appendix II, SD. 20 29 C.FR.S5.5a)6). 22 29 C.F.R. $5.5(a). 23 29 C.F.R. S 5.5(a)(1), (6). 21 40 U.S.C. SS 3141-3144, 3146-3148; 29 C.F.R. Part5. 24 See id.; 40 U.S.C.S3145. The Copeland "Anti-Kickback" Act is supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). 20 Davis-Bacon Act's minimum wage provisions as well as various statutes with similar minimum wage provisions for federally assisted construction.25 5.1 Applicability For all prime construction contracts above $2,000, when the Davis-Bacon Act also applies,26 NFES must include a provision in contracts and subcontracts for compliance with the Copeland "Anti- Kickback" Act.27 This requirement applies to all prime construction contracts above $2,0001 in situations where the Davis-Bacon Act also applies. .28 In situations where the Davis-B Bacon Act does not apply, neither does the Copeland "Anti-Kickback" Act. As described in section A.4 regarding the Davis-Bacon Act, this provision only applies to certain FEMA grant and cooperative agreement programs. Please reference that list discussed above. Of note, it does not apply to the PA Program. 5.2 Additional Requirements Ifapplicable, the NFE must do the following: Include a provision for compliance with the Copeland "Anti-Kickback" Act.29 According to the Davis-Bacon Act implementing regulations, the requirements for the Copeland "Anti-Kickback" Act are incorporated into the required contract provision for the Davis- Bacon Act by reference.30 Therefore, a separate contract provision is not necessary. However, the NFE may include a separate contract provision specific to the Copeland "Anti-Kickback" Act with language The Copeland "Anti-Kickback Act" prohibits each contractor or subcontractor from any form of persuading a person employed in construction, completion, or repair of public work to give up any part of their rightful compensation. The NFE must report all suspected or reported violations Each contractor and subcontractor must provide weekly reports of the wages paid during the prior week's payroll period to each employee covered by the "Copeland Anti-Kickback" Act and the Davis-Bacon Act. The reports must be delivered to a representative of a federal or state agency in charge at the building or work site by the contractor or subcontractor within seven days suggested below. of the Copeland "Anti-Kickback Act" to FEMA.31 of the payroll period's payment date.32 25 See 29 C.F.R. $3.1. 26 See 2C.F.R. Part 200, Appendix I,SD; 29 C.F.R. SS 3.1,3.3(c). 27 2C.F.R. Part 200, Appendix II, SD. 28 See 2C.F.R. Part 200, Appendix I,SD; 29 C.F.R. $3.3(c). 29 See 29 C.F.R. $3.11. 30 29 C.F.R. $5 5.5(a)(5). 31 See 2C.F.R. Part 200, Appendix II, SD. 32 See 29 C.F.R. S3 3.4. 21 Follow the other requirements of the Copeland "Anti-Kickback" Act and implementing regulations.33 5.3 Suggested Language The following provides a sample contract clause: "Compliance with the Copeland Anti-Kickback" Act. Contractor. The contractor shall comply with 18 U.S.C. S 874,40 U.S.C. S 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by anysubcontractor or lower tier this contract. subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. S 5.12." 6. Contract Work Hours and Safety Standards Act Where applicable, 34 all contracts awarded by the NFE of more than $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with statutory requirements on work hours and safety standards. 35 Under 40 U.S.C. S 3702, each contractor must base wages for every mechanic and laborer on a standard 40-hour work week. Work over 40 hours is allowed, sO long as the worker is paid at least one and a half times the base pay rate for all hours worked over 40 hours int the work week. Additionally, for construction work, under 40 U.S.C. S 3704, work surroundings and conditions for laborers and mechanics must not be unsanitary or unsafe. Relevant definitions are at 40U.S.C. S 3701 and 29 C.F.R. S 5.2. 6.1 Applicability This required contract provision applies to all procurements over $100,000 that involve the employment of mechanics, laborers, and construction work.3 36 These requirements do not apply to 33 18 U.S.C. $874; 40 U.S.C. S3 3145;290 C.F.R. Part 3. 34 See 40 U.S.C. SS 3701-3708. 36 41 C.F.R. Part 60-1.3. 35 40 U.S.C. SS 3702,3704. The Contract Work Hours and Safety Standards Act is supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, SE. 22 the purchase of supplies or materials or articles ordinarily available on the open market, or contracts fort transportation ort transmission of intelligence.37 6.2 Additional Requirements Ifapplicable per the standard described above, the non-federal entity must include the provisions at 29 C.F.R. S 5.5(b)(1)-(4), verbatim, into all applicable contracts, and all applicable contractors must In addition tot the required language from 29 C.F.R. S 5.5(b)(1)-(4), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. $5 5.1, the NFE must also insert a clause meeting the requirements of 29 C.F.R. S 5.5(c). Specific language include these provisions, in full, into any subcontracts.38 isr not required, but FEMA has provided suggested language below. 6.3 Required Language ease of reference: For the required contract provision, the language from 29 C.F.R. S 5.5(b)(1)-(4) is provided here for "Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require ori involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on: such work to work in excess off forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable fort the unpaid wages. Ina addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation oft the clause set forth in paragraph (b)(1) of this section, int the sum of $271 for each calendar day on which such individual was required or permitted to work in excess oft the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) oft this section. (3) Withholding for unpaid wages and liquidated damages. The (insert name of grant recipient or subrecipient) shall upon its own action or upon written request of an authorized representative of the Department ofl Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other hours worked in excess of forty hours in such workweek. 372C.F.R. Part: 200, Appendix II, SE. 38 29 C.F.R. S 5.5(b)(1), (4). 23 federal contract with the same prime contractor, or any other federally-assisted contract subject toi the Contract Work Hours and Safety Standards Act, which is held byt the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the set forth in paragraph (b)(2) of this section. clauses set forth in paragraphs (b)(1) through (4) of this section." 6.4. Suggested Language For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. S 5.1 where an additional contract provision is required, "Further Compliance with the Contract Work Hours and Safety Standards Act. FEMA: suggests including thet following language: (1) The contractor or subcontractor. shall maintain payrolls and basic payroll records during the course oft the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives oft the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to of hours worked, deductions made, and actual wages paid. interview employees during working hours on thej job." 7. Rights to Inventions Made Under a Contract or Agreement This contract provision outlines the rules governing the ownership of inventions created using federal funds. Ifthe FEMA award meets the definition of funding agreement39 and the NFE enters into any contract involving substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, then the NFE must comply with the requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA. 39F Funding agreement definition found under 37 C.F.R. S 401.2(a). 24 7.1 Applicability This provision does not apply to all FEMA grant and cooperative agreement programs. NFES should refer to applicable NOFO or other program guidance or contact their applicable FEMA grant representative to determine if this provision is required for the procurement. However, the Rights to Inventions Made Under a Contract or Agreement clause is not required for procurements under FEMA's PAI Program. 7.2 Key Definitions Funding Agreements: The regulation at 37 C.F.R. S 401.2(a) defines funding agreement as "any contract, grant, or cooperative agreement entered into between any federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under ai funding agreement as defined in the first sentence of this paragraph." 8. Clean Air Act and Federal Water Pollution Control Act For contracts over $150,000, contracts must contain a provision requiring contractors to comply with the Clean Air Act40 and the Federal Water Pollution Control Act.41 Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency (EPA).42 8.1 Applicability This contract provision is required for all procurements over $150,000. 8.2 Suggested Language The following provides a sample contract clause: "Clean Air Act" The contractor agrees to complywith all applicable standards, orders or regulations issued The contractor agrees to report each violation to the (insert name of non-federal entity entering into the contract) and understands and agrees that the (insert name of the non- federal entity entering into the contract) will, in turn, report each violation as required to pursuant to the Clean Air Act, as amended, 42U U.S.C. S 7401 et seq. 40 42 U.S.C. SS 7401-7671q. This also includes all applicable standards, orders, or regulations issued pursuant to the Clean Air Act. 41 33U.S.C. SS 1251-1387, as amended. 422C.F.R. Part 200, Appendix II, SG. 25 assure notification to the Federal Emergency Management Agency (FEMA), and the The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or inj part with federal assistance provided by FEMA. appropriate Environmental Protection Agency Regional Office. "Federal Water Pollution Control Act" The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to thet federal Water Pollution Control Act, as amended, 33 U.S.C. S 1251 et seq. The contractor agrees to report each violation to the (insert name oft the non-federal entity entering into the contract) and understands and agrees that the (insert name of the non- federal entity enteringi into the contract) will, in turn, report each violation as required to assure notification to the (insert name of the pass-through entity, if applicable), Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole ori in part with federal assistance provided byFEMA." Agency Regional Office. 9. Debarment and Suspension NFES contractors and subcontractors are: subject to debarment and suspension regulations.43 Applicable contracts and subcontracts must include a provision requiring compliance with debarment and suspension regulations.44 9.1 Applicability The debarment and suspension clause is required for all contracts and subcontracts for $25,000 or more, all contracts that require the consent of an official of a federal agency, and all contracts for NFES, even for procurements under $25,000, must also comply with the regulation requiring non- federally required audit services.45 state entities to only award contracts to responsible vendors.46 432C.F.R. Part 180 (mplementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989); 2 C.F.R. Part 3000 (Department of Homeland Security regulations for Nonprocurement Debarment and Suspension,i implementing 2C.F.R. Part 180). 44. 2C.F.R. S 180; 2C.F.R. Part 200, Appendix I,S H;2C.F.R. $3000.332. 46 2C.F.R. S 200.318(h). For contracts and subcontracts under $25,000, a contract provision is only required ift those contracts or subcontracts arei for federally required audit services or require the consent ofai federal agency. However, even where a contract provision is not required, non-state entities must still ensure they are 45 2C.F.R. S 180.220(b);: 2 C.F.R. S 3000.220. only awarding contracts to responsible vendors. 26 9.2 Additional Requirements The debarment and suspension regulations restrict awards, subawards, contracts, and subcontracts with parties that are debarred, suspended, or otherwise excluded, or declared ineligible for Ifapplicable, a contract or subcontract must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM). SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties that are debarred, suspended, or otherwise excluded, or declared ineligible under statutory or regulatory authority other than Executive Ing general, an "excluded" party cannot receive a federal grant award or a contract considered to be a "covered transaction," which includes parties that receive federal funding indirectly such as subawards and subcontracts. The key to the exclusion is whether there is a covered transaction.. A covered transaction is a nonprocurement transaction at either a primary or secondary tier. 50 Specifically, a covered transaction includes the following contracts for goods or services under FEMA participation in federal assistance programs and activities.47 Order 12549.48 SAM Exclusions can be accessed at www.sam.gov.49 grant and cooperative agreement programs: The contract is at least $25,000. The contract requires the approval of FEMA, regardless ofamount. The contract is for federally required audit services. Itisas subcontract for $25,000 or more.51 9.3 Suggested Language The following provides a debarment and suspension clause. It also incorporates an optional method of verifying that contractors are not excluded or disqualified52: 47 See 2C.F.R. Part 200, Appendix II, SH;2C.F.R. S 200.213. See also 20 C.F.R. Parts 180, 3000. 50 The regulations at 2C.F.R. Parts 180 and 3000 are titled nonprocurement because they do not apply to procurements by the federal government but rather to federal financial assistance. There are separate debarment and suspension regulations covering procurements byt the federal government. However, although the term "covered transactions" under 2 C.F.R. Parts 180 and 3000 does not include contracts awarded by the federal government, it does include some contracts awarded by recipients and subrecipients. 52 Per 2C.F.R. S 180.300, non-federal entity about to enter into an applicable contract, or a contractor about to entire into an applicable subcontract, must verify that the contractor or subcontractor is not excluded or disqualified by doing one of three things: 1) check SAM Exclusions; 2) collect a certification from the contractor or subcontractor; or 3) add a clause or condition to the contract or subcontract. The additional suggested 48 See 2 C.F.R. Part 200, Appendix II, SH. 49 2C.F.R. S: 180.530. 51 See 2C.F.R. SS 180.220, 3000.220. language int this sample clause is for purposes of this requirement. 27 "Suspension and Debarment This contract is a covered transaction for purposes of 2C.F.R. Part 180 and 2 C.F.R. Part 3000.. As such, the contractor is required to verify that none of the contractor's principals (defined at 2C.F.R. S 180.995) or its affiliates (defined at 2C.F.R. S 180.905) are excluded (defined at 2C.F.R. S 180.940) or disqualified (defined at 2C.F.R. S 180.935). The contractor must comply with 2 C.F.R. Part 180, subpart C and 2C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier This certification is a material representation of fact relied upon by (insert name of reciplent/subreciplent/applicant). Ifiti is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2C.F.R. Part 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart Cand 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include: a provision requiring such compliance in its lower tier covered transactions." covered transaction it enters into. 10. Byrd Anti-LoDbying Amendment NFES who intend to award contracts of more than $100,000, and their contractors who intend to award subcontracts of more than $100,000, must include a contract provision prohibiting the use of federal appropriated funds to influence officers or employees of the federal government. Contractors that apply or bid for a contract for more than $100,000 must also file the required certification Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting toi influence an employee of a federal agency, a Member of Congress, an employee of Congress, or an employee of a Member of Congress in connection with receiving any federal contract, grant, or other award covered by 31 U.S.C. S 1352. regarding lobbying.53 53 See 2 C.F.R. Part 200, Appendix II, SI (citing 31 U.S.C. S 1352); 44 C.F.R.S 18.110. 28 The required certification form is found in FEMA regulations. 54 Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal funding. These disclosures are forwarded from tier to tier, all the way up to the federal awarding agency.55 10.1 Applicability The Byrd Anti-Lobbying Amendment clause and certification are required for contracts of more than $100,000, and for subcontracts of moret than $100,000. 10.2 Suggested Language The following provides a sample contract clause: "Byrd Anti-Lobbying Amendment, 31 U.S.C. S 1352 (as amended) Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies tot thet tier above that it will not and has not used federally appropriated funds to pay any person or organization fori influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, ora an employee of al Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. S 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency." 10.3 Required Certification 10.3.1 REQUIRED CERTIFICATION LANGUAGE Ifapplicable, contractors must sign and submit the following certification to the NFE with each bid or offer exceeding $100,000: "APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, toi the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person fori influencing or attempting to influence an officer or employee 54 See 44 C.F.R. SS 18.100, 18.110; 44 C.F.R. Part 18, Appendix A. FEMA's regulations at 44 C.F.R. Part: 18 implement ther requirements of 31 U.S.C. S 1352 and provides, in Appendix At to Part 18, a copy oft the certification that is required to be completed bye each entity as described in 31 U.S.C. $1352. 55 See 44 C.F.R. SS 18.100, 18.110; 44 C.F.R. Part 18, Appendix B. The specific form for disclosures is referenced in Appendix B1 to 44 C.F.R. Part 18 and is SF-LLL, also available at ntosy/mmgrantsgovas/st424famlahtml. 29 ofan agency, al Member of Congress, an officer or employee of Congress, or an employee of al Member of Congress in connection withi 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 Ifanyf funds other than federal appropriated funds have been paid or will be paid to any person fori 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 al Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and This certification is a material representation ofi fact upon which reliance was placed when this transaction wasi made or entered into. Submission of this certification is a prerequisite for making or enteringi into this transaction imposed by section 1352, Title 31, U.S.C. Any person whot fails to file the required certification shall be subject to a civil penalty of not less federal contract, grant, loan, or cooperative agreement. Lobbying," in accordance withi its instructions. disclose accordingly. than $10,000 and not more than $100,000 for each such failure." 10.3.2 RECOMMENDED: SIGNATURE LINE: Ati the end of the certification language, FEMA recommends including the following signature line. "The Contractor, Suwannee County certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, ifa any. Ina addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, ifany. Signature of Contractor's Authorized Official Name and' Title of Contractor's Authorized Official Travis Land, Chairman 12-5-24 Date" 30 11. Procurement of Recovered Materials An NFE that is a state agency or an: agency of a political subdivision of a state, and the NFE's contractors must comply with Section 6002 of the Solid Waste Disposal Act.56 Applicable NFES must include a contract provision requiring compliance with this requirement.57 This includes contracts awarded by a state agency or political subdivision of as state and its contractors for certain items, as designated by the EPA, with a purchase price greater than $10,000.58 Indian Tribal Governments and nonprofit organizations. are not required to comply with this provision. Additional requirements are listed below. 11.1 Applicability This required contract provision applies to all procurements over $10,000 made by a state agency or an agency of a political subdivision of as state and its contractors. 11.2 Additional Requirements The requirements include: Procuring onlyi items designated in EPA guidelines59 that contain the highest practical percentage of recovered materials consistent with maintaining competition, where the purchase price of the item is greater than $10,000, or the value of the amount ofi items purchased in the preceding Procuring solid waste management services in a way that maximizes energy and resource Establishing an affirmative procurement program for procurement of recovered materials fiscal year was greater than $10,000; recovery; and identified in the EPA guidelines.60 11.3 Suggested Language Thei following provides a sample contract clause: "In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 56 Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. S 6962).: 2C.F.R. s 200.323. 594 40C.F.R. Part: 247. 60 42 U.S.C. S 6962;2C.F.R. S 200.323. 57 See 2 C.F.R. Part 200, Appendix II, sJ(citing: 2C.F.R.S2 200.323). 58 See 2 C.F.R. Part 200, Appendix 1, SJ;2C.F.R. $200.323;40CFR. Part 247. 31 Competitively within at timeframe prowidingforcomplance with the contract performance schedule; Meeting contract performance requirements;or Atar reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at tps/wwepagowsmm/comprehensve procurementguideinne-cpgprogram, The Contractor also agrees to comply with all other applicable requirements of Section 6002 of EPA's Comprehensive Procurement Guidelines webpage: the Solid' Waste Disposal Act." 12. Prohibition on Contracting for Covered Telecommuncations Equipment or Services Section 889(b)(1) of the, John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019 NDAA)and 20 C.F.R. S 200.216, as implemented by FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), prohibit the obligation or expending of federal award funds on certain telecommunication products orf from certain entities for national security reasons. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component ofany system, or as critical technology of any system; b. Enteri into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. system; or 12.1 Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, alll FEMA recipients and subrecipients, and their contractors and subcontractors, are required to include this contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders.61 FEMA: strongly encourages the use of this contract clause for any contracts where 612C.F.R. Part: 200, Appendix II, S K( (citing: 2 C.F.R. S 200.216). 32 FEMA funding will be used regardless of whether the funding is from FEMA declarations or awards issued on or after November 12, 2020. 12.2 Suggested Language Thei following provides a sample contract clause: "Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, thet terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used ini this clause- (1) Section 889(b) of the. John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. S: 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or (2) Unless an exception inj paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds (i) Procure or obtain any equipment, system, or service that uses covered any system, or as critical technology of any system; (b) Prohibitions. from certain entities for national security reasons. from the Federal Emergency Management Agency to: telecommunications equipment or services as a substantial or essential component of (i) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any: system; or (iv) Provide, as part of its performance oft this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, oras critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing- () Aservicei that connects tot the facilities of at third-party, such as backhaul, roaming, ori interconnection arrangements; or 33 (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also dor not apply to: (i) Covered telecommunications equipment or services that: i.Are not used as as substantial or essential component of any system; and l.Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, ort the contractor is notified ofs such bya subcontractor at any tier or by any other source, the contractor: shall report the information in paragraph (d)(2) of this clause tot the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting thei information. (2) The Contractor shall report thet following information pursuant to paragraph (d)(1) of this (1) Within one business day from the date of such identification or notification: The contract number; the order number(s), ifa applicable; supplier name; supplier unique entityi identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)() of this clause: Any further available information about mitigation actions undertaken or recommended. Ina addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of clause: covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments." 34 13. Domestic Preferences for Procurements As appropriate, and to the extent consistent with law, NFES should, to the greatest extent practicable under at federal award, provide a preference fort the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.62 13.1 Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMAI recipients and subrecipients are required toi include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.63 13.2 Suggested Language The following provides a sample contract clause: "Domestic Preference for Procurements As appropriate, and toi the extent consistent with law, the contractor should, tot the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, fori iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the Manufactured, products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." United States. 62 See 2C.F.R. S 200.322. also bei included in all subawards. 63 2C.F.R. Part 200, Appendix II, SL( (citing 2 C.F.R. S 200.322). Ther requirements of 2 C.F.R. $200.322 must 35 Attachment E Certification RegardingLobbying APPENDIX. A, 44CFR PART 18 -CERTIFICATION REGARDING LOBBYING Certification: for Contracts, Grants, Loans, and Cooperative. Agreements The undersigned certifies, to thel best of his or her knowledge: and belief, that: 1. NoF Federal appropriated funds havel been paid or willl bep paid, by or on behalf of the undersigned, to any person for influencing or attempting toi influence an officer or employee ofa an agency, al Member of Congress, an officer or employee of Congress, or an employee ofa al Member of Congress in connection with the awarding of any Federal contract, ther 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 ofa any Federal contract, grant, loan, or cooperative agreement. 2. Ifany funds other than Federal appropriatedi funds havel been paid or willl be paid to any person for influencing or attempting to influence an officer ore employee ofa any agency, al Member of Congress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Reportl Lobbying," in accordance withi its instructions. 3. The undersigned shall require that thel language of this certification bei included int the award documents fora all subawards at allt tiers (including supcontracts, subgrants, and contracts under grants, loans, and cooperative agreements): and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation oft fact upon which reliance was placed when this transaction was made ore entered into. Submission of this certification is ap prerequisite for making ore enteringi intot thist transaction imposed by section 1352, title 31, U.S. Code. Any person whot fails tot file the required certification shall be subject to ac civil penalty ofn notl lesst than $10,000 andi notr more than $100,0001 for each suchi failure. accuracy ofe each statement ofi its certification and disclosure, ifany. Ina addition, the Contractor understands and agrees thatt the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, The Subrecipient or contractor, Suwannee County apply tot this certification and disclosure, ifany. Signature of Subrecpentconractors Authorized Official Name and" Title of Subrecpenlcontractors Authorized Official certifies or affirms thet truthfulness and Travis Land, Chairman 12-5-24 Date 36 ATTACHMENT F (PUR1355) FOREIGN COUNTRY OF CONCERN ATTESTATION This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity access to an individual's Personal Identifying Information. Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C. Name of entity is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign County of Concern does not have a Controlling Interest in the entity. Under penalties of perjury, I declare that I have read thet foregoing statement and that the facts stated in it are true. Printed Name: Travis Land Title: Chairman Signature: Date: 12-5-24 37