CITY OF ARCHER ARCHER Mayor: Fletcher Hope Vice-Mayor: Iris Bailey Commissioners: Kathy Penny, Joan White, Marilyn Green Interim City Manager: Deanna Alltop January 27, 2025 6:00 P.M. CITY COMMISSION MEETING ARCHER CITY HALL PRAYER CALLTO ORDER PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA ADDITIONS OR DELETIONS TO THE. AGENDA I. Guest Agenda Item 1: Caleb Perla, Powell & Jones Agenda Item 2: Dallas Lee-Budget Amendments, Resolution No 2025-03, FY 24-25 General Fund Budget Amendments Agenda Item 3: Woodard & Curran, Scope of Services and Offerings I1. Public Comment As part ofthe Commission 's public outreach, we invite Archer residents and the members ofthe public to. share their thoughts, suggestions, and concerns at designated times during Commission meetings. Each person is allotted the maximum time ofthree (3) minutes to ensure everyone has an opportunity to be heard and responded to, we ask that you adhere to the following guidelines: Please state your full name (or first name if you prefer) Commission can accurately respond to your request. Please state your question, comment, or concern in as few words as possible. Please try to make it clear what information you want or what problem you want solved SO that the Please be courteous to others and refrain from using language that would be considered insulting, offensive, or insensitive. Thank you for your cooperation. The Commission is here to. serve. you. 16870 SW 134TH AVE., P.O. BOX39- - ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 II. Old Business Agenda Item 1: Fraud Hotline- Register for Services, Terms of Use and Test Examples Agenda Item 3: Advance Pay Letter Request for Holly Hills Stormwater Pond Improvements Agenda Item 2: Unrestricted Fund Balance/Net Position (reserves) Grant with SRWMD IV. New Business Agenda Item 1: Resolution No 2025-02, Approving the Certain Federally Funded Subaward and Grant Agreement between the City and Florida Division of Emergency Management (FEMA) for Hurricane Helene Agenda Item 2: Financial Audit Memorandum Response Letter Agenda Item 3: AACH-Holly Hills Community Center Grant Withdrawal Letter V. Public Comment Period As part of the Commission ' public outreach, we invite. Archer residents and the members of the public to share their thoughts, suggestions, and concerns at designated times during Commission meetings. Each person is allotted the maximum time of three (3) minutes to ensure everyone has an opportunity to be heard and responded to, we ask that you adhere to the following guidelines: Please state your full name (or first name if you prefer) Commission can accurately respond to your request. Please state your question, comment, or concern in as few words as possible. Please try to make it clear what information you want or what problem you want solved sO that the Please be courteous of others and refrain from using language that would be considered insulting, offensive, or insensitive. Thank you for your cooperation. The Commission is here to serve. you. VI. Adjournment 16870 SW 134TH AVE., P.O. BOX39-ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 CITY OF ARCHER ARCHER I. Guest Agenda Item 1: Caleb Perla, Powell &. Jones-Address any FY 23 Audit Questions Staff Recommendation: Approved by City Attorney on: Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: Approve/Disapprove Staff Recommendation CITY OF ARCHER RCHER I. Guest Agenda Item 2: Dallas Lee-Budget. Amendments, Resolution No 2025-03, FY 24-25 General Fund Budget Amendments Staff Recommendation: Approve Resolution No 2025-03 Approved by City Attorney on: Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: Approve/Disapprove Staff Recommendation RESOLUTION NO: 2025-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ARCHER, FLORIDA, ADOPTING BUDGET AMENDMENTS TOTHE FISCAL YEAR 2024-2025 GENERAL FUND BUDGET; AND PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, after studies of thej proposed budget ofthe City of Archer, for the fiscal year beginning on October 1, 2024, and ending September 30, 2025, the City Commission did, by motion, approve and adopt the budget for said fiscal year, by Resolution 2024-25; and WHEREAS, the City of Archer, must adopt amendments to the budget; and WHEREAS, Section 166.241(2), Florida Statutes, requires that appropriations for said fiscal year be made for all expenditures and that appropriations not exceed revenues; and WHEREAS, Section 166.241(4)(c), Florida Statutes requires that the budget amendment must be adopted in the same manner as the original budget, unless otherwise specified in the municipality'sc charter; and WHEREAS, Section 166.241(5), Florida Statutes requires that if the governing body amends the budget pursuant to paragraph (4)(c) the adopted amendment must be posted on the official website within five (5) days of adoption; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE SECTIONONE: Each WHEREAS" clause set forth above: ist true and correct and herein SECTION TWO: The City's adopted budget for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, isl hereby amended as set forth inl Exhibit A, attached hereto CITY OF ARCHER: incorporated by this reference. and expressly made aj part hereof. SECTION THREE: This Resolution shall be posted on the City's website within five(5) SECTION FOUR: Ifany clause, section, or other part ofthis Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the days of adoption. remaining portions of this Resolution. CityofArcher Resolution. 2025-03 Page 20 of2 Budget Amendments FY2 2024-2025, General Fund SECTIONI FIVE: All resolutions or parts of resolutions in conflict herewith are hereby SECTION SIX: This Resolution shall take effect immediately upon its adoption. ADOPTED, by an affirmative vote ofai majority ofa quorum present of the City Commission of repealed to the extent ofs such conflict. the City of Archer, Florida, at ai regular meeting, this 27th day of. January 2025. ATTEST: Deanna Alltop, Interim City Manager Fletcher Hope, Mayor APPROVED AS TO FORM AND LEGALITY: Danielle C. Adams, City Attorney or Kiersten N. Ballou, City Attorney 6f 8888 388888 A 600 38888 688 8888 as - 688 88888 60 CITY OF ARCHER ARCHER I. Guest Agenda Item 3: Woodard & Curran, Scope of Services and Offerings Staff Recommendation: Consider using Woodard & Curran. Approved by City Attorney on: Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: Approve/Disapprove Staff Recommendation CITY OF ARCHER ARCHER III. Old Business Agenda Item 1: Fraud Hotline- Register for Services, Terms of Use and Test Examples Staff Recommendation: Fraud Hotline does not have a contracVagreement to sign, we register our account online. Staffrecommends moving forward with registering our account and the notices to be sent to the City Attorney, Interim City Manager and one Commissioner. Approved by City Attorney on: Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: Approve/Disapprove SaffRecommendation 16870 SW 134TH AVE., P.O. BOX. 39- - ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 FRAUDILHOTNE REGISTER FOR SERVICES Register For Services FIELDS MARKED WITH * ARE REQUIRED Company Name: * Address: * Street Address City State ZIP Code Primary Contact Name: * ERAUDILPHOIENE Phone: * Password: * Select Password Confirm Password Strength indicator DESIGNATED INDIMDUALSTO RECEIVE REPORTS PLEASE DESIGNATE UP TO THREE (3) INDIVIDUALS TO RECEIVE REPORTS ONI BEHALF OF) YOUR ORGANIZATION. Individual #1 (REQUIRED) Name: * Email: * Individual #2 RECOMMENDED) Name: ERAUDILPHOTENB Select Type of Organization (IF PROVIDED) Ihave read, understand, and agree to the Terms of Use I'm not a robot reCAPTCHA Prvacy- Terms Fraud Hotline, LLC Post Office Box 22024 Santal Barbara, CA93121 www.FRAUDHL.com 1-855-FRAUD-HL info@fraudhl.com ERAUDLHOTNE TERMS OF USE THE SERVICES PROVIDED BY FRAUD HOTLINE, LLC ARE NOT INTENDED TO BE AN EMERGENCY HOTLINE OR SUBSTITUTE FOR CALLING 911 OR OTHER EMERGENCY SERVICE PROVIDERS. IN THE EVENT OF AN EMERGENCY OR TO REPORT IMMEDIATE THREATS TO LIFE OR PROPERTY, YOU SHOULD CALL 911 OR LOCAL EMERGENCY SERVICES. THE FRAUD HOTLINE IS NOT A SUBSTITUTE FOR REPORTING CRIMINAL ALL SUBSCRIBERS, REPORTING PARTIES, AND USERS ACKNOWLEDGE THAT THE INTENTIONAL MISREPORTING OF ANY INFORMATION IS STRICTLY PROHIBITED, AND THAT THE INTENTIONAL MISUSE OF THIS SERVICE MAY RESULT IN CRIMINAL PROSECUTION AND/OR CIVIL LIABILITY. FRAUD HOTLINE, LLC IS NOT RESPONSIBLE AND PROVIDES NO GUARANTEE FOR THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR VALIDITY OF ANY INFORMATION RELATED TO INCIDENTS AND CONCERNS SUBMITTED ANONYMOUSLY AND CONFIDENTIALLY BY THE REPORTING PARTIES AND SUBSEQUENTLY REPORTED TO BY ACCESSING, VISITING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE OR ANY OF FRAUD HOTLINE, LLC'S SERVICES (COLLECTIVELY, THE "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. FRAUD HOTLINE, LLC RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS IN ITS SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE ACTIVITY TO LAW ENFORCEMENT. THE SUBSCRIBER'S DESIGNATED RECIPIENTS. OF SUCH CHANGES. SUBSCRIBERS FRAUD HOTLINE, LLCI has entered into an agreement with the subscriber to provide an anonymous and confidential third-party method of reporting certain incidents and concerns regarding the subscriber's organization that are self-reported by employees, board members, or others that the subscriber provides with access. The type of incidents and concerns may include, but are not limited to: accounting and financial issues (embezzlement, misappropriations, accounting errors, omissions, misrepresentations, financial statement fraud, internal control problems, bribery, kickbacks, corruption, falsification of contracty/eportsyofica records/other documents), compliance and ethics reporting (conflicts of interest, self- -dealing, misuse of company property, theft of nventoy/aset/melecua property, vandalism, sabotage, ethics violations, misconduct), and human resource matters (discrimination, sexual harassment, workplace violence/retaliation, FRAUD HOTLINE, LLC will receive anonymous reports of incidents or concerns from anonymous reporting parties via the secure website form www.fraudhl.com) or toll-free number 1-855-FRAUD-HU). FRAUD HOTLINE, LLC agrees only to reçeive and report incidents and concerns to the subscriber's designated recipients via email as received from the reporting parties and will take no action to address the subject matter or ensure the accuracy, reliability, completeness, timeliness, or validity of any information related to incidents and concerns reported through this system. FRAUD HOTLINE, LLC will not provide anyi identifying information of the reporting parties, unless the reporting parties specifically include their identifying information ini the report. The subscriber maintains full responsibility for reviewing, investigating, acting, substance abuse, privacy law compliance, identity theft, security of personal information, unfair labor practices). or not acting, based upon thei information submitted by ther reporting parties. Page 1of3 O Fraud Hotline, LLC The subscriber agrees that the only service provided by FRAUD HOTLINE, LLCI is to receive and report anonymous information related to incidents and concerns provided by reporting parties tot the subscriber's designated recipients. Each subscriber, its officers, directors, owners, employees and agents release FRAUD HOTLINE, LLC and its respective members, managers, officers, directors, employees, successors, predecessors, or agents and assigns from any and all liability, claims, actions, causes of actions and damages which relate in any way to FRAUD HOTLINE, LLC or the subscriber's actions or failures to take action as the result of having received, or been available to receive, information related to any anonymous and confidential incident or concern reported. FRAUD HOTLINE, LLCI is not a substitute for reporting FRAUD HOTLINE, LLC, its members, managers, officers, directors, employees, successors, predecessors, agents and assigns will not be liable for any loss ori injury caused, in whole or in part, by its actions, omissions, or negligence, ori for contingencies beyond its control, inj procuring, compiling, or deliveringi information; any errors, omissions, ori inaccuracies ini thei information provided regardless of how caused, or delays or interruptions in delivery of information; or any decision made or action taken or not taken orr reliance upon the information furnished. Under no circumstances shall FRAUD HOTLINE, LLC be liable for any! losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the information received by the reporting parties. FRAUD HOTLINE, LLC, its members, managers, officers, directors, employees, successors, predecessors, agents and assigns will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including loss of revenue ori income, pain and suffering, emotional distress ors similar damages. Subscribers will pay an annual fee to FRAUD HOTLINE, LLC to provide service for a period of one (1) year from the date of the original agreement. Subsequent annual fees ands subscriptions will be renewed for additional one (1) year periods and subject tot the terms of use and conditions of FRAUD HOTLINE, LLC. Only subscribers who have paid their annual subscription in full will receive reports submitted by reporting parties. Subscribers are responsible for updating and maintaining the accuracy of their account information using the online account login, including, but not limited to, the primary contact information and contact information for up to three (3) designated individuals that the subscriber self-selects to receive reports submitted to FRAUD HOTLINE, LLC (each and collectively, the Designated Representatives"). If an incident or concern is submitted to FRAUD HOTLINE, LLC, an email containing the information as submitted by the reporting parties will be sent to up to three (3) Designated Representatives within two (2) business days. If any of the three (3) Designated Representatives is specifically named in the incident or concern, FRAUD HOTLINE, LLC will attempt, but in no way guarantees, to remove those specific individual(s) from the email to the Designated Representatives. The subscriber and Designated Representatives assume full responsibility for ensuring the appropriate parties are informed of the incident or concern. No additional correspondence will be provided to the subscriber regarding incidents or concerns reported. FRAUD HOTLINE, LLC and the subscriber may cancel the agreement at anyt time with 30 days written notice. Refunds are at the sole discretion of FRAUD HOTLINE, LLC and may be provided on a pro-rata basis to subscribers who have had noi incidents or concerns reported during the one (1) year subscription. Subscribers who have frequent reports submitted may be subject to cancelation or additional fees. Subscribers are responsible for communicating reasonable and appropriate use of the service with FRAUD HOTLINE, LLC will maintain records of incidents and concerns submitted for a period of one (1) year from the date received. Subscriber is responsible for retaining information related to all incidents and concerns received using the service and for responding to any FRAUD HOTLINE, LLCi is not intended to be used by publicly traded companies, organizations located outside of the United States, or to fulfill Subscribers andr reporting parties agree that any dispute between: a subscriber or reporting party, ont the one hand, and FRAUD HOTLINE, LLC, on the other hand, that cannot be resolved in a mutually satisfactory manner may be submitted to confidential arbitration in Santa Barbara County, California and shall be conducted under the rules prevailing under J.A.M.S.. The Arbitrator's award shall be binding and may be entered as aj judgment in any court of competent. jurisdiction. The Arbitrator shall be authorized to award attorneys' fees and costs to the Subscribers should read "REPORTING PARTIES AND OTHER USERS" and' "PRIVACY POLICY" sections for additional terms and conditions. criminal activity to law enforcement or other federal, state, and local regulatory agencies. employees, board members, and others that thes subscriber provides with access. legal inquiries or subpoenas fori information arising from thei incidents and concerns submitted. an organization's obligations under federal, state, local, or other regulatory agencies. prevailing party, as determined by the Arbitrator. Page 2of3 O Fraud Hotline, LLC REPORTING PARTIES AND OTHER USERS FRAUD HOTLINE, LLC has entered into an agreement with the subscriber to provide an anonymous and confidential third-party method of reporting certain incidents and concerns regarding the subscriber's organization that are self-reported by employees, board members, or others that the subscriber provides with access. The type of incidents and concerns may include, but are not limited to: accounting and financial issues (embezzlement, misappropriations, accounting errors, omissions, misrepresentations, financial statement fraud, internal control problems, bribery, kickbacks, corruption, falsification of contracts/eporsyofica records/other documents), compliance and ethics reporting (conflicts of interest, self-dealing, misuse of company property, theft of nventon/aset/melecua property, vandalism, sabotage, ethics violations, misconduct), and human resource matters (discrimination, sexual harassment, workplace violence/retaliation, Alli information submitted by reporting parties and visitors is voluntary. Submitting information constitutes your consent for FRAUD HOTLINE, LLC to use the information for the purpose stated herein and indicates to us you are aware of the Privacy Policy provisions. Unless you identify yourself, all reports received by FRAUD HOTLINE, LLC are anonymous. Ify you wish to remain anonymous, yous should not provide any information that may personally identify you. Reports provided to the subscriber will include all information submitted by the reporting parties. FRAUD HOTLINE, LLC is not responsible for potential monitoring and/or tracking of information submitted via telephone ori internet from within your organization or through equipment provided by your organization. FRAUD HOTLINE, LLC does not investigate or resolve issues or concerns: submitted by reporting parties. You understand and acknowledge that the sole obligation of FRAUD HOTLINE, LLC, to you ist tor receive your report and deliver via email the information you have submitted to the subscriber's Designated Representatives. Please be advised that the subscriber, and not FRAUD HOTLINE, LLC, is solely responsible to evaluate the information submitted and to comply with all Each reporting party and his or her heirs and successors release FRAUD HOTLINE, LLC and its respective members, managers, officers, directors, employees, successors, predecessors, or agents and assigns from any and all liability, claims, actions, causes of actions and damages which relate in any wayt tol FRAUD HOTLINE, LLC or thes subscriber's actions orf failures tot take action as the result of having received, or been available to receive, information related to any anonymous and confidential incident or concern reported. FRAUD HOTLINE, LLCis not a substitute for reporting criminal activity to law enforcement or other federal, state, andl local regulatory agencies. FRAUD HOTLINE, LLC will not be liable for any loss or injury caused, in whole or in part, byi its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information; any errors, omissions, or inaccuracies in the information provided regardless of how caused, or delays or interruptions in delivery of information; or any decision made or action taken or not taken or reliance upon the information furnished. Under no circumstances shall FRAUD HOTLINE, LLC be liable for any losses or damages whatsoever, whether in The sites linked to and from the FRAUD HOTLINE, LLC website (www.fraudhl.com) are not maintained by FRAUD HOTLINE, LLC and therefore FRAUD HOTLINE, LLC does not assume any responsibility or liability for any communications or materials available at such linked sites. FRAUD HOTLINE, LLC does not intend for the links provided on the website to be referrals or endorsements of the linked entities, and are provided Reporting parties and other users should read "SUBSCRIBERS" and "PRIVACY POLICY" sections for additional terms and conditions that may These terms shall be governed and interpreted by the internal laws of the State of California, without giving effect to any principles of conflicts of law. The subscribers andi the reporting parties and any user: specifically consent to personal jurisdiction in California in connection with any dispute between you and FRAUD HOTLINE, LLC arising out of these Terms or pertaining tot thes subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in Santa Barbara, California. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists Questions or comments regarding the TERMS OF USE and/or PRIVACY POLICY should be submitted to FRAUD HOTLINE, LLC by mail to: Fraud Hotline, LLC, Post Office Box 22024, Santa Barbara, CA93121 or by email toi info@fraudhl.com. Please review the terms of use frequently for updates. Changes to these terms will be posted as they are made. We reserve the right to modify these terms of use at any time. substance abuse, privacy law compliance, identity theft, security of personal information, unfair labor practices). applicable local, state orf federal laws relating to thei investigation and protection oft thei information submitted. contract, tort or otherwise, fromi the use of, or reliance on, thei information received by ther reporting parties. for convenience and reference only. apply. between you and FRAUD HOTLINE, LLCasa a result oft these Terms ory your use ofi this Web Site. Page 3of3 O1 Fraud Hotline, LLC Deanna Alltop From: Sent: To: Subject: Attachments: Tist A Fraud Hotline Reports repors@fraudhl.com> Wednesday, January 15, 20256:51PM Deanna Alltop Archer01-15-2025pdh AI Fraud Hotline Report Was Received for Your Organization You don'to often get emailf from reports@fraudhlcom, Learn whyt this is important To Whom It May Concern: The attached report for Archer was submitted to Fraud Hotline on 01-15-2025. Please refer to the Terms of Use and Privacy PAly/AwwwAERALDHLCOM Thank you fort the opportunity to be of service. Regards, Fraud Hotline, LLC 1 TSHA1 ERAUDILPHOTENE Thei following report for your organization was submitted to Fraud Hotline on 01-15-2025 BEGIN REPORT Company ID: Company Name: Type of concern: Archer City of Archer, Archer, FL3 32618 General suggestions for improvement Name(s) of person(s) you are concerned with: Test Details of concern: would like to see our parks have more picnic tables. END REPORT TAKEN. AS DESIGNATED REPRESENTATIVES OF YOUR ORGANIZATION, YOU ASSUME FULLI RESPONSIBILITY FORI ENSURING THE APPROPRIATE PARTIES ARE INFORMED OF THE INCIDENT OR CONCERN. AND THAT APPROPRIATE ACTION IS TAKEN OR NOT FRAUD HOTLINE, LLC DOES NOT INVESTIGATE OR RESOLVE ISSUES OR CONCERNS SUBMITTED BY REPORTING PARTIES. FRAUD HOTLINE, LLCI ISI NOT RESPONSIBLE ANDI PROVIDES NO GUARANTEE FOR1 THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR VALIDITY OF ANY INFORMATION RELATED TO INCIDENTS AND CONCERNS SUBMITTED ANONYMOUSLY. AND CONFIDENTIALLY BY THE REPORTING PARTIES ANDI INCLUDED IN THIS REPORT. THE SERVICES PROVIDED BY FRAUD HOTLINE, LLC ARE NOT INTENDED TO BE AN EMERGENCY HOTLINE OR SUBSTITUTE FOR CALLING 911 OR OTHER EMERGENCY: SERVICE PROVIDERS. IN THE EVENT OF AN EMERGENCY OR TO REPORT IMMEDIATE THREATS TOI LIFE OR PROPERTY, YOU SHOULD CALLS 911 OR LOCAL EMERGENCY: SERVICES. THE FRAUD HOTLINE ISI NOTA SUBSTITUTE FOR REPORTING CRIMINAL: ACTIVITY TOI LAW ENFORCEMENT. PLEASE REFER TO THE TERMS OF USE AND PRIVACYPOLICY. AT) WWW.FRAUDHLCOM THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE. REGARDS, FRAUD HOTLINE, LLC Post Office Box 22024 o Santa Barbara, CA 93121 e Www.FRAUDHL.com oi info@fraudhl.com CITY OF ARCHER ARCHER III. Old Business Agenda Item 2: Unrestricted Fund Balance/Net Position (reserves) Staff Recommendation: Approved by City Attorney on: Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: Approve/Disapprove Staff Recommendation 16870 SW 134TH AVE., P.O. BOX: 39. - ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 E A D I - 0 2 E C 1 A e D0 a -S D E9 E 5 5 0 - 8 5 , S - 5 2 3 > a e 5 S $$ $ $S a 3 + A 5 9 3 3 N 6 3 2 5 A 3 00 5 N / a de 80 ) 58 2 5 o o a - VVV 5-S 5 4 o B 1 5 9 o 5 i3 a 5 3 8 CITY OF ARCHER ARCHER II. Old Business Agenda Item 3: Advance Pay Letter Request for Holly Hills Stormwater Pond Improvements Grant with SRWMD Staff Recommendation: Approve advance pay letter. Approved by City Attorney on: Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: Approve/Disapprove Staff Recommendation 16870 SW 134TH AVE., P.O. BOX3 39- - ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 CITY OF ARCHER ARCHER ESTABLISHED 1842 Mayor: Fletcher Hope Vice-Mayor: Iris Bailey Commissioners Kathy Penny Joan White Marilyn Green Interim City Manager Deanna Alltop January 27,2025 Justin Hughes, PMP Project Manager 9225 CR49 Live Oak, FL32060 Contract Number 24/25-039 Holly Hills Stormwater Pond Improvements Dear Mr. Hughes, Suwanee River Water Management District The City of Archer is in the planning phase for the Holly Hills Stormwater Pond Improvements. The contractor invoices are estimated to exceed the City's budget tol be able to pay the invoices and wait for reimbursement. The City of Archer has multiple ongoing capital improvement projects that provide additional constraints on the budget. Advanced monetary assistance is needed to meet the financial obligations under this grant. The City is formally requesting that 1. Provide payments for each designated task on a monthly basis based on percentage completion oft tasks as documented inj progress reports. Deliverables will be provided as 2. Provide payments to the City based upon invoices and progress reports with the City paying contractors after they received funds from SRWMD. Each subsequent payment request would include the cancelled checks showing proper disbursement of previous SRWMD: each task is completed. payments Thank you for your attention to this matter. Sincerely, Deanna Alltop, Interim City Manager 16870 SW 134TH AVE., P.O. BOX39-4 ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 Deanna Alltop From: Sent: To: Cc: Subject: Deanne, Justin Hughes Msthfugrseswmaog" Friday, January 17, 20252:13PM Deanna Alltop Mary Diaz; Leroy Marshall Advanced Pay for Grant Agreements Inc order for us to officially consider including advanced payi in an agreement, we require a formal letter from the city requesting advance funding for the specific project agreement, int this current case, Holly Hills Stormwater Pond Improvements, contract number 24/25-039. Please ensure the letter states why advanced payi is needed and Isuggest getting this to us ASAP sO we can get a decision to you before the 61 Feb deadline. Justin Hughes, PMP Project Manager II Suwannee River' Water Management District 9225 CR49, Live Oak, FL: 32060 386.362.1001 (Main Office) usin-ughes@smemiong wmpSuMATReENeIcon All E-mail sent to and from this address may be public records. The Suwannee River Water Management District does not allow use of the District E-mail system and other equipment for non-business related purposes. ALL E-mail sent to and from this address may be public records. The Suwannee River' Water Management District does not allow use of the District E-mail system and other equipment for non-business related purposes. CITY OF ARCHER ARCHER IV. New Business Agenda Item 1: Resolution No 2025-02, Approving the Certain Federally Funded Subaward and Grant Agreement between the City and Florida Division of Emergency Management (FEMA) for Hurricane Helene Staff Recommendation: Approve Resolution No 2025-02 Approved by City Attorney on: January 15,2025 Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: Approve/Disapprove SlaffRecommencdation 16870 SW 134TH AVE., P.O. BOX. 39-A ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 RESOLUTION NO 2025-02 CITY OF ARCHER, FLORIDA A RESOLUTION OF THE CITY OF ARCHER, FLORIDA APPROVING THAT CERTAIN FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT BETWEEN THE CITY AND FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR HURRICANE HELENE; MAKING CERTAIN FINDINGS OF FACT IN SUPPORT OF THE CITY APPROVING SAID AGREEMENT; RECOGNIZING THE AUTHORITY OF THE MAYOR TO EXECUTE AND BIND THE CITY TO SAID AGREEMENT; DIRECTING THE MAYOR TO EXECUTE AND BIND THE CITY TO SAID AGREEMENT; REPEALING ALL PRIOR RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about September 26, 2024, Hurricane Helene hit Florida in the Big Bend WHEREAS, the Federal Emergency Management Agency (FEMA) funded a grant for communities to respond to and recover from major disasters or emergency and for limited WHEREAS, the City desires to enter into that certain Federally Funded Subaward and Grant Agreement with FEMA and the Florida Division of Emergency Management as the pass- through entity by adopting the terms of the proposed contract with Vendor in the form of the WHEREAS, entering into this Federally Funded Subaward and Grant Agreement is in the area as a Category 4 hurricane; and mitigation measures; and Exhibit attached hereto (he-"Agreement"): and public interest and in the interests oft the City; now therefore BE IT RESOLVED by the City Commission of the City of Archer, Florida: 1. Entering into this Federally Funded Subaward and Grant Agreement is in the public or 2. In furtherance thereof, the Agreement in the form of the Exhibit attached hereto should be 3. The Mayor of the City of Archer is the officer of the City duly designated by the City's Code of Ordinances to enforce such rules and regulations as are adopted by the City 4. In the absence of the Mayor, the Vice-Mayor oft the City of Archer is the officer ofthe City duly designated by the City's Charter and/or Code of Ordinances to commit the City to contractual obligations as such contracts are adopted by the City Commission oft the City of community interest and for public welfare; and and is approved by the City Commission oft the City of Archer; and Commission of the City of Archer; and Archer; and Pagelof2 City of Archer, Florida Resolution 2025-02 Florida Division of Emergency Management Hurricane! Helene DR4828 Agreement No. Z4542 5. The Mayor oft the City of Archer is authorized to execute on behalf of and bind the City to 6. The Mayor of the City of Archer is directed to execute on behalf ofa and bind the City to the 7. All prior resolutions of the City Commission of the City of Archer in conflict with this 8. This resolution shall become effective and enforceable upon final passage by the City APPROVED AND. ADOPTED, by an affirmative vote ofa majority ofa quorum present ofthe City Commission of the City of Archer, Florida, at ai regular meeting, this 27th day of. January the terms oft the Agreement; and terms oft the Agreement; and resolution are hereby repealed to the extent ofs such conflict; and Commission oft the City of Archer. 2025. BY THE MAYOR OF THE CITY OF ARCHER, FLORIDA Fletcher Hope, Mayor ATTEST, BY THE CLERK OF THE CITY COMMISSION OF THE CITY OF ARCHER, FLORIDA: Deanna Alltop, Interim City Manager APPROVED AS TO FORM AND LEGALITY: Danielle C. Adams, City Attorney or Kiersten N. Ballou, City Attorney Page 2of2 Agreement Number: Z4542 FEDERALLYFUNDED SUBAWARD AND GRANT AGREEMENT for- Hurricane Helene DR4828 The following Agreement is made and information is provided pursuant to 2 CFR $200.332(a)(1): name: Subrecipient's Subrecipient's unique entity identifier: Federal Award Date: Archer, City of TAQTL65FL9N3 09/29/2024 09/23/2024 - 03/28/2025 09/23/2024 - 03/28/2026 N/A Subaward Period of Performance Start and End Date (CatA A-B): Subaward Period of Performance Start and End Date (Cat C-G): Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated tot the Subrecipient by the pass-through entity to include this Agreement: Total Amount of 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 disasters or emergencies and for limited mitigation Department of Homeland Security (DHS) Federal Emergency Management Agency Florida Division ofE 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 for the pass-through entity: Assistance Listing Number (Formerly CFDAI Number): Indirect cost ratei 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 Tallahassee, Florida (hereinafter referred to as the "Agency" or" "FDEM"), and Archer, City of (hereinafter referred to as the' Subrecipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Subrecipient represents that iti 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 tot the Subrecipient. THEREFORE, the Agency and the Subrecipient agree tot thet following: (1) APPLICATION OF STATE LAWTOTHIS 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 thet 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 bet 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. ii. Monitor and document Subrecipient performance; and Review and document: all deliverables for which the Subrecipient requests payment. . The Agency's Grant Manager for 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, FL: 32399-2100 (850)815-4469 Slephane.Malet@em.myflorida.com Telephone: Email: C. The name and address of the Representative of the Subrecipient responsible for the administration of this Agreement is: Name: Address: Telephone: Email: 2 Int the event that different representatives or addresses are designated by either party after execution oft this Agreement, notice oft the name, title, and address oft the new representative willl be provided tot 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 alli thet 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 oft the parties, and attached to the original of this Agreement. (7) SCOPEC OF WORK substantiate work completed. The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to (8) PERIOD OF AGREEMENTPERIOD OF PERFORMANCE Thel Period of Agreement establishes at timeframe fora all Subrecipient contractual obligations tol 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 fort this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere int 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 bep performed during thet timeframes established and approved by FEMA for each Category of Work type. (9) FUNDING a. The amount of total available funding fort this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Subrecipient for DR 4828- - Hurricane Helene. Payments to Subrecipients are contingent upon the granting of budget authority toi the Agency. b. Pursuant to section 252.37(5)(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 match requirement. The local government must apply fort the waiver in accordance with Section 252.37(5)(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 orj 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 of indirect costs must have an approved federally recognized indirect cost rate agreement (see 2 C.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. C. As required by 2 CFR 200.305 (b.) (8) and (9), The non-Federal entity must maintain advance payments of Federal awards ini interest bearing accounts. (11)FLORIDA RECOVERY OBLIGATION CALCULATION (F-ROC) If 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 willl 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 int the executed F-ROC Participation Request Form: a. The score is made up oft three components: ii. Upt to a 40% score for completing the DRA. iti. Upto a20% score for completing the PDQ. .2 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 oft 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 al 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 oft 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 thei 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 oft the invoice, and be mailed directly tot 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 showi 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 ofi five (5) years from the date of submission of thet 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, andt tribal laws regarding privacy andresponsibility over confidentiality. b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants to! bep paid fromi funds provided undert this Agreement, including documentation of all program costs, ina at forms 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 of 2009, Pub. L. 111-5). 5 (14) AUDITS a. The Subrecipient shall comply with the audit requirements contained in 2CFR Part 200, Subpart F. 0. 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 oft the [Subrecipient) which are pertinent toi the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to 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)). C. - As required by 2 CFRS200.3321aX6). the Agency, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the 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 thel Recovery Bureau's overall monitoring program. e. The subrecipient agrees to submit the Federal Single Audit report to the Agencyi 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 thel 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-December 31 January 1-N March 31 April1-June: 30 July1 1- September 30 Deadline January 15 April 15 July 15 October 15 Quarter 1 (Q1) Quarter 2 (Q2) Quarter 3 (Q3) Quarter 4 (Q4) 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 6 closeout of each project in the Agency's Grant Management System. The ending dates for each quarter of the 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 ber 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 met. b. The Subrecipient agrees to comply and cooperate with any monitoring proceduresprocesses deemed appropriate by the Agency. Ini 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 regarding such audit. CFRS20033240)2). (17). LIABILITY 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 enhanced oversight and monitoring by the Agency as authorized by 2 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 ito deals withi in carrying outt thet terms of this Agreement. As authorized by section768.28(19), Florida Statutes, Subrecipient shall holdt the Agencyh harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Subrecipient agrees thati 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 to! bet 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 setf 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 will 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 CFRS 200.318 through 200.327 as well as Appendix II to2 CFR 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: tps/www.emagowgransprocurement b. 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 forp 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: andi its employees and/ori their contractors harmless from liability tot third parties for claims asserted under such contract. C. 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 ini the property at least to the amount of state funds provided for at least five (5) years from the date of purchase ort the completion of thei improvements or as f. 2. Ifa applicable, pursuant to section 255.0993, Florida Statutes, the Subrecipient shall ensure that any 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 toi its own progress. as applicable. further required by law. deliverable(s) resulting from this project, is produced ini the United States. (20) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. Inthee event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. This Agreement has thet 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: Z4542 INWITNESS WHEREOF, the parties hereto have executed this Agreement. Archer, City of SUBRECIPIENT: By: Name: Title: Date: (Signature) STATE OF FLORIDA DIVISION OF EMERGENCYMANAGEMENT By: Alternate Governor's Authorized Representative Date: Attachment A SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work by FEMA. FEMA 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 oft this agreement, each project willl be a 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 of 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'. Thei final action is to identified ini the Scope of Work, the approved PW, and subsequent PW versions, if applicable. advance the form tot 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 a portion off funding upi to thet full amount int the event thatt the Subrecipient fails to be 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 ber reimbursed only fore eligible costs incurredi 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 ai 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 toi impose financial consequences fori instances of non-performance or non-compliance not circumstances beyond the Subrecipient's control. actual allowable costs incurred during the period of performance as at 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 the new event. The Systems Access Form is originally submitted as Attachment "B" to the PA 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. Anew form will only ber needed ifall listed contacts have separated fromi the Agency. Ifanew Systems Access formi issubmitted, all Agency Representatives currently listed as contacts that are noti 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 of 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 RPAHepgenmdeiaron Thei form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" - This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. A subsequent new Authorized. Agent must be designated through a letter on letterhead from the Subrecipient's Authorized Representative. Iti 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 Management-nsurance. and Ervronmenta-Histono. Providing these contacts is essential ini the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 - 12: "Other" (Read Only Access) - There is no limit on "Other" contacts, but we ask that this be restricted tot those that are going to actually need tol logi in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read-Only" designation cannot take any action in 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 ACCESSFORMI (CONTACTS) FEMAIGRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDAI DIVISION OF EMERGENCY MANAGEMENT Subrecipient:, Archer, City of Box 1: Name Signature Organization/Oficial Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Box: 3: Name Signature Organization/Omical. Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Name Signature Organization/Otical. Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Authorized. Agent (FullA Access) Box2: Name Signature Organization/Oficial Position Mailing Address City, State, Zip Daytime Telephone E-mailA Address Name Signature Organization/Oficial Position Mailing/ Address City, State, Zip Daytime Telephone E-mail Address Name Signature Organization/Oficial Position Mailing Address City, State, Zip Daytime Telephone E-mail Address rmayConactpiksa) Alternate Contact (Full Access) Box 4: Otner-Finance.roint of Contact (Full Access) Box5 5: Other-Risk Mgmt-Insurance (Full Access) Box 6: Other-Environmental-Historic (Full Access) The above contacts may utilize the FDEM Grants Management System top perform the Subrecipient's responsibilties regarding the Public Assistance Granta accordingt tot their level ofa access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date. Subrecipient Authorized Representative Signature Date 12 SYSTEMS ACCESS FORM (CONTACTS) FEMAIGRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCYI MANAGEMENT Subrecipient: Archer, City of Date: Other (Read Only Access) Box7: Name Signature Organization/Oficial Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Box 9: Name Signature Organzation/Ofical Position Mailing/ Address City, State, Zip Daytime Telephone E-mail Address Box 11: Name Signature Organization/Ofical Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Other (Read Only Access) Box 8: Name Signature Organization/Olicial. Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Box 10: Name Signature Organization/Oficial Position Mailing/ Address City, State, Zip Daytime Telephone E-mail Address Box1 12: Name Signature Organization/ /Officiall Position Mailing Address City, State, Zip Daytime Telephone E-mailA Address Day: Other (Read Only Access) Other (Read Only Access) Other (Read Only Access) Other (Read Only Access) Subrecipient's Fiscal Year (FY) Start: Month: Subrecipient's: FIPS Number (If Known) Subrecipient's Federal Employer's Identification Number (EIN) 59-6002500 Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management 001-01775-00 13 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and' VOLUNTARY EXCLUSION The Subrecipient certifies, tot thel best of its knowledge and belief, thati it andi its principals: excluded from covered transactions by any Federal department or agency; transactions (Federal, State, orl 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 oft fact upon which reliance was placed when this transaction was made or entered into. Archer, Subrecipient's Name Z4542 FDEM Contract Number of City By: Signature Name and" Title 401 W. Main Street Street Address Archer, FL, 32618-0039 City, State, Zip Date 14 Required Contract Provisions 1. Remedies Contracts for more than thet 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 ini 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 ina all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract musti include a clause addressing that non-delivery byt 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 ofi 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.6 2.1 Applicability This contract provision is required for procurements exceeding $10,000. FEMA suggests including a termination for cause and for convenience in all contracts even when not required. 4 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 2C.F.R. Part Purchase and Simplified Acquisition Thresholds (Aug. 28, 2018), tAemaso/stsdEaNts2VA0 2001 that were made before. June 20, 2018, the SAT was $150,000. 52C.F.R. Part 200, Appendix ,SA. 6$ See 20 C.F.R. Part 200, Appendix II, SB. 15 3. Equal Employment Opportunity Any contract that uses federal funds to pay 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 ai federally assisted construction contract as "any agreement or modification thereof between any applicant and a person for construction work which is paid fori in whole or in part withi funds obtained from the Government or borrowed on the credit oft 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 bei found at 41 C.F.R. S 60-1.3. toi the actual construction." subcontract or any federally assisted construction contract or subcontract." 3.3 Required Language The regulation at 41C.F.R. S6 60-1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R. Part 60, thei insertion of thet following contract clause: "During the performance oft 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, andi that employees are treated during employment without regard to their race, color, religion, sex, sexual contract, the contractor agrees as follows: 7 See 20 C.F.R. Part 200, Appendix Il, SC. 16 orientation, gender identity, or national origin. Such action shall include, but not be limited tot 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 oft 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 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 shall not apply toi instançes in which an employee who has access tot 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 isi in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted byt 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 all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders oft 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 of the contractor's noncompliance with the nondiscrimination clauses oft 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 andi 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 oft 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) ine every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labori issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction 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 will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that ift the applicant so participating is as 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 fort the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D ofi the Executive Order. In addition, the applicant agrees that ifi it fails or refuses to comply with these undertakings, the administering agency may take any or all oft thei following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance toi the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance off 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 29C.F.R. S 5.2. NFES should refer tot the applicable NOFO or 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 thet 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,141 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 PAI Program. - 8Seei id.; 40 U.S.C. SS 3141-3144 and 3146-3148. The Davis-Bacon Acti 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 6110)(9) oft the Robert T. Stafford Disaster Relief and Emergency. Assistance. Act (Stafford. Act), 11 See section 2008b)(4XB)0), ofi the! Homeland. Security Act of 2002, Pub. L. No. 107-296 (codified as amended at 6U.S.C. S 609(b)(4)B)() (citing tos section 611J9) of the! Stafford Act). 12 Id. The Davis-Bacon Act only applies toi 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 II, 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 as a stand-alone program where the! Davis-Bacon Act does not apply, but as oft 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 toi the Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of section 6110)(8) to 6110X9). 15 Sees section 1406 of the Implementing Recommendations. of the 9/11 Commission Act of 2007 (9/11 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 491 U.S.C. S2 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), whichi is section 6110)(9) of the Stafford Actt that Financed and Assisted Construction) 920 C.F.R. Part 200, Appendix II, SD. Pub. L. No. 93-288 (codified as amended at 42 U.S.C. S 51960)(9))- document, NSGP has not been funded as a standalone program). 13 Sees section 2008(b)4)B)(i) of the Homeland Security Act of 2002. The cross-reference ini the MTSA has not been updated. 5333 (applying the Davis-Bacon Actt 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 the following: Ifapplicable, in addition to the requirements mentioned int 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 Acti in this Guide for additional information. According to 29 C.F.R. S 5.5(a)(5), ther regulatory requirements for the Copeland "Anti-Kickback". Act are incorporated by reference into the required contract provision, so a separate contract provision 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 implementing regulations.21 violations to 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) ini full into all applicable contracts, and all applicable contractors musti include these provisions in fulli in any subcontracts.23 5. Copeland Antl-kickDack Act The Copeland Anti-Kickback" Act prohibits workers on construction contracts from giving up wages that they are owed.24 Additional requirements are listed below, and relevant definitions are at 29 C.F.R. S 3.2. The applicable implementing regulations are intended to assist with enforcement of the 18 2C.F.R. Part 200, Appendix II, SD. 19 2C.F.R. Part 200, Appendix 1,SD. 20 29 C.F.R. $5.5(a)(6). 22 29 C.F.R. S 5.5(a). 23 29 C.F.R. S5 5.5(a)(1), (6). 21 40 U.S.C. SS 3141-3144, 3146-3148; 29 C.F.R. Part 5. 24 See id.; 40 U.S.C. S 3145. 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 fort 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 $2,000 in situations where the Davis-Bacon Act also applies. 28 Ins situations where the Davis-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 fapplicable, the NFE must do the following: Include a provision for compliance with the Copeland "Anti-Kickback" Act.29 According toi 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 byt the "Copeland Anti-Kickback" Act and the Davis-Bacon Act. The reports must be delivered to a representative of ai 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 "Antl-Kickback Act" to FEMA.31 of the payroll period's payment date.32 25 See 29 C.F.R. $3.1. 26 See 2 C.F.R. Part 200, Appendix I, S D;29 C.F.R. SS 3.1,3.3(c).- 27 20 C.F.R. Part 200, Appendix 1,SD. 28 See 20 C.F.R. Part 200, Appendix I, S D;29 C.F.R. $3.3(c). 29 See 29 C.F.R. S 3.11. 30 29 C.F.R. $5.5(a)(5). 31 See 2 C.F.R. Part 200, Appendix I, 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 18U.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 ina any subcontracts the clause above and such other clauses as FEMA mayl by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lowert tier this contract. subcontractor with all oft these contract clauses. Breach. Al breach of the contract clauses above may be grounds for termination oft 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 musti 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 al half times the base pay rate for alll hours worked over 40 hours in 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 401 U.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. 36 These requirements do not apply to 33 18 U.S.C. S 874; 40 U.S.C. $3 3145; 29 C.F.R. Part: 3. 34 See 40 U.S.C. SS 3701-3708. 3641C.F.R. Part 60-1.3. 354 40L 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 2C.F.R. Part: 200, Appendix I,SE. 22 the purchase of supplies or materials or articles ordinarily available on the open market, or contracts fort transportation or 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 to the required language from 29 C.F.R. S 5.5(b)(1)-(4), in any contract subject onlyt tot the Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. $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, inf full, into any subcontracts. 38 is not required, but FEMA has provided suggested language below. 6.3 Required Language ease of reference: Fort 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 or involve the employment of laborers or mechanics shall require or permit anys such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 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 payf 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 bel liable fort the unpaid wages. In addition, such contractor and subcontractor shall bel liablet to the United States (in the case of work done under contract for the District of Columbia or at 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 of the clause set forth in paragraph (b)(1) oft this section, int the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 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 of 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. 37 2C.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 tot the Contract Work Hours and Safety Standards Act, which is held by 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 inp 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 of 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 fori inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and1 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. Ift the 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, theni the NFE must comply with the requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA. 39 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 fort 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 fort the performance of experimental, developmental, or research work funded in whole ori in part by the federal government. This term also includes any assignment, substitution of parties, or subcontract of anyt type entered intoi for the performance of experimental, developmental, or research work under a funding agreement as defined in thet 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 Thet following provides a sample contract clause: "Clean Air Act" The contractor agrees to comply with all applicable standards, orders or regulations issued The contractor agrees to report each violation toi 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, 42 U.S.C. S 7401 et seq. 40 42U.S.C. SS 7401-7671q. This alsoi includes all applicable standards, orders, or regulations issued pursuant toi the Clean Air Act. 41 33 U.S.C. SS 1251-1387, as amended. 42 20 C.F.R. Part 200, Appendix 1,SG. 25 assure notification tot thel Federal Emergency Management Agency (FEMA), and the The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole ori in 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 the 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 of the non-federal entity enteringi into the contract) and understands and agrees that the (insert name oft the non- federal entity entering into the contract) will, int turn, report each violation as required to assure notification tot 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 or in part with federal assistance provided by FEMA." 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 requiringcomplance 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 ai 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 (implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989));20 C.F.R. Part 3000 (Department of Homeland Security regulations for Nonprocurement Debarment and Suspension, implementing 2 C.F.R. Part 180). 44 2C.F.R. S: 180; 2 C.F.R. Part 200, Appendix II, S H;2C.F.R. S 3000.332. 46 2 C.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 audits services or require the consent ofai federal agency. However, even where a contract provision is not required, non-state entities must stille ensuret they are 45 2C.F.R. S 180.220(b); 20 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 Ifa applicable, 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 at 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 toi 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 thei following contracts for goods or services under FEMA participation in federal assistance programs and activities.47 Order 12549.8SAM Exclusions can be accessed at www.sam.goy.49 grant and cooperative agreement programs: The contract is at least $25,000. The contract requires the approval of FEMA, regardless ofamount. The contract ist for1 federally required audits services. Itis as subcontract for $25,000 or more.51 9.3 Suggested Language Thet following provides a debarment and suspension clause. Italsoir incorporates an optional method of verifying that contractors are note excluded or disqualified52: 47 See 2C.F.R. Part 200, Appendix II, SH H;2C.F.R. S 200.213.. See also 2 C.F.R. Parts 180, 3000. 501 The regulations at 2C.F.R. Parts 180 and: 3000 are titled" nonprocurement because they do not apply to procurements by thef federal government but rather to federal financial assistance. There are: separate debarment and suspension regulations covering procurements byt thet federal government. However, although thet term "covered transactions" under 2C.F.R. Parts 180 and: 3000 does not include contracts awarded by the federal government, it doesi 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 verifyt 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 tot the contract ors subcontract. The additional suggested 48 See 2 C.F.R. Part 200, Appendix I,SH. 49 2C.F.R. $180.530. 51 See 2 C.F.R. SS 180.220, 3000.220. languagei 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 2C.F.R. Part 3000. As such, the contractor is required to verifythat none oft 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 2 C.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 off fact relied upon by (insert name of reciplent/subrecipienv/applicany. 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 recipienty/subreciplentv/applicant), thet federal government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply withi the requirements of 2 C.F.R. Part 180, subpart Cand 20 C.F.R. Part 3000, subpart C whilei 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 itsl lower tier covered transactions." covered transaction it enters into. 10. Byrd Anti-Lobbying 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 thei federal government. Contractors that apply or bid fora a contract for more than $100,000 must alsoi filet 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 fori influencing or attempting to influence an employee of a federal agency, a Member of Congress, an employee of Congress, or an employee of al 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, S I(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 tot tier, all the way up to the federal awarding agency.55 10.1 Applicability The Byrd Antil-Lobbying Amendment clause and certification are required for contracts of moret than $100,000, and for subcontracts of more 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 bidi for an award of more than $100,000 shall file the required certification. Each tier certifies to thet tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, al Member of Congress, officer or employee of Congress, or 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 tiert to tier upt 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 thel 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, to the best of his or her knowledge and belief, that: Not 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 the requirements of 31 U.S.C. S 1352 andp provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. S 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 Bt to 44 C.F.R. Part 18 andi is SF-LLL, also available at htos/wwwgrantsgovAsgastVoms/st424famiw.ntm. 29 of an agency, a Member of Congress, an officer or employee of Congress, or an employee of al 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 Ifanyf funds other than federal appropriated funds have been paid or will be paid to any person fori influencing or attempting toi influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the 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 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.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 with its instructions. disclose accordingly. than $10,000 and not more than $100,000 for each such failure." 10.3.2 RECOMMENDED SIGNATURE LINE: At the end of the certification language, FEMA recommends including thei following signature line. "The Contractor, certifies or affirms the truthfulness and accuracy ofe each statement of its certification and disclosure, ifa any. In 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 Date" 30 11. Procurement of Recovered Materials An NFE that is a state agency or an agency of a political subdivision of as state, and the NFE's contractors must comply with Section 6002 oft the Solid Waste Disposal Act.5 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 a state andi 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 bya a state agency or an agency of a political subdivision of a state and its contractors. 11.2 Additional Requirements The requirements include: Procuring only items designated in EPA guidelines59 that contain the highest practical percentage of recovered materials consistent with maintaining competition, where the purchase price oft the item is greater than $10,000, or the value of the amount of 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;a and identified in the EPA guidelines.60 11.3 Suggested Language The 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 byt the Resource Conservation and Recovery Act at 42 U.S.C. S 6962). 20 C.F.R. S 200.323. 59 40 C.F.R. Part 247. 604 42 U.S.C. S 6962;2C.F.R. S 200.323. 57 See 2 C.F.R. Part 200, Appendix II, SJ( (citing 20 C.F.R. $200.323). 58 See 2 C.F.R. Part 200, Appendix H,S A2CFAS200323-4OCFR. Part: 247. 31 Competitively within at timeframe providing forcompliance with the contract performance schedule; Meeting contract performance requirements; ;or Ata a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at ntps/wwepagpwysmm/comprenensie procurement-guideinne-cpgprogram. The Contractor also agrees to comply with all other applicable requirements of Section 6002of EPA's Comprehensive Procurement Guidelines webpage: the Solid' Waste Disposal Act." 12. Prohibition on Contracting for Covered Telecommunications Equipment or Services Section 889(b)(1) of the, John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019 NDAA)and 2 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 or 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 of any system, or as critical technology of any system; b. 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 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, all 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( Catng2CFR-S200216 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 The following provides a sample contract clause: "Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, thei 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 in this clause- (1) Section 889(b) of the. John S. McCain National Defense Authorization Acti 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 in 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 as substantial or essential component of (ii) 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 ore 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 of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as as 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 () Aservice that connects to thet facilities ofa a third-party, such as backhaul, roaming, ori interconnection arrangements; or 33 (i) 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 do not apply to: () Covered telecommunications equipment or services that: i.Are not used as a substantial or essential component of any system; and ii. 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, or the contractor is notified of such bya subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause toi 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 (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity 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)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In 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 bei 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, tot the greatest extent practicable under at federal award, provide a preference for the purchase, acquisition, or use of goods, products orr 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 FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.6s 13.2 Suggested Language Thei following provides a sample contract clause: "Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced ini 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 thei initial melting stage through the application of coatings, occurred in the Manufactured, products meani 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 2 C.F.R. $200.322. also be included in all subawards. 63 2C.F.R. Part. 200, Appendix II, S L(citing 2C.FR.5200.322, The requirements of2 2 C.F.R. S 200.322 must 35 Attachment E Certification RegardingLobbying APPENDIX, A, 44 CFR 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: 1. No Federal appropriated" funds havel been paid or willl be paid, by or on behalf oft 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 al 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 ofa any Federal contract, grant, loan, or cooperative agreement. 2. Ifanyf funds other than Federal appropriated funds havel 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 thel language oft this certification be included ini the award documents for alls subawards at alli tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements): andt that all Subrecipients shall certify and disclose accordingly. This certification is a material representation ofi fact upon which reliance was placed when this transaction was made ore entered into. Submission oft this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person whoi fails to file the required certification shall be subject toa ac civil penalty ofr notl lesst than $10,000 and not moret than $100,000f for each suchi failure. accuracy of each statement of its certification and disclosure, ifany. Ina addition, the Contractor understands and agrees that thep provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, The Subrecipient or contractor, certifies or affirms thet truthfulness and apply tot this certification and disclosure, ifany. Signature of Subrecplenlcontractors Authorized Official Name and" Title of Subrecpien/contractors Authorized Official Date 36 ATTACHMENT F (PUR 1355) 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, ore 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, Ideclare that I have read thei foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: 37 CITY OF ARCHER ARCHER IV. New Business Agenda Item 2: Financial Audit Memorandum Response Letter Staff Recommendation: Approve financial audit response letter. Approved by City Attorney on: Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: ApproveDisapprove Staff Recommendation 16870 SW 134TH AVE., P.O. BOX39-4 ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 CITY OF ARCHER ARCHER ESTABLISHED 1542 Mayor: Fletcher Hope Vice-Mayor: Iris Bailey Commissioners Kathy Penny Joan White Marilyn Green Interim City Manager Deanna Alltop January 27, 2025 Subject: Request for Assistance to Address Archer's Financial Dear Representative Hinson and Representative Johnson, Emergency Thank you for reaching out and for your engagement with our city's challenges. Currently, the City of Archer is not requesting an Auditor General audit. However, we urgently need state In November, the City of Archer submitted a letter to the Governor and the Joint Legislative Audit Committee (JLAC) notifying them that the city was in a state of financial emergency, a copy ofv which is attached. Regrettably, we have not received a response to this communication. Our primary concern is addressing the city'si insolvency, and we respectfully ask for your support in advocating for state resources and assistance to help stabilize our financial situation. The consequences of not receiving this assistance could be severe, potentially leading to additional service cuts and layoffs. Specifically, we would greatly appreciate your help in ensuring that our We understand the importance of accurate and succinct information in making a formal request. We are fully prepared to provide any additional details or documentation needed to advance Thank you for your attention to this critical matter. Your engagement is greatly appreciated, and we look forward to working with you to secure the resources Archer needs to move forward. assistance to address our financial crisis. request to the Governor and the JLAC is heard and acted upon quickly. these efforts. Please let us know how we can assist you in this process. Best regards, Fletcher Hope Mayor City of Archer 16870 SW 134TH AVE., P.O. BOX39-ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 Cc: City Commission Deanna Alltop, Interim City Manager Scott Walker, City. Attorney 16870 SW 134TH AVE., P.O. BOX39-A ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445 CORIDA Florida House of Representatives Representative Yvonne Hinson District21 District Office: 2815N.W.1 13hSt. Suite 202 Gainesville, Fla. 32609 (352): 264-4001 Tallahassee Office: Capitol Building Suite 1102C 402 South! Monroe Street Tallahassee, FL32399 (850)717-5021 Email: vome-linonefliousgw MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Iris Bailey, Town of Micanopy Yvonne Hinson, State Representative, Florida House of Representatives January 13, 2025 Financial Audit of' Town Last week at the Alachua County Legislative Delegation, several Council Members brought to our attention that your town was suffering significant financial inconsistencies and as such your Council had requested a state audit without any feedback. At the Joint Legislative Audit Committee on Monday, January 13, 2025, Iinquired about the requested audit and was told that when a town requests an audit, that audit must be paid for by the town.Iam copying Representative Chad Johnson, your Representative on this email. Should you like me toi request said audit, I would need accurate and succinct information with which to makea reasonable request. Here's hoping the New Year 2025 is a successful year. Sincerely, E Hinson, State Representative Florida House of Representatives, District2 21 CC. Mayor Fletcher Hope Committees: Education & Employment Committee Agriculture & Natural Resources Budget Subcommittee Student Academic Success Subcommittee Insurance & Banking Subcommittee Ioint Legislative Auditing Special Committee CITY OF ARCHER RCHER IV. New Business Agenda Item 3: AACH-Holly Hills Community Center Grant Withdrawal Letter Staff Recommendation: Approve grant withdrawal letter. Approved by City Attorney on: Commissioner Action: Open for Discussion Public Comments Closed for Discussion Action: Approve/Disapprove Staff Recommendation 16870 SW 134TH AVE., P.O. BOX: 39- - ARCHER, FLORIDA 32618-0039 Tel: (352)495-2880 Fax (352)495-2445