HomeMy WebLinkAboutR-2025-189 DHS FDEM Agreement for Planning and Design of EOCRESOLUTION NO. 2025-189
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF SIX HUNDRED THIRTY-SEVEN THOUSAND ONE HUNDRED NINTEY-FIVE DOLLARS ($637,195.00) BETWEEN THE CITY OF DANIA BEACH AND THE FLORIDA
DIVISION OF EMERGENCY MANAGEMENT, ON BEHALF OF THE U.S.
DEPARTMENT OF HOMELAND SECURITY, FOR THE PLANNING AND DESIGN FOR CONSTRUCTION OF THE CITY’S EMERGENCY OPERATIONS CENTER PROJECT; AND TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00);
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. WHEREAS, the City of Dania Beach has identified the need for a new Emergency
Operations Center and Training Facility (“Project”) to replace existing structures that cannot be
rehabilitated to meet current or projected operational requirements; and
WHEREAS, through the Fiscal Year 2024 Emergency Operations Center Grant Program
Notice of Funding Opportunity (NOFO), the U.S. Department of Homeland Security (DHS)
allocated funding to support the planning and design for construction of a new Emergency
Operations Center (EOC); and
WHEREAS, the Florida Division of Emergency Management (FDEM), acting as the pass-
through entity for DHS, has issued Federally Funded Subaward and Grant Agreement No. R1286
to the City of Dania Beach for planning and design services to support development of the EOC;
and
WHEREAS, the total project cost for planning and design is Eight Hundred Forty-Nine
Thousand Five Hundred Ninety-Three Dollars ($849,593.00), of which Six Hundred Thirty-Seven
Thousand One Hundred Ninety-Five Dollars ($637,195.00) represents the federal share (75%),
and Two Hundred Twelve Thousand Three Hundred Ninety-Eight Dollars ($212,398.00)
represents the City’s required local cost share (25%); and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
“Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection
(a), sets the monetary threshold or limitation at Fifty Thousand Dollars ($50,000.00) for a vendor
each fiscal year that the contract is valid; and
2 RESOLUTION #2025-189
WHEREAS, City Administration supports the Project and recommends that the City
accept the federal award and execute the Grant Agreement attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorize the proper City officials to accept and
execute a Grant Agreement between the City of Dania Beach and the Florida Division of
Emergency Management, on behalf of the U.S. Department of Homeland Security, for the planning
and design for construction of the new Emergency Operations Center (EOC) project, substantially
in the form attached hereto as Exhibit “A.”
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interest of the
City, which shall include amendments extending the agreement period.
Section 4. That the required 25% local cost share in the amount of Two Hundred
Twelve Thousand Three Hundred Ninety-Eight Dollars ($212,398.00) shall be appropriated from
Fire Rescue Emergency Operations & Administration Account No. 301-22-04-522-63-10., and
that this amount may be exceeded if necessary to fund additional design services in the event the
total planning and design cost exceeds Eight Hundred Forty-Nine Thousand Five Hundred Ninety-
Three Dollars ($849,593.00).
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective after passage.
SIGNATURES ON THE FOLLOWING PAGE
3 RESOLUTION #2025-189
PASSED AND ADOPTED on December 9, 2025.
Motion by Commissioner Lewellen, second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
Contract Number: R1286
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.1 states that a “subaward may be provided through any form of legal agreement, including an
agreement that the pass-through entity considers a contract.”
As defined by 2 C.F.R. §200.1, “pass-through entity” means “a non-Federal entity that provides a subaward to a
subrecipient to carry out part of a Federal program.”
As defined by 2 C.F.R. §200.1, “Subrecipient” means “an entity, usually but not limited to non-Federal entities,
that receives a subaward from a pass-through entity to carry out part of a Federal award.”
As defined by 2 C.F.R. §200.1, “Federal award” means “Federal financial assistance that a recipient receives
directly from a Federal awarding agency or indirectly from a pass-through entity.”
As defined by 2 C.F.R. §200.1, “subaward” means “an award provided by a pass-through entity to a subrecipient
for the subrecipient to carry out part of a Federal award received by the pass-through entity.”
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Subrecipient’s name: Dania Beach, Florida
Subrecipient's unique entity identifier: U56KXBHZUBK9
Federal Award Identification Number (FAIN): EMA-2024-EO-05017
Federal Award Date: 09/01/2024-08/31/2027
Subaward Period of Performance Start and End Date: 09/01/2024-08/31/2027
Amount of Federal Funds Obligated by this Agreement: $637,195.00
Total Amount of Federal Funds Obligated to the Subrecipient
by the pass-through entity to include this Agreement: $637,195.00
Total Amount of the Federal Award committed to the Subrecipient
by the pass-through entity: $637,195.00
Project Cost-Share Amount $212,398.00
Federal award project description (see FFATA): Emergency Operations Center Grant
Program
Name of Federal awarding agency: U.S Department of Homeland Security
Name of pass-through entity: Florida Division of Emergency
Management
Contact information for the pass-through entity: Florida Division of Emergency
Management
2555 Shumard Oak Blvd
Tallahassee, FL
32399
850-413-9969
Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.052 Emergency Operations
Center Grant Program
Whether the award is R&D: N/A
Indirect cost rate for the Federal award: N/A
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Dania Beach,
Florida (hereinafter referred to as the "Subrecipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Subrecipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein; and
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Subrecipient upon the terms and conditions
outlined below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Subrecipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: “Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's funds.”
Therefore, section 215.971, Florida Statutes, entitled “Agreements funded with federal or state
assistance”, applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Subrecipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.”
b. As required by Section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Subrecipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the
Subrecipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Subrecipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which
the Subrecipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Subrecipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division’s Grant
Manager shall be responsible for enforcing performance of this Agreement’s terms and conditions and
shall serve as the Division’s liaison with the Subrecipient. As part of his/her duties, the Grant Manager for
the Division shall:
i. Monitor and document Subrecipient performance; and,
ii. Review and document all deliverables for which the Subrecipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Leonardo Washington
2555 Shumard Oak Blvd
Tallahassee, FL 32399
Telephone:850-296-5996
Email: Leonardo.Washington@em.myflorida.com
c. The name and address of the Representative of the Subrecipient responsible for the
administration of this Agreement is:
Sean Schutten
1201 Stirling Road
Dania Beach, FL 33004
Telephone:954-947-3610 ex 3660
Emai: SSchutten@daniabeachfl.gov
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(7) SCOPE OF WORK.
The Subrecipient shall perform the work in accordance with the Budget and Scope of
Work, Attachment A of this Agreement.
(8) PERIOD OF AGREEMENT.
This Agreement shall begin upon September 1, 2024, and shall end on August 31,
2027, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement.
Consistent with the definition of “period of performance” contained in 2 C.F.R. §200.1, the term “period of
agreement” refers to “the total estimated time interval” between the start of this initial Agreement and the
planned end date. In accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may
expend funds authorized by this Agreement “only for allowable costs resulting from obligations incurred
during” the period of agreement.
(9) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Subrecipient only for allowable costs incurred by the
Subrecipient in the successful completion of each deliverable. The maximum reimbursement amount for
each deliverable is outlined in Attachment A of this Agreement (“Budget and Scope of Work”). The
maximum reimbursement amount for the entirety of this Agreement is $637,195.00.
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which
reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is
true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).”
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Subrecipient against a performance measure, outlined in Attachment A,
that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a “performance goal”, which is defined in 2 C.F.R. §200.1 as
“a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared.” It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that “performance measurement progress must be both measured and reported.”
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Subrecipient for overtime expenses in accordance with 2 C.F.R. §200.430 (“Compensation—personal
services”) and 2 C.F.R. §200.431 (“Compensation—fringe benefits”). If the Subrecipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as “allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages.” Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Subrecipient-employee agreement, or an
established policy of the Subrecipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
iii. The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Subrecipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the
Subrecipient seeks reimbursement for travel costs that exceed the amounts stated in section
112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Subrecipient
must provide documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Subrecipient in its regular operations as a result of the Subrecipient’s written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division’s Grant Manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Subrecipient.
j. As defined by 2 C.F.R. §200.1, the term “improper payment” means or includes any
payment that should not have been made or that was made in an incorrect amount under statutory,
contractual, administrative, or other legally applicable requirements. This includes overpayments or
underpayments that are made to eligible recipients (including inappropriate denials of payment or service,
any payment that does not account for credit for applicable discounts, payments that are for an incorrect
amount, and duplicate payments). An “improper payment” also includes any payment that was made to
an ineligible recipient or for an ineligible good or service, or payments for goods and services not received
(except for such payments authorized by law).
(10) RECORDS
a. As required by 2 C.F.R. §200.337, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Subrecipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Subrecipient’s personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.332(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the 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 documents.
c. As required by Florida Department of State’s record retention requirements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.334, the Subrecipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5) years from the date of
submission of the final expenditure report. The following are the only exceptions to the five (5) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 5-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Subrecipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the 5-year retention requirement is not applicable to the Subrecipient.
v. Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
d. In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Subrecipient when it determines that the
records possess long-term retention value.
e. In accordance with 2 C.F.R. §200.336, the Division must always provide or accept
paper versions of Agreement information to and from the Subrecipient upon request. If paper copies are
submitted, then the Division must not require more than an original and two copies. When original records
are electronic and cannot be altered, there is no need to create and retain paper copies. When original
records are paper, electronic versions may be substituted through the use of duplication or other forms of
electronic media provided that they are subject to periodic quality control reviews, provide reasonable
safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303(e), the Subrecipient shall take reasonable
measures to safeguard protected personally identifiable information and other information the Federal
awarding agency or the Division designates as sensitive or the Subrecipient considers sensitive
consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of
confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Subrecipient based upon the funds provided under this Agreement, the meetings of the Subrecipient's
governing board or the meetings of any subcommittee making recommendations to the governing board
may be subject to open government requirements. These meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance
with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law (Chapter 119, Florida Statutes).
i. The Subrecipient shall maintain all records for the Subrecipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and
regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399.
(11) AUDITS
a. The Subrecipient shall comply with the audit requirements contained in 2 C.F.R. Part
200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient shall follow Generally Accepted Accounting Principles (“GAAP”). As defined by 2 C.F.R.
§200.1, GAAP “has the meaning specified in accounting standards issued by the Government Accounting
Standards Board (GASB) and the Financial Accounting Standards Board (FASB).”
c. When conducting an audit of the Subrecipient’s performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards (“GAGAS”). As defined by 2
C.F.R. §200.1, GAGAS, “also known as the Yellow Book, means generally accepted government auditing
standards issued by the Comptroller General of the United States, which are applicable to financial
audits.”
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Subrecipient shall be held liable for reimbursement
to the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Subrecipient of such non-compliance.
e. The Subrecipient shall have all audits completed by an independent auditor, which is
defined in section 215.97(2)(i), Florida Statutes, as “an independent certified public accountant licensed
under chapter 473.” The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Subrecipient’s fiscal year.
f. The Subrecipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Subrecipient, to the Division at the following
address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Subrecipient shall send the Single Audit reporting package and Form SF-SAC to
the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h. The Subrecipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12) REPORTS
a. Consistent with 2 C.F.R. §200.329(b), the Subrecipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Subrecipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
c. The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Subrecipient shall provide additional program updates or information that may be
required by the Division.
f. The Subrecipient shall provide additional reports and information identified in
Attachment D.
(13) MONITORING.
a. The Subrecipient shall monitor its performance under this Agreement, as well as that
of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A to this Agreement and reported in the
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Subrecipient agrees
to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division.
In the event that the Division determines that a limited scope audit of the Subrecipient is appropriate, the
Subrecipient agrees to comply with any additional instructions provided by the Division to the
Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Florida Chief Financial Officer or
Auditor General. In addition, the Division will monitor the performance and financial management by the
Subrecipient throughout the contract term to ensure timely completion of all tasks.
(14) LIABILITY
a. Unless Subrecipient is a State agency or subdivision, as defined in section 768.28(2),
Florida Statutes, the Subrecipient is solely responsible to parties it deals with in carrying out the terms of
this Agreement; as authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the
Division harmless against all claims of whatever nature by third parties arising from the work performance
under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or
agent of the Division but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a state
agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for
its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by the acts or omissions to the extent set forth in
Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity
by any 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.
(15) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
a. Any warranty or representation made by the Subrecipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the
Subrecipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b. Material adverse changes occur in the financial condition of the Subrecipient at any
time during the term of this Agreement, and the Subrecipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete, or insufficient information; or,
d. The Subrecipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16) REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Subrecipient and upon the Subrecipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Subrecipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Subrecipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Subrecipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Subrecipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Subrecipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Subrecipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other Default by the Subrecipient.
(17) TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Subrecipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Subrecipient with thirty calendar days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Subrecipient will not incur new
obligations for the terminated portion of the Agreement after the Subrecipient has received the notification
of termination. The Subrecipient will cancel as many outstanding obligations as possible. Costs incurred
after receipt of the termination notice will be disallowed. The Subrecipient shall not be relieved of liability
to the Division because of any breach of Agreement by the Subrecipient. The Division may, to the extent
authorized by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount
of damages due the Division from the Subrecipient is determined.
(18) PROCUREMENT
a. The Subrecipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards”).
b. As required by 2 C.F.R. §200.318(i), the Subrecipient shall “maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to, the following: Rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price.”
c. As required by 2 C.F.R. §200.318(b), the Subrecipient shall “maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.” In order to demonstrate compliance with this requirement, the
Subrecipient shall document, in its quarterly report to the Division, the progress of any and all
subcontractors performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)(1) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Subrecipient
chooses to subcontract any of the work required under this Agreement, then the Subrecipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Subrecipient within three (3) business days. Consistent
with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the
Subrecipient. While the Subrecipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division’s review and comments shall not
constitute an approval of the solicitation. Regardless of the Division’s review, the Subrecipient remains
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Subrecipient as quickly as
possible within the three (3) business day window outlined above. If the Subrecipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Subrecipient for any costs associated with that
solicitation.
e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)(1) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Subrecipient
chooses to subcontract any of the work required under this Agreement, then the Subrecipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Subrecipient within three (3)
business days. Consistent with 2 C.F.R. §200.325, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Subrecipient. While the Subrecipient does not need the approval of the Division
in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms
and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division’s review and comments shall not constitute an approval of the subcontract.
Regardless of the Division’s review, the Subrecipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Subrecipient as quickly as possible within the three (3) business
day window outlined above. If the Subrecipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Subrecipient for any costs associated with that
subcontract.
f. The Subrecipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Subrecipient harmless against
all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
g. As required by 2 C.F.R. §200.318(c)(1), the Subrecipient shall “maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts.”
h. As required by 2 C.F.R. §200.319(a), the Subrecipient shall conduct any procurement
under this agreement “in a manner providing full and open competition.” Accordingly, the Subrecipient
shall not:
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
i. “[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage” otherwise, the Subrecipient, as required by 2 C.F.R. §200.319(c), shall not use a geographic
preference when procuring commodities or services under this Agreement.
j. The Subrecipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(b)(1) as well as section 287.057(1)(a), Florida
Statutes.
k. The Subrecipient shall conduct any procurement involving requests for proposals (i.e.
competitive proposals) in accordance with 2 C.F.R. §200.320(b)(2) as well as section 287.057(1)(b),
Florida Statutes.
l. For each subcontract, the Subrecipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Subrecipient shall comply with the requirements of 2 C.F.R. §200.321
(“Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms”).
(19) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A – Budget and Scope of Work
iii. Attachment B – Program Statutes and Regulations
iv. Attachment C – Justification of Advance Payment
v. Attachment D – Warranties and Representations
vi. Attachment E – Certification Regarding Debarment
vii. Attachment F – Byrd Anti-Lobbying Amendment Required Certification
viii. Attachment G – Statement of Assurances
ix. Attachment H – Mandatory Contract Provisions
(20) PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the
Subrecipient’s quarterly reporting as referenced in Paragraph (12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Subrecipient shall submit its closeout
report within thirty days of receiving notice from the Division.
(21) REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of “Division of Emergency Management”, and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Subrecipient shall pay the Division a service fee of $15.00 or 5% of
the face amount of the returned check or draft, whichever is greater.
(22) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Subrecipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Subrecipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Subrecipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Subrecipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification; and,
iv. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
g. If the Subrecipient is unable to certify to any of the statements in this certification,
then the Subrecipient shall attach an explanation to this Agreement.
h. In addition, the Subrecipient shall send to the Division (by email or by facsimile
transmission) the completed “Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion” (Attachment G) for each intended subcontractor which Subrecipient plans to
fund under this Agreement. The form must be received by the Division before the Subrecipient
enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the
Subrecipient refuses to allow public access to all documents, papers, letters or other material subject to
the provisions of Chapter 119, Florida Statutes, which the Subrecipient created or received under this
Agreement.
j. If the Subrecipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division’s obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(“INA”)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
l. Section 287.05805, Florida Statutes, requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political subdivision
granting to the state a security interest in the property at least to the amount of state funds provided for at
least 5 years from the date of purchase or the completion of the improvements or as further required by
law.
m. The Division may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have
been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.
n. If applicable, pursuant to Section 255.0993, Florida Statutes, the Contractor shall
ensure that any iron or steel product, as defined in section 255.0993(1)(b), Florida Statutes, that is
permanently incorporated in the deliverable(s) resulting from this project, must be produced in the United
States.
(23) LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits “any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.”
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Subrecipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Subrecipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24) COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUBRECIPIENT TO THE STATE OF FLORIDA.
a. If the Subrecipient has a pre-existing patent or copyright, the Subrecipient shall retain
all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Subrecipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Subrecipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Subrecipient to the State of
Florida.
c. Within thirty days of execution of this Agreement, the Subrecipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Subrecipient shall retain all rights and entitlements to
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and
copyrights which accrue during performance of the Agreement.
d. If the Subrecipient qualifies as a state university under Florida law, then, pursuant to
section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the
Subrecipient shall become the sole property of the Subrecipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Subrecipient, under this Agreement, for Florida
government purposes.
e. To the extent the agreement is a “funding agreement”, per 37 C.F.R. 401.2(a), the
Subrecipient agrees to comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and
Cooperative Agreements, and any implementing regulations issued by FEMA.
(25) LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and
that its governing body has authorized the execution and acceptance of this Agreement. The
Subrecipient also certifies that the undersigned person has the authority to legally execute and bind
Subrecipient to the terms of this Agreement.
(26) EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.
iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment. v. 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.
vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders. vii. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
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 if the
applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under the contract.
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 will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 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 of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred
until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
b. The Subrecipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Subrecipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency’s primary responsibility for securing compliance.
d. The Subrecipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Subrecipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Subrecipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Subrecipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27) COPELAND ANTI-KICKBACK ACT
The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate
or cause to be incorporated into any contract for construction work, or modification thereof, the following
clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
(28) CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
The following provisions apply to any contract with the Subrecipient. In addition, the
Subrecipient hereby agrees that it will incorporate or cause to be incorporated these provisions, in full, in
any subcontracts:
(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 any 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 pay for all hours worked in excess of forty
hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $29 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
(write in the name of the Federal agency or the loan or grant recipient) 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 Federal contract with the same prime
contractor, or any other federally-assisted contract subject to 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 set forth in paragraph (b)(2) of this
section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
For contracts that are only subject to the Contract Work Hours and Safety Standards Act and not subject
to the other statutes in 29 CFR § 5.1, the following provisions also apply and must be included in any
subcontracts:
(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 of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.” (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA). Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance from FEMA. (30) SUSPENSION AND DEBARMENT
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI-LOBBYING AMENDMENT
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
(32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient shall take the following
affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
“socioeconomic contracting,” does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The “socioeconomic contracting” requirement outlines the affirmative steps that the
Subrecipient must take; the requirements do not preclude the Subrecipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women’s business enterprises, does not authorize the Subrecipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. “project splitting”).
(33) PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS
EQUIPMENT OR SERVICES
(a) Definitions. As used in this clause, the 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—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 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 from certain entities for national
security reasons.
(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 from the
Federal Emergency Management Agency to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as
critical technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system;
iii. 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 a substantial or essential component of any system, or as critical technology as
part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
i. A service that connects to the facilities of a third-party, such as
backhaul, roaming, or interconnection arrangements; or
ii. Telecommunications equipment that cannot route or redirect user
data traffic or permit visibility into any user data or packets that such
equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not
apply to:
i. Covered telecommunications equipment or services that are not
used as a substantial or essential component of any system and 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 by a subcontractor at any
tier or by any other source, the contractor shall report the information in
paragraph (d)(2) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the
information.
(2) The contractor shall report the following information pursuant to
paragraph (d)(1) of this clause:
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 be incorporated to prevent future
use or submission of 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) 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 in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other
manufactured products.
For purposes of this clause, “Produced in the United States” means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in
the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-
ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
(35) PROCUREMENT OF RECOVERED MATERIALS
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 by one or
more of the following: Competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
Information about this requirement, along with the list of EPA- designated items, is available at EPA’s
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-
procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
(36) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to the Contractor’s actions pertaining to this contract.
(37) NO OBLIGATION BY FEDERAL GOVERNMENT
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives. The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from this contract.
(38) SEAL, LOGO, AND FLAGS
The Contractor shall not use any state or federal agency seal(s), logo(s), crest(s), or
reproductions of flags or likeness of the Division or any state or federal agency without specific pre-
approval.
(39) ASSURANCES.
The Subrecipient shall comply with any Statement of Assurances incorporated as
Attachment I.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUBRECIPIENT:
Dania Beach, Florida
By: ________________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
FID# ______________________________
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ______________________________________
Name and Title: Kevin Guthrie, Director, or Ian Guidicelli, Response Bureau Chief,
as Authorized Representative.
Date: ____________________________________
EXHIBIT – 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUBRECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: U.S Department of Homeland Security
Catalog of Federal Domestic Assistance title and number: Emergency Operations Center Grant
Program 97.052
Award amount: $637,195.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
Federal Program: DHS Emergency Operations Center Grant Program
List applicable compliance requirements as follows:
1. Sub-Recipient is to use funding to perform eligible activities as identified FY 2024 Department of
Homeland Security EOC Grant Program Notice of Funding Opportunity.
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement
or will not be in compliance with the terms of the Agreement.
3. Sub-Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded
resources must be used or how eligibility determinations are to be made.
Attachment A
Budget and Scope of Work
I. PROPOSED BUDGET:
BUDGET INFORMATION - Construction Programs
NOTE: Certain Federal assistance programs require additional computations to arrive at the
Federal share of project costs eligible for participation. If such is the case, you will be notified.
COST CLASSIFICATION a. Total Cost b. Costs Not
Allowable for
Participation
c. Total Allowable Costs
(Columns a-b)
1. Administrative and legal
expenses
$ 0.00
$ 0.00
$ 0.00
2. Land, structures, rights-
of-way, appraisals, etc.
$ 0.00
$ 0.00
$ 0.00
3. Relocation expenses and
payments
$ 0.00
$ 0.00
$ 0.00
4. Architectural and
engineering fees
$849,593.00
$
$849,593.00
5. Other architectural and
engineering fees
$
$
$
6. Project inspection fees
$
$
$
7. Site work
$
$
$
8. Demolition and removal
$
$
$
9. Construction
$
$
$
10. Equipment
$
$
$
11. Miscellaneous
$
$
$
12. SUBTOTAL (sum of lines
1-11)
$ 849,593.00
$ 0.00
$ 849,593.00
13. Contingencies
$
$
$
14. SUBTOTAL
$ 849,593.00
$ 0.00
$ 849,593.00
15. Project (program)
income
$
$
$
16. TOTAL PROJECT COSTS
(subtract #15 from #14)
$ 849,593.00
$ 0.00
$ 849,593.00
FEDERAL FUNDING
17. Federal assistance requested, calculate as follows:
(Consult Federal agency for Federal percentage share.) Enter eligible
costs from line 16c Multiply X 75 % Enter the resulting Federal share.
$ 637,194.75
II. BACKGROUND
The fiscal year (FY) 2024 Emergency Operations Center (EOC) Grant Program is intended to
improve emergency management and preparedness capabilities by supporting flexible,
sustainable, secure, strategically located, and fully interoperable EOCs with a focus on addressing
identified deficiencies and needs. Fully capable emergency operations facilities at the state and
local levels are an essential element of a comprehensive national emergency management system
and are necessary to ensure continuity of operations and continuity of government in major
disasters or emergencies caused by any hazard. Among the five basic homeland security missions
noted in the DHS Strategic Plan, the EOC Grant Program supports the goal to Strengthen National
Preparedness and Resilience.
As documented by the FY 2024 Emergency Operations Center Grant Program Notice of Funding
Opportunity (NOFO), The Department of Homeland Security (DHS) has awarded $637,195.00 of
financial assistance funds for the design and construction of the “Dania Beach Emergency
Operations Center”.
This project will enable Dania Beach to procure a licensed and qualified construction contractor to
construct a new 6,500 square foot Emergency Operations Center. The EOC will be built to
accommodate fire administration, fire prevention bureau, storage, and training space that will
function as an emergency operations center. This building will house emergency operations such
as fire administration, fire prevention, medical and fire training, technology hosting, and storage.
III. SCOPE OF WORK
A. Funds have been awarded to the Recipient for the planning and design of Dania Beach
Emergency Operations Center. Per FY 2024 Emergency Operations Center Grant Program NOFO,
allocated funds shall be used to complete design documents and site work on land designated for
construction of a future new EOC.
The EOC shall be designed and constructed in accordance with the International Code Council’s
ICC/NSSA Standard for the Design and Construction of Storm Shelters (ICC 500-2014) or, where
hurricane provisions are more stringent, the 2023 Florida Building Code, 8th Edition (Risk Category
IV, essential facility).
B. Reimbursable costs include: architectural and engineering planning and design services; site
survey and soil testing (if locations is proposed or selected); necessary regulatory review and
permit fees; peer reviews; and, costs associated with Leadership in Energy and Environmental
Design (LEED) or Green Globes certification.
C. The designated EOC functional use spaces may be shared with other building functions or
multi-purpose use during non-emergency conditions. However, such shared or multi-purpose use
must not interfere with the emergency management mission of the EOC.
D. The EOC shall be designed as a permanently established facility with sufficient space to house
people and equipment for daily routine and sustained continuous emergency operations.
E. The EOC shall be capable of withstanding wind loads in accordance with the hurricane
provisions of ICC 500-2014. The minimum wind design shall include:
Design Wind Speed = 160 miles per hour (3 second gust)
Exposure Category = C
Wind Directionality Factor, Kd = 1.00
Planning and Design documents for the construction shall be titled "Dania Beach EOC."
Structural engineer of record shalt include a statement in the construction documents
certifying that to the best of their knowledge and belief the EOC was designed to withstand wind loads
according to ICC 500-2014 and ASCE/SEI 7 (include publication year).
F. The EOC shall resist penetration by large windborne debris impact. At a minimum the EOC
envelope (e.g., walls, windows, doors, louvers, roofs, skylights and hatches) shall meet the hurricane
provisions of ICC 500-2014, or similar performance as approved by the Division. Impact-protective
systems or products that meet 200 mile per hour or greater ICC 500-2014 tornado shelter design wind
speed missile criteria are acceptable.
G. The minimum floor elevation of the EOC shall be modified from ICC 500-2014 in accordance
with the following: the lowest floor used for the EOC shall be elevated to or above the higher of the
elevations determined by 1. elevation above mean sea level corresponding to the maximum storm
surge inundation, including coastal wave effects, for the proposed location plus 20 percent; 2. 100-year
(one percent annual chance) base flood elevation plus three (3) feet; 3. 500-year (0.2 percent annual
chance) flood elevation (if determined) plus two (2) feet; and, 4. elevation required by the AHJ for the
proposed location. If a proposed location is not selected for the future EOC during the planning and
design period of performance, the lowest floor elevation determination outlined in this Section shall be
incorporated into the construction documents.
H. The critical support system functional period of the EOC shall be modified from ICC 500-2014
in accordance with the following: critical support systems shall be designed to remain functional at full
emergency operations center occupant load for a minimum of 72 hours, Critical support systems shall
not be solely reliant upon off-site services and utilities (e.g., water, natural gas fuel, electricity).
I. The Recipient shall prepare and submit an initial timeline and estimated reimbursement
allocation schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule"
or other similar instrument may be used as approved by the Division.
IV. TASK PRODUCTS A. Per Scope-of-Work Item III.I., Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW-1 may be used to meet this deliverable.
B. Recipient shall submit copy of the local public advertisement(s) requesting design professional services; copies of pre-bid conference sign-in sheet(s) and agenda; copy of the list of respondents and their respective prices; and a copy of selected providers bid form(s). C. The Recipient shall provide the Division with copies of pertinent regulatory reviews and permits,
and the Architectural and Engineering Consultant's detailed schedule of work (e.g., Gantt Chart). D. The Recipient shall provide for review by the Division one (1) copy each of: 1. Site survey (if applicable); 2. site master plan; 3. spatial needs assessment; and, 4. schematic design plan or
preliminary design drawings. The spatial needs assessment and schematic design plan/preliminary design may be one document.
E. The Recipient shall provide one (1) set of substantially complete (approximately 90 percent) preliminary construction drawings and specifications for the EOC for review and comment by the
Division. The drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. F. The Recipient shall provide one (1) near bid-ready set of construction drawings, specifications and wind load and wind-borne debris impact product performance certifications (or test reports) for the EOC for review and comment by the Division. The construction drawings shall include site survey
information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and be signed by the applicable registered or licensed design professional(s) of record. G. The construction documents shall demonstrate that the EOC meets the requirements set forth in Scope of Work Sections III.C. through III.H. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole
discretion of the Division. H. Force protection and security measures shall be consistent with Reference Manual to Mitigate Potential Terrorist Attacks Against Buildings (FEMA 426), Crime Prevention Through Environmental
Design (CPTED) or other federal or state recognized best-practices guidelines as approved by the Division.
I. The Recipient shall provide the Division with a copy of photographs of proposed future EOC site conditions (if selected); final bid-ready construction documents, to include drawings, specifications, bid documents, and opinion of probable cost with signature of designer(s) of record.
V. DELIVERABLES
Reimbursement for project costs shall be based on the percentage of completion of the project. Any
request for reimbursement shall provide adequate and complete source documentation to support all
costs related to the project. In some cases, the project may not be fully complete prior to requesting
reimbursement of costs incurred toward completion of this scope-of-work; therefore, a partial
reimbursement may be requested. For full or partial reimbursement requests, the Recipient shall
include a sworn Affidavit or American Institute of Architects (AIA) forms G702 and G703, as required
below.
A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient’s project
personnel with each reimbursement request attesting to the following: the percentage of completion of
the work that the reimbursement request represents, that disbursements or payments were made in
accordance with all the agreement and regulatory conditions, and that reimbursement is due and has
not been previously requested.
B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or
construction management firm provides construction administration services, the Recipient shall
provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for
Payment, or a comparable form approved by the Division, signed by the contractor and
inspection/certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a
comparable form approved by the Division.
VI. FINANCIAL CONSEQUENCES If Recipient fails to comply with any term of the grant, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the recipient;
2. Disallow all or part of the cost of the activity or action not in compliance; 3. Withhold further funding; or, 4. Take other remedies that may be legally available.
VII. SCHEDULE OF WORK
A. By March 31, 2025, the Recipient shall provide the Division with Task Product IV.A for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. B. By March 31, 2025, and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline and submit an invoice for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation table referenced in Task Product IV.A. C. By mutually agreed upon date(s), the Recipient shall provide the Division with Task Products IV.B through F, and Deliverables V.A and B (as applicable) for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By August 31, 2027, the Recipient shall provide a copy of the certificate of occupancy or completion or other appropriate written acceptance of completed work, or certification letter from the civil engineer showing that work meets specification of design, close-out documentation and final payment invoice.
Attachment B
Program Statutes and Regulations
Section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c).
Sec. 614. Grants for Construction of Emergency Operations Centers (42 U.S.C. 5196c)
(a) Grants - The Administrator of [FEMA] may make grants to States under this subchapter for
equipping, upgrading, and constructing State and local emergency operations centers.
(b) Federal Share - Notwithstanding any other provision of this subchapter, the Federal share of the
cost of an activity carried out using amounts from grants made under this section shall not exceed 75
percent
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
SUBRECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
(list applicable line items)
20___-20___ Anticipated Expenditures for First Three Months
of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining
the need for the cash advance. The justification must include supporting documentation that
clearly shows the advance will be expended within the first ninety (90) days of the contract term.
Support documentation should include quotes for purchases, delivery timelines, salary and
expense projections, etc. to provide the Division reasonable and necessary support that the
advance will be expended within the first ninety (90) days of the contract term. Any advance
funds not expended within the first ninety (90) days of the contract term shall be returned to the
Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days
of receipt, along with any interest earned on the advance)
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
[ ] ADVANCE REQUESTED Advance payment of $ _____________ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance.
Attachment D
Warranties and Representations
Financial Management
The Subrecipient’s financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2
C.F.R. §§200.317 through 200.327).
Business Hours
The Subrecipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from: ____________________________________________
___________________________________________________________________________________
Licensing and Permitting
All subcontractors or employees hired by the Subrecipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Subrecipient.
Attachment E
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Subrecipient, ____________________________, certifies,
by submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Subrecipient’s subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
______________________________
By: ____________________________ __________________________________
Signature Subrecipient’s Name
________________________________ __________________________________
Name and Title DEM Contract Number
________________________________ __________________________________
Street Address Project Number
________________________________
City, State, Zip
________________________________
Date
46 Attachment F
Byrd Anti-Lobbying Amendment Required Certification
If the Agreement is in excess of $100,000, the Contractor agrees to execute the required Byrd Anti-
Lobbying Certification.
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:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The Contractor, ___________________________, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to
this certification and disclosure, if any.
_______________________________ Signature of Contractor’s Authorized Official
_______________________________ Name and Title of Contractor’s Authorized Official
_______________________________ Date
47
Attachment G
Statement of Assurances
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All Sub-Recipients must comply with any such requirements set forth in the program NOFO. All Sub-Recipients who receive awards made under programs that prohibit supplanting by law must
ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. All Sub-Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds.
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this
prohibition would not preclude a Sub-Recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of
the Federal award. Sub-Recipients are required to comply with the requirements set forth in the government-wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2
C.F.R. Part 25, Appendix A, the full text of which incorporated here by reference in the terms and conditions of your award.
All Sub-Recipients must acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff.
1. Sub-Recipient must cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or DHS.
2. Sub-Recipient will give the State Administrative Agency, DHS or through any authorized
representative, access to and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to
facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.
3. Sub-Recipient must submit timely, complete, and accurate reports to the FDEM and maintain
appropriate backup documentation to support the reports. Sub-Recipients must also comply with all other special reporting, data collection and evaluation requirements, as prescribed by law or detailed in
program guidance.
4. Sub-Recipient will acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in
whole or in part with Federal funds.
5. Sub-Recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications.
48 6. When original or replacement equipment acquired under this award by the Sub-Recipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from FDEM to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. 7. DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if
applicable, and DHS/FEMA.
8. Sub-Recipient will comply with the applicable provisions of the following laws and policies prohibiting
discrimination:
a. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on
race, color, or national origin (including limited English proficiency).
b. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination
based on disability.
c. Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination
based on sex in education programs or activities.
d. Age Discrimination Act of 1975, which prohibits discrimination based on age.
e. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits
discrimination based on religion in social service programs.
49 Attachment H
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the Subrecipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
50
51