Backup Documents 10/12/2021 Item #16F 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F. E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office
a ( 81aL
2. BCC Office Board of County IUI 4 4013
Commissioners he/s/ a// 1/
3. Minutes and Records Clerk of Court's Office
i)6. V114 1a �
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Bendisa Zela Phone Number 239-252-8440
Contact/ Department
Agenda Date Item was October 12,2021 V Agenda Item Number 16.F.2
Approved by the BCC
Type of Document Subgrant and Grant Agreement for 36th Number of Original 1
Attached Avenue Fire Documents Attached
PO number or account iviA
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column • Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?(ORIGINAL ,i QUIRED) Yes SAIA1K
2. Does the document need to be sent to another agency for additio a - •-s, N/A*
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet
3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's J4
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the Yes
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip Yes
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on date above and all changes made during Yes N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the Yes N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the GOD an option for
Chairman's signature. this line.
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16F2
MEMORANDUM
Date: February 15, 2022
To: Bendisa Zela, Financial & Operational Support Manager
Corporate Business operations
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re Federally Funded Subaward and Grant Agreement with
Florida's Division of Emergency Management
Attached for further execution is the original grant agreement referenced above,
(Item #16F2) from the October 12, 2021 BCC Meeting.
After obtaining any necessary signature, please email an executed copy of the
agreement to ann.jennejohn@collierclerk.com, thereby providing a complete record
for the Board.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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Agreement Number: D0056
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an
agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non-Federal entity that provides a subaward to
a Subrecipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Subrecipient" means "a non-Federal entity that receives a subaward from a
pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non-Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R. §200.92,"subaward"means"an award provided by a pass-through entity to a Subrecipient
for the Subrecipient to carry out part of a Federal award received by the pass-through entity."
The following agreement is made and information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Subrecipient's name: Collier County
Subrecipient's unique entity identifier: 59-6000558
Federal Award Date: May 13,2020
Subaward Period of Performance Start and End Date(Cat B): May 13,2020 to June 2,2020
Subaward Period of Performance Start and End Date(Cat H): May 13, 2020 to June 2,2020
Amount of Federal Funds Obligated by this Agreement: $2,650.00
Total Amount of Federal Funds Obligated to the Subrecipient
by the pass-through entity to include this Agreement: $2,650.00
Total Amount of the Federal Award committed to the Subrecipient
by the pass-through entity: $2, 650.00
Federal award project description (see FFATA): Grant to Local Government for fire-fighting
activities and emergency protective measures.
Name of Federal awarding agency: Dept. of Homeland Security (DHS)
Federal Emergency Management
Agency(FEMA)
Name of pass-through entity: Florida Division of Emergency
Management(FDEM)
Contact information for the pass-through entity: 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Catalog of Federal Domestic Assistance(CFDA) Number and Name:
Indirect cost rate for the Federal award: See by 44 C.F.R.207.5(b)(4)
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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 Collier County (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;
B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for
ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate
consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State
and Federal agencies with audit, regulatory, or enforcement authority;
C. 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;
D. The Division, as the pass-through entity and fiduciary of such Federal funding, reserves the right to
demand that the Subrecipient comply with all applicable State and Federal laws, regulations and policies, terminate
reimbursements, and take any and all other actions it deems appropriate to protect those funds for which it is
responsible, including debt collections; and
E. 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 own funds." Therefore, section 215.971,
Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. Performance under this Agreement is subject to 2 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.
ill, 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.
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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. 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:
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:
Zachary Bell, Grant Manager
Bureau of Recovery
Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Telephone: (850) 815-4439
Email: zachary.bell@em.myflorida.com
®VD
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c. The name and address of the Representative of the Subrecipient responsible for the administration
of this Agreement is:
Len Golden Price, EM Coordinator
8075 Lely Cultural Parkway, Suite 453
Naples, FL 34113
Telephone: 239-252-8908
Email: Len.Price(c�coiliercountyfl.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
in writing via letter or electronic email. It is the Subrecipient's responsibility to authorize its users in the Recipient's
grants management system. Only the Authorized or Primary Agents identified in Attachment D to this Agreement
("Designation of Authority") may authorize addition or removal of agency users.
(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, of which may be taken as an original.
(6) SCOPE OF WORK
a. All eligible work and related costs must be associated with the incident period
of a declared fire. These are organized into the following two general categories:
Category B — (Emergency Protective Measures): Limited assistance provided under
section 403 of the Stafford Act; and
ii. Category H—(Fire-fighting Activities): Eligible work associated with fire-related activities
provided under section 420 of the Stafford Act. In accordance with§204.42,the following
are the determining factors of eligible work and their subsequent and respective
reimbursement:
Before obligating Federal funds to reimburse eligible work and related costs, the Regional Administrator must review
and approve the initial grant application, along with Project Worksheets submitted with the application and any
subsequent amendments to the application. Grantees will award Federal funds to subgrantees under State law and
procedure and
complying with 44 CFR part 13.
b. Equipment and supplies. Eligible costs include:
Personal comfort and safety items normally provided by the State under field conditions
for firefighter health and safety, including:
1. Firefighting supplies,tools, materials, expended or lost, to the extent not covered
by reasonable insurance will be replaced with comparable items.
ii. Operation and maintenance costs of publicly owned, contracted, rented, or volunteer
firefighting department equipment used in eligible firefighting activities to the extent any
of these costs are not included in applicable equipment rates. 0
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iii. Use of U.S. Government-owned equipment based on reasonable costs as billed by the
Federal agency and paid by the State. (Only direct costs for use of Federal Excess
Personal Property (FEPP) vehicles and equipment on loan to State Forestry and local
cooperators may be eligible.)
iv. Repair of equipment damaged in firefighting activities to the extent not covered by
reasonable insurance. We will use the lowest applicable equipment rates, or other rates
that we determine, to calculate the eligible cost of repairs.
v. Replacement of equipment lost or destroyed in firefighting activities, to the extent not
covered by reasonable insurance, will be replaced with comparable equipment.
c. Labor costs. Eligible costs include:
Overtime for permanent or reassigned State and local employees.
ii. Regular time and overtime for temporary and contract employees hired to perform fire-
related activities.
d. Travel and per diem costs. Eligible costs include:
Travel and per diem of employees who are providing services directly associated with
eligible fire-related activities may be eligible.
ii. Provision of field camps and meals when made available in place of per diem;
e. Pre-positioning costs:
The actual costs of pre-positioning Federal, out-of-State (including compact), and
international resources for a limited period may be eligible when those resources are
used in response to a declared fire.
ii. The Regional Administrator must approve all pre-positioning costs.
1. Upon approval of a State's request for a fire management assistance declaration
by the Assistant Administrator for the Disaster Assistance Directorate, the State
should immediately notify the Regional Administrator of its intention to seek
funding for pre-positioning resources.
2. The State must document the number of pre-positioned resources to be funded
and their respective locations throughout the State, estimate the cost of the pre-
positioned resources that were used on the declared fire and the amount of time
the resources were pre-positioned, and provide a detailed explanation of the
need to fund the pre-positioned resources.
3. The State will base the detailed explanation on recognized scientific indicators,
that include, but are not limited to,drought indices, short-term weather forecasts,
the current number of fires burning in the State, and the availability of in-State
firefighting resources, The State may also include other quantitative indicators
with which to measure the increased risk of the threat of a major disaster.
4. Based on the information contained in the State's notification, the Regional
Administrator will determine the number of days of pre-positioning to be
approved for Federal funding, up to a maximum of twenty one (21)days before
the fire declaration.
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iii. Upon rendering his/her determination on pre-positioning costs, the Regional
Administrator will notify the Assistant Administrator for the Disaster Assistance
Directorate of his/her determination.
f. Emergency work. We may authorize the use of section 403 of the Stafford Act, Essential Assistance,
under an approved fire management assistance grant when directly related to the mitigation,
management, and control of the declared fire. Essential assistance activities that may be eligible include,
but are not limited to, police barricading and traffic control, extraordinary emergency operations center
expenses, evacuations and sheltering, search and rescue, arson investigation teams, public information,
and the limited removal of trees that pose a threat to the general public.
g. Temporary repair of damage caused by firefighting activities. Temporary repair of damage caused by
eligible firefighting activities listed in this subpart involves short-term actions to repair damage directly
caused by the firefighting effort or activities. This includes minimal repairs to bulldozer lines, camps, and
staging areas to address safety concerns; as well as minimal repairs to facilities damaged by the
firefighting activities such as fences, buildings, bridges, roads, etc. All temporary repair work must be
completed within thirty (30) days of the close of the incident period for the declared fire,
h. Mobilization and demobilization. Costs for mobilization to, and demobilization from, a declared fire may
be eligible for reimbursement. Demobilization may be claimed at a delayed date if deployment involved
one or more declared fires. If resources are being used on more than one declared fire, mobilization and
demobilization costs must be claimed against the first declared fire.
i. Fires on co-mingled Federal/State lands. Reasonable costs for the mitigation, management, and control
of a declared fire burning on co-mingled Federal and State land may be eligible in cases where the State
has a responsibility for suppression activities under an agreement to perform such action on a non-
reimbursable basis. (This provision is an exception to normal FEMA policy under the Stafford Act and is
intended to accommodate only those rare instances that involve State firefighting on a Stafford Act
section 420 fire incident involving co-mingled Federal/State and privately-owned forest or grassland.)
j. Ineligible costs. Based on Stafford Act, § 204.43, costs not directly associated with the incident period
are ineligible. Ineligible costs include the following:
Costs incurred in the mitigation, management, and control of undeclared fires;
ii. Costs related to planning, pre-suppression (i.e., cutting fire-breaks without the presence
of an imminent threat, training, road widening, and other similar activities), and recovery
(i.e., land rehabilitation activities, such as seeding, planting operations, and erosion
control,or the salvage of timber and other materials, and restoration of facilities damaged
by fire);
iii. Costs for the straight or regular time salaries and benefits of a subgrantee's permanently
employed or reassigned personnel;
iv. Costs for mitigation, management, and control of a declared fire on co-mingled Federal
land when such costs are reimbursable to the State by a Federal agency under another
statute(See 44 CFR part 51);
v. Fires fought on Federal land are generally the responsibility of the Federal Agency that
owns or manages the land. Costs incurred while fighting fires on federally owned land
are not eligible under the Fire Management Assistance Grant Program except as noted
in Stafford Act, §204.42(i).
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(7) INCIDENT PERIOD
The incident period is the time interval during which the declared fire occurs. The FEMA Regional
Administrator, in consultation with the GAR and the Principal Advisor,will establish the incident
period. Generally, costs must be directly related to or incurred during the incident period to be
considered eligible. The incident period end date is determined when the GAR and the Principal Advisor advise the
FEMA Regional Administrator that the wildfire can be considered contained and the FEMA Regional Administrator
concurs.
(8) FUNDING
a, This is a cost-reimbursement Agreement, subject to the availability of funds. The amount of total
available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects
approved for this Subrecipient for FM-5309 36th Avenue SE Wildfire
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. The Recipient will provide funds on a cost reimbursement basis to the Subrecipient for eligible activities
approved by the Recipient and the Federal Awarding Agency.
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)." The Subrecipient
must complete Attachment"D" by designating at least three (3) agents to execute any necessary documentation on
behalf of the Subrecipient. After execution of this Agreement, the authorized, primary, and secondary Agent may
request changes to contacts via email to the State assigned team.
e. In the event the Subrecipient contacts have not been updated regularly and all three (3) Agents
have separated from the Subrecipient's agency, a designation of authority form will be needed to change contacts.
NOTE: This is very important because if contacts are not updated, notifications made from the grants management
system may not be received and could result in failure to meet time periods to appeal a Federal determination.
f. The Division will review all costs for work performed by comparing the documentation provided
by the Subrecipient in the grants management system against a performance measure, outlined in the Scope of Work
section of this Agreement, 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 proof of payment.
g. 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. §200.76 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 the Division and the Subrecipient
"relate financial data and accomplishments to performance goals and objectives of the Federal award." 0
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h. 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 authorized by the Federal Awarding Agency, and 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 in affect at the time of the disaster event. 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.
i. 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 (at the time of the execution of this
agreement: $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.
j. 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.
k. As defined by 2 C.F.R. §200.53, the term"improper payment" means or includes:
Any payment that should not have been made or that was made in an incorrect amount
(including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible recipient for an ineligible good or service, any duplicate
payment, any payment for a good or service not received (except for such payments
where authorized by law), any payment that does not account for credit or applicable
discounts, and any payment where insufficient or lack of documentation prevents a
reviewer from discerning whether a payment was proper.
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(9) RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the
Comptroller General of the United States, and 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 sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, pursuant to 2 C.F.R.
§200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any
of their authorized representatives, shall 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. §200.333, 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:
If any litigation, claim, or audit is started before the expiration of the five (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 (five) 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).
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d. In accordance with 2 C.F.R. §200.334, the Federal Awarding Agency must request transfer of
certain records to its custody from the Division or the Subrecipient when it determines that the records possess long-
term retention value.
e. In accordance with 2 C.F.R. §200.335,the Division must always provide or accept paper versions
of Agreement information to and from the 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, the Subrecipient shall take reasonable measures to safeguard
protected personal 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.
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.
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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.
(10) 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. §200.49, GAAP "has the
meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the
Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Subrecipient's performance under this Agreement, the Division
shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS,
"also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller
General of the United States, which are applicable to financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement, the 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 1/4)�
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Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(11) MONITORING
a. The Division shall monitor the performance of the Subrecipient 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,
b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site
visits by Division staff, limited scope reviews, 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 an 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.
(12) 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.
(13) 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 as 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;
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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; or
c. Any reports required by this Agreement have not been submitted to the Division or have been
submitted with incorrect, incomplete or insufficient information.
(14) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) days of providing written notice to the
Subrecipient and upon the Subrecipient's failure to cure within those thirty(30)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 (30) 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:
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;
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.
(15) TERMINATION
a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
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 (30) days prior written notice.
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16F
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.
(16) 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 200.326
as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards"). Additional requirements, guidance, templates and checklists regarding procurement may be
obtained through the FEMA Procurement Disaster Assistance Team. Resources found here:
https://www.fema.gov/grants/procurement.
b. If the Subrecipient contracts with any contractor or vendor for performance of
any portion of the work required under this Agreement, the Subrecipient must incorporate into its contract with such
contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their
contractors, the Division, its employees and/or their contractors, and the Subrecipient and its employees and/or their
contractors harmless from liability to third parties for claims asserted under such contract.
c. The Subrecipient shall monitor and document, in the Attachment J of this Agreement ("Quarterly
Report"), the contractor's progress in performing its work on its behalf under this Agreement in addition to its own
progress.
d. The Subrecipient shall ensure all contracts conform to sections 287.057 and 288.703, Florida
Statutes, as applicable.
e. The Subrecipient may request guidance concerning procurement activity from the Division, but shall
also use its own judgment to determine compliance with all applicable rules and statutes.
(17) PAYMENTS
a. Payments will be made through the U.S. Department of Health and Human Services
SMARTLINK system and in compliance with 44 CFR§ 13.21 and U.S. Treasury 31 CFR part 205, Cash Management
Improvement Act. All fire management assistance grants are subject to a cost share. The Federal cost share for fire
management assistance grants is seventy-five percent(75%).
b. 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 (30) days of receiving notice from
the Division.
c
14 `10
16Fe
(18) REPAYMENTS
a. All refunds or repayments due tc the Division under this agreement are due no later than thirty
(30)days from notification by the Division of funds due.
b. As a condition of funding under this Agreement, the Subrecipient agrees that the Recipient may
withhold funds otherwise payable to the Subrecipient from any disbursement to the Recipient, by the Federal
Awarding Agency or any other source, upon a determination by the Recipient or the Federal Awarding Agency that
funds exceeding the eligible costs have been disbursed to the Subrecipient pursuant to this Agreement or any other
funding agreement administered by the Recipient. The Subrecipient understands and agrees that the Recipient may
offset any funds due and payable to the Subrecipient until the debt to the State is satisfied. In such event, the
Recipient will notify the Subrecipient via the entry of notes in its grants management system.
c. All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of"Division of Emergency Management", must include the invoice number and the applicable Disaster and
Project number(s) that are the subject of the invoice, and be mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
d. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the
Division for collection, the 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.
(19) 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 the 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 (30) days written notice to the
Subrecipient, cause the termination of this Agreement and the release of the Division from all its obligations to the
Su brecipient.
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 sect.),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.
n
d
15
16Fl
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 receives funds under this Agreement from the Federal government,
certifies, to the best of its knowledge and belief, that it and its principals or affiliates:
Are not presently debarred, suspended, proposed for debarment, declared ineligible,
voluntarily excluded or disqualified from covered transactions by a Federal department
or agency;
ii. Have not, within a five (5)-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 (23) f. ii. of this certification; and,
iv. Have not,within a five(5)-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 to the assigned grant manager)
the completed Attachment C of this Agreement ("Certification Regarding Debarment") for the Subrecipient and a
screenshot reflecting such self-check via the Federal System for Award Management (SAM) clearinghouse through
the website www.sam.gov. Subrecipient shall also perform this check for any and all intended contractor or
subcontractor which Subrecipient plans to fund under this Agreement. A screenshot of the clearinghouse results for
each intended contractor or subcontractor should be maintained by the Subrecipient and provided to the Division
upon request. The check must be completed before the Subrecipient enters into a contract covering the scope of
work outlined in the PWs with any contractor or 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 unless otherwise governed by program specific waiver.
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")j. The Division shall consider
r)
16 �0
16F �
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.
I. 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. This provision is only applicable to
Subrecipients receiving a state cost share.
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), Florida Statutes., or been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
(20) 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:
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," in accordance with its instructions.
iii. The Subrecipient shall require that 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.
"G
17
16F �
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,
v. The Subrecipient and its Contractors shall sign Attachment L— Certification Regarding
Lobbying.
(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) NONDISCRIMINATION BY CONTRACTORS
Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Subrecipient must
undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement.
The Subrecipient is also subject to the requirements in the General Services Administrative Consolidated List of
Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17.
(27) DUPLICATION OF BENEFITS PROHIBITED
a. The Subrecipient understands it may not receive funding under this Agreement
to pay for damage covered by insurance, nor may the Subrecipient receive any other duplicate benefits from any
source whatsoever.
b. The Subrecipient agrees to reimburse the Recipient if it receives any duplicate
benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Subrecipient
has received payment from the Recipient.
c. The Subrecipient agrees to notify the Recipient in writing within thirty (30) days
of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source,
which could reasonably be considered as duplicate benefits.
d. In the event the Recipient determines the Subrecipient has received duplicate
benefits, the Subrecipient gives the Grantee/ Recipient the express authority to offset the amount of any such
duplicate benefits by withholding them from any other funds otherwise due and payable to the Subrecipient, and tc
use such remedies as may be available administratively or at law to recover such benefits.
(28)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 B—Scope of Work, Deliverables, and Financial Consequences
iii. Attachment C—Certification Regarding Debarment
iv. Attachment D— Designation of Authority
IR
16FL
v. Attachment H—Federal Funding Accountability and Transparency Act(FFATA)
Reporting
vi. Attachment 1—Mandatory Contract Provisions
vii, Attachment L—Certification Regarding Lobbying
o
19
1 6 F e
Agreement Number: D0056
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUBRECIPIENT: Collier7. C �,
AT TT
By: C • CRY,STAL K. KINZEL,CLERK
Willikm L. McDaniel, Jr. BY
Name:
attest as to,Ciiairman's
Title: Collier County BOCC Chair SlItatllr@ only.
Date: 101 la /
potato-COL
Approved as to form and legality
FEID# 59-6000558
kAr
Assistant County At .ncy
a\
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By.
Kevin Guthrie, Director
Date:
20
1 6 F 2
EXHIBIT—1
FUNDING SOURCES
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUBRECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Emergency Management Agency: Fire Management Assistance Grant Program
Catalog of Federal Domestic Assistance: 97.046
Amount of Federal Funding: $ 2,650.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER
THIS AGREEMENT:
• 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards
• 44 C.F.R. Part 206
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42
U.S.C. 5121 et seq., and Related Authorities
• FEMA Fire Management Assistance Grant Program and Policy Guide, February 2014
Federal Program:
1. Subrecipient is to use funding to perform eligible activities in accordance with the Stafford Act, FEMA Fire
Management Assistance Grant Program and Policy Guide, February 2014, and approved Project
Worksheet(s) (PW). Eligible work is classified into the following categories:
Emergency Work
Category B: Emergency Protective Measures
Permanent Work
Category H: Fire-fighting Activities
2. Subrecipient is subject to all administrative and financial requirements as set forth in this Agreement or will
be In violation of the terms of the Agreement.
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Attachment B
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of Work
FEMA has sole authority for determining eligibility of project activities and associated costs. The Subrecipient is
required to complete all eligible Projects and submit appropriate supporting documentation for all work and costs, as
approved by FEMA.
When FEMA has obligated funding for a Subrecipient's PW, the Division notifies the Subrecipient with a copy of the
PW(or P2 Report). Budget and Project List. For the purpose of this Agreement,each Project will be monitored,
completed and reimbursed independently of the other Projects which are made part of this Agreement.
Deliverables
For the purposes of this agreement, each project will be a standalone deliverable but may be compensated
incrementally based on the Subrecipient's expenditures.The required performance level is satisfactory completion of
the project as identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable,
Project will be paid upon obligation and validation of the Project Worksheet and execution of the subgrant agreement.
Subrecipient must initiate the Small Project Closeout in the grants management system within thirty (60) days of
completion of the project work,or no later than the period of performance end date. Small Project Closeout is initiated
by logging into the grants management system, selecting the Subrecipient's account, then selecting 'Create New
Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and 'Save'. The final action is
to advance the form to the next queue for review.
Financial Consequences:
2 CFR 200.338 and section 215.971, Florida Statute, requires the Division, as the recipient of Federal funding, to
apply financial consequences, including withholding a portion of funding up to the full amount in the event that the
Subrecipient fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required
activities/tasks.
For any Project(PW)that the Subrecipient fails to complete in compliance with Federal, State and Local requirements,
the Division shall withhold a portion of the funding up to the full amount until such compliance is either ultimately
obtained or the project is de-obligated by FEMA and/or withdrawn.
The Division shall apply the following financial consequences in these specifically identified events:
Work performed outside the Incident Period —
Based on 2 C.F.R. Section 200.309, a Subrecipient may be reimbursed only for eligible costs incurred for work
performed within the period of performance, Costs incurred as a result of work performed outside of the period of
performance will be deemed not allowable and ineligible for reimbursement by the Division as a financial
consequence. If the Subrecipient does not anticipate finishing the work within the original incident period, it must
request a time extension and support that the work cannot be timely completed due to extenuating circumstances
beyond the Subrecipient's control.
Additionally, if the project is not completed within the period of performance and a time extension request was not
granted,the Division will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect
the actual allowable costs incurred during the period of performance as a financial consequence.
Failure to timely submit quarterly reports— Pursuant to 2 C.F.R. Section 328, the Division is responsible for
oversight of the operations of the Federal award supported activities. Section 215.971, Florida Statutes provides the
Division must monitor the activities performed under Federal awards to assure compliance with applicable Federal
and State requirements and gain assurances that performance expectations are being achieved. Paragraph (12) of
the subgrant agreement also requires the Subrecipient to submit a quarterly report that identifies the progress made
on the project and will at a minimum include details regarding the status of all work in progress, work that has been
completed, and work that has yet to begin.
0.0
22
1 6 F e
These reports are due to the Division no later than 15 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. In the event that a Subrecipient
fails to timely submit this quarterly report, the Division will:
• Withhold $500.00 from the next approved and final payment/payable for each project not reflected on a
timely submitted Quarterly Report.
The Division retains the right to impose financial consequences for instances of non-performance or non-compliance
not specifically addressed in this section.
0
23
1 6 F 2
Attachment C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
With respect to any Subrecipient of the State, which receives funds under this Agreement from the Federal
government, to the best of its knowledge and belief, that it and its principals: i
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2, Have not within the five-year period preceding entering into this Agreement had one or more public
transactions(Federal, State, or Local) terminated for cause or default; and
3. Have not within the five (5) year period preceding entering into this proposal been convicted of or had a
civil judgment rendered against them for:
a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b)
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification, or destruction of records, making false statements, or receiving stolen property.
The Subrecipient understands and agrees that the language of this certification must be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and
cooperative agreements) and that all contractors and sub-contractors must certify and disclose accordingly.
The Subrecipient further understands and agrees that this certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
r
fr _
ArillP I
By: =�--- Collier County
Sian.- re Subrecipient's Name
Willi. L. McDaniel, Jr., Chairman D0056
Name and Title DEM Contract Number
3299 Tamiami Trail East, Suite 301
Street Address
Naples, FL 34112
City, State, Zip
101 ialal
Date
A I'f=E;S i - - Approved as to form and legality
• cRYSTAI. K. KiNZEI..CLERK
F3} - Ass sta'T'
t County At ey
Attest as to • Irma s
�. nr, •ftirF only.
V
24
16F2
Attachment D
DESIGNATION OF AUTHORITY
The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the
authority for the Subrecipient's Primary Agent and Alternate Agent to access the FDEM Grants Management System
in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event.
The Designation of Authority Form is originally submitted as Attachment"D" to the PA Funding Agreement for each
disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts
at least quarterly. The Authorized Representative can request a change in contacts via email to the State team; a
note should be entered in FDEM Grants Management System if the list is correct. Contacts should be removed as
soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized
representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency
Represbntatives currently listed as contacts that are not included on the updated form will be deleted from FDEM
Grants Management System as the contacts listed are replaced in the system, not supplemented. All users must log
in on a monthly basis to keep their accounts from becoming locked. Note: a designation of authority is NOT a
delegation of authority. A signatory must have an attached delegation of authority as appropriate.
Instructions for Completion
Complete the form in its entirety, listing the name and information for all representatives who will be working in the
FDEM Grant Management System. Users will be notified via email when they have been granted access. The user
must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will
lock them out. Each user must log in within a sixty (60) daytime period or their account will lock them out. In the
event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page.
The form is divided into twelve blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign
legal documents on behalf of your organization. (Only one Authorized Agent is allowed, and this person will have full
access/authority unless otherwise requested).
Block 2: "Primary Agent"—This is the person designated by your organization to receive all correspondence and is
our main point of contact. This contact will be responsible for answering questions, uploading documents, and
submitting reports/requests in FDEM Grants Management System. The Primary Agent is usually not the Authorized
Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent
is allowed, and this contact will have full access).
Block 3: "Alternate Agent"—This is the person designated by your organization to be available when the Primary is
not. (Only one Alternate Agent is allowed, and this contact will have full access).
Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance, and Environmental-Historic).
Providing these contacts is essential in the coordination and communication required between State and Local subject
matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you
enter the name and information again to ensure we are communicating with the correct individuals.
Block 7— 12: "Other" (Read Only Access)—There is no limit on "Other" contacts, but we ask that this be restricted
to those that are going to actually need to log in and have a role in reviewing the information. This designation is only
for situational awareness purposes as individuals with the "Other Read-Only" designation cannot take any action in
FDEM Grants Management System.
25
16F
DESIGNATION OF AUTHORITY(AGENTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Sub-Grantee:
Box 1: Authorized Agent(Full Access) Box 2: Primary Agent(Full Access)
Agent's Name: Mark Isackson Agent's Name -1- I r(3u1 on 11 ice- --.8.D Q '1 0-- �
Signature
C -
Signature �Ut A
Organization/Official Position Collier County/County Organization/Official Position EM Coordinator
Mnager
Mailing Address 3299'l'amtami '1rail East Suite 201 Mailing Address 807) LeiyCultural Parkway
City,State,Zip Naples, Florida 34112 City,State,Zip Naples, FL 34112
Daytime Telephone 239-252-8383 Daytime Telephone 239-252-8908
E-mail Address m ark isacksonLcolltercountyll.gov E-mail Address lenpricegeolltercountyll.gov
Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Access)
Agent's Name Official's Name lhereseStanley
Signature Signature
Organization Official Position Organization/Official Position (iratlts Compliance Manager
Mailing Address Mailing Address 3299'lamiami Trail East Suite 201
City,Stale,Zip City,State,Zip Naples, FL 34112
Daytime Telephone Daytime Telephone 239-252-299
E-mail Address E-mail Address theresestanley@colltcrcountytl.gov
Box 5: Other-Risk Mgmt-Insurance(Full Access) Box 6: Other-Environmental-Historic(Full Access)
Agent's Name Agent's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Daytime Telephone Daytime telephone
E-mail Address E-mail Address
The above Primary and Alternate Agents arc hereby authorized to execute and tile an Application for Public Assistance on behalf of the Sub-grantee for the
purpose of obtaining certain Grantee and Federal financial assistance under the Robert T.Stafford Disaster Relief&Emergency Assistance Act,(Public Law
93-2g8 as amended)or otherwise available.These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida,
Grantee,for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee. Additional contacts may be
placed on page 2 of this document for rend only access by the above Authorized Agents.
Sub-Grantee Authorized Agent Signature
September 28,2021
Date
Approved as to form and legality
-cam 0
Assistant County Atto
26
16F �
DESIGNATION OF AUTHORITY(AGENTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Sub-Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
Box 9: Other (Read Only Access) Box 10: Other (Read Only Access)
Agent's Name Official's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address [i-mail Address
Box 11: Other (Read Only Access) Box 12: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Daytime'felephone Daytime Telephone
E-mail Address E-mail Address
Sub-Grantee's Fiscal Year(FY)Start: Month: October Day
Sub-Grantee's Federal Employer's Identification Number(EIN) 59 - 6000558
Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management
Sub-Grantee's: FIPS Number(If Known) 021 - 99021 - 00
8
27 U
16F
Attachment H
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
INSTRUCTIONS AND WORKSHEET
PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on September
26, 2006. The intent of this legislation is to empower every American with the ability to hold the government
accountable for each spending decision, The FFATA legislation requires information on Federal awards
(Federal assistance and expenditures) be made available to the public via a single, searchable website,
which is http://www.usaspending.gov/
The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management("FDEM"or"Division") must use to capture and report sub-award and executive compensation
data regarding first-tier subawards that obligate$25,000 or more in Federal funds(excluding Recovery funds
as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5),
Note: This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity
to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be
filled out, signed, and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a subaward
(Agreement)that obligates $25,000 or more in Federal funds as described above. Please provide the
following information and return the signed form to the Division as requested.
PROJECT#: FM-5309
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $ 2,650.00
OBLIGATION/ACTION DATE:
SUBAWARD DATE(if applicable):
DUNS#: 076997790
DUNS# +4:
*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form (http://fedgov,dnb.com/webform). The process to request
a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME: Collier County Board of County Commissioners
DBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1: 3299 Tamiami Trail East, Suite 201
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY Naples STATE FL ZIP CODE+4** 34112-
PARENT COMPANY DUNS#(if applicable):
28
1 F
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT(Up to 4000 Characters): Wildfire consuming over 8,000 acres and
destroying approximately ten structures between May 13, 2020 and May 22, 2020 and requiring regional
response of more than 75 units from 12 regional counties.
LComplete eligible Projects for repair or replacement of Disaster damaged facilities.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4**
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: 25th
Congressional District
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
1. 1. In your business or organization's previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act, as defined at 2 CFR 170.320; AND, (b) $25,000,000 or more in annual gross
revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act?
Yes ❑ No
If the answer to Question 1 is "Yes,"continue to Question 2. If the answer to Question 1 is "No",
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes ❑ No ❑
If the answer to Question 2 is"Yes," move to the signature block below to complete the certification
and submittal process. [Note: Securities Exchange Commission information should be accessible
at http/lwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS)
information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives", in rank order,in your organization. For purposes of this request, the following terms apply
as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as"officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
29
16F2
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized
for financial statement reporting purposes with respect to the fiscal year in accordance with the
Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives,
and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property)for the executive exceeds $10,000.
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion
Rank Total Compensation
(Highest to Name for Most Recently
Lowest Last First MI _ Title Com leted Fiscal Year
1
2
3
—
4
5 —THE UNDERSIGNED CERTI H THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN�S AQC �R•
SIGNATURE: f—'�"�-'/� ` �
NAME AND TITLE: illiam L. McDaniel, Jr., Chairman
DATE: 21 Oc-{ 6�ty 12, 2OD-\ GJ3�aCC
cl-
•
ATTEST , Approved as to form and legality
::CRYSTAL K.KINZEL,CLERK
13Y: _-� (0c Assis ant County Attor
••
trii7t u$tt7 44atrll1 'S
signature only.
30
16F �
Attachment I
MANDATORY CONTRACT PROVISIONS
If a non-Federal entity (state or non-state)wants to use federal funds to pay or reimburse their expenses
for equipment or services under a contract, that contract must contain the applicable clauses described
in Appendix II to the Uniform Rules (Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards) under 2 C.F.R. § 200.326. In addition, there are certain contract clauses which are
recommended by FEMA.
This document outlines the federally required contract provisions in addition to
FEMA- recommended provisions.
• For some of the required clauses, sample language or references to find sample
language are provided.
• Sample language for certain required clauses (remedies, termination for cause and
convenience, changes) is not provided since these must be drafted in accordancewith the
non-Federal entity's applicable local laws and procedures.
• For the clauses which require that exact language be included, the required language is
provided. Those clauses are specifically identified below.
Please note that the non-Federal entity alone is responsible for ensuring that all language
included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part
200,Appendix II.
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16Fj
Required Contract Provisions: Quick Reference Guide
KEY
Required/Recommended Provision ❑
Required/Recommended Provision and Required Exact Language ❑
Not Required for PA Awards(Grants) ❑
Required Provision Contract Criteria Sample Language?
1 Legal/contractual/administrative >Simplified Acquisition � No. It is based on applicant's
remedies for breach of contract Threshold($250k) procedures.
Termination for cause or No. It is based on applicant's
2. >$10k f pp
convenience
procedures.
3. !Equal Employment Opportunity Construction work i Yes.41 CFR Part 60-1.4(b)
4. Davis Bacon Act ! Construction work Not applicable to PA grants
5. Copeland Anti-Kickback Act ; Construction work>$2k Not applicable to PA grants
!Contract Work Hours and Safet6. y >$100k+mechanics or
laborers Yes.29 CFR 5.5 b
!Standards Act ( }
Rights to inventions made under a I
7. contract or agreement Funding agreement Not applicable to PA grants
Clean Air Act and Federal Water 8' Pollution Control Act >$150k Yes
9. Debarment and Suspension All Yes
10. !Byrd Anti-Lobbying Amendment I All Yes.Clause and certification
! I (>$100k:Certification)
Applicant is a state or
11. ;Procurement of Recovered political subdivision of a
Materials E state.Work involves the use Yes
Iof materials.
32
1 6 F e
Recommended Contract Provisions: Quick Reference Guide
Recommended Provision Contract Criteria Sample Language?
1. Access to Records All Yes
2 Contract Changes or All No. It depends on nature of contract
.
Modifications and end-item procured.
3. DHS Seal, Logo, and Flags All Yes
Compliance with Federal Law,
4. All Yes
Regulations and Executive Orders
No Obligation by Federal
5. All Yes
Government
Program Fraud and False or
6. 1Fraudulent Statements or Related All Yes
Acts
3 3
70
1 6 F 2
REQUIRED CONTRACT PROVISIONS
1, REMEDIES
a. Standard. Contracts for more than the simplified acquisition threshold, currently set at
$250,000, must address administrative, contractual, or legal remedies in instances
where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate. See 2 C.F.R. Part 200, Appendix 1I(A).
b. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of$10,000 must address termination for cause and for
convenience by the non-Federal entity, including the manner by which it will be effected
and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).
b. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
3. EQUAL EMPLOYMENT OPPORTUNITY
If applicable, exact language below in subsection 3.d is required.
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that
meet the definition of"federally assisted construction contract"in 41 C.F.R. § 60-1.3 must
include the equal opportunity clause provided under 41 C.F.R. §60- 1.4(b), in accordance
with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319,
12935, 3 C.F,R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and
implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R, Part
200, Appendix II(C).
b. Key Definitions.
i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60- 1.3
defines a "federally assisted construction contract" as any agreement or
modification thereof between any applicant and a person for construction work
which is paid for in whole or in part with funds obtained from the Government or
borrowed on the credit of the Government pursuant to any Federal program
involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant
to any Federal program involving such grant, contract, loan, insurance, or
guarantee, or any application or modification thereof approved by the Government
for a grant, contract, loan, insurance, or guarantee under which the applicant itself
34 f7
16FC
•
participates in the construction work.
ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines
"construction work" as the construction, rehabilitation, alteration, conversion,
extension, demolition or repair of buildings, highways, or other changes or
improvements to real property, including facilities providing utility services.
The term also includes the supervision, inspection, and other onsite
functions incidental to the actual construction.
c. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the
insertion of the following contract clause.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual 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.
(2) The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee 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.
(4) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous
35
16Fj
places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders 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.
(7) 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.
(8) 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
36
0
16Fj
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.
4. DAVIS-BACON ACT
a. Standard. All prime construction contracts in excess of $2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§
3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29
C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix 11(D), In
accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week.
b. Applicability. The Davis-Bacon Act only applies to the Emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit
Security Grant Program. It DOES NOT apply to other FEMA grant and cooperative
agreement programs, including the Public Assistance Program.
c. Requirements. If applicable, the non-federal entity must do the following:
i. The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix 11(D), contracts subject to the
Davis-Bacon Act, must also include a provision for compliance with the Copeland
"Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor
regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from
the United States). The Copeland Anti- Kickback Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled. The
non- Federal entity must report all suspected or reported violations to FEMA.
37 40
1GFe
iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations
(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction").
Suggested Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in
compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144,
and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as
may be applicable. The contractor shall comply with 40 U.S.C.
3141-3144, and 3146-3148 and the requirements of 29 C.F.R.
pt. 5 as applicable.
b. Contractors are required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of
Labor.
c. Additionally, contractors are required to pay wages not less
than once a week.
5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with
the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States").
b. Applicability. This requirement applies to all contracts for construction or repair work
above
$2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the
FEMA Public Assistance Program.
c. Requirements. If applicable, the non-federal entity must include a provision for compliance
with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by
Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States). Each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to FEMA. Additionally, in
accordance with the regulation, each contractor and subcontractor must furnish each
week a statement with respect to the wages paid each of its employees engaged in
work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the
preceding weekly payroll period. The report shall be delivered by the contractor or
subcontractor, within seven days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at the site of the building or work.
38
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Sample Language. The following provides a sample contract clause:
Compliance with the Copeland "Anti-Kickback"Act.
a. 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.
b. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA
may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
of these contract clauses.
c. 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."
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the
non-Federal entity in excess of$100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as
supplemented by Department of Labor regulations at 29
C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, 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. Further, no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous.
b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal
entity in excess of $100,000 under grant and cooperative agreement programs that
involve the employment of mechanics or laborers. It is applicable to construction work.
These requirements do not apply to the purchase of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause
language concerning compliance with the Contract Work Hours and Safety
Standards Act. FEMA suggests including the following contract clause:
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit 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
39
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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$27 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (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.
7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
a. Standard. If the FEMA award meets the definition of"funding agreement"under 37C.F.R.
§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment
or performance of experimental, developmental, or research work under that"funding
agreement," the non-Federal entity must 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. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to "funding agreements," but it DOES NOT apply
to the Public Assistance, Hazard Mitigation Grant Program, Fire Management
Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program,
Disaster Case Management Grant Program, and Federal Assistance to Individuals and
Households — Other Needs Assistance Grant Program, as FEMA awards under these
programs do not meet the definition of "funding agreement."
40
16F �
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines "funding
agreement" as any contract, grant, or cooperative agreement entered into between any
Federal agency, other than the Tennessee Valley Authority, and any contractor for the
performance of experimental, developmental, or research work funded in whole or in part
by the Federal government. This term also includes any assignment, substitution of
parties, or subcontract of any type entered into for the performance of experimental,
developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
8, CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a. Standard. If applicable, contracts must contain a provision that requires the contractor
to agree to comply with all applicable standards, orders, or regulations issued pursuant
to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution
Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to
FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R.
Part 200, Appendix II(G).
b. Applicability. This requirement applies to contracts awarded by a non-federal
entity of amounts in excess of$150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.
Clean Air Act
1. The contractor agrees to comply with all applicable
standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. The contractor agrees to report each violation to the (name of
applicant entering into the contract) and understands and agrees
that the(name of the applicant entering into the contract) will, in
turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with
Federal assistance provided by FEMA.
Federal Water Pollution Control Act
1. The contractor agrees to comply with all applicable standards,
orders, or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. The contractor agrees to report each violation to the (name of
the applicant entering into the contract) and understands and
agrees that the (name of the applicant entering into the contract)
will, in turn, report each violation as required to assure notification to
the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
41
C
16F1
3. The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with
Federal assistance provided by FEMA.
9. DEBARMENT AND SUSPENSION
a. Standard. Non-Federal entities and contractors are subject to the debarment and
suspension regulations implementing Executive Order 12549, Debarment and
Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at
2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R.
Part 3000 (Nonprocurement Debarment andSuspension).
b. Applicability.This requirement applies to all FEMA grant and cooperative agreement
programs.
c. Requirements.
i. These regulations restrict awards, subawards, and contracts with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal assistance programs and activities. See 2 C.F.R. Part
200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not-be
made to parties listed in the SAM Exclusions. SAM Exclusions is the list
maintained by the General Services Administration that contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See
2 C.F.R. § 180.530.
ii. In general, an "excluded" party cannot receive a Federal grant award or a
contract within the meaning of a "covered transaction," to include subawards
and subcontracts. This includes parties that receive Federal funding indirectly,
such as contractors to recipients and Subrecipients. The key to the exclusion is
whether there is a "covered transaction," which is any nonprocurement
transaction (unless excepted) at either a "primary" or "secondary" tier.Although
"covered transactions" do not include contracts awarded by the Federal
Government for purposes of the nonprocurement common rule and DHS's
implementing regulations, it does include some contracts awarded by recipients
and Subrecipients.
iii. Specifically, a covered transaction includes the following contracts for goods
or services:
1. The contract is awarded by a recipient or subrecipient in the
amount of at least$25,000.
2. The contract requires the approval of FEMA, regardless of
amount.
3. The contract is for federally required audit services.
4. A subcontract is also a covered transaction if it is awarded by the
42 sr,
O
16F
contractor of a recipient or subrecipient and requires either the
approval of FEMA or is in excess of$25,000.
d. Suggested Language. The following provides a debarment and suspension clause. It
incorporates an optional method of verifying that contractors are not excluded
or disqualified.
Suspension and Debarment
(1) 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's 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).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 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.
(3) This certification is a material representation of fact relied upon by (insert
name of recipient/subrecipient/applicant). 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 (insert name of recipient/
subrecipient/applicant), the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of2 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.
10. BYRD ANTI-LOBBYING AMENDMENT
a. Standard. 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.
FEMA's regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. §
1352 and provides, in Appendix A to Part 18, a copy of the certification that is required
to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the Federal awarding agency.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement
programs. Contractors that apply or bid for a contract of $100,000 or more under a
federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix 11(1);
31 U.S.C. § 1352; and 44 C.F.R. Part 18.
43 CO°
1 6 F 2
c. Suggested Language.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 5 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 who in turn will forward the certification(s) to the awarding
agency.
d. Required Certification. If applicable, contractors must sign and submit to the non-
federal entity the following 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
an 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
44 ��,�
16F �
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor, 6 C_C. Cl t i r, 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.
6,6)
Signatu of Contractor's Authorized Official
William L. McDaniel, Jr., Chairman
Name and Title of Contractor's Authorized Official
l0 / 12..Ja.l
Date
ATTEST Approved as to form and legality
CRYSTAL K. KINZEL,CLERK b�lit�
f3 1
Y:
4 Assi County Atto L3" \�
C� O"
to Chairman's
signature onty.
45 0��
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11. PROCUREMENT OF RECOVERED MATERIALS
a Standard. A non-Federal entity that is a state agency or agency of a political
subdivision of a state and its contractors must comply with Section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. §200.322.
b. Applicability. This requirement applies to all contracts awarded by a non- federal
entity under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only items
designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds$10,000 or the value of
the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
d. Suggested Language.
i. 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-
1. Competitively within a timeframe providing for compliance
with the contract performance schedule;
2. Meeting contract performance requirements;or
3. At a reasonable price.
ii. 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-
cog-program.
iii, The Contractor also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act."
46 0
1 6 F 2
RECOMMENDED CONTRACT PROVISIONS
The Uniform Rules authorize FEMA to require additional provisions for non-Federal entity contracts.
Although FEMA does not currently require additional provisions, FEMA recommends the following:
1. ACCESS TO RECORDS
a. Standard. All recipients, Subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS access
to records, accounts, documents, information, facilities, and staff. Recipients must give
DHS/FEMA 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. See DHS Standard Terms and Conditions:
Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of
2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or
territorial government, or private non-profit for activities made pursuant to a contract
that purports to prohibit audits or internal reviews by the FEMA administrator or
Comptroller General.
b. Suggested Language.
Access to Records. The following access to records requirements apply to
this contract:
(1) The Contractor agrees to provide (insert name of state agency or
local or Indian tribal government), (insert name of recipient), the
FEMA Administrator, the Comptroller General of the United States, or
any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and
transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to
reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or
www.fema.gov/Arocurement-disaster-assistance-team
his authorized representatives access to construction or other work
sites pertaining to the work being completed under the contract.
(4) In compliance with the Disaster Recovery Act of 2018, the (write in
name of the non-federal entity) and the Contractor acknowledge and
agree that no language in this contract is intended to prohibit audits
or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
OW)
1
16F �
2. CHANGES
a. Standard. To be eligible for FEMA assistance under the non-Federal entity's FEMA
grant or cooperative agreement, the cost of the change, modification, change order, or
constructive change must be allowable, allocable, within the scope of its grant or
cooperative agreement, and reasonable for the completion of project scope.
b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes
clause in its contract that describes how, if at all, changes can be made by either party to
alter the method, price, or schedule of the work without breaching the contract. The
language of the clause may differ depending on the nature of the contract and the end-
item procured.
3. DHS SEAL, LOGO,AND FLAGS
a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos,
crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard
Terms and Conditions: Version 8.1 (2018).
b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a
provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions
of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
c. Suggested Language.
"The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA pre-approval."
4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
a. Standard. The recipient and its contractors are required to comply with all Federal
laws, regulations, and executive orders.
b. Applicability. FEMA recommends that all non-Federal entities place into their
contracts an acknowledgement that FEMA financial assistance will be used to fund
the contract along with the requirement that the contractor will comply with all applicable
Federal law, regulations, executive orders, and FEMA policies, procedures, and
directives.
c. Suggested Language.
"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."
5. NO OBLIGATION BY FEDERAL GOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.
FEMA is not subject to any obligations or liable to any party for any matter relating to
16F
the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its
contract that states that the Federal Government is not a party to the 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 the contract.
c. Suggested Language.
"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 the contract."
6. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
a. Standard. Recipients must comply with the requirements of The False Claims Act(31
U.S.C. §§ 3729-3733) which prohibits the submission of false or fraudulent claims for
payment to the federal government. See DHS Standard Terms and Conditions: Version
8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for
false claims and statements made. The non-Federal entity must include a provision in its
contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to its actions pertaining to the
contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its
contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to its actions pertaining to the
contract.
c. Sugqested Language.
"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."
ONP
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Attachment L
Certification Regarding Lobbying
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 Subrecipient or contractor, Collier County , certifies or affirms the truthfulness and
accuracy of each,s4. e .-s t of its certification and disclosure, if any. In addition,the Contractor understands and
agrees that the .r‘o1sions o S.C.. sap. 38, Administrative Remedies for False Claims and Statements,
apply to t i c rti ., and disclopur,,if an .
Signatur: of Subrecipient/contractor's Authorized Official
Williin L. McDaniel, Jr., Chairman
Name and Title of Subrecipient/contractor's Authorized Official
Oc+aber l2aoal
Date �pj oca
AT I! 51 Approved as to form and legality
CRNISTAL.K.KINZEj.;CLERK
BY: ,oe
Attest as to lit I'ITCT' As tant County Att cy
signature ontya. (\V'