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FEDERALLY FUNDED SUBWARD AND GRANT AGREEMENT - H0552 - 4337-484-R 0 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Kevin Guthrie Governor Director January 24, 2023 Ms. Sarah Kessler Environmental Specialist/CRS Coordinator 100 S. Myrtle Avenue Clearwater, Florida 33765 Re: Project #4337-484-R, City of Clearwater, Lift Stations Control Panel Elevation, Floodproofing Measures Dear Ms. Kessler: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0552 between the City of Clearwater and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Barbara.Holeda e . orida.co . The Project Manager for this contract is: Ms. Barbara Holeda, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Ms. Barbara Holeda at (850) 815-4338. Respectfully, Laura Digitally signed by Laura Dhuwe Dhuwe Date:2023.01.2411:40:50 05'00' Laura Dhuwe Bureau Chief, Mitigation State Hazard Mitigation Officer LD/mya Enclosure D IV IS 10 N H EA DQUA RTE R S Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.Florid aDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Agreement Number- H0552 Project Number: 4337-484-R FEDERALLY-FUNDED..SUDAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a°subaward may be..provided through any form of legal agreement, including an.agreement-that the pass-through entity considers a contract." AsAefined by 2 C.F.R.§200.1.;"pass-throughentity"means"a non-Federal entity that provides a subaward to.a subrecipient to:carry out part of.a Federal program." As defined by 2 C.F.R. §200,1, "Sub-Recipient"means"an entity, usually but not limited to no t Federal entities that.receives a subaward.from a pass-through entity to carry out part of a Federal pro.gram.`` As defined by 2 C.F.R.£200.1,"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.§204.1,"subaward°means"an award`provided by a pass-through entity to.a Sub-Recipient for the Sub-Recipient to carryout part of a Federal award received by the.pass=through entity.. The following information is provided pursuant to 2 CRR.§200.332: Sub-Recipient's name: C[ty of Clearwater Sub-Recipient's unique entity identifier(FEIN): 59-6000289 Federal Award Identification Number(FAIN): FEMA-DR-4337-FL Federal Award Date: July 21; 2020 Subaward Period of Performance Start and End Date: Upon execution through,January 31, 2024 Amount of Federal Funds Obligated by this Agreement; $462,006,00 Total Amount of Federal Funds Obligated.to the.Sub-Recipient by the pass.-through entity to include this.Agreement: $4$5,100.00 Total Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity $485,.1`00.00 Federal award project description.(see FFATA4 : Flood rootin Name of Federal awarding agency: Federal Emergency Management AgencyT Name of pass-through entity: FL Division.of Emergency Management Contact information.for the pass through entity: Barbara.Holeda{c7em.myffarida.com_ Catalog of Federal Domestic Assistance(C FDA) Number.and Name: 97.039.Hazard Mitigation Grant Program Whether the award is RAD: NIA Indirect cost rate for the Federal award:. NIA 1 THIS.AGREEMENT is entered intoby the.State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida(hereinafter referred toas the"Division"), and the City of Clearwater, (hereinafter referred to as the"Sura-Recipient.'). For the purposes of this Agreernent, the.Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves.as the recipient of a subaward. THIS AGREEMENT IS.ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The:Sub=Recipientrepresents that it is filly qualified and eligible to receive these grant funds to providethe services identified herein;. B. The.State of.Florida received`these.grant:fu.nds.from the Federal government, and the Division has the authority to.subgrant these funds to the Sub-Recipient upon the terms.and conditions outlined below; and, C. The Division.has statutory authority to disburse the funds under this Agreement. THEREFORE,the Division and the Sub-Recipient agree to the following: (1) .APPLICATION QF.STATE LAW TO THIS AGREEMENT C.F.R.§200.302(a) provides. "Each state must expend and account for the Federal. award in.accordancewith.statelaws and procedures for expending and accounting for the state's own funds." Therefore, section.215.9.71; Florida Statutes,:e nt itled 4Agreements funded.With federal or state assistance",:applies to this.Agreement. (2) LAWS RULES REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part. `200, entitled"Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards." b. As required by section 215.971(1),Florida Statutes,this Agreement includes: is A provision specifying.a:sc..ope of work that clearly establishes the tasks that the Sub-Recipient,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.. ii.i. A provision specifying the financial consequences that apply if the Sub- Recipi-ent fails to perform the minimum level of service required.by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A.provision.specifying that any balance.ofunobligated fundswhich has..been advanced or paid must.be refunded to the.DivWon. 2 Vi. A.provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms.and conditions of the.agreement must be refunded to the Division. c, ln,addition to.the foregoing,the.Sub-Recipient and the Division shalt be governed by all applicable State and Federal'laws, rules and regulations, including those identified in.Attachment B. Any express reference in this:Agreement:to a particular statute, rule, or regulation in no way implies.that no other statute,rule, orregulation applies. (3) .CONTACT a. in accordancevith section 215.971(2), Florida Statutes,the Division's Grant Manager shall be.responsible for enforcing performance of this Agreement's terns and conditions.and shall serve as the Divis'ion's liaison with the Sub-Recipient. As part of his/her duties.;the Grant Manager for the.Division shall; i. Monitor and document Sub-Recipient performance; and, Ii. Review-and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Graht.Manager:for this Agreement is: Ms. Barbara Holed Project Manager Bureau of Mitigation Florida.Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: 850-8.15-4538 Email: Barbara.Holeda@em.m)[gorida.com The Division's Alternate Grant Manager for this Agreement is: Kathleen Marshall Community Program Manager Bureau of Mitigation Florida Division of Emergency Management 2555 Shumard.Cak Boulevard Tallahassee, FL 32399 Telephone. 850-815-4503. Email; Kathleen.Marshal!a@em.myfloeida.com 3 1.. The name and address of the Representative.of the Sub-Recipient responsible for the administration of this Agreement is: Ms. Sarah Kessler Environmental Specialist/CRS Coordinator City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33765 Telephone; 727-5624897 Email; Sarah.Kessler@MyClearwater.com 2. in the event that different re p rese n tafi ves or addresses are designated by either party after execution.of.this Agreement, notice of tha name,title and address of the new representative.will be provided to the other panty.. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditionsagreed upon by the parties. (5� EXECUTION This Agreement maybe executed in an.y number.of.counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of.#his Agreement. Changes: which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement, (7) SCOPE OF WORK. The Sub=Recipient shall perform the work in accordance with.the Budget and Scope.of Work,.Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall:begin upon execution by both parties and shall end on January 31, 2024,.unless terminated earlier in accordance with.the provisians..of Paragraph (177 of this.Agreement.. Consistent with the definition of"period of performance"contained in 2.C.F.R. §20x:77,the term"period of agreement.'refers.to the timeduring which the Sub-Recipient."may incur new obligations to carry out the work authorized under"this Agreement. In accordance with section 215.971(1)(d), Florida.Statutes, the Sub.-Recipient may expend funds authorized.by:this Agreement"only for allowable casts resulting from obligationa incurred during"the period.of agreement; (9.).FUNDING a. This is a cost-reimbursement Agreement, subject.to the availability of funds.. 4. 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 nmadification in accordance.-with either chapter 216, Florida.Statutes, or the Florida Constitution. c. The:Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable; The:maximum reimbursement amount for each deliverable is outlined in Attachment A of this.Agreem.ent("Budget.and.Scope of Work'), The maximum reimbursement amount for the entirety of this Agreement.is$462,000.00. d. As required.by.2 C..F.R.§200.415(a),anyrequest for payment under this.Agreeme.nt Must:include a certification, signed by an official who is;authorized to legally bind_tf7e_Sub�Recipfent, 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 condi tions of the Federal award. 1 am aware that any false,fictitious, or fraudulent.information, or the omission of any material fact;may subject me to criminal,: civil.or administrative penalties for fraud, false statements,false claims or otherwise,(U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly delineates; i. The required minimum acceptable level of..service.to be-performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215,971(1)(b), Florida.Statutes, remains consistent with the requirement for a"performance goal",which is defined.in 2 C.F.R.§200.76 as "a target.level of performance expressed as a tangible; measurable objective,against which actual achievement can be compared." It also.remains cons.istentwith.the.requirement, contained in 2 C.F.R. §200.3291 that the Division and the Sub-Recip ient."relate financial data.to performance.goals and objectives.of the Federal.award." .g. If authorized tsy the Federal Awarding Agency,.then.the Division will reimburse the Sub=Recipient for overtime expenses in accordance.with 2 C.F.R.§200.430.("Compensation-personal services")and 2 C.F.R. §200.431 ("Compensation=fringe benefits'). If the Sufi-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation,.holiday, .illness,failure of the.employer to provide.sufficient work, or other similar cause(See.29 U.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,.Sub-Recipient=employee agreement, or an established policy of the Sub-Recipient: 2..C:.F.R. §200.431(b) provides,that the cost of fringe benefits in 5 the:form of regular:compensation paid.to ernployees 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; fl. 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 .leaveis consistently followed by the non-Federal entity or specified grouping of employees,. h. If authorized-by the Federal Awarding Agency,then the Division will.reimburse the Sub_Recipient for travel expenses in accordance with 2 C.F.R. §200,474: At 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.Sub- Recipient seeks reimbursement for travel costs that exceedthe amounts stated.in section 112.061(6)(0); Florida Statutes ($6 for breakfast,$11 for lunch,and:$19 for dinner),then the Sub-Recipient must provide docurnentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as-:a result of the Sufi-Recipient's written travel policy; and, H. Participation of the individual in the travel is necessary to the Federal award. i, The Division's grant manager,as required by section 21.5,971(2)(.c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement.period and produce a final reconciliation report. The final report must.identify any funds paid in excess of the expenditures incurred by the Sub-Recipient.. j. As.defined.by 2 C.F,R..§200.1,the term`improper payment' means.or includes: i. Any payment that should not.have been made or that was made in an incorrect amount.(includ ing overpayments.and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and; ii. Any payment to an ineligible parry, anypayment for an ineligible good or service, any duplicate payment; any payment for..a.good or service:not received(except fpr such payments where authorized by law), any payment that does.not account for credit for applicable discounts, and any payment where insufficient.or lack of documentation prevents a reviewer from discerning whether apayment was proper. (10) RECORDS a. As required by:2 C.F.R. 6200,336, 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 rightof access to any documents, papers,or other records of the Sub-Recipient which are pertinent to the.Federal award, in order to make audits; examinations, excerpts; and transcripts. The right 6 of access also includes timelyand reasonable access to the Sub-Recipient'spersonnel 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. L .As required by 2 C.F.R..§200.332(a)(5),the Division,the Chief Inspector General of the State of Florida, the Florida:Auditor General, or any of tfieV authorized representatives, shall enjoy the right of access to any documents, financial statements, papers.,.or other records of the Sub-Recipient. which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also.includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview anddiscussion re..lated.to such documents. c. As required by,Florida Departrnent.of State's record retention requirements(Chapter 1.19, Florida Statutes)and by 2 C.F.R. §200.334,the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement,for a period of five(5)years from the date of _ submission of the final expenditure report. The.following are the only exceptions to the five(5)year requirement: i. If:any litigation,claim, or audit is started before the expiration of the-5-year period,then the records must be retained until all.litigation; claims, or audit findings involving the records have been resolved and final:action taken. #i. When the Division or the Sub.-Recipient isnotified in writing by the Federal awarding agency,.cognizant agency for audit, oversight agency for audit,cognizant agencyfor indirect. costs, or:pass-through entity to extend the retention period. iii. Recordsfor real property and equipment acquired with Federal.funds must. be.retained for 5 years after final disposition: iv. When records.are transferred to.or maintained by the Federal awarding agency or pass-through entity,.the 5-year retention requirement:is not applicable to the Sub-Recipient. V. records for program incorne 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. VL 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 chargehack rates or composite fringe benefit rates). 7 d. 1h.accordance With 2 C.F.R. §200.335,the Federal awarding agency must request transfer of:certain records to its custody from the Division or the Sub-Rec'ipientwhen it.determines that the records possess long-term retention value. e. In accordance.with 2.C.F.R. §200.336, the Division must always.provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. if paper copies are submitted, then the Division must notrequire 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, electronicversions may he 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 by2 C;F.R..§200,.303,:the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and.other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive:consistent with applicable Federal,state, local, and tribal laws regardingprivacy 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.arribit 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.voIunteer fire department. Thus,to the extent that the.Government in the..Sunshine.Law applies to the Sub-Recipient based.upon the funds provided under th is.Agreement,the.meetings of the Sub- Recipient's governing board or.the meetings.of any subcommittee.making recommendations to the governing board may be subject to open government requirements. These.meetings shall be publicly noticed,open to the public, and the minutes.of all the meetings shall be public records; available to the public:in accordance with chapter 119., Florida Statutes. h. Florida's.Public:Records.Law provides a right of access.:to the records 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.govemmental agency{or a private entity acting on.behalf of such an agency} in conjunction with official business winch are used.ta 8 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. Trus;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 isthe refore.subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid.from funds provided under this Agreement, including documentation of all program costs,.fn a form sufficient to detertriine compliance with the requirements and objectives of the Budget and Scope.of Work-.Attachment A-and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER.119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT. (850) 815.7671 Records a@em.myflorida.com, or 2555 Shumard .Oak Boulevard, Tallahassee, FL 32399,. (11)AUDITS a. The Sub-Recipient 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 Sub-Recipient shall.follow Generally Accepted Accounting Principles("GAAR). As defined by 2 C.F.R. §200.1, GAAP*has the meaning specified in accounting:standards issued by the GovernmentAccounting Standards Board.{GASB}and the Financial Accounting Standards Board (FASBy.' C. When conducting an audit of the Sub-Recipient's:performance under this Agreement, the.Division,shall use Generally Accepted Government Auditing Standards('GAGAS"). As defined by 2 C.F.R.§200,1, GAGAS;"also known.as.the.Yellow Book, means generally.accepted government:auditing standards.issued by the Comptrolfer General of the:United.States, which are applicable to financial audits,'' d. If.an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty(30)days.after the Division has:notified the Sub=Recipient of such non- compliance... 9 e. The Sub=Recipient shall have allaudits completed by an independent auditor, which is defined in section 215.97(2)(i),Florida 5tatutes,.as"an independent certified.public accountant.licensed underchapter 473." The independent auditor shall.state that.the audit complied with the applicable.. provisions noted.above. The audit must be received by the Division no later than nine months.from.the end of the Sub-Recipient's fiscal year.. f. The Sub-Recipient.shall send copiesof reporting packages for audits.eonducted in accordance with.2.C.F.R..Part 200, by or on behalf of the Sub-Recipient;to the Division.at the following. address: DEMS!ngle—Audit@em.myflorid.a.com OR Office of the Inspector General 2555'Shumard Oak Boulevard Tallahassee,.Florida 32390-2100. g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http-//harvester.c.engus.goij/`fac/collecYddeind.iBx.html h. The Sub-Recipient shall send any management letter issued by the.auditor to the Division at the following address: DFMSing le_Audit@em,rriyflorida,cam OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R..§200;32$,the Sub-Recipient shall provide the Division with quarterly reports and a close-out.report, These.reports shall include the current.status and progress by the:Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in.addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (1$}days after the end` of each quarter of the program year and shall be sent each quarter until.submission of the administrative close-out.report. The ending dates for each quarter of the program year.are March 31,.June 30, September 30, and. December 31. c. The close-out report.is due sixty(60)days after termination of this Agreement or'sixty. (60)days after completion of the activities contained in this Agreement, whichever first occurs. 10 d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptableto the Division,then.the.Division may withhold further payments.until they are. competed or may take other action as.stated in.Paragraph (16) REMEDIES. "Acceptable.to the Division"means.that the work productwas completed in accordance.with.the Budge#and.Scope of Work, e. The Sub-Recipient shall provide additional:program updates. or information that may be required by the Division. f. The Sub-Recipient shall provide.additional reports and information identified in Attachment F. .(13.) MONITORING a. The Sub-Recipient shall monitor its.performance under this Agreement, as well.as that.of its subcontractors.and/or consultants who.are paid from funds provided under this Agreernen#,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are.being accomplished within the specified time periods, and other performance goals are.being achieved. A review shall be done for each:function or activity in Attachment A to this Agreement and reported in.the quarterly report. b. In:addit€ori to reviews.,of audits, monitoringprocedures may include, but.not be limited to, on-site visits by Division:staff; limited scope audits, and/or other procedures. The Sub-Recipient agrees to.comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines.#hat a limited scope audit of the Sub-Recipient is appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit: The Sub-Recipient further agrees to comply and cooperate With any inspections, reviews, investigations or audits deemed necessary by the l=lorida.Chief Financial Officer.or Auditor General. In addition,the:Division will monitor the performance and financial management by thie..Sub.-Recipient throughout the contract term to ensure timely completion.of all tasks. (14) LIABILITY a. Llnless.Sub-Recipient is a State agency or subdivision, as defined in section 768:28(2),:Florida Statutes,,the Sub-Recipient is solely responsible to parties it deals within carrying.out the terms of this Agreement and,.as authorized by.section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by thirdparties arising from the work performance under this Agreement. For purposes of this Agreement, Sub_Recipientagrees that it is not an.empIcyee.or.agent:of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agreesto.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 11 sovereign immunity byany.S.ub-Recipientto which sovereign immunityapplies. [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 gut.of any contract. {15} DEFAULT If any of the following events occur("Events of Default"), al[obligations on the part of the Division to make.further payment of€ands.shall#erm inafe and the Division has the option to exercise any of..its reimedies.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 withoutbecoming .liable to make any further payment it. a. Any warranty or representation rade by the Sub-Recipient inthis this, or any previous agreement with the Division is or becomes false or misleading in any respect-or if the.Sub- Recipient fails to keep or perform any of theobligations,terms or covenants in this Agreement or previous agreement With the Division and has not cured them in timely fashion, or is.unable or unwilling to meet its obligations under this Agreement; b. Material.adverse changes occur int he financial condition of.the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty(30)days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with.incorrect, incomplete or insufficient information; or, d.. The Sub-Recipient has failed to perform.and complete on time any of its obligations: under this.Agreement. (16) REMEDIES If an Event of DefauIt.occurs, then the.Division shall,after thirty(30)calendar days Written notice to the.Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty{30} days, exercise anyone or.more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient.is given at least thirty(30) days prior written notice cf the termination. The notice shall be effective when placed in the United: States;first class mail,-postage prepaid, by registered or certifiedmail-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 Sub-Reciplent.refurid to the.Division any monies used for ineligible purposes•under the laws; rules and regulationsgoverning,the use.of these funds. e, Exercise any corrective or remedial.actions,to include but.not be limited to: 12 is Request additional information.from the Sub-Recipient to determine the reasons for or the.extent.of non-compliance or lack of performance, ii. Issue a written.warning to-advise that more serious measures may be taken if the%situation is not corrected., iii. Advise the Sub-Recipient to suspend, discontinue or re€rain.from incurring costs for any activities in question or iv: Require the Sub-Recipient to reimburse the Division for the amount.of costs incurred for any items determined to be ine[igible; f. Exercise any other rights or remedies.which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in.equity. if the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub--Recipient; it will not affect, extend or waive any other right or remedy of the Division, or affect the later exerciseof the same right or remedy by the Division for any other default by the Sub-Reciplent: [17] TERMINATION a: The Division may terminate this Agreement for cause after thirty(M)days written notice. Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws:and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter,or other material subject to disclosure under chapter 1:19, Florida Statutes, as amended. b: The.Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not.produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty(30)calendar day's prior written notice. c. The partiesmay 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 Agreementis..terminated, the Sub.-Recipient will not incur new obligations for the terminated pgrtion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs.incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not-be relieved of liability to.the Division because of any breach of Agreement by the Sub=Recipient: The Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the.Division from the Sub-Recipient is determined. (18) PROCUREMENT 13 a. The.Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement.complies with all.applicable federal.and state laws and.regulations, to include.2 Q.Y.R. §§200.318 through 200:327 as well as Appendix 11 to.2 C.F.R. Part 20.0(entitled"Contract Pravisions.for Non-Federal Entity Contracts Linder Federal Awards''). b. As required by 2 C.F.R..§2p0.318(i}, the Sub-Recipient shall"maintain.records sufficient to detail the histo.y of procurement. These records will include, but are.not necessarily limited to the following: rationale for the method of procurement;.selection of contract type,contractor selection or rejection, and the basis for the contract price. c.. As required by 2 C.F.R.§200.318(b),the Sub-Recipient shall"maintain oversight to ensure that contractors.perform in.accordance with the terms, conditions, and specifications of their contracts or purchase orders:" In order to demonstrate compliance with:this requirement,the Sub- Recipient shall document, in its quarterly report to the:Division,the progress of any and all:s.ubcontracto.rs performing work under this Agreement. d. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this.Agreement, (ii)the subcontractor is bound:by all applicable state and federal laws and regulations, and (iii)the subcontractor shall.hold the Division and Sub-Recipient:harmless against all claims of whatever nature arising but of the subcontractor's performance of work under this Agreement,jo.the extent allowed and required bylaw. e.. .As:required by 2 C.F.R:§204.31.8(c)(1), the Sub-Recipient shall"maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged.in. the selection, award and administration of contracts." f. As required by 2 C.F.R.§200.31 g.(a);the.Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition.° Accordingly;the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii: Require unnecessary experience.orexcessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts.to consultants that.are on retainer contracts.-, v: Authorize., condone, or ignore:organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors..tooffer an equivalent; 14 vii: Specify a brand name product instead of describing thie performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the. .procurement; Viii. Engage in any arbitrary action during the procurement process.; or, ix: Allow a vendor to bid oil a contract if that bidder was involved with developing or drafting the specifications, requirements,statement of work; invitation to hid,.or req vest for proposals. g. "[E]Xcept in those cases where applicable Federal statutes expressly mandate or encourage°otherwise,the Sub-Recipient, as required by 2 C.F.R. §200.319(c),.shall not use..a. geographic.preference when procuring commodities or services under this Agreement. h. The.Sub-Recipient shall conduct any procurement involving invitations to bid.(i.e. sealed bids)in accordance with 2 C.F.R. §200.3.20(d)aswell as section 287.057(1)(a)„Florida Statutes. i. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive:proposals) in accordance with 2 C:F.R. §200.320(2)as well as section.28.7.057(1)(b), Florida Statutes. j. For each subcontract,the.Sub-Recipient shall provide a written statement to the Division.as to whether that subcontractor is.a minority business enterprise;.as defined in section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses,women's business enterprises, and labor surplus area. firms"). k. if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,.then the Sub-Recipient shall review its competitive solicitation and subsequent contract to be awarded.-for compliance with the.procurement.standards in 2 C:F.R..§§200.318 through 200.3.27 and required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub-Recipient publishes a competitive solicitation or.executes a.contra.ct that is:not incompliance with the Federal procurement standards in 2 C,F.R'. 5§200.318 through 200.327 or the requirements of Appendix Il to.2 C.F.R. Part 200,then the Sub-Recipient is on.notice that the Division may: a) Terminate.this Agreement in accordance.with the provisions outlinedin paragraph (17)above;:or, b) Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. I. FEMA has developed helpful resources for.s.ubgrant recipients related,to compliance With the Federal p.rocurement'.standards in 2.C.F.R..§§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. These resoumes.are generally availab[e.at https:llwww;fema_goy/procurement-disaster-assistance-team. 1.5 (19)ATTACHMENTS a, All attachments ta.this Agreement are incorporated as if set outfully, b. In the event of any inconsistencies or coriffict.between the language of this Agreement and.the attachments, the language of.the attachments shall:control, but only to.tle..extent of the conflict or inconsistency. c. This Agreement has:the following attachments: i. Exhibit 1 -Funding Sources .ii. Attach ment,A—Budget and Scope of Work iii. Attachment B:—Program Statutes and.Regulations iv.. Attachment C—Statement of Assurances V, Attachment D—Request for Advance or Reimbursement Vi. Attachment E Justification of Advance Payment vii. Attachment F Quarterly Report Form viii. Attachment G—Warranties and Representations ix. Attachment H—Certification.Regarding Debarment X. Attachment I—Federal Funding Accountability and Transparency Act xi. Attachment J—Mandatory Contract Provisions xii, Attachment Kr--Certification Regarding Lobbying (20).PAYMENTS a. Any advance payment under this Agreement is subject.to.2.C.F.R, §200.3.05:and, as. applicable, section 21 6.181(16),.Florida Statutes. All advances are required to be held in an.interest- tiearing account, If an advance payment is requested;the budget data on which the request is based.and a justification statement shall be included in this Agreement as.Attachment E. Attachment E will specify the.amount of advance payment needed and provide an explanation of the.necessity for and proposed use of these'funds. No advance shall be accepted for processing if a reimbursernent has been paid.prior to the submittal of a request for advanced.payment; After the"initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be subrriitted.at least quarterly and shall include the supporting. documentation for all costs of the project or services.: The final invoice shall be submitted within sixty(60) days after the expiration date of the agreement.. An explanation of any circumstances.prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as.part.of the Sub- Recipient's..quarterly reporting as referenced in Paragraph (1.2) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management-and Budgeting,the State Chief Financial Officer or under subparagraph(9)b. of this Agreement; all obligations on.the:part.of the Division 16 to make any further payment of funds shall terminate, and the Sun-Recipient shall.submit:its.closeout. report within thirty(3Q)days of receiving notice from:the Division. (21) REPAYMENTS a. All refunds or repayments due to.the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier .2555S humard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with section 215.34(2), Florida.Statutes,.if.a check or.other draft is returned.to the Division for collection, Sub.=Recipient shall pay the Division a.service fee of$15.00.or 5% of the face amount of the returned check or draft,whichever is greater. (22) MANDATED CONDITIONS a... The validity of this Agreement.is subject to the truth and accuracy of all the information, representations,and materials submitted or provided. by the Sub-Recipient in this Agreement, in any later submission or response to a.Division request,or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated. by reference. The inaccuracy of the submissions or any material changes shall, at the option of the. Division and with thirty(30)days written notice to the.Sub-Recipient, cause the termination of this Agreement and the:release of the:Division from all its obligations.to the Sub=Recipient. 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 isin conflict with any applicable statute or rule, or 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 Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-33.5, 42 U.S C..Section 12101 et seg. ,which prohibits discrimination by public and private entities on the basis of disability in ermployment,.public accommodations,transportat"ion,State.and focal government services,.and telecommunications. e. Those who have..been placed on the convicted vendor list following a conviction for a public entity crime or on the.discriminatory vendor list-may not submita.bid on a contract to provide any goods or services.to a public entity, may not submit a bid on a contract with a publicantity for the construction.or repair.of.a public.building_ .or public work, may not submit.bids on leases of real property to 17 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 withany public entityin excess of$25,000.00 for a period.of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipientwhich.is not,a local government or state agency, and which receives funds under this Agreement.from the.federal government,certifies, to the.best of its knowledge a.nd..belief; that it and its principals or affiliates: i. Am.not presently.debarred; suspended, proposed.for debarment, declared ineligible,voluntarily excluded or disqualified from covered transactions by.a federal department or agency; ii. Have riot,within a:fve-year period preceding this.proposal been convicted of or had a.civil judgment:rendered.against them for fraud or a cOminal.o€fense.in connection with obtaining, atteirnpting to obtain, or performing a:pubIic:(fed era l,state.or local)transaction or contractunder public transaction;violation of federal or state antitrust:statutes.or commission.of embezzlement, theft,forgery,. bribery,.falsification or destruction of records, making false statements,or receiving stolen property; iii. Are not:presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local).with.commission of any offenses enumerated in paragraph (22)f. ii, of this certification;:and, iv. Have hot within a:five-year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. .g. In addition,the Sub-Reciplent shall send to the.Division.(by email or by facsimile transmission)the completed "Certification. Regarding Debarment, Suspension; Ineligibility And Voluntary Exclusion" (Attachment H)for each intended subcontractor which Sub- Recipient.plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient.enters into a contract-with any subcontractor. h:. The.Division reserves the right.to unilaterally cancel this Agreement if the.Sub- Recipient refuses.to allow public access to all documents, papers, letters or other material subject to the provisions:of chapter 119, Florida Statutes,which the..Sub-Recipient created or received under this Agreement. i. If the Sub-Recipient is allowed to temporarily invest.any advances.of funds under this Agreement, any interest income shall either bereturned to the.Division or be applied against the Division's.obligation to pay the contract amount. j. The State.of Florida will not intentionally award publicly-funded contracts.to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e).[Section 274A(e)of the.Immigration and Nationality Act {"INA')]. The Division.shall consider the employment.by any.contractor.of unauthorized aliens a violation 18 .of.5ection 274A(e) of the INA. Such violation by the.Sub-Recipient of the employment provisions contained in Section 274A(e) of the INA shall be.grounds for unilateral cancellation of this.Agreement..by the Division. k. 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 Ieast:to.the.amo.unt 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. L The Division may,:at its option,terminate the Contract if the Contractor is.found to have:subrnitted 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,:orbeen engaged in business operations in Cuba:or Syria, orto have.been.placed on the Scrutinized Companies that Boycott Israel List oris engaged in a boycott of Israel. (23) LOBBYING PROHIBITION a. 2 C.F.R.120OA54 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 purposed lobbying the Legislature,thejudicial branch,.or a.state agency." c. No.fuhds.or other resourcesreceived from the Division.under this Agreement maybe be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief. is No Federal.appropriated funds have been paid or will be paid, by.or on behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or employee of any agency; a Member of Congress,.an.officer or employee of Congress,or an employeeof a.Me.mber 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,a.nd.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 1.9 connectionwith.this Federal contract, grant, loan or cooperative agreernent,the.Sub-Recipierit.shall coMplete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." ii'i. The Sub-Recipient shall require that this Certification be included.in the award documents for all subawards(including subcontracts,subgrants, and contracts under grants, loans,and cooperative agreements)and that all Sulci-Recipients shall certify and disclose. iv, This certification is a.material representation offact 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 falls to.file the requiredcertification shall be subject to:a.civil.penalty of not less than.$10,000 and not. more than$100,000for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA;AND,ANY AND ALL COPYRIGHTS.ACC.RUING:UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS.AGREEMENT ARE-HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing.patent or copyright,the Sub-Recipient shall retainaII rights and entitlements to that pre=existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention.is developed in the course of oras a result of work:or services performed under this Agreement, or in any way connected with it, the.Sub-Recipient shall refer the discovery or invention to the Division for a deterrhination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are.reserved to the State of Florida. If any books, manuals;films,or other copyrightable material:are.produced,the Sub-Recipient shall notify the Division:.Any copyrights accruing under or in. connection with the performance under this Agreement.are transferred by the Sub-Recipient to the State of FWida. c. Within thirty-(30)days of execution of this Agreement,the Sub-Recipient shall disclose all intellectual properties relating to the performance of this.Agreement which he or she.knows or should know Could.give rise to a,patent ar.copyright. The Sub-Recipient shall retain all rights and entitlements to any preexisting intellectual property which is.disclosed.. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph(24):b., have the right to all patents and:copyrights which accrue during performance of the Agreement, d. If the Sub-Recipient.qualifies as a state university under Florida:law,then, pursuant to section 1044:23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become:the sole property of"the Sub-Recipient. In.the case of joint inventions,that is 20 .inventions.made jointly by ane or more employees of both parties hereto, each party shall.have,an equal, undivided interest in and.to such joint inventions. The Division shall retain a perpetual, irrevocable,-fully- paid, nonexclusive license, for Rs.use and the use of its contractors of any resulting patented,copyrighted or trademarked work products, developed solely by.the Sub-Recipient, under this Agreement,for Florida government purposes. (25) LEGAL AUTHOR17.ATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this :Agreement..and.that.its governing body has:authorized the.execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind SubRecipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41.C.F:R.§6g-1.4(b), the.Sub-Recipient hereby agrees.that it will incorporate or cause to be incorporated into any contract far construction work;or modification thereof,.as defined in the.regulations of the Secretary of Labor at 41 C.F.R;Chapter 60,which.is paid for:in whole or .in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance,or guarantee, or undertaken pursuant to any Federal program involving such grant,contract, Loan,:insurance, or guarantee,the following equal opportunity clause: During the performance of this:.contract,the contractor agrees as.follows: i. The contractor will not.discriminate.against any.employee or applicant for employment because of face., color, religion, sex, sexual orientation, gentler 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.fortrain ing, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the.contractor,state that all qualified applicants will receive considerations for employment without regard to.race,color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other mangier discriminate against any ernployee..or applicant for employment because 21 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.cornplaint or charge, in furtherance of.an.investigation, proceeding, hoaringl, or action, including an investigation conducted by the.employer, or is consistent with the contractor's legal duty to furnish information. iv.. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided.advising.the said labor union or workers'representatives of.the contractor's commitments.under this.section, and shall post capias of the notice in conspicuousplaces available to employees and applicants for employment. V. The.contractor will comply with all provisions of Executive Order .11246.of.September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi; The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules, reg ulations,.and orders of the.Secretary of Labor, or pursuant thereto,. and will permit.access to his books, records,:and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any ofthe said rules, regulations, or.orders, this contract may be canceled,terminated; or suspe.nded in whole or in.part and the contractor may be declared ineligible:for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as.provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii: The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs. (1)through(8)in.everysubcontract:.or purchase order unless exempted by rules, regulations, or orders of the.Secretary of Labor issued pursuant to section 244 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 22 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. b. The SubApo ipient further agrees that it will be bound:by :above.:equal opportunity clause with respect to its.own employment practices when it participates.in federally assisted construction work: Provided,that if the applicant so participating is a State or local government,the.above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does...not participate in work on or under the contract. c. The Sub-Recipie st.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 otherwiseassist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient.:further agrees that it will refrain from entering into any contractor contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from, or.who.has not.demonstrated eligibility for; Government contracts and federally assisted construction contracts pursuant to the.Executive order and will.:carry out such sanctions and penalties for violation of the equal opportunity clause as May imposed upon contractorsand subcontractors by the administering agency or the Secretary of Labor pursuant to Part ll, Subpart D.of the Executive order. In addition,the Sub-Recipient 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 Sub-Recipient under the program with respect to which.the failure or refund occurred until:satisfactory assurance-of future.compliance has beer!received from such Sub-Recipient; and refer the case to the Department of.Justice for appropriate legal.proceedings, (27) COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that., unless exempt under Federal law;it will incorporate or cause to be incorporated into any contract for construction Work,.-Or modification thereof; the following clause: i. Contractor. The contractor.:shall comply with 18 U.S.C.§$74, 40 U.&C.:§ 3'1.45,.and.the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference.into this contract, ii.. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses.as the FEMA may byappropriate instructions require,and also a..clause requiring the subcontractors to.include thes.e:clauses in any lower tier.subcontracts. 23 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with.all of these contract clauses.. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment.as..a contractor and subcontractor as provided in 29 C.F.R..§5..12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS. If the Sub-Recipient;-with the funds authorized by this Agreement, enters into.a contract that exceeds$100,.0.60 and involves the.employment of mechanics.or laborers,there anysuch contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages:of every mechanic and laborer on the basis.of a standard work week of 40 hours. Work.in excess.of the standard.work week is permissible provided that the worker is compensated ata rate of not less than one and a`half tirries the basic rate of pay for all hours worked in excess of 40 Hours in the work week. The requirements of 40 U.S.C. 3704 are.applicable.to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These.requirements.do not apply to the purchases of. supplies or materials or articles.ordinarily available on the.open.market, or contracts for transportation.. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient,with the funds authorized by this Agreement, enters into.a contract that exceeds$150,:000,then any such contract must include.the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct.(42 U.S.C. 7401-7671q) and the.Federal Water Pollution Control Act as amended(33 U.S.C. '1:251-1387), and will report violations to FEMA and the Regional Office of the:Environmental Protection Agency(EPA). (30) S.U.SPENSION ANI]DEBARMENT If the:Sub-Recipient,with the funds.authorized by this Agreement,.enters into a contract, then any such contract must.include the following provisions: i. This contract.is a covered transaction'For purposes of2 C.F.R. pt. 180 and 2 C.F.R. pt.3000. As such the.contractor is required to verify that none of the.contractor, its principals (defined at C:F.R.§ 1:80.995), or its..affiliates(defined at:2 CY R. §180.905) araexcluded (defined at.2.C.F.R. § 1.80.940)or disqualified(defined at.2 G,F.R. § 184.935). ii. The contractor must comply with 2..C.F.R. pt. 18.0, subpart C and 2 C.F.R. pt. 3000; subpart C and must include a requirement to comply with these regulations in.any lower tier covered transaction it enters into. 24 iii. Thiscertification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply With 2 C.F.R. pt. 180,:subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to.remedies available to the Division,the.Federal Government may pursue available remedies, including but not limited to suspension andfor debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R; pt. 3000, subpartC 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 cgvered.transactions... X31] BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient,with the funds.authorized by this Agreement;enters into a.contract, then any such contract must include the.following clause.- Byrd lause;Byrd Anti-Lobbying Amendment,.31 U.S.C.§ 4352(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..§4352.. 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 fro m:#ier to tier`up to the recipient. If this subgrant agreeme.nt.amount.is$100,000 or more,the:Sub-Recipient,and subcontractors.as applicable,shall sign Attachment K--Certification.Regarding Lobbying. (32) CONTRACT]NG,WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS. ENTERPRISES AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient,with the funds authorized by this Agreement, seeks toprocure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to.assure that minority businesses,women's business enterprises, and labor surplus. area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on.sol"rcitation lists; ii. Assuring that small and minoritybusines.ses., and women's business enterprises are solicited whenever.they are potential sources;. iii. aivid.ing total requirements,when economically feasible; into smaller tasks or quantities to permit maxirnurn participation by small and minority businesses, and women's business enterprises; 25 iv. Establishing delivery schedules,where the requirement permits,.which encourage participation by smali.and minority businesses, and womenwsbusiness enterprises; v.. Using the services:and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Develgpment.Agency of the Department:of Commerce;and vi. Requiring the prime contractor; if subcontractsars to be let,to take the affirmative steps listed in paragraphs i.through v.of-this subparagraph. .b. The-requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting. does not impose an obligation to set aside either the solicitation&award of a contract to these types of firms. Rather;the.requirement only imposes an obligation to carry out.and document the six affirmative steps identified above. c. The"socioeconomic contracting" requirement outlines the.affirmative steps that the Sub-Recipient must take;the requirements do not preclude the.Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business,.enterprises. d. The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses;and women's business enterprises, does not-authorize the Sub-Recipient to break a single..project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures.te.g. "project splitting'), (33)ASSURANCES The Sub-Recipient.shall comply with any Statement of Assurances incorporated as Attachment C. 26 IN'WITNESS WHEREOF,the parties hereto have executed this Agreement. SUB-RECIPIENT; CITY OF CLEARWATER By: Name and Title: t 1 C r ) ,roc too 1 Gate: __ FEID##: - ,,00(1 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT A Digitally signed by Laura Dhuwe By: Laura D u V V e Date:2023.01.24 11:40:38-05'00' Name and Title. Kevin Guthrie Director 24-JAN-2023 Date: 27 EXHIBIT.--1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency:.Federal Emer9qDcy Management A enc .: Hazard Mitigation Grant Catalog of Federal Domestic Assistancetitle and:number: 97.039 Award amount: 462 000.00 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 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,.42 U.S.C. 5121 et seg., and Related Authorities • Sections 1361(A)of the National Mood Insurance.Act of 1968; 42 U.S..C..4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103.325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264. • 31 C.F.R..Part 205 Rules and Procedures for Funds Transfers Federal Program: I.. Sub-Recipient.is to use funding to perform the following eligible activities. • Elevation of flood prone structures 2. Sub-Rocipient is subject to.al 1.ad min istrative and.financial requirements as set forth in this Agreement, or will.be in violation of the terms of the Agreement; 28 Attachment A Budget.and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope:of Work is to provide protective measures to lift stations in Clearwater, Pinellas County, Florida, funded through the .Hazard Mitigation Grant Program (HMGP) DR-4337-484-R, as approved by the Florida Division of Emergency Management (Division). and the Federal Emergency Management Agency(FEMA). The Sub-Recipient, City of Clearwater,agrees to administer and complete the project per,scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA; The Subs Recipient.shall. complete thework in.accordance:with all.applicable Federal, State and Local Laws,. Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation.Grant Program project,.the Sub-Recipient proposes to provide protection to eight (8).lift stations in Clearwater, Florida, 3.3767. The proposed scope of work proposes to elevate the telemetry, control panels, and power connections of the lift stations to at least two feet above the Base Flood Elevation.(BFE). Any electrical components remaining below the designated flood. plan level will be classified NEMA 6P. Lift Station 911 has a permanent generator;.a raised.platform will be provided for it.. The project will reduce the risk of storm surge damage to the lift stations;.thereby protecting their efficacy:and reducing the risk of sanitary sewer overflows due to foss of function. The generator and the electrical components shall be protected against a 50O-year flood. event by implementing specific activities or by locating.the generator outside the Special Flood Hazard Area (SFHA) and shall be protected.against wind With a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal, State.and.Local Rules.and Regulations. Project Locations:, ID# NamelStation Location Coordinates 'I LS 9995 Bruce Ave-,. @ Narcissis Ave_ 28.001785,-82.824829 2 1 LS f} 830 tana.Avee Verbana St. 27.994611,-82.825239 LS 1.1._._..._..... _._._ ....�._530 MandalaymmAve.„ �12 ._ 392 _982 ,-.82.826938 4 . L5 28 4.99 Island Wa Palm Island. 27.984806, 782.818042 5 LS 35 1 355 Harbor Passage Island Estates ' 27.987666,.-82.817415. 6. LS 39 713 Island Way: IV End of Street) (27.990194, -82.82025.6 ---- 7) LS.8O i 1621 Gulf Blvd. (Moorings.of Sand (27.938132, X82.836543) Ke 8) LS 81 71 Causeway Blvd. (Fast end of (27.976828, -82,821653) Marina arkin lot TASKS&DELIVERABLES: A) Tasks: 29 1.] The Sub=Recipient shall.procure the services of a qualified and licensed.Florida contractor and execute a contract with the.selected.bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified;licensed.Florida.contractor in accordance: with.the.Sufi-Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all:applicabl.e regulations; The Sub-Recipient shall be.responsible for furnishing or contracting all labor, materials, equipment, tools,transportation and supervision and€orperforming.all work per sealed engineering designsand construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The.Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work. staging areas in a neat and presentable condition: The Sub-Recipient shall ensure that no contractors or subcontractors are. debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational licenselbusiness tax receipt issued for the type of services being performed. The Sub-Recipient. shall provide documentation demonstrating the. results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation.:and listing, and the basis of contract price. The .Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form"for each contractor and/or subcontractor performing servicesunder.this agreement.. Executed contracts with contractors and/or subcontractors shall be provided to.the Division by the Sub-Recipient. The.Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be.performed by the selected contractor, 2} The. Sub-Recipient shall monitor and manage the procurement and installation of all.products in accordance with the HMGP application.and.associated documentation as.presented to the Division by the Sub-Recipient,and subsequently approved by the Division and FEMA. The.Sub-Recipient shall ensure that all applicable State; Local. and Federal Laws and Regulations are followed and documented,as appropriate. The project shall protect.the..structure from high wind,storms which shall allow the function of the structures to continue following a severe wind event. The Sub-Recipient.shall fully perform the approved project, as described in the. application, in accordance with the approved scope.of work indicated herein,.the.estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and:conditions. The.Sub-Recipient shall not deviate from the approved project terms and conditions.. Upon completion of the.work, the.Sub-Recipient shall schedule and:participate in.a .final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's:specifications. Any deficiencies found during this final inspection shall be corrected.by the Sub-Recipient prior.to. Sub-Recipient's submittal of the final .inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following.docurments with sufficient supporting documentation, and provide a.summary of all contract scope of work.and scope:of work changes, if any.Additional documentation shall include: 30 a) Copy of pemlit(s), notice of commencement.. b) Local Building Official Inspection Report and Final Approval. C) Signed,anal Sealed As-built project plans (drawings) by the-Professional of Record, two hard. copies and an electronic version (via email or CD), as.applicable. d) Letter of Completion: 1. Affirming that the project was completed in conformance with the approved project drawings,. specifications and scope; and 2. Certifying Compliance with al[applicable codes. e}.. All Product Specifications I Data Sheet(s) (technical. standards} satisfying protection requirements on all products:utilized. 0 Verification letter or documentation showing the. generator and electrical. components are protected to the 50.0-year(0.2%annual chance)flood.elevation. .g} Proof of compliance-with Project.Conditions and Requirements contained herein. 3.) During the course offhis agreement, the Sub-Reciplent shall submit requests for reimbursement. Adequate and complete source documentation shall be.sub.mitted to support all casts(federal.share and local share)related to the project. In some cases, all project activities may not be fully.complete prior to requesting re i rh b u rsome nt:of costs incurred in completion of this.scope of work; however, a partial.reimbursement may be requested. The Sub-Recipient shall submit an Affidavit.signed by the Sutra-Recipient's project personnel with each:reimbursement request attesting to the completion of the work,that disbursements or payments were made in accordance with all agreement and regulatory.conditions, and that reimbursement is due and has not been previously requested:. The Sub-Recipient shall maintain accurate time records. The.Sub.-Recipient shall ensure invoices. are accurate and any contracted services were rendered within the terms and.timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for.reimbursement shall contain adequate.source dpcumertation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls,time:and attendance records,contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted. by the contractors and subcontractors and pay the contractors and subcontractors for approved.bills, invoices.,andlorcharges.. Sub-Recipientshall ensure that all contractor/subcontractor bills, invoices, and/or charges.are legitimate and.clearly identify the activitiesbeing performed and associated costs. Project Management Expenses: The Sub.-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance. logs, etc. Documentation shall be..detailed information describing tasks performed; hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the.hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division:shall review al 1.submitted.requests for reim bu moment for bas ic accuracy of information. Further,.the Division shall ensure that no unauthorized work was completed prior to the approved. project.start..date by verifying vendor and contractor invoices. The.Division shall.verify.that reported. costs were incurred in the.performance of..eligible work;that the approved work was completed,and that the mitigation measures are in compliance with the approved scopeof work prior to:processing any requests for reimbursement.. Review and approval of any third party in=kind services, if applicable, shall be conducted. by the Division incoordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- 31 Recipient and received by the Division at the times.provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division.requestsfor reimbursementof actual construction and managerial costs related to the project as identified in the project application, and plans. The requests-for reimbursement shall include: a) Contractor, subcontractor, andlor vendor invoices,.which clearly display dates of services performed, description of services performed,:location of services performed, cost of services performed,name of service provider and any other pertinent information; b). Proof::of payment from the Suh-Recipient to the contractor, subcontractor,.and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs:being applied against the local match amount. The Sub-Recipient's final request for reimbursement shall include.the ficial construction project cost. Supporting documentation shall show that all contractors and subcontractors have been:paid. 13) Deliverables: Mitigation Activities consist of providing protection.and implementing measures to mitigate eight.(S) lift stations in Clearwater,.Florida. Provided the Sub-Recipient performs in accordance with the Scope of Work outlinedin this. Agreement, the.Division. shall reimburse the.Suh-Recipient based.on the percentage:of overall project completion. PROJECT.CONDITIONS AND REQUIREMENTS' C.) Engineering 1) The SubwRecipient shall submit to the Division an official letter stating.that the project is. 100% complete and ready for the Division's Final Inspection of the project, .2) The Sub-Recipient shall provide. a copy.of the Notice of Commencement,. and any local official Inspection Report and/or Final Approval,.as applicable. 3) The Sub-Recipient shall submit a signed and sealed final copy of the completed project's As-built. drawings.and'all necessary supporting documentation, and provide a summary of all contract scope of work changes, if any.. 4) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The.Sub- Recipient's Engineer of Record shall provide.a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable.codes, 5) The .Sub-Recipient shall submit all Product Specifications:/ Data Sheets} (technical standards) satisfying protection requirements on all products utilized. .S) All.installationsshall be. done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to meet or exceed the wind.and impact.standards.pf the current local codes. 7) Product Specifications documentation satisfying protection requirements for all products utilized.shall be provided to the.Div is.ion for closeout. D) Environmental: 32 1) The Sub-Recipient shall follow all applicable state, local and. federal laws., regulations and requirements; and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all.appropriate federal, state, and local environmental permits an.d clearances may jdopardize federal funding. if project is delayed:for a year or more after the date of the categorical exclusion(CATER),.then coordination with and project review.by regulatory agencies must be redone, 2) Any change,addition or supplement to the approved mitigatio.0 measure or scope of work that alters the project(including other work not funded by FEMA, but done substantially at the same time)shall require resubmission to the Division and FEMA for revaluation .of compliance With the National Environmental Protection Act {NEPA} and Section 105 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with.these:requirements. may jeopardize FEI IA's ability to fund this.project. A change in the scope.of work.shall Ike.approved.by the Division and FEMA in.advance.regardless of the budget implications, 3} If any ground disturbance activities occur during construction,the Sub-Recipient shall monitor ground disturbance during construction, and if any potential archeological resou(ces.are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 4). The.generator and electrical.components are supporting a critical action and must be protected to the 500 year (0.2% annual chance)flood elevation, The Sub-Recipient must submit documentation to the State and:FEMA documenting compliance with this condition. 5} Construction vehicles and equipment used for this project shall be maintained.in good working order to minimize pollutant:emissions.Consultation with the Floodplain manager is required to ensure the project is in compliance with local floodplain ordinances/regulations. 5) Meet all required Environmental laws and.policies, and all necessary Environmental compliance documents.shall be obtained as applicable. E) Programmatic: 1} A change in the scope of work must be.approved bythe Division and FEMA in advance regardless of the impact to the budget. 2): The Sub-Recipient must notify the.Division as soon as significant developments become known, such as delays or adverse conditions that might..raise costs or delay completion, or favorable conditions allowing.lower costs or.earlier completion. 3) The Sub-Recipient must"obtain prior written approval for any budget revision which would result in a need for.additional funds"[44 CFR 13(c)],from the Division and FEMA: 4) A Public Notice shall be published to notify interested parties of the proposed activ€ty. Notices shall be:published in a manner that anyone that maybe affected or interested in thisproject has access to the posting, using the Division template; as applicable. 5) Any. extension of the Period of Performance shall be submitted .to FEMA 50 days prior to the expiration date; Therefore,.any request for a Period of Performance Extension shall.be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy(70).days prior to the expiration date, for Division processing,. 5} .A copy of the executed subcontract agreement must be forwarded to the.Division within 16 days of execution. 7), Project approval is with the condition that the tasks, deliverables, and conditions.:be accomplished and submitted 30 .days prior to the. Period of Performancedate, for review and approval .by the. Division, for submittal to FEMA for Closeout. 8} EO 11.988: The: generator and electrical.components are:supporting a critical action and must be protected to the 540-year (Q.21/6 annual chance) flood elevation. The Sub=Reciplent must submit 33 documentation to the.State,-and FEMA .documenting compliance with this condition. Source of Condition:.Executive Order 1198$.-Floodplains Monitoring Required: No. 9} The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required. by Section :312 of. the Stafford Act,.and further clarification in 44 CFR: 206.191. 10} Per FEMA Hazard Mitigation Assistance.Guidance Part. VI, D.3.4 — Contingency funds are. not automatically available for use. Prior to their release, .contingency finds must be re-budgeted to. another direct cost'category and.identified. Post-award.changes to the budget require prior written approval from the. Division.(FDEM). The written request should .demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. This is FEMA project number 4337484-R.. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established:for the.HMGP in accordance.with the PAS Operational Agreement for Disaster 4337.. FEMA awarded this pro1ect on July:29,202.0;this Agreement shall begin upon execution by both parties, and the Period of Performance.for this project.shall end on January 31, 2024. F} FINANCIAL CONS£LQIJ£NCES: If the Sub-Recipient fails..to comply withany term of the award,the Division shall take one or.more of the following actions., as appropriate in the.circumstances: 1} Temporarilywithhold cash payments pending correction of the deficiency by.the Sub-Recipient;. 2} Disallow all or part of the cost of the activity or action not in compliance; 3} Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4} Withhold further awards for the program;or 5} Take other remedies that may be legally available. Schedule of Work State/Local Contracting Process: 3 Months Bidding and Contracting: 3 Months Permitting: 3 Months Construction I Installation: 12 Months State/Local Inspections: 3 Months Closeout: 3 Months Total Period of Performance: 27 Months 34 BUDGET Line ftern.Budget* Project Cost Federal Share Hon-Federal Share Materials: $6.16;000:00 $462;000.00 $154;000,00 Labor $0:.00 mob $Q.00 Fees: $0.00 $0.00 $0.00. Initial Agreement Amount: $6163000.00 $462,000.00 $154,000.00 **'Contingency Funds: $3.0,800.00 $23110O.M $7,700,00 Pra'ect Total: $646&00.00 $485.,100.00 $161,700.00 *Any line item.amount in this Budget may be increased or decreased 10%or less, with the.Division's. approval, without an amendment to this Agreement being required so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated$30,800.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance.Part Vi; D.3.4—Contingency furies are not automatically available for use. Prior to their release, contingency funds.must be re-budgeted to another direct cast category and identified. Post-award changes to the budget require prior written approval from the Division(FDEM). The written request should demonstrate what unforeseen:condition related to the project arosethat required the use of contingency funds. Project Management costs are included.for this project in the amount of$0.00 Funding Summary Federal Share:. $485,:100.00 (75.00°/6) Non-Federal Share: $.161,700,00 25.00% Total Project Cast: $646,800.00 (100.00%) 35 Attachment B Program Statutes and.Regulations The parties to this Agreement and the Hazard Mitigation.Grant Program(H MGP)are generally governed by the following statutes.and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18,25, 206,220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan.for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance-February V,.2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations,the Sub-recipient must comply with the following: The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A(Budget and Scope.of Work)attached to this Agreement,-in accordance with approved scope of work.indicated therein.,the estimate of costs indicated therein,the allocation of. funds indicated therein, and:the terms and conditions of this.Agreement: The..Sub-recipient shall not deviate from the approved project and the terms and conditions of this Agreement, The Sub-recipient shall comply with any and all applicable codes and standards in performing.w.ork fundedunder this Agreement, and shall provide any appropriate maintenance.and.security for the project. Any development permit issued`by, or development.activity undertaken.by,the Sub-recipient and any land use permitted by or engaged inby the:Sub-recipient;shall:be consistent with the local comprehensiveplan and land.development regulations prepared and.adopted pursuantto chapter 163, Part 11, Florida Statute$: Funds shall be.expended for, and development aetiviities and land uses authorized for,.Only thoseuses which are permitted under the comprehensive plan and land.development regulations. The.Sub-recipient:shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is,where applicable,.also authorized by the:Water Management District.,the Florida.Department of Environmental.Protection;the Florida Department of Health,the Florida Game and Fish Commission, and.any Federal, State, or local environmental or land use permitting authority,where required. The Sub-recipient agrees that any repair or construction shall be in.accordance.with applicable standards of safety, decency, and.sanitation, and..in conformity with applicable codes, specifications and standards., The Sub-recipient will provide add maintain competent and adequate engineering supervision at the.construction site to ensure that.the completed.work.conforms With the approved:plans and specifications and.w.ill furnish progress reports and.:such other information to.HMGP as may be required, If the hazard mitigation project.descri.bed in Attachment A.includes.an acquisition.or relocation project,then the Sub-recipient shall ensure that,as a condition of funding under this Agreement,the owner of the affected real property shall record the public records of the county where.it is located the following covenants and restrictions,which shall run with and apply to any property acquired, accepted,.or from which a structure will be removed pursuant to the project.. 36 (1) The property will be.dedicated and maintained.in perpetuity for a.:use that is compatible with.open space,.recreational,or wetlands management practices; (2) No new structure will be.erected on property ofher than: a. a publicfacility that is open on all sides and functionally related.to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure: (4) After the date of the acquisition or relocation no application for disaster assistarice for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of.these covenants and restrictions is.violated by the owner or bysome third party with the knowledge of the owner,fee.simple title to the Property described herein shall:be I conveyed to the Board of Trustees of the nternal improvement.Trust Fund of the State of Florida without further notice to the owner, its.successors and.assigns,and the owner, its successors and assigns.shall forfeit all right,title and interest in and to the property. HMGP Contract.Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 C.F.R. §206,438(b). The National Environmental Policy Act(NEPA).stipulates that additions or amendments to a HMGP Sub=Recipient Scope of.Work.(SOW)shall be.reviewed by all State and Federal agencies. participating in the NEPA process. Asa.reminder,the.Sub-recipient must obtain prior.approval from the State, before-implementing. changes to the approved project of Work.(SOW). Per the:Uniform Administrative Requirements.for Grants and Cooperative Agreements to State and Local.Governments: (1) For Construction projects, the grantee must obtain prior written approval for any budget revision which result in a need for additional funds" (2'C.F.R..§200.308); (2) A change in the Scope of Work.must be approved by FEMA in.advance regardless of the budget implications; and (3} The Sub-recipient must notify the State as soon.as significant developments become known;such as delays or adverse conditions.that might-raise costs or delay completion, or favorable conditions allowing lower costar earlier.completion..Any extensions.of the period:of performance must be submitted to FEMA sixty(60)days:prior to the project expiration date. The Sub-recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3} Section 1352;Title.3T,U.S Code (4) Chapter.473, Florida Statutes (5) Chapter.21.5, Florida:Statutes (6) Section 768.28, Florida Statutes (7) Chapter 11`a, Florida.Statutes (8) Section 21.6.181(6), Florida Statutes 37 (9). Cash Management Improvement Act of 1994 (10) American with Disabilities Act (.11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes (14) 2.C.F.R. Part 20.0.Uniform Administrative Requirements.; Cost Principles; and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance acid Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and:Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency. Prevention Pict, or the Victims of Crime Act (18) Omnibus Crime Control and Safe$treets.Act of'1968, as amended (19) Victims of Crime Act(as appropriate) (20.) Section 504 of the Rehabilitation Act of 1973., as amended (21) Subtitle A,Title 1.1 of the-Americans with D isabilities.Act(APA) (1990) (22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and Part 39 (23) 42 U.S.C. 5154a 38 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub=recipient.ceitlfies that: (a) It possesses legal authority to enter into.this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management(DEM), including all understandings.and assurances contained in it,. and.directing and authorizing the Sub-recipient'schief administrative officer or designee to act in connection with the application and.to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any:share or part of this Agreement or any benefid. N..o.member, officer,or employee of the Sub-recipient or its designees or agents,no member of the governing.body of. the locality in which this program is situated, and no.other public official a#the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this.Agreement: The Sub-recipient shall incorporate,in all contracts or subcontracts a'provision prohibiting any interest pursuant to the.purpose stated above; {d) All Sub-recipient.contracts for which the State Legislature is.in any part a funding source,shall contain.[anguage to provide for termination with reasonable costs to be paid by the Sub.-recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub-recipient. Any cost incurred after a riotice of suspension or termination..is received by the Sub-recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sula-recipient contracts shall contain provisions for termination.for cause or convenience and shall provide.for the.method of payment in such event; (e) It will comply with; (1) Contract Work.Hours and Safety Standards Act of 1962,40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one=half times their basic wage rates for all hours:worked.in excess of forty hours in a workweek-.and (2) Federal Fair Labor Standards Act;29 U.S.C. Section 201 of seq.,requiring that covered employees bepaid at least minimum prescribed wage, and also that.they be paid one and one-Half times their basic wage rates for all hours worked in excess of.the prescribed work-week. (f} It will.comply with (1) Title V1 of the.Civil Rights Act of 1.964(P.L, 88-352), and the regulations issued p.u.rsuant thereto,.Which provides that no person in the United States shall on the grounds of race, color,or national origin,.be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub- recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended.to the.Sub 39 recipient, this assurance shall obligate.the.8ub-recipient, or in the case of a.ny transfer of. such property, any transferee,for the period during which the real property or strugture.is used for a:purpose for which the Federal financial assistance is extended; or for another purpose involving the provisionof similar services or benefits; (2) Any prohibition against discrimination:on the basis of age under the Age Discrimination Ac of1975, as amended(42.U.S.C..6101-6107).which prohibits discrimination onthe. oasis of age or with respect10 otherwise qualifies handicapped individuals as provided in Section.594:of the Rehabilitation.Act of 1.973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and.the regulations issued pursuant thereto, which provide that no person shall be discriminated against.on the basisof race, color, religion,:sex or national origin in all phases of employment during:the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment.advertising; layoff/termination, rates of pay or other forms.of compensation; and election for training and,apprenticeship; (g} It will establish safeguards to prohibit employees from using positions for a purpose that is or :gives the appearance of tieing motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to section 112.313 and section 112.3135,Florida Statutes; (h) It will comply with the Anti-Kickback Act of 1986,41 U.S.C. Chapter 87 which outlaws and prescribes penalties.for"kickbacks"of wages.in federally financed or assisted construction activities; (i} It will comply with'the:provisions of 5 U.S.C. 7323:(further.known as the Hatch Act}which limits the political activities of employees; {j} It.will comply with the flood insurance.purchase and other.requirements of the Flood Disaster Protection Act of 1973, as amended,:42 U.S.C. 50, including requirements regarding the. purchase.of flood.insurance in communities where such.insurance is available as a condition for the receipt of any Federaf financial assistance for construction.or acquisition purposes for use in any area having.special flood hazards. The phrase"Federal financial assistance" includesany form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster:assistance loan or grant, or any other form of direct or indirect Federal.assistance; For.sites.located within Special Flood Hazard Areas:(SFHA), the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property:in a Special Flood Hazard Area.with FEMA Grant.Funds executed by.the titleholder with the closeout request verifying.that certain SFHA requirements were satisfied on each,of the.properties. The.Model. Acknowledgement can be found.at www.fema:govlgovernmentalgrantlsfha co.nditions.shtm (k) It will require every building or facility(other thaft a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards;" (AS)which is Appendix A to 41 C.F.R.Section;101- 19.6 for.general type buildings and Appendix A to 24 C.F.R:, Part 40 for.residential structures. The Sub-recipient will be responsible for conducting inspections to ensure compliance:with these specifications by the.contractor; (i) It will, in connection with its performance.of environmental assessments under the National Environmental Policy Act of`1969, comply with Section 'l 06 of the National.Historic Preservation Act of 1966 (54 U.S.C.), Executive Order 11593, 36 C.F.R,,.Part 800,.and the.Preservation of Archaeological and Historical Data Act of 1966(54 U.S.C. 31'25) by: 40 . (1) Consulting with the State Historic Preservation Office to identify properties listed in.or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 C.F.R.., Section 840.8) by the proposed.activity; and. (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) :Abiding by the terms.and conditions of the"Programmatic Agreement Among the: Federal Emergency Management Age.ncy,:.the Florida State Historic Preservation Office,.the Florlda Division of Emergency Management,and the.Advisory Council on Historic Preservation,(PA)"which addresses roles and.responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA),54 U.S.C., and implementing regulations in 36 C.F.R., Part 800. (4.) When any of the Sub-recipient's projects funded under this.Agreement may affect a historic property,.;as defined in 36 C..F.R., P.art.80.016 6 (1)(1),1he Federal Emergency Management Agency(FEMA)may require the Sub-recipient to review the eligible scope of work in.consultation with.the State Historic Preservation Office(SHPO) and`suggest methods of repair or construction that will conform with the.recommended approaches set out in the:Secretary.af Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 7.992.(Standards),the Secretary of the Interior's Guidelines.for Archeological Documentation(.Guidelines)(48 Federal Register . 44734-37), or any other applicable Secretary of Interior standards. If.FEMA determines that the eligible scope of work will not conform with the Standards, the Sub-recipient agrees to participate in consultations to develop, and after..execution.by all.parties,to abide by, a written agreement that establishes. mitigation and recondition measures, including but not limited to,impacts to archeological sites,.and the salvage, storage,and reuseof any significantarchitectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division.if any project funded under this Agreement Will involve ground disturbing activities, including, out not limited to: subsurface disturbance; removal of trees;excavation of footings and fouridations,.and installation of utilities(such as water,:sewer; storm drains,.electrical, gas, leach lines and septic tanks)except where these activities are restricted solely to areas:previously disturbed bythe installation, replacement or maintenance of such utilities. FEMA-will request the SH PO's opinion onthe potential that archeological.properties.may bepresent and be affected by such activities. The SHPO will advise the Sub=reciplenton any. feasible steps to be accomplished to avoid any National Register.eligible archeological. property or will make recommendations for the development of a treatment plan.for the recovery or archeological data from the property. If the Sub:-recipient is unable to avoid the archeological property, develop, in consultation with SHOO, a treatment plan.consistent:with the Guidelines.and take intoaccount the Advisory Council.on Historic Preservation.{Council} publication"Treatment of Archeological Properties".: The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do,not:object.Within fifteen(15)calendar days of receipt of the treatment plan,. FEMA may direct the.Sub-recipient to implement the treatment plan. If either the Council or the SHPO object, Sub-recipient shall.not proceed with the.project until the objection.is .resolved. (6) The Sub.-recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes..in the approved scope of work for a National Register eligible or listed.property; (b).of all changes to a project that may result in a.supplemental.DSR or modify.a HMGP .project for a.National Register eligible or listed property; (c) if it appears.that a project funded.under this Agreement.will affect a previously unidentified.property that may be 41 eligible for inclusion in the.National Register or affecta known historic property in an unanticipatedmanner. The.Sub-recipient acknowledges.that FEMA.may require the.Sub- recipient to stop construction in the vicinity of the discovery of a previously unidentified property thatmay.eligible for inclusion in..the National Register or upon.learning that construction may affecta.known historic property in an unanticipated mariner. The.Sub- recipient.further acknowledges that FEMA may require.the Sub-recipient to take.all reasonable measures to avoid or minimize harm.to such property until FEMA concludes consultation with the SHPO. The Sub-recipient also acknowledges that:FEMA.wil€ require,:and the Seib-recipient shall comply with, modifications to the project scope.of work necessary to implement recommendations to.address the.project and the property. (7) The Sub-recipient acknowledges that,..unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when,with intent to avoid the requirements of the PA or the NHPA,the Sub-recipient intentionally and.significantly adversely affects a historic property, or having the.legal power to prevent it, allowed.such significant adverse effect to occur. (m) It.will comply with applicable.provis€ons of the following laws and policies prohibiting discrimination: i. Title VI of the Civil Rights.Act of 1964,.as amended,which prohibits discrimination based on race;color, or national.origin (including limited English proficiency). if. Section 504 of the Rehabilitation Act of 1973, as amended;which prohibits discrimination based on disability. iii, Title IX of the Education Amendments Act of 1972,as amended,which proh€bits discrimination based on sex in education programs or activities. iv. Age Discrimination Act of 1.975,which prohibits discrimination based on age. .v. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19,which prohibits discrimination based.on.rel iglon in social service programs. (n) It will comply with Title IX of the Ed ucation Amend ments of 1.972,.as amended (20 U.S.C. .1681- 1683:and 1685-1686)which prohibits discrimination on the basis of sex; (o) It.will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1979, (42 U.S.C.4541-46-94) relating-to nondiscrimination on the basis of alcohol.abuse ar alcoholism; (p) It.will comply with 523 and 527 ofthe Public Health Service Act of 1912.(42 U:S.C. 290.dd-3 and 290 ee-3),as amended, relating to confidentiality of alcohol and drug abuse patient records, (q) It wii.11.comply with Lead-Based Paint Poison Prevention Act(42 U.S..C. 4821 et seq.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the.Energy Policy and Conservation.Act(P.L...94�-153;42 U.S:C.6241-6422), and.the provisions of the State Energy Conservation.Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal.Welfare Act of 1956, (7 U.S..C..21 al-2159), pertaining to the care;handling, and treatment-of warm blooded animals held.for research,teaching, or other activities.supported by an award of assistance under this Agreement; (t} It.will comply with Title Vlll of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42:US.C.:360.1- 3615 ), as amended, relating to non-discrimination:in the sale, rental, or financing of housing, and 49 Title V[ of the Civil:Rights.Act of 19.64(P.L. 88352),which prohibits discrimination on the basis of race,color or national origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7675; (v) It will comply with the Clean Water Act of 1977,.as amended, 33 U.S.C. 1251-1388 (w} It will comply with the endangered Species Act of 1973,16 U.S.C. '1531=l544; (X) It will comply with the Intergovernmental Personnel Act.of 1970, 42 U.S.C.47014772- (Y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1.966, as amended, 54 U.S.C:; (z) It will comply with envii onmental.standards which may be prescribed pursuant to the National Environmental Policy Act of 1969,. 42 U.S.C. 43214347; .(aa) It will assist the awarding agency in assuring compliance with.the Preservation of Archeological and Historical Preservation Act.of 1966, 16 U..5.C. 54 U.&C.3125 (bb) it will comply with the Rehabilitation.Act of 1973,Section 504,29 U.S.C.7.94,regarding non- discrimination; (cc} It will comply with the environmental.standards which may be prescribed pursuant to the Safe Drinking WaterAct of 1974,42 U .S.C.300f-3.00j�27; regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1.970,.42 U,S.:C.46.21-4638,which provide for fair and equitable treatment of persons.displaced orwhose property is acquired as a result of Federal or Federally`assisted programs; (ee) It will comply with the Wild.and Scenic Rivers Act of 1968, 16 U.S.C. 1271.1.287, related to protecting components or potential components of the national wild and scenic rivers system; (ft) It will comply with the following Executive Orders: EO 11514(NEPA);.EO:11738 (violating facilities); EO 11988{Floodplain Management); EO 11994(Wetlands); and EO 12898 (Environmerita[Justice); (gO ]twill Comply with the.Coastal Barrier Resources Act of 1977, 16..U.S.C. 3501-3510; (hh) It will assure project consistency with the approved.State program developed under the-Coastal Zone.Management Act.of 1972, 16 U.S.C. 1451-14674; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 0.Sla 561-568. With respect to.dernofition activities, it will. (1) Create and make available documentationsufficient to demonstrate that the Sub- recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations.:as outlined in this Agreement. (2) Return the property to its natural state.as though no.improvements had ever been contained thereon, 43 (3} Furnish documentation of all qualified personnel, licenses and all equipment.necessary to inspect:buildings.located in the Sub-recipient's jurisdiction to detect the presence,of asbestos and lead.in accordance with requirements of the U.S. Environmental Protection Agency.,jhe.Florida Department of Environmental Protection and the County Health Department. (4) Provide dccum.entation of the inspection results for each structure to indicate: a. Safety W=a d Present b. Health.Hazards Present c... Hazardous Materials Present (5) Provide supervision over contractors or employees employed:by the:Sub-recipient to removeasbestos and lead.from demolished or otherwise applicable structures. (6) Leave the demolished.site clean, level and free of debris, (7) Notify the Division promptly of any unusual existing condition which.hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and.marked.maps for each site where water wells and septic tanks are to be closed.along with the number of wellsandseptic tanks located on each site. Provide documentation of closures. (.10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State.Energy Conservation Plan issued in compliance-with the Energy Policy and Conservation Act(Public Law 94-163). (11) Comply with all applicable standards; orders,or requirements.issued under Section 112 and 3:06 of the Clean Air Act(42 U.S.C. 1857), Section.508 of the Clean Water.Act(33 U.S.C. 1251-1388), Executive Order'1'1738; and theU.S. Environmental Protection .Agency regulations(49 C.F'..R., Part 15 and 51). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 44 Attachment.D REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS 5UB-RECIPIENT'. City of Clearwater REMIT AbDRESS: CITY: STATE: ZIP CODE: PROJECT TYPE: Floodproo_fing PROJECT#: 4337-484-R PROGRAM; Hazard MitigationGrant Program CONTRACT`# H0552 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED RECEIVED: NIA AMOUNT; SETTLED? Invoice Period: through Payment#: Total of Previous Payments to Bate: (Federal) Eligible Amount Obligated Federal Obligated Non- 100% Amount Federal Division Use Only (Current Request) 750A 25°/o Approved Comments TOTAL CURRENT REQUEST $ By signing this report; I certify to the best of my.knowledge arid.belief that the reportis true, complete, and.accurate, and:the.expenditures;.disbursements and cash receipts are for the purposes.and objectives set forth in theterms and. conditions of the Federal:award, I am ewarethatany false,fictitious, or fraudulent information,or-the ornission of any material fact, may subject me to criminal.,.civil or administrative penalties.fdr fraud, false statements; false claims.or otherwise.(U.S,Code Title 18,Section 1001 and Title 31, Sections 3729,3730 and 3801-3812. SUB-RECIPIENT SIGNATU RE' NAME: TITLE: DATE:. TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ APPROVED SRMC TOTAL: $ GOVERNOR'S-AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT S. DATE 45 Attachment D(cont.) SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM SUB-RECIPIENT: City_of.CIearwater PAYMENT#: PROJECT TYPE- Floodproofing PROJECT#:. 4337-484-R PROGRAM, Hazard Mitigation Grant Program CONTRACT#. H0552 REF NO2 DATES DOCUMENTATION (Check) ELIGIBLE AMOUNT COSTS 100% 2 3 4 6 7 8 This.payment represents f completion of the project. TOTAL 2 Recipient's internal.reference number{e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule#] I.Date.of delivery:of articles, completion of work grperforrhance.services..(per document) 4 List Documentation(Recipient's.payroll, material out of recipient's stock, recipient awned equipment and name of vendor or contractor)by category(Materials, Labor Fees).and line item in the approved.project line item budget: Provide a brief description of the:articles:or services. List service dates per each invoice. 46 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT:.Ci#y of Clearwater If you are requesting an advance, indicate.same by checking the box.below: [ ]ADVANCE REQUESTED Advance payment of$ _ is requested. Balance of,payments Will be made on a reimbursement.basis. These funds.-are needed to pay staff, award benefits to clients, duplicate.forms and purchase.start-up supplies and equipment. We would not be able to operate the program without.this advance. if you are requesting an.advance, complete the following:chart and line item justification.below. PLEASE NOTE: Calculate your estimated:expenses at 100% of your expected needs for ninety .t90j days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation.. ESTIMATED EXPENSES BUDGET CATEGQRYILINE ITEMS 20�-20 Anticipated Expenditures for First Three. (list applicable line items) Months:of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAKEXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION {For each line item, provide a detailed justification explaining the need for the cash advance: The justification must include supporting documentation that clearly shows.the advance will be expended within.the first ninety(90)flays of the contract terra. Support documentation should include quotes for purchases,delivery tirnelines,.salary and expense projections, etc:to provide the.©iv.ision reasonable and necessary support that the advance will be expended within the first.ninety (90)days:of the contract term. Any advance funds not expended within the first ninety(90) days of the contract'term as evidenced by copies.of invoices and cancelled.checks as required by the Budget and.Scope of work showing.I000/a of expenditures for the 90 day period.shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard,Tallahassee, Florida 32399,within thirty(30)days of receipt,.along With any interest earned on the advance. 47 Attachment F QUARTERLY REPORT FORM Instructions:Complete andsubmit this form to State Project Manager within?5-lays after each-quarter. SUB-RECIPIENT: Ci# of Clearwater PROJECT#: 4337-484-R PROJECT TYPE: F€4od roofin CONTRACT#: H0552 PROGRAM: Hazard Mitigation_Grant Program QUARTER ENDING: Advance.Payment Information: Advance.Received❑ NIA❑ Amount: $ Advance:5ettied7 Yes.❑ No❑ Financial Amount to.Date: Sub-Recipient Total.Pro'ect lrx enditures to date federal& local): Target.Dates(state Agreement): Contract Execution Date: Contract Expiration Date: Date Deliverables Submitted: Closeout Requested Date: Describe Milestones achieved during this.quarter: Project Proceeding.on Schedule? El Yes ❑ No .(If No;.bescribe under issues below) Percentage:of Milestones completed to Date:. °Io Describe Activities-Milestones completed this quarter only:. Schedule of the Milestones-Activities: Milestone Dates(estimated) State Contracting Closeout Compliance Estimated Project Completion Date: Issues or circumstances affecting completion"date, rnilestones,scope of work,andlor cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Cos#I Financial Comments: NOTE:.Events may occur between.quarterly reports, which have signif+cantimpact upon yourproject(s),such as anticipated overruns,.changes:in scope of work, extensions. Contact the Division as soon.as these conditions are known; otherwise you could.be non-compliant with yoursub=grant award. Sura-Recipient Contract Representative(ROC) Signature: Phone: To be completed by Florida Division of.Emergency Management Proiect Manager Project Manager Statement. ❑10 Action Required, OR ❑Action Required., PM Percentage of Activates competed per PM Review QR Milestones Spreadsheet: % Date Reviewed: Reviewer.. Project Manager 48 Attachment Warranties and Representations Financial-Management The Sub-Recipient's financial management system must comply with 2 C.F.R..§200:302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of.2 C.F:R.§200, Part D—Past Federal Award Requirements—Procurement Standards.(2 C.F.R. §§200.317:through 200.,327). Business Flours The Sub?Recipient shall have its offices open for,business,with the entrance door open to the public, and at least one employee.on site,from: 8:00 AM-5:00 PM Monday Thru Friday. as Applicable. Licensin .and Permitting All subcontractors or employees hired by the SubmRecipient shall have all current licenses.and permits required for all of the particular work for which they are hired by the Sub-Recipient. 40 Attachment H j�, h �' a,„;,.3•r.Y^s Mrvxz�%�C"s�=�-:rte �-i'r•"s-. -.- X- --`;L•� .iii x- ..�..- x. �,. :.2'r =-n �v7T�in - i i.i. .-1•rrr'^r.'y;�p-;;t?., clxr..,.-zr.;c,n;:�3. �+3` 'fr=i�r'"'=F�'� �-Y "f[-.❑.f ba°T ''eltt'=' a,yr '•'•YY..•..'-�t-:! �.:3-Fsii' �-Y rE ••kr;� �"T,�3�: rP-c..kr..`( �,� �?^��'"��.,3-.; �•��s;'�'� � Cr1�. .�. �•n�;rB!'ISEDn^•.#li�l!I�IE]lIi{��. ,3-_t. �?•r_„r, s.��:,.. �•��*,s�: ::�S-rs., a.- - a. - 'cd-.u.. `�.- r..l,2sis'^ - - 1•��:�'�.,rs- - ems: :•.Vii,- �'�`'.r 3r ..'u- :;3•...;.-.•. .,Vii,- A :,rx3�x:�:•.:•.Vii,- :•.Vii,- =3.. :�.2.... iiiSr,..ti:�._ '.�i.2`;. .%F.7,Vd'�sYc�] � •.�i.J •.�i.2..... S,•��:��=:�fcy.vc:..�vs Subcontractor Covered Transactions The prospective subcontractor, of the Sufi-Recipient certifies; by submission of this document, that neither it, its principals;nor affiliates are .presently debarred;.susp:erided, proposed for debarment, declared.ineligible,.voluntarily excluded; or dis.qualifieVrom participation in this transaction by any Federal department or agency. SU13CONTRACTOR By: City.of Clearwater _ Signature Sub-Recipient's.Name:. H0552 Name and Title DEM Contract:Number 4337-484=13' Street Address FEMA Project Number City,-State,Zip Elate 50 Attachment l Federal Funding Accquntabili.ty and Transparency.Act Instructions and Worksheet PURPOSE:The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26, 2006: The intent of this legislation;is to empower every American with the ability to hold the.government.accountable for each spending decision.The FFATA legislation requires information on federal awards:(federal assistance and expenditures) be made available to thepublic via a.single, searchable.website,which is http://www,usaspending.gov/. The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management("FDE.M'or"Division"):rhust use.to capture and report sub-award and executive compensation data.regarding first-tier sub-awards that obligate$25,00.0 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 o.ut, signed, and returned to the project.manager. ORGANIZATION ANIS PROJECT INFORMATION The following information must:be provided to the FDEM.prior to the FDEM's issuance of a sub award (Agreement)that obligates$25.,000 or more in federal funds as described above. Please. provide the following information and return the signed form to the Division as requested. PROJECT#: 4337-484-R FUNDING AGENCY: Federal Emergency Management Agency. AWARD AMOUNT: $462,000.00 OBLIGATIONJACTION DATE: July 21,..2020 SUBAWARD DATE(if applicable).: DUNS#: . 078307303 DUNS#+4 51 *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.dnh:comlwebform). The process to request a DUNS.number takes about ten minutes and is free of charge. BUSINESS:NAME: DBA NAME.(IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS#(if applicable):. CATALOG.QF FEDERAL DOMESTIC ASSISTANCE(CFDA#) DESCRIPTION OF PROJECT(Up to 4000 Characters) The:City of Clearwaterproposes to provide protection to eight(8)lift.stations in Clearwater, Florida,33767. The proposed scope of work proposes to elevate the telemetry, control panels, and power connections of the.lift stations to at least two feet above the Base Flood Elevation (BFE). Any electrical components remaining below the designated flood plan.level will be classified NEMA 6P. Lift Station #11 has a permanent generator; a raised platform.will be provided for it. The project.will reduce the risk of storm surge damage to the lift stations, thereby protecting their efficacy and reducing the risk of sanitary sewer overflows due to loss of function.. The generator and. the electrical components shall be protected against a 500-year flood event by implementing specific activities.orby locating the generator outside the:Special Flood.Hazard Area.(SFHA) and shall be protected against wind with a rated enclosure.based.on its location requirements,. Activities shall be completed in strict compliance with Federal, Stateand Local Rules.and Regulations. Project Locations`. IDt# Name/Station Location Coordinates 11 LS.9 995.Bruce Ave..&Narcissis Ave. 28.001785, 82.824829 2 LS 10 830 Lantana Ave. QVerbana.St. 27.994611, -82.825239. 3 LS 11 530 Mandalay Ave. 27.982392, -82.826938 4 LS 28 499 Island Palm Palm Island (.27.98460.6,-82.818042) t7) LS 3.5. � 855.:Harbor Passa a Island Estates 27.987566.-82.817015). LS 39 713 lsland 1Na N End ofStreet 27.990194, -82.820256 LS'80 1621 Gulf Blvd.(Moorings of Sand (27.9381.32,_82.836543) Ke 8) LS 81 71 Causeway Blvd. (East end of (27.976828, -82.824653) Marina pafkIng lot Verify the.approved project description above, if there is any discrepancy,please contact the project manager. 52 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: "Providing the Zip�4,ensures that the correct:Congressional.District is reported.. EXECUTIVE COMPENSATION INFORMATION: I. 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,.sub.grants, and/or.cooperative agreements, etc.) subject to the Transparency.Act, as defined at:2 C.F.R. 170..320; , (b)$25,000,000 or more in annual:gross revenues from U.S. Federal.procurement contracts(and subcontracts)and Federal financial assistance(e.g..loans, grants,subgrants, andlor cooperative agreements,.etc.) subject to.the Transparency Act? Yes ❑ No❑ 53 "No ff the answer to Question 1 is "Yes, continue to Question Z ff the answer to Question 1.1s move to the signature hlo.ckbelow to complete the certification and submittal process. 2. Does the public have access to information about the comAensation of the executives in your business or organization(including.parent organization, all branches, and all affiliates worldwide) through periodic reports fled under section 13(a)or 15(d)of the Securities Exchange Act of"1934 (1.5 U..S.C.78m(a), 78o(d))Section 61 Q4 of the Internal.Revenue Code of 1985? Yes❑ No ❑ If the answer to Question 2 is"Yes," move to the signature blocks below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpiiwww.sec.govlanswerslexecomp.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." PFATA reporting is required.Provide the information required in the."TOTAL COMPENSATION CHART FOR.MQST RECENTLY COMPLETED:FISCAL YEAR" appearing below to.report the"Total Compensation"for the.five(5)most highly compensated "Executives", 1n rak order,1n your organization. For purposes of this request,the:following terms apply as defined in 2 C.F.R. 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: I. Salary and bonus. ii. Awards of stack, 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 f=inancial Accounting Standards No.:1.23(Revised 2404) (FAS 123R), Shared Based Payments. W. 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.beha.If of.the employee, perquisites or property)for the executive exceeds$10;000_ 54 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Cate of Fiscal Year Completion Ranh Total Compensation {Highest to Name for Most Recently Lowest) (Last, First, MI Title Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW,THE INFORMATION PROVIDED HEREIN IS CURATE. } SIGNATURE iv NAME AND TITLE: '64i r r +jjc -T(,6,5 DATE: / 55 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined. in. Appendix 11 to 2 C.F.R. Part-.200.. lt;is the responsibility of the sub-recipient to include the required provisions. The following is.a list of sample provisions from Appendix II to.2 C.F.R. Part 200 that may be required:' Appendix II.to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non=Federal entity,all contracts. made by the non-Federal entity under the Federal award must contain provisions covering the following, as.applicable. (A) Contracts for more than the simplified:acquisition threshold,which is the inflation adjusted .amount determined by the Civilian Agency.Acquisition Council and the Defense Acquisition Regulations Council(Councils).as authorized by 41 U.S.C. 1908, must address.Administrative, contractual, or legal remedies.in instances where.contractors violate or breach contract terms,and provide for such sanctions. and penalties as appropriate. (B)All contracts in excess of$10,000.must address termination for cause.and for convenience.by the non-Federal entity including the manner by which it will be affected and the basis for settlement, (C) Equal Employment Opportunity. Except as otherwise.provided.under 4.1 C.F.R. Part 60, all contracts.that meet the defriition of"federally assisted construction contract"in 41 C:.F.R. Part 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 FR 12.3'19, 12935, 3 C.F.R. Part, 196.4-1.965 Camp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at41 C.F.R. part 60,"Office of Federal Contract'Compliance Programs, Equal Employment Opportunity, Department of tabor." (D) Davis-Bacon Act,.as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities-must include a.provision for compliance:with the Davis-Bacon Act(40 U:SZ. 3.141-3144,and 3146-3148) as supplemented by Department of Laborregulations(29 C.F.R. Part.5, ''Labor Standards Provisions Applicable.to.Contracts.Covering Federally Financed and Assisted Construction").In accordance with the statute;contractors must be required to pay wages to laborers and mechanics at.a rate.not less than the prevailing wages specified in a wage determination made by the.Secretary of Labor. In addition, contractors must be required to:pay wages not less thanonce a week,The non-Federal entity must place a copy Ofthe.current prevailing wage determination issued by the Department of labor in each solicitation.The decision to award a contract or subcontract must be conditioned.upon the acceptance of the wage determination.The non-Federal entity must report..all suspected or reported violations to the Federal awarding agency.The'contracts must.also include~a provision for.compliance with the Copeland "Anti-Kickback Act.(4€7 U.S.C. 3145), as supplemented by Department of Labor regulations (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 Act provides that each contractor or Sub-recipient must be prohibited from inducing, by any means,.any person employed in the construction,completion.., or ' For example,the.Davis-Bacon Act is.not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant"Program; however,sub- recipient may include the provision in its subcontracts.. 56 repair of public work,to.give dap 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 the Federal awarding agency. (E) Contract Work Hours.and Safety.Standards Act(40 U.S;C:37013708).Where applicable, 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.3744, as supplemented.by Departmentof Labor regulations (29 C.F.R. Part 5)..Under 40.U.S.C.3702 of the Act; .each contractor must be required to compute the wages of:every rnechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the:worker is compensated at a rate of not less than one and a half times the..basic rate of pay for all. hours worked in excess of 40 hours in the work week.The.requirements of.40 U.S.C. 3704 are applicable to construction work.and provide that no laborer ormechanic must be required to work in surroundingsor under working conditions which.are unsanitary, hazardous or dangerous.These requirements do not applyto the purchases of supplies or materials or articles ordinarily available on the:open market, or contracts for transportation ortransmission of intelligence: (F) Rights to Inventions Made Linder a Contractor Agreement. If the Federal award meets the definition of funding agreement under 37 C..F.R. §40.1.2 (a)and the recipient or Sub-recipient wishes to enter into a contract with a small business frm or nonprofit organization.regarding the substitution of parties, assignment or performance of experimental, developmental,or research.work:under that,"funding agreement,"the.recipient or Sub-recipient 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 Agreerrients,"and any implementing regulations issued by the awarding agency.. (G)Clean.Air Act(42 U.S.C.7401-7671q.).and.the Federal Water Pollution Control Act(33 U.S.C, 1251-1387), as amended—Contracts and subgrants of amounts in excess-of$150,000 must contain a provision:that requires the non-Federal award to agree.to comply with all.applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution.Control Act as amended (33 U.$.C. 1251-1387).Violations must be reported to the Federal awarding agencyand the Regional Office of the Environmental Protection Agency(EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)=A contract award(see 2 CT.R. 180,220)must not be made to parties listed on the govern..mentwide Excluded Parties List System in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F:R. 180 that. implement.Executive Orders 12549(3 C.F.R. Part 1986 Comp.; p. 189)and '12689(3 C.F.R. Part 1989 Comp., p.235),"Debarment and:Suspension:°The Excluded Parties List System.in.SAM contains the names.of parties debarred,.suspended,or otherwise..excluded by agencies, as well as parties declared ineligible under:stat utory or regulatory authority other than Executive.0rde..r 1.2549. (I) Byrd Anti=Lobbying.Amendment(31 U.S.C. 1352.)—Contractors that.apply or bid for an award of$100,000 or more must file.the.required certification. Each tier certifies to the tier above that it.will.not and.has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any.agency, a.member of Congress, officer or employee of Congress;or an em.ployee.of a member of Congress in.connection with obtaining any Federal contract, grant or any other award covered by 31 U:S..C.%1352. Each tier must also disclose.any lobbying with non.- Federal funds that takes place in connection With-obtaining any Federal award. Such disclosures are- forwarded from tier to.tier up to the non-Federal award. (J).See 2 C.F.R,.§200:323 Procurement of recovered materials. (K) See 2.C.F.R, §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See 2 C.F.R; §200.322 Domestic preferences for procurements (Appendix[l to Part 200, Revised Eff. 11/1212020). 67 FEMA created.the 2019.PdAT Contract Provisions Template to assist.non-Federal entities. It is available at httas:llwww.fema.aov/hied a-library-data11569959119092- 92358d63e00d1:7639d5dh4de015184c91PDAT .ContractProvislonsTem late 9-39-19. df.. Please irate that the sub-recipient alone isresponsible for ensuring that all language.included in its contracts meets the requirements of 2 C.F.R..§200.327 and 2;C.F.R. Part.200, Appendix ll. 58 Attachment K Certification Regarding Lobbying Check the appropriate box: This Certification Regarding Lobbying is required because the Contract,Grant,Loan, or Cooperative Agreement ill exceed$100,000 pursuantto 2 C.F.R. Part 200,Appendix 11(l),31 U.S.C.§1352; and 44 C.F.R. Part 18. Ca This Certification is not required because the Contract,Grant, Loan,or Cooperative Agreement will be less than$100,000. APPENDIX A.44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: h) 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. j) 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. j) 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,We 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. e--? The Sub-Recipient or subcontractor, -f\� C N >6certifies 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 tate ments,a to is c ifrcation and disclosure,if any. p Signature of Sub_Recipien sl ?1C14n2,0 ' I R�Fe,rux? 2d Mezc- r?c;,S Name and Title of Sub-Reciientlsubcontractor's Authorized Official Date 7- 59 CITY OF CLEARWATER : al 33 1 584 48 THIAIM)Nt i62--i0'5() FAX 562-1052 Crn' Co` _ct_ January 12, 21323 Florida Division of Emergency Management Mitigation Bureau m-HMGP 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 .Attention. Grant Specialist- Maleather Y. Ash, 3313- Red Letter of Authorization To Whom It May Concern; I, Frank Hibbard, as Mayor of the City of Clearwater,hereby authorize Public Utilities Director Richard Gardner to act as the City's Official Representative for Sub-Recipient Agreement Project 4337-484-R. This agreement was approved by the Clearwater City Council on.December 15, 2.1322. If you have any questions,I can be contacted via telephone at 727-562-4050 or by email at Sincerely, Frank.V. Hibbard Mayor City of Clearwater €rank V,Hi1.-ri ar#i—Ma4`or [ark Bunker.t 0L111dliarCrtalvr David Allbriaon,C,'Ou acliner Al er Kaalfleen Beckn-mct,Caoasn,ditaemb r 1,in a Teixeira,4:�°ouncilmem ber "Equal l,'niplcay meat and Aflia miiative .%ctiot, 1111,lp'."1,r`