FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT FOR DR - 4734 - HURRICANE IDALIAAgreernent Number: 23999
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for DR - 4734 - Hurricane: !della
The. foilowng Agreement ismade arid information is provided pursuant to 2 CFR §200.332(a)(1):
Subrecipients name::
Subrecipient's unique entity identifier:-
Federal
identifer;Federal Award Date:
Subaward Period of Performance Start and End' Date (Cat A -B):
Subaward.Period of Perforrriance:Start. and End Date (Cat C -G):
Arr,ount of Federal Funds Obligated - by this Agreement:
Total Amount of Federal Funds Obligated to the Subrecipient
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Subrecipient
by the pass-through entity:
Federal award project. description (see Federal Funding
Accountability and Transparency Aci (FFATA):
Name of Federal awarding agency:
Narne.ef pass-through entity;
Contact information for the pass-th'rough entity'
Assistance Listing Number (Formerly CFDA Number):
Clearwater, City Of
SG2DQRMWJYL6
09/01/2023
0813112023, 2129/2024
08131/2023 2/28/2025
N/A
Grant for communities to respond to and
recover from major disasters gr
emergencies and for limited miiticlation.
measures..
Department of Homeland Securitv"(DHS)
Federal Emergency ManagementApencV
(FEMA)
Florida Division of Emergency_
Management (FDEM)
2555:Shumard Oak Blvd.
Tallahassee..FL:32399�2100
97.036
Disaster Grants - PublicAssistance (Presidentially
Assistance Listing Program Title'(Formerly CFDA program Title): Declared Disasters).
THIS AGREEMENT is entered into by the State of Florida, Division. of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division'),' and
(hereinafter referred to as the "Subrecipient").
THIS 'AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Subrecipient represents that it is fully qualified and. eligible to receive these grant funds to provide
the services identified herein;
B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility, for
ensuring compliance with all applicable. State and Federal laws, regulations and policies, and bears the ultimate
consequences of any ad:Verse.decisions rendered by the Division, the Federal Awarding Agency, or any other State
and Federal agencies with audit, regulatory, or enforcement authority;
Clearwater, City Of
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C. This Agreerrient establishes the relationship between the Division and the..Subrecipient to allow -the
Division to pay grant. funds. to the Subrecipient.
• THEREFORE; the Division and the Subrecipient agree.to the following:
(1) APPLICATION OF STATE LAW -TO THIS:AGREEMENT
2 CFR .§.200.302 provides: "Each state .must expend and account for.the Federal award. in accordance with
state laws and procedures for expending and accounting for the state's own funds," Therefore;•section 215:971,
Florida Statutes; entitied "Agreements funded with federal or state assistance," applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards,"
b.. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable:State
and Federal 'saws: rules, and regulations. Any express reference in this Agreementto.a particular statute, rule, or
regulation in no way implies :that no other statute, rule, or regulation applies. The applicable statutes, rules, or
regulations a. -e the statutes, rules, or regulatibns'in effect at the time of the declaration of the incident through which
federal funds are awarded, or as otherwise indicated as retroactively applied.
(31 CONTACT
a. in accordance with section 215.971(2);. Florida Statutes, the Division's Grant. Manager shall be
.responsible for s n& rcing performance of this Agreements..terms: and conditions and shall :serve as the Division's
liaison with the Subrecipient. As part of tiislher duties, the Grant Manager for the Division shall:
Monitor and docurrient Subrecipient:performance; and
ii. Review and document all deliverables for which the:Subrecipient.requests payment
o. i be:Dsvis_ion s Grant Manager forthis Agreement is:
Name Mr: Stephane Malet
Title Grant Program Manager
Bureau of Recovery
Address: Florida Division ofEmergency
Management 2555 .Shumard Oak Blvd.
Tallahassee, FL 32399-2100.
Telephone: (850) 81`5-4469
Email: Stepharie.Malett ern.rni+llorida.corn
c. The Warne and address of the. Representative of the Subrecipienf•responsible for the administration of
this Agreement is;
Narne: Iron A,Graham
Address: 11110 eou p
Clearr,✓q }LErb Ft 33756
2
Telephone: 7a7 -SGS -I/33`Y egg-: Rd S'
Email:: Java , GriaLiam c) rnyc_%ear+ratet..COm
d: lathe avant that different representatives or addresses. are designated .by either party after.execution of
this Agreement, notice of the name, title., and address of the new representative will be provided to. the other party in
writing via letter or electronic email.
e, Systems Access: It is the Subrecipient's. responsibility..to maintain current active users in the Division's
grants management system in:accordance with Attachment'B to this Agreement ("Systeme,Access Form").
(4) TERMS AND CONDITIONS
This Agreement contains all the termsand conditions agreed:upon by the. parties.
(5) EXECUTION
This Agree,nent may be executed in any numberof counterparts, of which may be:taken.as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes which:are. agreed .upon
shall be vai:a only finer, in writing, signed' by each of the. parties, and attached to the original of this Agreement.
!,.7) SCOPE WI WORK
The Suc;e:<;ipientoshaii perform the work as approved by FEMA andprovide the necessary documentation to
substantiae work completed.
(8) i~,1:.f C r CF AGREEMENT/PERIOD OF PERFORMANCE
The Periodof Agreement establishes a tirriefranie for all Subrecipient contractual obligations to.be.complated.
Upon execution t3:y [}oth parties, this.:Agreement shall begin on_the first day of the. incident period. for the disaster
applicable to the agreement and shall: end .upon closeout of the Subrecipient% account fi rthis disaster by the Federal
Awarding Agency, ;r;'e:ss. terminated earlier as specified elsewhere.in this Agreement. This Agreement survives:and
remainsir, affect a t.: termination ination for the herein referenced State and Federal audit requirements and the referenced
required records retention parioda. Wort{ May only be:performed during the timeframes established and approved by
FEMA.for each Category of Work type.
(9) FUNDING
a. The aniou. nt of total available funding forthis subgrant is limited to the amount obligated .by the Federal
Awarding Agency for ail projects. approved for this.Subrecipient for DR - 47.34 - Hurricane.. idalia Payments
to Subrecipients are contingent upon the granting of budget authority to the Division.
b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General.
Appropriations Act, whenever the State. accepts financial assistance from the Federal Government. or.its agencies'
under the Federal Public Assistance Program and such financial assistanceis conditioned upon a requirementfor
matching :Funds, the State shall provide the entire match requirement for state agencies and one-half of the required
match far grants to Localgovernments. Affected Local governments shall be. required to provide one-half of the
required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not
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apply to Subrecipients that are considered Private Non -Profit entities, therefore. the entire:non-federat.share
shall be the. responsibility of the.Private Non -Profit Subrecipient.
c. The Executive Office of.the Governor may approve a waiver to local governments for the Non -Federal
match requirement. The local .government must apply forthe waiver in accordance with.Section 252,37(5)(b), Florida
Statutes.. Acca; gov:.rranerits must apply forrtne match waiver independently from their respective County.
(10). PAYMENT
a.. The payment method :used by The Division is either a Cost Reimbursement or an Advance Payment.
Advance pay ; ec Ets wit; be governed by Chapter 216, Florida Statutes.
b. The Division's Grant Manager, as required by section 215.971(2)(4 Florida Statutes, shall reconcile
arid verify ai= trite received :against all fijnds'expended during the grant agreement period and produce a final
reconciliation report. The final report must identify any funds paid in, excess of the expenditures incurred by the
Subrecipient.
(11) REPAYMENTS
R runes or repayments of .obligated funds. may be .paid 'to the Division through check or through a
paymentplan-asapproved by.the Department. of Financia -Services, Additionally, FEMA may permit the Division to.
off -set against other obligated projects,where deemed eppropriate..lnaccordance with Chapter 255, Florida.Statutes,
the Su iecipi=.: s ;ra 3 ::drys to repay the funds from' the issuance .of.the invoice from the Division. The Division may
impose a 1% per;.eenth interest fee for unpaid. invoices.
o. Ali rel;;•:; s or repayments due to the Division under this Agreement,are.to be-made:payable to the order
.o "Dlvis±cn of Emergency Management,- and must include the Invoice, number and the applicable Disaster and
.Project aur: ;& r;s) i:ai are.the subject of the invoice, and. be maited directly to the following° address;
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee F.L. 32399-2100
(12) RECORDS
a. As regp red by 2 CFR § 200.334, and modified by Florida Department .i f State's record retention
requirements (Fie. Admin. Code:R, 1B-24.003), the Subrecipient shall retain sufficient.records to .show its compliance'
With the terms or this Agreement and all relevant terms and conditions of the award paid from funds under this
Agrees .en ..:.r rar od of five (5) years from the. date of submission of the final expenditure report. This period may
.be extended fur r .axons including, but not.limited to, litigation,'fraud, or appeal. As required by. 2' CFR §: 200.303(e),
the Subrecipient shall take reasonablemeasures to safeguard. protected personalljr identifiable information and other
information the Federal. Awarding Agency pr the Division designates as sensitive. or the. Subrecipient considers.
sensitive consistent with applicable Federal, State, local; and tribal laws regarding .privacy and responsibility over
confidentiality.
b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants
to be paid.from funds provided under this Agreernent; including documentation of atl'program costs, in a form.sufficient
4
to determine compliance with the requirements and objectives of the award and all other applicable laws and
regulations.
(13) AUDITS
a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F.
b. As required by 2 CFR § 200.337(a), The Federal awarding agency, inspectors General, the Comptroller
General of the United States, and the [Division], or any of their authorized representatives, shall enjoy the right of
access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in
order to make and s, examinations, excerpts, and transcripts. The right also includes timely and reasonable access
to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right
of accass is not limited to the required retention period but lasts as long as the records are retained (2 CFR §
200.3.7.)7(c)).
c. As required by 2 CFR § 200.332(a)(5), the Division, the Chief Inspector General of the State of Florida,
the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any
documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement,
in orrer to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and
reasonable access tc the Subrecipient's personnel for the purpose of interview and discussion related to such
GOCCLn giants.
itl REPORTS
a. :;:.:.s. tarit with 2 CFR § 200.329, the Subrecipient shall provide the Division with quarterly reports and
any app,icable Financia+ reporting, including reports required by the Federal Funding Accountability and Transparency
Act (FFA T A). These reports shall include the current status and progress by the Subrecipient and, as applicable, all
subccr.-_r or
;r ';ompleting the work described in the Scope of Work and the expenditure of funds under this
Agreement, in a::c,tion to any other information requested by the Division.
October 1-
January 1 — March 31
April 1 —June 30
July 1—September 30
2 (Q2)
Quarter 4 (Q4)
October 15
b. 'i'^e rtr-e tient agrees to submit quarterly reports to the Division no later than fifteen (15) days after
the enu _e, u; aye piograrn year and to submit quarterly reports each quarter until one quarter past the
closeout of each )rbject in the Division's Grant Management System. The ending dates for each quarter of the
program year are March 31, June 30, September 30, and December 31.
c. 'The cicseout report is due sixty (60) days after completion of each project worksheet associated with the
applica:mt executing. ;his Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs.
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d. The Subrecipient shall provide additional program reports, updates, or information that may be required
by the Division or the Federal awarding agency.
(15) MONITORING
a. Tne Division shall monitor the performance of the Subrecipient under this Agreement to ensure that the
Scope of Work is being accomplished within the specified time periods, and that other performance goals are being
met.
b. The v:abecipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Division. in the event that the Division determines that an audit of the Subrecipient is appropriate,
the Subrecipient agrees to cornpiy with any additional instructions provided by the Division to the Subrecipient
regarding such audit.
c. Smait Projects, as defined in 44 CFR § 206.203, that are obligated above the Federal Simplified
Acquisition ;:hresnc,a (SAT) will be subject to enhanced oversight and monitoring by the Division as authorized by 2
CFR § 200.3 2ta)(2).
(16) LIABILIY.
a. Uness tre Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida
Statutes, the Subre. pient is solely responsible to third parties it deals with in carrying out the terms of this Agreement.
As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims
of witaiavet -. tine by third parties arising from the work performance under this Agreement. For purposes of this
Agreement, Su irecipi ,,nt agrees that it is not an employee or agent of the Division but is an independent contractor.
b. As retrjree by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political
subdivision, as deleted in Seamon 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious
acts ar which result in claims or suits against the Division and agrees to be liable for any damages
proximate,y ca::scCI ay the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein
is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies.
Nomirrg here r sr ai..a construed as consent by a State agency or subdivision of the State of Florida to be sued by
third parties :,~, ar,j matter arising out of any contract.
TEF ttt is ' it �1
This."-i,t.e;3t terminates upon the completion of all eligible work and payment of all eligible costs in
accot,:.ance wit , t.ae ,-' otic Assistance Program requirements. The Division and Subrecipient agree that all records
will be maintaiir eu until the conclusion of any record retention period.
(3i) Fzc t"t3"
a. rzv ��crec;pier. :Lust ensure that any procurement involving funds authorized by the Agreement
comp ies .int . a . pp .;ao a Federal and State laws and regulations, including 2 CFR §§ 200.318 through 200.327 as
well as Apper. ,:, t, zo 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal
Aware.;') r. _ ,f.uitrements, guidance, templates, and checklists regarding procurement may be obtained
throucft t. ie Fro ,urement Disaster Assistance Team. Resources found here:
https://www.fema.00v/araints/brocurement.
0..:; : „.:..'Gcipient must include all applicable federal contract terms for all contracts for which federal
6
funds are received.
if the Subrecipient contracts. with any contractor or vendor for performance: of any.portion .of the work required .under
this Agreernent, .the •Subrecipient must incorporate into its contract with such contractor or. vendor an indemnification
Clause holding the Federal Govemment,.:its employees andlortheir.contractors, the' Division, its employees. and/or
their contractors, and the Subrecipient'and its .employees andlor their contractors harp ilessfrorri liability to third parties
for .ciaj:ns .asserted under such contract.
c. The Subrecipient must monitor and d.o.cument, in the quarterly 'report, the contractor's progress • in
per for ming its: wor k on its behalf under this Agreement in addition to its awn progress.
a. The Subrecipient must ensure ail contracts conform to sections 287:057 and 288.703, Florida Statutes,..
as applicable.
(iJ)'A.T :"ACHiMEN i S
.a. Ail attachments ents ta.thiis Agreement are incorporated as if set outfufly.
b. in the event of any inconsistencies or.conflict between the language of this
Agreement and the attachments, the language of the. attachments shall control; but only to the extent of the .conflict
or inccr:sisterh y.
This Agreement has the foiibwing attachments:
.. Attachment A --Certification Regarding Debarment
ii. Attachment achment B — Systen is Access Form
Attachment C =Certification Regarding Lobbying
IN WITNESS WHEREOF, the. parties *hereto have eicecutedthie.AgreeMent.
SUBRECIPIENT: Clearwater, City Qf
By:
Name:
(Signaltire)
Vintri- fee
t;rr;er
Title: Cit
y M411 vee
t—Jci 07,
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Governor's Authorized Representative
8
Agreernerit Number: Z3999
Attachment A
CERTIFICATION REGARDING. DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
The.Subrecipient certifies, to the best of its knowledge and belief, that it and its. principals:
1.. Are not presently debarred, .suspended; proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2. Have not within the five-year period preceding entering into this Agreerrient had one or more public
transactions (Federal, State, or Local) terminated for cause or default; and
3. Have not within the five-year period preceding entering into .this proposal been convicted of cr had a.:civil
judgment rendered against them for:
a) the commission of fraud or a .criminal offense in connection with obtaining, attempting tb obtain, or
performing a public (Federal, State;. or Local) transaction or a::contract under public transaction, or b)
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification, or destruction of records, Making false statements, or receiving stolen. property.
The Subrecipientunderstands and agrees that the language of this certification must beincluded, in the award
documents for ali subawards at all tiers (including subcontracts; subgrants, contracts under grants; loans, and
cooperative agreements) and that ell contractors and sutrcontractors must certify and disclose: accordingly_
The Subrecipient further understands and agrees that this certification is a.material representation of fact upon which
reliance Was placed when this transaction was madeor entered:into.
By:
Sig
Tse n; r poirrLerr4G t . Matti r
Name and Title
600 Cleveland Street, Suite 600
Street. Address
Clearwater, FL, 33755
City, State, Zip
Dt e
Clearwater, City Of
Subrecipients Name
Z3999
DEM Contract Number
Attachment B
SYSTEMS ACCESS
The System Access Form is submitted with each new disaster or emergency declaration to identify the
Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and
documents, and submit the documentation necessary to work the new event. The Systems Access Form is originally
submitted as Attachment "B" to the PA Funding Agreement. The Subrecipient is responsible for regularly reviewing
its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the
Subrecipient. A new form will only be needed if all listed contacts have separated from the Agency. If a new Systems
Access form is submittao, all Agency Representatives currently listed as contacts that are not included on the updated
form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a
monthly basis to ;seep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation
of authority. A signatory must have an attached delegation of authority as appropriate.
Instructions for Completion
Complete the form in its entirety, listing the name and information for alt representatives who will be working in the
FDEM Grant Management System. Users will be notified via email when they have been granted access. The user
must tog in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will
tock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event
you try to log in and your account is locked, users must submit a request for unlocking to
RPA,Helpt em.myf oiida,cam.
The form is div :.ec; into :waive btocks; each block must be completed where appropriate.
Block 1: 'Authorized Agent" — This should be the highest authority in your organization who is authorized to sign
legal documents on behalf of your organization. A subsequent new Authorized Agent must be designated through a
letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority
to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and
tris person. viii .h; Jak t accosslauthority unless otherwise requested).
Estv:,ac 2: "Primary Contact" — This is the person designated by your organization to receive all correspondence and
is t,ur main po ,t of contact This contact will be responsible for answering questions, uploading documents, and
su'L.mitting reports: requests FDEM Grants Management System. The Authorized Agent may designate a new
Pri..aary Contact. :Only one Primary Contact is allowed, and this contact will have full access).
Buick 3: "Alternate Contact" — This is the person designated by your organization to be available when the Primary
is ...;;. "'ither the Authorzed Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate
Cc..tec ;s al,or ed, ana i;";is contact will have full access).
Brock 4, 5, and : "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental -Historic).
Providing these contacts is essential in the coordination and communication required between State and Local subject
ma.,sr experts. ;°aa understand that the same agent may be identified in multiple blocks, however we ask that you
ems: t e name a 1 i„fo,;r.atio.-: again to ensure we are communicating with the correct individuals.
Block 7 — 12: er" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted
e,).ny actea. y need to tog in and nave a role in reviewing the information. This designation is only
for sit at:cn... p;.rkC$es as individuals with the "Other Read -Only" designation cannot take any action in
re. Syste:. .
Note: The Systerrfs Access Form is NOT a delegation of authority. A signatory must have an attached
appropriate.
10
SYSTEMS ACCESS FORM (CONTACTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
taw pier:c: 0 -arv/&cert City Of
Iutsvrize Agent (Full Access)
Box 2: Primary Contact (Full Access}
v rnn fel fo,fr let__
Name
Teveh, A. Gr arh
Signature
a
S• .a♦ re
_
�:-:° }� C ,
�+-y oe
Organizati at Position
qG
eh er4Qncy 11/1
k,n°�cAdd"ess
is00 Cleve/o...l , Ste Ct00
_hr�Aer
Mailing Address
into Cour d- cf-
City, State,
C1egrwater Ft. 337 SS
City,State,
clleRtwje, Fl. 377st�
Daytime Telephone
7a.?-S4'X- �l"ts
Daytime Telephone 1
7)-S(L-11 3V id' 3 o- '
. a Add:as
' Cel tA-
E-mail Address
Box 3: Alternate Contact (Full Access)
Box 4: Other -Finance ' oint of Contact (Full Access)
Name
Ocrc S ` fl,
Name ,,
ala Radr
Signatu ..
Signature
Cr k Oficial Position
At fifleitty Mama' eerltt tet:.AI"-
Organization • - cia s'
F;nem e c 0;etc e
Mailing Address
100 5. myrtle Ave,
myrtle
wiaili dres§
1Ig{0 Court .9*
City, State, Zip
C earwd, et, Ft, 3375 `
City, State, Zip
Cl eerwispe f- L, 33?Sts
Daytime Telephone ' 7- s6 -1"5,Y 117
Daytime Telephone ay- `( 3
E-mailA dresssr
,l 't
E-mail Address
Box 5: Other-lalsk , • ntt-Insurance Gull Access)
So 6: Other -Environ =ntal-Historic (Fu U Access)
Name
fdwaritl Meer a
Name%flo,i ea Th;+th ell
Signature
Signature • _ _
AI; rt .int
Cr ,a; sizati n t Official Position
ICI Temaer
Organization / Official Position
FiAcuite Asst i0:rect-rr
Mailing Address
/0d J: thy ro-k Ave
City, State, Zip
CI earivate, FL 33756
IV asu h Address
100 -t. thy r1 -1e Avc
City, State, Zip
C1e.trwQter, PL. 3375 6
ay ne Te:ephor,,e Daytime Telephone
In - U?- - y6 $ 77-L - Ys 33
nab Aodress E-mail Address
drAvor of /I , L, A: f I, . , - F 1 , .
.
e stove contacts may utilize the FD' M Grants Management System to perform the Sutxecipient s r•- ponsibiiities regarding the Public
1s;s. } ze (.E.'er t according to theirlevJf access. The §Arecipient is responsible for ensuring that all contacts are correct and up-to-date.
size. -eprespriiatve Si, nature
11
SYSTEMS ACCESS FORM (CONTACTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDADIVISION OF EMERGENCY MANAGEMENT
Clearwater, City Of Date:
r)..11!". r Opl•! Box 81 ether (Read Only Access)
%arric.:
tire
tit
Names
e L
• , .;:a1 ?KT,.
4)21, J4-40,1-
Coo eteoelaii
City. State.. Z1P
cleow aft' / Ft=
Atm& er
-5-e 00
Signature
Organization / Official Potition
NiailOo Address
City,State,. Zip
WO Cour f
c
C1 for-4,411er FL. 1373'6
Daytime Telephone
72-7 -362--Y33YA,1 3! 71
1201654m fareq-
Box 9: Other (Read Only Access)
•
g ail Nit:tress
le.
Box 10: Other ( ead Only Access
Na
Signature.
Ognizatiori i Official Position 1 Organization 1 Official Position
tviaLig Ad:grass
tt
Ciy. State, zp
Daytime Teleonene.
r.-rneil Address
Box 11:
Name
Majling Address
City, State, Zp'
Daytime Telephone.,
•
Other (Read Only Access)
Address
i Box 12:
Name
Other (Read Only Access
otgnat.tre
Signature
. Organization 1 Official POsition i Organization/ Official Position
r,r1aAirg .Address 1 ivlailirig Atittlres
City, State, Zrp City, State,.Zp
Daytime Telex) none Daytime Telephone.
tz-rnaliAlcirc-ss E-mail Address
..:Sultracrplarit'ts _Fiscal:Year (FY) Start. Month: I .0
Subreciolent's Federal Employer's Identification Number (EIN) S9-6000289*
L. cGalift.t.t4a CognizentAgency for Single Audit Purposes.: FleridaDivision of Emergency Management
zutra.c.ipiam s: 1=1PS Number (If Known) 103-12875,00
12
Attachment
Certification Regarding Lobbying.
APPIl!NICIIX A, 44 CFR PART 18 CERTIFICATION REGARDING LOBBYING
CE-.'rtifioatioh for Contfacts, Grants, Loans, and Cooperative Agreements
The iirglersihned certifies, to the best of his or her knowledge arid belief, that:
r7 Pf,pr-o p.a.; funds have been geld orwill be paid., by or on behalf of the undersigned, to
any c-erson for influencing or attempting to influence anofficerot employee elan agency. a. Member of
oliicer empioyee.f Co7ngress, :or an ernployee ofa Member. Of Congress in .connectidn.
with f..he.aardiria of any Federal contract, tne.making Otany•Federal grant, the making of any Federal
into of eily cooperative agreement, and the extension., continUatidn, renewal,
arnendmem. or mactification of any Federal contract, grant, loan, or.cooperative agreement.
Z:flyLSC:ther than Federal appropriated funds have been paid or will be paid to any person for
i1 fl 0i., -,fluence an officer or 'employee of any agency, a Member of Congress, an
oitoat ...7.,:..picyrse of Congress, or an .emplOyee Of a MeMber of Congress in connection with this
gram: 'can, orcooperative agreement,..the undersigned shall Complete and submit
"Disclosure Form to. Report Lobbying, -in accordance With its instructions.
The, undersigned shah require that tne Language of this certification be included in the award documents
for tali suba.I.,yarde.a alltiers (ir.cluding subcontracts, subgrants, and contracts underigintS,. loaria, and
cod..i,rve rigreernetits) and that- all 'Subrecipients shall certify and disclose. atbordingly.
This certificz-ior:s a naterial e6presentad0 of fact upon.which reliance was placed when this. transaction.was
made or entered into. Suomission Of this certification is a.prerequiSite for making orentering into this transaction
imposed by .seCtion 1352, title 31, U.S. Code.. My person whd fails to'file the required certification shall be
subject to a.civ penalty of not less than.$1.0,00.0 and not more than $.1.00;000for each such failure.
The Subrecipient or contractor, Cleailvrfer.).. C ;/-N,Yf ,.certifies.or affirms the -truthfulness and
acCuraoy of each staternent of its certific;atIon and oisclostfre, if any. InecIdition, the Contractor .understands and
acmes that the provision§ of 31 U,S.C. Chap. 38, Administrative Remedies for False Claims and Statements,
apply to this certification and disclosure, if any.
SignatuF of.S reci ienttoontractor's AuthoriZed Official
,
/*eh A -Per 0;re; tr y Malta 4 tr
Name and Titie cit-SuOmcipienticontractorsiitithorifed Offitial
Date
13,
Agreement Number: Z3999
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for DR - 4734 - Hurricane Idalia
The following Agreement is made and information is provided pursuant to 2 CFR §200.332(a)(1):
Subrecipient's name: Clearwater, City Of
Subrecipient's unique entity identifier: SG2DQRMWJYL6
Federal Award Date:
Subaward Period of Performance Start and End Date (Cat A -B):
Subaward Period of Performance Start and End Date (Cat C -G):
Amount of Federal Funds Obligated by this Agreement:
Total Amount of Federal Funds Obligated to the Subrecipient
by the pass-through entity to include this Agreement:
Total Amount of the Federal Award committed to the Subrecipient
by the pass-through entity:
Federal award project description (see Federal Funding
Accountability and Transparency Act (FFATA):
Name of Federal awarding agency:
Name of pass-through entity:
Contact information for the pass-through entity:
Assistance Listing Number (Formerly CFDA Number):
09/01/2023
08/27/2023 - 2/29/2024
08/27/2023 - 2/28/2025
N/A
Grant for communities to respond to and
recover from major disasters or
emergencies and for limited mitigation
measures.
Department of Homeland Security (DHS)
Federal Emergency Management Agency
(FEMA)
Florida Division of Emergency
Management (FDEM)
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
97.036
Disaster Grants - Public Assistance (Presidentially
Assistance Listing Program Title (Formerly CFDA program Title): Declared Disasters)
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
(hereinafter referred to as the "Subrecipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide
the services identified herein;
B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for
ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate
consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State
and Federal agencies with audit, regulatory, or enforcement authority;
Clearwater, City Of
1
C. This Agreement establishes the relationship between the Division and the Subrecipient to allow the
Division to pay grant funds to the Subrecipient.
THEREFORE, the Division and the Subrecipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 CFR § 200.302 provides: "Each state must expend and account for the Federal award in accordance with
state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971,
Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards."
b. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable State
and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or
regulation in no way implies that no other statute, rule, or regulation applies. The applicable statutes, rules, or
regulations are the statutes, rules, or regulations in effect at the time of the declaration of the incident through which
federal funds are awarded, or as otherwise indicated as retroactively applied.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be
responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's
liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Division shall:
Monitor and document Subrecipient performance; and
ii. Review and document all deliverables for which the Subrecipient requests payment.
b. The Division's Grant Manager for this Agreement is:
Name Mr. Stephane Malet
Title Grant Program Manager
Bureau of Recovery
Address: Florida Division of Emergency
Management 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Telephone: (850) 815-4469
Email: Stephane.Maletaem.myflorida.com
c. The name and address of the Representative of the Subrecipient responsible for the administration of
this Agreement is:
Name: Jevon A. Graham
Address: 1140 Court St.
Clearwater, FL 33756
2
Telephone: 727-562-4334 ext. 3205
Email: Jevon.Graham(aamyclearwater.com
d. In the event that different representatives or addresses are designated by either party after execution of
this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in
writing via letter or electronic email.
e. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Division's
grants management system in accordance with Attachment B to this Agreement ("Systems Access Form").
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, of which may be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(7) SCOPE OF WORK
The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to
substantiate work completed.
(8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE
The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed.
Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disaster
applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by the Federal
Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and
remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced
required records retention periods. Work may only be performed during the timeframes established and approved by
FEMA for each Category of Work type.
(9) FUNDING
a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal
Awarding Agency for all projects approved for this Subrecipient for DR - 4734 - Hurricane Idalia Payments
to Subrecipients are contingent upon the granting of budget authority to the Division.
b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General
Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies
under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for
matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required
match for grants to Local governments. Affected Local governments shall be required to provide one-half of the
required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not
3
apply to Subrecipients that are considered Private Non -Profit entities, therefore the entire non-federal share
shall be the responsibility of the Private Non -Profit Subrecipient.
c. The Executive Office of the Governor may approve a waiver to local governments for the Non -Federal
match requirement. The local government must apply for the waiver in accordance with Section 252.37(5)(b), Florida
Statutes. Local governments must apply for the match waiver independently from their respective County.
(10) PAYMENT
a. The payment method used by the Division is either a Cost Reimbursement or an Advance Payment.
Advance payments will be governed by Chapter 216, Florida Statutes.
b. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile
and verify all funds received against all funds expended during the grant agreement period and produce a final
reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the
Subrecipient.
(11) REPAYMENTS
a. Refunds or repayments of obligated funds may be paid to the Division through check or through a
payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Division to
off -set against other obligated projects where deemed appropriate. In accordance with Chapter 255, Florida Statutes,
the Subrecipient has 30 days to repay the funds from the issuance of the invoice from the Division. The Division may
impose a 1% per month interest fee for unpaid invoices.
b. 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 must include the invoice number and the applicable Disaster and
Project number(s) that are the subject of the invoice, and be mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(12) RECORDS
a. As required by 2 CFR § 200.334, and modified by Florida Department of State's record retention
requirements (Fla. Admin. Code R. 1 B-24.003), the Subrecipient shall retain sufficient records to show its compliance
with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this
Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may
be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR § 200.303(e),
the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other
information the Federal Awarding Agency or the Division designates as sensitive or the Subrecipient considers
sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over
confidentiality.
b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient
4
to determine compliance with the requirements and objectives of the award and all other applicable laws and
regulations.
(13) AUDITS
a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F.
b. As required by 2 CFR § 200.337(a), "The Federal awarding agency, Inspectors General, the Comptroller
General of the United States, and the [Division], or any of their authorized representatives, shall enjoy the right of
access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in
order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access
to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right
of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR §
200.337(c)).
c. As required by 2 CFR § 200.332(a)(5), the Division, the Chief Inspector General of the State of Florida,
the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any
documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement,
in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and
reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such
documents.
(14) REPORTS
a. Consistent with 2 CFR § 200.329, the Subrecipient shall provide the Division with quarterly reports and
any applicable financial reporting, including reports required by the Federal Funding Accountability and Transparency
Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable, all
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Division.
Quarter 1 (Q1)
October 1 — December 31
January 15
Quarter 2 (Q2)
January 1 — March 31
April 15
Quarter 3 (Q3)
April 1 — June 30
July 15
Quarter 4 (04)
July 1 — September 30
October 15
b. The Subrecipient agrees to submit quarterly reports to the Division no later than fifteen (15) days after
the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the
closeout of each project in the Division's Grant Management System. The ending dates for each quarter of the
program year are March 31, June 30, September 30, and December 31.
c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the
applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs.
5
d. The Subrecipient shall provide additional program reports, updates, or information that may be required
by the Division or the Federal awarding agency.
(15) MONITORING
a. The Division shall monitor the performance of the Subrecipient under this Agreement to ensure that the
Scope of Work is being accomplished within the specified time periods, and that other performance goals are being
met.
b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Division. In the event that the Division determines that an audit of the Subrecipient is appropriate,
the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient
regarding such audit.
c. Small Projects, as defined in 44 CFR § 206.203, that are obligated above the Federal Simplified
Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Division as authorized by 2
CFR § 200.332(a)(2).
(16) LIABILITY
a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida
Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement.
As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims
of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this
Agreement, Subrecipient agrees that it is not an employee or agent of the Division but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political
subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious
acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages
proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein
is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies.
Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by
third parties in any matter arising out of any contract.
(17) TERMINATION
This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in
accordance with the Public Assistance Program requirements. The Division and Subrecipient agree that all records
will be maintained until the conclusion of any record retention period.
(18) PROCUREMENT
a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement
complies with all applicable Federal and State laws and regulations, including 2 CFR §§ 200.318 through 200.327 as
well as Appendix II to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal
Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained
through the FEMA Procurement Disaster Assistance Team. Resources found here:
https://www.fema.qov/arants/procurement.
b. The Subrecipient must include all applicable federal contract terms for all contracts for which federal
6
funds are received.
If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under
this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification
clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or
their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties
for claims asserted under such contract.
c. The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in
performing its work on its behalf under this Agreement in addition to its own progress.
d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes,
as applicable.
(19) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict
or inconsistency.
c. This Agreement has the following attachments:
i. Attachment A — Certification Regarding Debarment
ii. Attachment B — Systems Access Form
iii. Attachment C — Certification Regarding Lobbying
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUBRECIPIENT: Clearwater, City Of
By:
Name:
Title:
Date:
(Signature) Jennifer Poirrier
City Manager
05/17/2024
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Governor's Authorized Representative
8
Agreement Number: Z3999