HomeMy WebLinkAboutexhibit agreementContract Number: 05DS-2M-11-23.02-.
CFDA Number: 97.008
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Miami, (hereinafter referred to as the *Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the federal govemment, and
has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set
forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin July 1, 2004 and shall end September 30, 2005, unless
terminated earlier in accordance with the provisions of paragraph (9) of this Agreement.
1
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
Changes to the amount of funding to be provided may be accomplished by notice from
the Department to the Recipient, in the form of certified mall, return receipt requested. The Department
may make an award of additional funds by subsequent Award Letter certified mail, return receipt
requested, to the Recipient's contact Identified In Paragraph (10), below. Should the Recipient determine
it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the
Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall
provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the
Award Letter. The terms of this Agreement shall be considered to have been modified to include the
additional funds upon the Department's receipt of the written notice of acceptance and receipt of a budget
form which details the proposed expenditure of the additional funds. The budget form will be provided by
the Department when the offer of additional funds is made.
Notwithstanding the foregoing, any budget changes which do not increase the overall
cost of the protect or change the Scope of Work do not require a written modification to this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
2
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the Department or its
designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended In writing by the Department, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until ail litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing of title.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work
- Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
3
ti
to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall Include, but not be limited to, auditors retained by the
Department.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with semi-annual reports,
and with a close-out report.
(b) Semi-annual reports are due to be received by the Department no later than 30 days
after the end of each reporting period of the program year and shall continue to be submitted each period
until submission of the administrative close-out report. The ending dates for each period of the program
year are June 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) It all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Budget and Scope
of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work is being accomplished within specified
time periods, and other performance goals are being achieved. Such review shall be made for each
function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor
4
the performance and financial management by the Recipient throughout the contract term to ensure
timely completion of all tasks.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised
(see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on -site
visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or
other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with
any monitoring procedures/processes deemed appropriate by the Department. In the event that the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Department to the Recipient regarding such audit.
The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or
audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor
the performance and financial management by the Contractor throughout the contract term to ensure
timely completion of all tasks.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, FBI ,
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall save the Department harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28, Fla. Stat., for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient 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.
5
(91 DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
may make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any further
payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or Insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Budget and Scope of Work attached hereto as Attachment A.
5. If the Recipient fails to comply with the requirements of statutory objectives of
Federal laws or regulations.
(b) Upon the happening of an Event of Default, then the Department
may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the
Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently
6
or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department
from pursuing any other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to
the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken it the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under
law;
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(d) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(e) The Department may terminate this Agreement at any time if the Recipient refuses to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty
7
(30) calendar days prior written notice of its intent to terminate pursuant to this provision and shall provide
the Recipient an opportunity to consult with the Department regarding the reason(s) for termination.
(f) The Department may terminate this Agreement for its convenience by providing the
Recipient with thirty (30) calendar days prior written notice.
(g) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(f) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Dianne Smith, Financial Specialist
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 413-9966
Fax: (850) 488-7842
Email: dianne.smith®dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Joseph Fernandez
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Telephone: 305-416-1621
Fax: 305-400-5031
Email: jrfernandez@ci.miami.fl.us
(d) In the event that different representatives or addresses are designated by either party
8
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS.
(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 Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the 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 lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
•(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
or discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient 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 a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting, to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. 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
11(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
10
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular. A-133, as revised, and in the event that the Recipient expends $300,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted In
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to thls Agreement
Indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider ail sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be In accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General In accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted. in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends Tess than $300,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
11
the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
Jeffersonville, IN 47132
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
12
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(1) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report Is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the Department, or
its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Department.
(j) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of ail funds not spent In accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the five-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(I) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
13
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (I) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CQNDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Copyrights, Patents and Trademark
Attachment D — Assurances
Attachment E — Advance Justification
Attachment F — Warranties and Representations
(16) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $19,033,677
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida
Statutes. The amount which may be advanced may not exceed the expected cash needs of the
Recipient within the first three (3) months of the contract term. For a federally funded contract, any
14
advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. 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.
1. _ X� No advance payment is requested.
2.
An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a relmbursement basis as
needed. The Recipient agrees to expend funds In accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement Is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yearly basis for a period that may not exceed two (2) years or for a period no longer than the term of the
original agreement, whichever period is longer, specifying the terms under which the cost may change as
determined in the pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient In
conjunction with this Agreement.
15
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest Income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) 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
(AINA 0)]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or Indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to Influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
16
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," In accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification Is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than
$100,000 for each such failure.
(19) COPYRIGHT, PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment C for terms and conditions relating to
copyrights, patents and trademarks.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the'legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment D.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla, Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable Invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
17
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat, The interest penalty shall be paid within 15 days after Issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may receive
assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's
Hotline at 1-800-848-3792.
(23) DEBARMENT. SUSPEN,S)QN, AND OTHER RESPONSIBILITY MATTERS (DIRECT
RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at
28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part
67, Section 67.510
(a) The applicant certifies that it and its principals:
(1). Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a dental of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a 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;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification;
(4) Have not within a three-year period preceding this application had one or
more public transactions (Federal, State, or local) terminated for cause or default; and
(b) Where the applicant is unable to certify to any of the statements in this certification, he
or she shall attach an explanation to this application.
18
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient: THE CITY OF MIAMI
BY:
Name and title: _Joe Arriola, City Manager
Date:
SAMAS # FID#
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title:
Date:
19