Fort Walton Beach Council agenda — 01-08-13--regular — reading text

work as a N At 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 thirty -six 36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. na' o I. If applicable, the Subgrantee agrees to comply with the Americans With Disabilities Act ( Public Law 101 - 336, 42 U. S. C. Section 12101 et seq.), which prohibits discrimination by public and n private entities on the basis of disability in the areas of employment, public accommodations, u transportation, State and local government services, and in telecommunications. J. With respect to any subgrantee other than a State agency or political subdivision of the State, N which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee 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 f ive -year period preceding this Agreement had on a or more public transactions ( federal, State or local) terminated for cause or default; and 1 have not within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for ( a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a publ is ( federal, State or local) transaction or 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. Where the Subgrantee is unable to certify to any of the statements in this certification, the Subgrantee shall submit to the Grantee ( by email or facsimile) the completed " Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion' for each prospective subcontractor which Subgrantee intends to fund under this Agreement. See Attachment " C ". Such form must be received by the Grantee prior to the Subgrantee entering into a contract with any prospective subcontractor. 1 PA Funding Agreement for FEMA -4084 -DR Packet Pg. 32  8.2.a K. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Grantee 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 Grantee and with thirty ( 30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Grantee from all its obligations to the Subgrantee. L. 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. M. The Subgrantee 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 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, and t he extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, ' Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers ( including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub grantees shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10, 000 and not more than $ 100, 000 for each such failure. N. All unmanufaclured and manufactured articles, materials and supplies which are acquired for public use under this Agreement have been produced in the United States as required 41 U. S. C. 10a, unless it would not be in the public interest or unreasonable in cost. 23) TERM. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by FEMA, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence projects) specified by this Agreement without delay. 12 PA Funding Agreement for FEMA- 4084 -DR Packet Pg.. 39  F82. 24) EVENTS OF DEFAULT REMEDIES AND TERMINATION, A. Upon the occurrence of any one or more of the following events of default, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence , Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty ( 30) days after notice in writing from Grantee; 3. any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or 4. the monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the State Legislature, Florida Department of Financial Services, Congress or Office of Management and Budget. B. Upon the occurrence of any one or more of the foregoing events of default, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. terminate this Agreement upon not less than fifteen ( 15) days notice of such termination by certified letter to the Subgrantee at the address specified in Attachment " D" of this Agreement, such notice to take effect when delivered to Subgrantee; 2. commence a legal action for the judicial enforcement of this Agreement; 3. withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement with Subgrantee; and 4. take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or nonperformance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. E. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in the Circuit Court for Leon County, State of Florida. F. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of