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R2020-46 Grant Agreement for Reciept of FEMA Grant FundsRESOLUTION 2020-46 �- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT WITH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR THE RECEIPT OF FEMA GRANT FUNDS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village has applied for Federal Emergency Management Agency (FEMA) grant funds for costs incurred in response to the COVID-19 pandemic; and WHEREAS, in order to receive such funds, the Village is required to execute a Federally -Funded Subaward and Grant Agreement ("Agreement") with the State of Florida Division of Emergency Management, as the pass-through entity for the receipt of grant funds; and WHEREAS, any award of grant funds associated with COVID-19 will be processed through an amendment to the Agreement; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Federally -Funded Subaward and Grant Agreement with the State of Florida Division of Emergency Management, a copy of which is attached hereto and incorporated herein, and delegates to the Village Manager the authority to execute the Agreement on behalf of the Village, as well as any future amendments to the Agreement relating to reimbursements for costs incurred as a result of the COVID-19 pandemic. Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 23RDDAY OF JULY, 2020. "i ze (Village Seal) MAYOR ATTEST: VILLAGE CLERK Revised January 01, 2002 Form Number: FSAA_CL2 FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS - RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor’s website (http://www.myflorida.com/myflorida/government/governorinitiatives/fsaa/index.html). If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it now. (Applies only to State agencies) This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non- state organizations1 after a state program has been determined (using the Florida Single Audit Act State Project Determination Checklist) to provide state financial assistance (i.e. is a State Project as defined in 215.97 (2)(r), F.S.). This checklist assists in determining if the non-state organization is a vendor, recipient/subrecipient, or an exempt organization. 1 A non-state organization is defined as a nonprofit organization, for-profit organization (including sole proprietors), or Florida local government (excluding district school boards, charter schools and community colleges), which receives State resources. Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the FSAA to non-state organizations to which they provide State resources to assist in carrying out a State Project. PART A YES NO X 1. Is the non-state organization a district school board, charter school, community college, government/public university outside of Florida or a Federal agency? X 2. Is the relationship with the non-state organization only to procure commodities (as defined in 287.012(5) F.S.)? X 3. Does the relationship with the non-state organization consist of only Federal resources, State matching resources for Federal Programs or local matching resources for Federal Programs? X 4. Does the relationship with the non-state organization consist of only State maintenance of effort (MOE)2 resources that meet all of the following criteria? X A.Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? X B.Do contracts contain sufficient language to identify the State MOE resources and the associated Federal Program? X C.Do A-133 audit requirements apply to the State MOE resources and do contracts stipulate that the State MOE resources should be tested in an A-133 audit in accordance with Federal Program requirements? 2 MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A-133 Compliance Requirement G (Matching, Level of Effort, Earmarking). If any of 1-4 above is yes, the recipient/vendor relationship determination does not need to be completed because the FSAA is not applicable to the non-state organization. Name of Non-state Organization: Type of Non-state Organization (i.e. nonprofit, for-profit, local government; if the non-state organization is a local government, please indicate the type of local government – municipality, county commission, constitutional officer, water management district, etc.) Awarding Agency: Division of Emergency Management Title of State Project: Federal Public Assistance DR-4486 Catalog of State Financial Assistance (CSFA) Number: Contract/Grant/Agreement Number: DR4486 Village of North Palm Beach City or Township Government / Z1869 Revised January 01, 2002 Form Number: FSAA_CL2 PART B Recipient/Vendor Relationship Determination: The following should be analyzed for each relationship with a non-state organization where it has been determined that the state program provides state financial assistance (i.e. is a State Project) and the non-state organization is not exempt based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or application. YES NO 1. Does State law or legislative proviso create the non-state organization to carry out this State Project? 2. Is the non-state organization required to provide matching resources not related to a Federal Program? 3. Is the non-state organization required to meet or comply with specified State Project requirements in order to receive State resources? (State Project requirements include laws, rules, or guidelines specific to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of specified assets, etc. Specified State Project requirements do not include procurement standards, general guidelines, or general laws/rules.) 4. Is the non-state organization required to make State Project decisions, which the State agency would otherwise make? (e.g. determine eligibility, provide case management, etc.) 5. Is the non-state organization's performance measured against whether State Project objectives are met? (e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc. Performance measures may or may not be related to State performance-based budgeting.) If any of the above is yes, there is a recipient/subrecipient relationship and the non-state organization is subject to the FSAA. Otherwise the non-state organization is a vendor and is not subject to the FSAA. PART C Note it is the program personnel’s responsibility to notify Finance and Accounting of which non-state organizations have been determined to be recipients and are receiving state financial assistance (i.e. disbursements must be coded as 7500 object code in FLAIR). Note it is possible to have a contractual agreement with a non-state organization under Chapter 287, Florida Statutes, and still consider the non-state organization a recipient under the Florida Single Audit Act. If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in the document that established the State's, recipient’s, or subrecipient’s relationship with the non-state organization. Questions regarding the evaluation of a non-state organization or if it has been determined that the non-state organization is a recipient and a CSFA number has not been assigned, contact your FSAA State agency liaison or the Executive Office of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850) 487-3832 or Suncom 277-3832. Reference may be made to Rule 27D-1, FAC. Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion regarding the non-state organization: (Check one) Recipient/Subrecipient: X Vendor: Exempt Organization: Comments: Print Name: Kim Schoffel Telephone Number: (850) 815-4448 Title: Grants Program Supervisor Signature: For Kim Schoffel Date: