Res. No. 217-24RESOLUTION NO.217-24
A RESOLUTION OF THE CITY OF DELRAY BEACH,FLORIDA
APPROVING A GRANT OF $140,205.00 FROM THE US CONSUMER
PRODUCT SAFETY COMMISSION FOR ITS POOL SAFELY GRANT
PROGRAM PURSUANT TO THE NOTICE OF AW ARD AND ITS TERMS
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ACCEPT THE AWARD ON BEHALF OF THE CITY OF DELRAY BEACH
AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE
THE INTENT OF THIS RESOLUTION:PROVIDING AN EFFECTIVE
DATE:AND FOR OTHER PURPOSES.
WHEREAS,the City of Delray Beach has received a notice of award from the U.S.Consumer
Product Safety Commission to reimburse education and enforcement funding for pool safety through
the Virginia Graeme Baker Pool and Spa Safely Grant;and
WHEREAS,as part of the eligibility requirements,the U.S.Consumer Product Safety
Commission requires the City of Delray Beach to accept the grant pursuant to the notice of award
and its terms;and
WHEREAS,the City Commission deems approval of this Resolution to be in the best interest
of the health,safety,and welfare of the residents and citizens of the City of Delray Beach and the
public at large.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section l.The foregoing recitals are hereby affirmed and ratified.
Section 2.The following U.S.Consumer Product Safety Commission grant of
$140,205.00 is approved.
Section 3.The City Commission authorizes the City Manager or his designee is
authorized to accept the grant pursuant to the Notice of Award attached hereto as Exhibit "A"and to
take any and all actions necessary to effectuate this Agreement.
Section 4.This Resolution shall become effective i ediately upon adoption.
PASSED AND ADOPTED in regular session on the /day of zu:"
1.DATE ISSUED MMIOOIYYYY
1
1a.SUPERSEDES AWARD NOTICE dated
09/26/2024 except that any additions or restrictions previously imposed U.S.Consumer Product Safety Commissionremainineffectunlessspecificallyrescinded
2.CFDA NO.Consumer Product Safety Commission
87002 -Virginia Graeme Baker Pool and Spa Safety Office of Financial Management,Planning and Evaluation
3.ASSISTANCE TYPE Project Grant 4330 East West Highway
4.GRANT NO.1 VGBCP240042-01-00 s.TYPE OF AWARD Bethesda,MD 20814-4408
Formerty Other
4a.FAIN VGBCP240042 Sa.ACTION TYPE New
6.PROJECT PERIOD MM/DDY YY Y MMD D/YYYY NOTICE OF AWARD
From 09/30/2024 Through 09/29/2026 AUTHORIZATION (Legislation/Regulations)
7.BUDGET PERIOD MM/DD/Y YY Y MM/00/YYYY Virginia Graeme Baker Pool and Safety Act,Title XIV,Public Law 110-
From 09/30/2024 Through 09/29/2026 140,15 U.S.C 8004-8005.
8.TITLE OF PROJECT (OR PROGRAM)
Pool Safely Grant Program (PSGP)
9a.GRA NTEE NAME AND ADDRESS
CITY OF DELRAY BEACH
100 NW 1st Ave
Aquatics
Delray Beach,FL 33444-2612
9b.GRA NTEE PROJECT DIRECTOR
Ms Lynda Wieland
100 NW 1st Avenue
Aquatics
Delray Beach,FL 33444-2715
Phone·561-243-7252
Samuel Metott
10b.FEDERAL PROJECT OFFICER
Jonathan Midgett
4330 East West Hwy
Bethesda,MD 20814-4408
Phone 240-429-3946
ALL AMOUNTS ARE SHOWN IN USD
10a.GRA NTEE AUTHORIZING OFFICIAL
100 NW 1ST AVE
DELRAY BEACH,FL 33444-2612
Phone 5612437252
11.APPROVED BUDGET (Excludes Direct Assistance)12.AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only a Amount of Federal Finanaal Assistance (from item 11m)140,205.00
II Total project costs including grant funds and all other financial participation II b.Less Unobligated Balance From Prior Budget Periods 0 00
a.Salaries and Wages c Less Cumulative Prior Award(s)This Budget Period 0.0060,000.00 d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION I 140,205.00b.Fringe Benefits ..................................21,000.00 I13.Total Federal Funds Awarded to Date for Project Period 140,205 00
c.Total Personnel Costs ..............81.00O00 14.RECOMMENDED FUTURE SUPPORT
d.Equipment O 00 (Subject to the availabihty ot funds and satisfactory prog ress of the project)
·•.......a
e.Supplies 10,530.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS.............'..··•··a 2 d 5
f.Travel ·•·,.···•.,····••1,34O 00 b.3 e.6
g.Construction .............i 0.00 c 4 f 7
h.Other .............··•·····28,300 00 15,PROG RAM INCOME SHALL BE USED IN ACCORD WTH ONE OF THE FOLLOWNG
ALTERNATIVES:
~
i.Contractual ······"··...........O 00 a DEDUCTION
b ADDITIONAL COSTS
c MATCHINGj.TOTAL DIRECT COSTS .121,170.00 d OTHER RESEARCH (Add/Deduct Opton)
e OTHER (See REMARKS)
k.INDIRECT COSTS 19.035.00
16 THS AWARDIS BASED ON AN APPUCATON SUBMITTE D TO,AND AS APPROVED BY,THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT ANDIS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATE D EITHER DIRECTLY
I.TOTAL APPROVED BUDGET 140.205 00 OR BY REFERENCE IN THE FOLLOWNG .
a The gant program legs4at on
t The grant program regulatons.
c This award note including terms and condtons t any noted below under REMARKS
m.Federal Share 140,205 00 d Federal admnrst atve requreren ts cost pncopes and audt re qunerents applicable to thus gant
In the event there are conhicting or otherws e inconsistent poliaes apphcable to the grant the above order ot precedence shall
n.Non-Federal Share O 00 prevail Acceptance of the grant terms and condtons is acknowedged by the grantee wen funds are drawn or otherwise
obtained tom the arant payment svstem
REMARKS (Other Terms and Conditions Attached-
GRA NTS MANAGEMENT OFFICIAL:
Janet Davis.Grants Management Officer
550 West 7th Ave
Suite 1230
Anchorage AK 99501
Phone:9072713036
·)res -
17.OBJ CLASS 410001 18a.VENDOR CODE 4602262 18b.EIN 596000308 19a.UEI XDO9TLEDU4S6 19b.DUNS 20.CONG.DIST.22
FY-ACCOUNT NO.DOCUMENT NO.ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION
21.a.FY24 VGB Grants b.VGBCP0042A c.VGBCP d.$140.205.00 e 061X01000
22.ª·b.c.d.e.
23.a b.c.d.e.
CITY OF DELRAY BEACH
1.Terms and Conditions Delray
2.Terms and Conditions ALL
AWARD ATTACHMENTS
1 VGBCP240042-01-00
CPSC Notice of Award Terms and Conditions Pool Safely Grant Program
U.S Consumer Product Safety Commission
Award Terms and Conditions-Recipient Specific
RESTRICTION
The following costs are not allowable under the Pool Safely Grant Program:
•Water fitness instructor (Education)
•Personnel costs,lifeguards (Enforcement)
The following costs may not be allowable under the Pool Safely Grant Program without
additional information:
•Throw bags (Education)
•Pool alarms (Enforcement)
Within 90 days of the grant award issue date,revised costs or additional information
must be submitted for prior approval and approved by the Consumer Product Safety
Commission.Please,identify the type of funding (enforcement or education)requested
and clarify how the funding aligns with its intended purpose under the Virginia Graeme
Baker Ac (VGBA).
Please note that per the VGBA,a maximum of 75%of funds may be used for education
activities and a minimum of 25%of funds must be used for enforcement.
•Enforcement funds may be used to hire and train personnel for implementation
and enforcement of standards under the local swimming pool and spa safety
laws.
•Education funds may be used to educate pool owners,pool operators,and other
members of the public about the standards under the local swimming pool and
spa safety law and about the prevention of drowning or entrapment of children
using swimming pools and spas.
1.PROJECT DESCRIPTION
CPSC authorizes Pool Safely Grant Program funds to the City of Delray Beach.The
project will:
The City of Delray Beach Aquatics Program has visited local schools and
given classroom presentations on the importance of water safety and adult
supervision.Flyers and information regarding programs and swim lessons
were also distributed to share with family members.Another event the city
hosted was a community water safety day where staff demonstrated and
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CPSC Notice of Award Terms and Conditions Pool Safely Grant Program
explained safety equipment (life jackets/flotation devices),boater safety,
and the importance of adult supervision around the water.The City has
also partnered with The Drowning Prevention Coalition which provides
qualifying children ages 2-12 with a voucher,offering free/reduced fees for
swim lessons.
The City of Delray Beach proposes a 3-part plan of certification,training
and education,and adding enforcement personnel:
-Hire PT Enforcement Personnel
-Certify all staff as Water Safety Instructors
-Add additional Certified Pool Operator (CPO)
-Increase Community Outreach and Education of the VGB Act
-Increase Community Outreach with Schools and Voucher Program
The state of Florida is surrounded by bodies of water and data from the
CDC states,Florida is ranked 4th in the U.S.for unintentional drowning
deaths among all ages in 2021.
The period of performance is 2 years and commences on the award issuance date.
3.AWARD REPORTING REQUIREMENTS
3.1 Progress Reports Schedule
Your organization must submit Performance Progress Reports (PPR)to CPSC,for
review and approval by the Project Officer.Due dates for federal progress reports
follow the federal fiscal year:
Quarter 1,October 1-December 31
Quarter 2,January 1-March 31
Quarter 3,April 1-June 30
Quarter 4,July 1-September 30
Progress reports are due within 30 calendar days following the close of the quarter.
The first progress report is due within 30 calendar days of December 31,2024.
Subsequent Performance Progress reports are due within 30 calendar days of the
following dates:
June 30,2025
December 31,2025
June 30,2026
The final Performance Progress Report is due within 120 days of the end of the period
of performance.
5.ADMINISTRATIVE REQUIREMENTS
5.1.3 Advance or Reimbursement Allowance
The recipient may submit payment requests as an advance or reimbursement.
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U.S Consumer Product Safety Commission
Award -General Terms and Conditions
The Notice of Award (NoA)issued is based on the application submitted to,and as
approved by,the U.S.Consumer Product Safety Commission (CPSC)and is subject to
the terms and conditions incorporated either directly,or by reference,in the following:
a.The authorizing program statute -Virginia Graeme Baker Pool and Spa Safety Act,
Public Law No.110-140,Title XIV,as amended,15 U.S.C.§§8004-8005;
b.Funding Opportunity Announcement (FOA)CPSC-24-001;
c.Conditions on activities and expenditure of funds in other statutory requirements,
such as those included in appropriations acts;
d.Uniform administrative requirements,cost principles,and audit requirements,as
applicable to state and local governments in 2 CFR and 0MB Grant Circulars;
e.Federal award performance goals:as required in the final Pool Safely Grant
Program Report;and
f.The NoA,including all terms and conditions cited or incorporated in the NoA or
attachments.
g.A minimum of 25%of funds must be used for enforcement of local Virginia Graeme
Baker Act laws and a maximum of 75%of funds may be used for education.
Additional Resources and forms are available at:https://www.poolsafely.gov/qrant-
proqram/.
1.PROJECT DESCRIPTION
[See Recipient Specific Terms and Conditions]
2.AWARD CONDITIONS
2.1 Acceptance of award -Due 5 business days after notification of award
The grantee's Authorized Official must notify by email the CPSC Program Officer (PO)
listed on the NoA of acceptance within 5 business days after the notification of award.
Once the NoA is accepted,unless specifically restricted by a condition of award listed in
this document,the NoA,or related documents,the NoA from CPSC authorizes a
grantee to initiate work on an approved grant project.The award date of the NoA will be
the date the CPSC notifies the applicant and will be reflected in the NoA.
Waivers and deviations from the terms and conditions contained in this document,the
NoA,and related documents must be requested and approved in writing by the Grants
Management Officer (GMO).CPSC's determination of applicable conditions of award,
or a GMO's denial of a request to change the terms and conditions,is discretionary and
not subject to appeal.
If a recipient cannot accept an award for any reason,including the inability to perform in
accordance with the provisions set forth in the NoA and in the NoA,the recipient shall
notify the PO and GMO immediately in writing upon receipt of the NoA.If resolution
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cannot be reached within 2 months after the award date,the GMO will void the grant in
writing.Once an award is accepted by a recipient,as prescribed in this document,the
contents of the NoA are binding on the recipient and CPSC,unless and until modified
by a revised NoA signed by the GMO.
The terms and conditions in this document,the NoA,and related documents apply to
the recipient of CPSC funds,unless a specific written waiver is granted by the GMO.
The recipient is accountable for the performance of the project,program,or activity;the
appropriate expenditure of funds under the award by all parties;and all other obligations
of the recipient,as provided in the NoA,this document,and related documents.In
general,the requirements that apply to the recipient,including public policy
requirements,also flow to other entities performing work under the grant award,unless
an exception is specified,in regulation,or authorized in writing by the GMO.
2.2 Grant Solutions
All progress reports,financial reporting,and payment requests (SF-270)must be
submitted in Grant Solutions.After acceptance of the award,personnel listed in the SF-
424 who do not already have a Grant Solutions account will receive an email requesting
that an account be established.
2.3 Period of Performance
The period of performance is 2 years and begins on the award issuance date on the
Notice of Award face page and in Grant Solutions.
3.AWARD REPORTING REQUIREMENTS
3.1 Progress Reports
[See Recipient Specific Terms and Conditions]
3.2 Pool Safely Grant Program Final Report
The final report is due within 120 calendar days after the end of the award project
period.
3.2 Federal Financial Report,FFR(SF-425)
An annual FFR is due within 90 days of the 1-year anniversary of the award date.
A Final FFR is due within 120 calendar days after the end of the award project period.
The FFR is a financial report which documents financial progress by providing
information on expenditures and unobligated balances.
3.3 Tangible Personal Property (SF -428)
A final SF-428 is due within 120 calendar days after the end of the award project period.
The SF-428 (cover page and final report,SF-428B and,if necessary,SF-428C)
indicates whether the recipient has equipment or supplies which exceed $5,000.If so,
the SF-428C is used to request disposition.
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4.AWARD SPECIFIC TERMS
4.1 Budget
Budget (federal share,non-federal share and total project costs)is as indicated on the
Notice of Award face page.
4.2 Use of program income -additive
If program income is earned during the project period from this award,grantees may
add the program income to the funds committed to the award and only use it to advance
eligible project objectives.
4.3 Pre-award costs
Pre-award costs for this award are not authorized.
4.4 CPSC Guidelines
Information,training,and campaigns must conform with recommended CPSC safety
guidelines,which can be found at:http://www.cpsc.gov/and at
http://www.poolsafely.qov/.
5.ADMINISTRATIVE REQUIREMENTS
5.1 Payment Requirements
To request an advance or reimbursement of allowable grant costs,award recipients
must submit for SF-270,Request for Advance or Reimbursement.
Grantees must request payments using the form SF-270,Request for Advance or
Reimbursement,which is available at:https://qrants.gov/forms/forms-repository/post-
award-reporting-forms.The form must be filled out correctly and uploaded to
GrantsSolutions.gov.
•If the SF-270 form is incomplete or inaccurate,payment will be delayed or
rejected.
•The SF-270 must be signed by the grantee Authorizing Official or authorized
designee.
•Grantees may submit a payment request as grant funds are needed.Payment
requests are normally processed within 15 business days after submission of the
SF-270 request.
•Any costs incurred outside of the grant award's period of performance cannot be
paid with grant funds.
5.1.1 Advance Payments
In accordance with 2 CFR §200.305,the grantee must maintain procedures to minimize
the time elapsed between receiving an advance payment and disbursing the funds.
Advance payments to a grantee must be limited to the minimum amounts needed and
must be timed with the actual,immediate cash requirements of the grantee in carrying
out the purpose of the approved program or project.The timing and amount of advance
payments must be as close as is administratively feasible to the actual disbursements
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by the grantee for direct program or project costs and the proportionate share of any
allowable indirect costs.
Unless otherwise stated in the special terms and conditions of the NoA (or subsequent
action),grantees are authorized to be paid in advance through electronic funds transfer,
provided that the following conditions exist:
a.Funds for the project period have been obligated in the form of a signed grant
award notification.
b.The grantee must minimize the time elapsing between the transfer of funds
from the U.S.Treasury and the grantee's disbursement and must maintain or
demonstrate the willingness to maintain written procedures to so minimize the
time elapsing between the transfer of funds to the grantee from the U.S.
Treasury and the disbursement of such funds.
c.The grantee financial management system meets the standards for fund
control and accountability prescribed in 0MB Circular A-102;and
d.The grantee SAM.gov registration is current and active.
Requests for advance payment must be limited to immediate cash needs for the
approved award.Advance payments must be fully disbursed (e.g.,checks written,
signed,and issued to the payees)within 30 days after the date that the grantee
receives advance funds from the U.S.Treasury.Advance payment requests must be
submitted no earlier than 15 business days before the beginning of the period for which
the funds are requested.
All advances will be at the discretion of the CPSC and negotiated and approved by the
CPSC.Additional justification may be required.
Unless a grantee receives less than $120,000 per year in advance grant funds,a
grantee must maintain advances of federal funds in interest-bearing insured bank
accounts or the most reasonably available interest-bearing account that would not earn
more than $100 (if the grantee is a state,local,or Indian Tribal Government),or $250 (if
the grantee is an institution of higher education,hospitals,or other non-profit
organization)per year on the federal cash balance,or would entail bank services
charges in excess of the interest earned.(Note:grantees are encouraged to use
women-owned and minority-owned banks or banks that are owned at least 50 percent
by women or minority group members).
Interest greater than $600 annually that is earned on advance payments must be
remitted annually to CPSC.
5.1.2 Reimbursable Payments
Grantees may elect to request reimbursement payments,rather than advance
payments,even if they meet the criteria for advance payments.Grantees who are
unwilling or unable to maintain procedures to minimize the time elapsed between
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receiving an advance payment and disbursing the funds can only request
reimbursement payments.
Any remaining advanced funds at the end of the award's period of performance must be
returned to the government and cannot be spent on additional purchases.
5.1.3 Advance or Reimbursement Allowance
[See Recipient Specific Terms and Conditions]
5.2Federal_State_and municipal requirements
Grantees must obtain any required permits and comply with applicable federal,state,
and municipal laws,codes,and regulations for work performed under this award.
5.3 Prior approval
CPSC anticipates that the grantee may need to modify the recipient's award budget or
other aspects of its approved application during performance,to accomplish the award's
programmatic objectives.In general,grantees are allowed a certain degree of latitude to
re-budget within and between budget categories to meet unanticipated needs and to
make other types of post-award changes,provided that the changes still meet the
statutory program requirements and the regulatory requirements under 2 CFR part 200,
as applicable.Situations that require CPSC written prior approval are outlined in 2 CFR
§200.407 -Prior written approval (prior approval).
When CPSC prior approval is required,the requirement applies whether the
costs/activities are proposed in the application or in a separate request following award.
If an application includes general language about a cost or activity that requires CPSC
prior approval,approval of the application does not satisfy the prior-approval
requirement.The grantee must obtain any applicable CPSC prior approval before a
specific activity may be undertaken or before a specific cost is incurred.
Actions that require prior approval must be submitted in writing to the GMO.The
request must bear the signature of the grantee Authorizing Official,as well as the
project director's signature.Approval of the request can be granted only by the GMO
and will be in writing.No other written or oral approval will be accepted;no such other
written or oral approval will be binding on CPSC.
5.4 Site Visits
CPSC's authorized representatives have the right to make site visits at reasonable
times to review project accomplishments and management control systems and to
provide technical assistance,if required.Grantees must provide reasonable access to
facilities,office space,resources,and assistance for the safety and convenience of the
government representatives performing their duties.All site visits and evaluations must
be performed in a manner that does not unduly interfere with or delay the work.
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5.5 Public acknowledgement of federal funding
When issuing statements,press releases,requests for proposals,bid solicitations and
other documents describing projects or programs funded in whole or in part with Federal
money,all grantees receiving Federal funds,shall clearly state-
(1)the percentage of the total costs of the program or project which will be financed with
Federal money;
(2)the dollar amount of Federal funds for the project or program;and
(3)percentage and dollar amount of the total costs of the project or program that will be
financed by non-governmental sources.
5.8 AUDITS
Under the Inspector General Act of 1978,as amended,5 U.S.C.App.3,S$1et seq.,an
audit of the award may be conducted at any time.The Inspector General of the CPSC,
or any of his or her duly authorized representatives,shall have access to any pertinent
books,documents,papers,and records of the recipient,whether written,printed,
recorded,produced,or reproduced by any electronic,mechanical,magnetic,or other
process or medium,in order to make audits,inspections,excerpts,transcripts,or other
examinations as authorized by law.When the CPSC Office of Inspector General (OIG)
requires a program audit on a CPSC award,the OIG will usually make the
arrangements to audit the award,whether the audit is performed by OIG personnel,an
independent accountant under contract with CPSC,or any other federal,state,or local
audit entity.
5.8.1 Organization-Wide,Program-Specific,and Project Audits
Organization-wide or program-specific audits shall be performed in accordance with the
Single Audit Act Amendments of 1996,as implemented by 0MB Circular A-133,"Audits
of States,Local Governments,and Non-Profit Organizations."Per 2 CFR §200.501,
Audits,recipients that are subject to the provisions of 0MB Circular A-133 and that
expend $750,000 or more in a year in federal awards shall have an audit conducted for
that year in accordance with the requirements contained in 0MB Circular A-133.A copy
of the audit shall be submitted to the Bureau of the Census,which has been designated
by 0MB as a central clearinghouse,by electronic submission to the Federal Audit
Clearinghouse website http://harvester.census.gov/sac/.If it is necessary to submit by
paper,the address for submission is:
Federal Audit Clearinghouse
Bureau of the Census
1201 E.10th Street
Jeffersonville,IN 47132
5.8.2 Audit Resolution
An audit of the award may result in the disallowance of costs incurred by the recipient
and the establishment of a debt (account receivable)due to CPSC.Therefore,the
recipient should take seriously its responsibility to respond to all audit findings and
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recommendations with adequate explanations and supporting evidence whenever audit
results are disputed.
An appeal of the Audit Resolution Determination does not prevent the establishment of
the audit-related debt nor does it prevent the accrual of interest on the debt.If the Audit
Resolution Determination is overruled or modified on appeal,appropriate corrective
action will be taken retroactively.An appeal will stay the offset of funds owed by the
auditee against funds due to the auditee.
CPSC shall review the recipient's appeal and notify the recipient of the results in an
Appeal Determination Letter.After the opportunity to appeal has expired or after the
appeal determination has been rendered,CPSC will not accept any further
documentary evidence from the recipient.No other administrative appeals are available
through CPSC.
5.9 Payment of Debts Owed the Federal Government
Any debts determined to be owed the federal government shall be paid promptly by the
recipient.CPSC debt collection procedures are set out in 31 U.S.C.§3701 et seq.,
delinquent debt is a debt that has not been paid by the date specified in the agency's
initial written demand for payment or applicable agreement or instrument (including a
post-delinquency payment agreement)unless other satisfactory payment arrangements
have been made.In accordance with 31 U.S.C.§3717,failure to pay a debt by the due
date,or if there is no due date,within 30 days of the billing date,shall result in the
assessment of interest,penalties,and administrative costs in accordance with the
provisions of 31 U.S.C.§3717 and 31 CFR §901.9.CPSC entities will transfer any
CPSC debt that is more than 180 days delinquent to the Financial Management Service
for debt collection services,a process known as "cross-servicing"under 31 U.S.C.§
3711 (g),31 CFR §285.12 and may result in CPSC taking further action as specified in
the standard terms and condition entitled,"Non-Compliance with Award Provisions."
Funds for payment of a debt must not come from other federally sponsored programs.
Verification that other federal funds have not been used will be made,e.g.,during on-
site visits and audits.
5.9.1 Late Payment Charges
Interest shall be assessed on the delinquent debt in accordance with section 3717(a)of
the Debt Collection Act (see 31 U.S.C.§3701 et seq.,for the entire Debt Collection
Act),as amended.The minimum annual interest rate to be assessed is the Department
of the Treasury's Current Value of Funds Rate (CVFR).The CVFR is available online at:
http://www.fms.treas.gov/cvfr/index.html.The CVFR is published by the U.S.
Department of the Treasury in the Federal Register
(http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR)and in the
Treasury Financial Manual Bulletin.The assessed rate shall remain fixed for the
duration of the indebtedness.Penalties shall accrue at a rate of not more than 6
percent per year or such other higher rate as authorized by law.Administrative charges,
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that is,the costs of processing and handling a delinquent debt,shall be determined by
the CPSC entity collecting the debt,as directed by the CPSC Chief Financial Officer.
5.9.2 Barring Delinquent Federal Debtors from Obtaining Federal Loans or Loan
Insurance Guarantees
Pursuant to 31 U.S.C.§3720B and 31 CFR §901.6,unless waived,the CPSC is not
permitted to extend financial assistance in the form of a loan,loan guarantee,or loan
insurance to any person delinquent on a nontax debt owed to a federal agency.This
prohibition does not apply to disaster loans.
5.9.3 Effect of Judgment Lien on Eligibility for Federal Grants,Loans,or Programs
Pursuant to 28 U.S.C.$3201(e)unless waived by the CPSC,a debtor who has a
judgment lien against the debtor's property for a debt to the United States shall not be
eligible to receive any grant or loan that is made,insured,guaranteed,or financed
directly or indirectly by the United States or to receive funds directly from the federal
government in any program,except funds to which the debtor is entitled as beneficiary,
until the judgment is paid in full or otherwise satisfied.
5.1 O Government Wide Department and Suspension
The recipient shall comply with the provisions of Subpart C of 2 CFR part 1326,
"Non procurement Debarment and Suspension"(published in the Federal Register on
December 21,2006,71 FR 76573),which generally prohibit entities that have been
debarred,suspended,or voluntarily excluded from participating in federal
nonprocurement transactions either through primary or lower tier covered transactions,
and which sets forth the responsibilities of recipients of federal financial assistance
regarding transactions with other persons,including subrecipients and contractors.
5.11 Fraud,Waste and Abuse
Anyone who becomes aware of the existence (or apparent existence)of fraud,waste,or
abuse related to CPSC grants or use of grant funds should report this information to
CPSC.The CPSC OIG provides several means,including toll-free numbers,for this
purpose.
The OIG hotline may be reached by telephone at:(301)504-7906;online using the
OIG's Contact Form;or by mail at:
Office of the Inspector General
U.S.Consumer Product Safety Commission
4330 East-West Highway
Room 702
Bethesda,MD 20814
Fraud,waste,and abuse includes,but is not limited to,embezzlement,misuse,or
misappropriation of grant funds or property,and false statements,whether by
organizations or individuals.Examples are theft of grant funds for personal use;using
funds for non-grant-related purposes;theft of federally owned property or property
8
acquired or leased under a grant;charging inflated building rental fees for a building
owned by the recipient;submitting false financial reports;and submitting false financial
data in bids submitted to the recipient (for eventual payment under the grant).
Callers are not required to give their names and,if they do,their identities are kept
confidential.The federal government may pursue administrative,civil,or criminal action
under a variety of statutes that relate to fraud and false statements or claims.Even if a
grant is not awarded,the applicant may be subject to penalties if the information is
false.
The Program Fraud Civil Remedies Act (31 U.S.C.§3801 et seq.),provides for the
imposition of civil penalties against persons who make false,fictitious,or fraudulent
claims to the federal government for money (including money representing grants,
loans,or other benefits).
The False Claims Amendments Act and the False Statements Act (18 U.S.C.§§287
and 1001,respectively)provide that whoever makes or presents any false,fictitious,or
fraudulent statement,representation,or claim against the United States shall be subject
to imprisonment of not more than five years and shall be subject to a fine in the amount
provided by 18 U.S.C.§287.
The Civil False Claims Act (31 U.S.C.§3729 et seq.)provides that lawsuits can be
brought by the government,or a person on behalf of the government,for false claims
made under federal assistance programs.
6.NATIONAL POLICY REQUIREMENTS
6.1 Executive Order 13798
The grantee shall comply with Executive Order 13798,"Promoting Free Speech and
Religious Liberty,"when contracting with other entities.The grantee shall allow religious
organizations to compete on equal footing for contracts used to support this government
program.Generally,such organizations are not required to alter their religious character
to participate in a government program,nor to cease engaging in explicitly religious
activities outside the program,nor effectively to relinquish their federal statutory
protections for religious hiring decisions.
6.2 Lobbying Restrictions
By accepting funds under this award,grantees agree that none of the funds obligated
on the award shall be expended,directly or indirectly,to influence congressional action
on any legislation or appropriation matters pending before Congress,other than to
communicate to Members of Congress as described in 18 U.S.C.1913.This restriction
is in addition to those prescribed elsewhere in statute and regulation.(See also
statutory requirements for whistleblower protections at 41 U.S.C.§4712,and 41 U.S.C.
§§4304 and 431 O.)
6.3 Hatch Act
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The Hatch Act restricts political activity of executive branch employees of the federal
government and District of Columbia government employees (5 U.S.C.§§7321-7326)
and state or local officers or employees (5 US.C.1501-1508)."State or local officer or
employee"means an individual employed by a state or local agency whose principal
employment is in connection with an activity that is financed in whole or in part by loans
or grants made by the United States or a federal agency.(Certain state educational or
research institutions are excluded from this definition.)
6.4 Codes of Conduct and Subaward__Contract and Subcontract Provisions
6.4.1 Code of Conduct for Recipients
Pursuant to the certification on the Assurances Form SF-424B,paragraph 3,the
recipient must maintain written standards of conduct to establish safeguards to prohibit
employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest,or personal gain in the
administration of this award.
If subrecipients are authorized under the award,the recipient shall require all
subrecipients,including lower tier subrecipients,under the award to comply with the
provisions of the award,including applicable cost principles,administrative,audit
requirements,and all associated terms and conditions.
6.4.2 Federal Employee Expenses
Federal agencies are generally barred from accepting funds from a recipient to pay
transportation,travel,or other expenses for any federal employee.Use of award funds
(federal or non-federal)or the recipient's provision of in-kind goods or services,for the
purposes of transportation,travel,or any other expenses for any federal employee may
raise appropriation augmentation issues.In addition,CPSC policy prohibits the
acceptance of gifts,including travel payments for federal employees,from recipients or
applicants,regardless of the source.
6.4.3 Civil Rights Act of 1964 {Title VI)
Title VI of the Civil Rights Act of '1964,42 U.S.C.2000d et seq.,provides that no person
in the United States will,on the grounds of race,color,or national origin,be excluded
from participation in,be denied the benefits of,or be subjected to discrimination under
any program or activity receiving federal financial assistance.
6.4.4 Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973,29 U.S.C.§794,as amended,provides
that no otherwise qualified handicapped individual in the United States will,solely by
reason of the handicap,be excluded from participation in,be denied the benefits of,or
be subjected to discrimination under any program or activity receiving federal financial
assistance.These requirements pertain to the provision of benefits or services,as well
as to employment.
6.4.5 Age Discrimination Act of 1975
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The Age Discrimination Act of 1975,42 U.S.C.§6101 et seq.,prohibits discrimination
based age in any program or activity receiving federal financial assistance.
6.4.6 Education Amendments of 1972 (Title IX)
Title IX of the Education Amendments of 1972,20 U.S.C.§§1681,1682,1683,1685,
and 1686,provides that no person in the United States will,based on sex,be excluded
from participation in,be denied the benefits of,or be subjected to discrimination under
any educational program or activity receiving federal financial assistance.
6.4.7 Drug-Free Workplace
The Drug-Free Workplace Act of 1988,42 U.S.C.§701 et seq.,requires that all
organizations receiving grants from any federal agency agree to maintain a drug-free
workplace.The recipient must notify the awarding office if an employee of the recipient
is convicted of violating a criminal drug statute.Failure to comply with these
requirements may be cause for debarment.Government-wide Requirements for Drug-
Free Workplace for Financial Assistance are found in 2 CFR part 182.
6.4.8 Smoke-Free Workplace
CPSC strongly encourages recipients to provide smoke-free workplaces and to promote
the nonuse of tobacco products.CPSC defines the term "workplace"to mean office
space (including private offices and other workspace),conference or meeting rooms,
corridors,stairways,lobbies,rest rooms,cafeterias,and other public spaces.
6.4.9 Limited English Proficiency
Per Title VI of the Civil Rights Act of 1964--Prohibition Against National Discrimination
Affecting Persons with Limited English Proficiency (LEP),recipients of Federal financial
assistance must take reasonable steps to ensure that people with limited English
proficiency have meaningful access to services and that there is effective
communication between the service provider and individuals with limited English
proficiency.
6.4.1 O Resource Conservation and Recovery Act
Under RCRA (42 U.S.C.§6901 et seq.),any state agency or agency of a political
subdivision of a state using appropriated federal funds must comply with 42 U.S.C.§
6962.This includes state and local institutions of higher education or hospitals that
receive direct CPSC awards.Section 6962 requires that preference be given in
procurement programs to the purchase of specific products containing recycled
materials identified in guidelines developed by EPA (40 CFR parts 247--254).
6.4.11 Seat Belts
Pursuant to EO 13043 (April 16,1997),Increasing the Use of Seat Belts in the United
States,CPSC recipients are encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating vehicles,whether
organizationally owned or rented or personally owned.
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6.4.12 System for Award Management and Universal Identifier Requirements
A.Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.11 O,you as the
recipient must maintain current information in the SAM.This includes information on
your immediate and highest-level owner and subsidiaries,as well as on all of your
predecessors that have been awarded a Federal contract or Federal financial
assistance within the last three years,if applicable,until you submit the final financial
report required under this Federal award or receive the final payment,whichever is
later.This requires that you review and update the information at least annually after the
initial registration,and more frequently if required by changes in your information or
another Federal award term.
B.Requirement for Unique Entity Identifier
If you are authorized to make subawards under this Federal award,you:
1.Must notify potential subrecipients that no entity (see definition in paragraph C of
this award term)may receive a subaward from you until the entity has provided its
Unique Entity Identifier to you.
2.May not make a subaward to an entity unless the entity has provided its Unique
Entity Identifier to you.Subrecipients are not required to obtain an active SAM
registration,but must obtain a Unique Entity Identifier.
C.Definitions
For purposes of this term:
1.System for Award Management (SAM)means the Federal repository into which a
recipient must provide information required for the conduct of business as a
recipient.Additional information about registration procedures may be found at the
SAM internet site (currently at https:l/www.sam.gov).
2.Unique Entity Identifier means the identifier assigned by SAM to uniquely identify
business entities.
3.Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes
all of the following,for purposes of this part:
a.A foreign organization;
b.A foreign public entity;
c.A domestic for-profit organization;and
d.A Federal agency.
4.Subaward has the meaning given in 2 CFR 200.1.
5.Subrecipient has the meaning given in 2 CFR 200.1.
6.4.13 Reporting Subawards and Executive Compensation
A.Reporting of first-tier subawards.
1.Applicability.Unless you are exempt as provided in paragraph (d)of this award
term,you must report each action that equals or exceeds $30,000 in Federal
funds for a subaward to a non-Federal entity or Federal agency (see definitions
in paragraph (e)of this award term).
2.Where and when to report.
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i.The non-Federal entity or Federal agency must report each obligating action
described in paragraph (A)(1 ).of this award term to http://www.fsrs.gov.
ii.For subaward information,report no later than the end of the month following
the month in which the obligation was made.(For example,if the obligation was
made on November 7,2010,the obligation must be reported by no later than
December 31,2010.)
3.What to report.You must report the information about each obligating action that
the submission instructions posted at http://www.fsrs.gov specify.
B.Reporting total compensation of recipient executives for non-Federal entities.
1.Applicability and what to report.You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year,if-
i.The total Federal funding authorized to date under this Federal award equals or
exceeds $30,000 as defined in 2 CFR 170.320;
ii.in the preceding fiscal year,you received-
(A)80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts)and Federal financial
assistance subject to the Transparency Act,as defined at 2 CFR 170.320
(and subawards),and
(B)$25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts)and Federal financial
assistance subject to the Transparency Act,as defined at 2 CFR 170.320
(and subawards);and,
iii.The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a)or 15(d)of the
Securities Exchange Act of 1934 (15 U.S.C.78m(a),78o(d))or section 6104 of
the Internal Revenue Code of 1986.(To determine if the public has access to the
compensation information,see the U.S.Security and Exchange Commission
total compensation filings at http://www.sec.gov/answers/execomp.htm.)
2.Where and when to report.You must report executive total compensation
described in paragraph (8)(1)of this award term:
i.As part of your registration profile at https:llwww.sam.gov.
ii.By the end of the month following the month in which this award is made,and
annually thereafter.
C.Reporting of Total Compensation of Subrecipient Executives.
1.Applicability and what to report.Unless you are exempt as provided in
paragraph (D)of this award term,for each first-tier non-Federal entity subrecipient
under this award,you shall report the names and total compensation of each of the
subrecipient's five most highly compensated executives for the subrecipient's
preceding completed fiscal year,if-
i.in the subrecipient's preceding fiscal year,the subrecipient received-
(A)80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts)and Federal financial
assistance subject to the Transparency Act,as defined at 2 CFR 170.320
(and subawards)and,
13
(B)$25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts),and Federal financial
assistance subject to the Transparency Act (and subawards);and
ii.The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a)or 15(d)of the
Securities Exchange Act of 1934 (15 U.S.C.78m(a),78o(d))or section 6104 of
the Internal Revenue Code of 1986.(To determine if the public has access to the
compensation information,see the U.S.Security and Exchange Commission
total compensation filings at http:l/www.sec.gov/answers/execomp.htm.)
2.Where and when to report.You must report subrecipient executive total
compensation described in paragraph (C)(1)of this award term:
i.To the recipient.
ii.By the end of the month following the month during which you make the
subaward.For example,if a subaward is obligated on any date during the month
of October of a given year (i.e.,between October 1 and 31),you must report any
required compensation information of the subrecipient by November 30 of that
year.
D.Exemptions.
If,in the previous tax year,you had gross income,from all sources,under $300,000,
you are exempt from the requirements to report:
i.Subawards,and
ii.The total compensation of the five most highly compensated executives of any
subrecipient.
E.Definitions.For purposes of this award term:
1.Federal Agency means a Federal agency as defined at 5 U.S.C.551 (1)and
further clarified by 5 U.S.C.552(f).
2.Non-Federal entity means all of the following,as defined in 2 CFR part 25:
i.A Governmental organization,which is a State,local government,or
Indian tribe;
ii.A foreign public entity;
ii.A domestic or foreign nonprofit organization;and,
iv.A domestic or foreign for-profit organization
3.Executive means officers,managing partners,or any other employees in
management positions.
4.Subaward:
i.This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for which
you received this award and that you as the recipient award to an eligible
subrecipient.
ii.The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation,see i
CFR 200.331 ).
iii.A subaward may be provided through any legal agreement,including
an agreement that you or a subrecipient considers a contract.
5.Subrecipient means a non-Federal entity or Federal agency that:
i.Receives a subaward from you (the recipient)under this award;and
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ii.Is accountable to you for the use of the Federal funds provided by the
subaward.
6.Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)).
6.4.14 Trafficking in persons,and the implementing regulations at 2 CFR PART 175
The Trafficking Victims Protection Act of 2000 authorizes termination of financial
assistance provided to a private entity,without penalty to the federal government,if the
recipient or subrecipient engages in certain activities related to trafficking in persons.
CPSC hereby incorporates the following award term required by 2 CFR §175.15(b).
Trafficking in persons.
A.Provisions applicable to a recipient that is a private entity.
1.You as the recipient,your employees,subrecipients under this award,and
subrecipients'employees may not-
i.Engage in severe forms of trafficking in persons during the period of time that
the award is in effect;
ii.Procure a commercial sex act during the period of time that the award is in
effect;or
iii.Use forced labor in the performance of the award or subawards under the
award.
2.As the federal awarding agency,we may unilaterally terminate this award,without
penalty,if you or a subrecipient that is a private entity -
i.Is determined to have violated a prohibition in paragraph (A)(1)of this award
term;or
ii.Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph (A)(1)of this
award term through conduct that is either-
(A)Associated with performance under this award;or
(B)Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization that is
provided in 2 CFR part 180,"OMB Guidelines to Agencies on and
Suspension (Nonprocurement)."
B.Provision applicable to a recipient other than a private entity.We as the federal
awarding agency may unilaterally terminate this award,without penalty,if a subrecipient
that is a private entity-
1.Is determined to have violated an applicable prohibition in paragraph (A)(1)of this
award term;or
2.Has an employee who is determined by the agency official authorized to terminate
the award to have violated an applicable prohibition in paragraph (A)(1)of this award
term through conduct that is either-
i.Associated with performance under this award;or
15
ii.Imputed to the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part
180,"OMS Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),"as implemented by our agency at 2 CFR part
1125.
C.Provisions applicable to any recipient.
1.You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph (A)(1)of this award term.
2.Our right to terminate unilaterally that is described in paragraph (A)(2)or b of this
section:
i.Implements section 106(g)of the Trafficking Victims Protection Act of 2000
(TVPA),as amended (22 U.S.C.§7104(g)),and
ii.Is in addition to all other remedies for noncompliance that are available to us
under this award.
3.You must include the requirements of paragraph (A)(1)of this award term in any
subaward you make to a private entity.
d.Definitions.For purposes of this award term:
1."Employee"means either:
i.An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award;or
ii.Another person engaged in the performance of the project or program under
this award and not compensated by you including,but not limited to,a volunteer
or individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
2."Forced labor"means labor obtained by any of the following methods:the
recruitment,harboring,transportation,provision,or obtaining of a person for labor or
services,through the use of force,fraud,or coercion for the purpose of subjection to
involuntary servitude,peonage,debt bondage,or slavery.
3.Private entity"
i.Means any entity other than a state,local government,Indian tribe,or foreign
public entity,as those terms are defined in 2 CFR 175.25.
ii.Includes:
a.A nonprofit organization,including any nonprofit institution of higher
education,hospital,or tribal organization other than one included in the
definition of Indian tribe at 2 CFR 175.25(b ).
b.A for-profit organization.
4."Severe forms of trafficking in persons,""commercial sex act,"and "coercion"have
the meanings given at section 103 of the TVPA,as amended (22 U.S.C.§7102)
7.Contacts
Program Official:
Jonathan Midgett
jmidgett@cpsc.gov
301-504-8120
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Grants Management Specialist:
Harvey Kincaid
hkincaid@cpsc.gov
301-504-7525
17
CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1'Avenue,Delray Beach,FL 33444
561-243-7090
LEGAL REVIEW FORM
This form is to be used solely for the legal review of docum ents not includin g procurement agreements.Procurement
.-\greements are reviewed under a separate cover.This form shall only be completed by a member of the City
Attorney's Office.
Date of Review:
Document Name:Approving Resolution accepting Pool Safely Grant Notice of Award
Document Type:Resolution
Submitted by:Lynda Wieland
I x I This document is approved as to form and legal sufficiency.
10/15/24
D This document is approved as to form and legal sufficiency;however,the undersigned made the
following change(s):
D This document is not approved as to form and legal sufficiency for the following reason(s):
s/Kelly W.Brandon,Esq.
Attorney
Copy to:
_City Attorney's Office (with a copy of the approved document)