Item G07M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: G.7
Agenda Item Summary #3575
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441
No
AGENDA ITEM WORDING: Ratification of a grant agreement with the Florida Department of
Emergency Management to fund the STEP (Sheltering and Temporary Essential Power) program.
The contract was executed by the Mayor under the authority of the emergency declaration and now
requires ratification by the BOCC.
ITEM BACKGROUND: The STEP program is a FEMA public assistance program to provide
minimal residence repairs to owner occupied homes to permit reoccupation of the residence while
permanent repairs are being made. The program operates as an alternative to other residence
assistance such as TSA (Temporary Sheltering Assistance — i.e. hotels), FEMA rental assistance,
Direct Lease assistance, or FEMA trailers. The contract includes a cost share that is dependent on
the final disaster federal cost share (75% or 90 %). Staff has requested that the local cost share be
waived but, to date has received no such assurance.
Under the County's Purchasing Policy, when the County is operating under a local declaration of
emergency, the County has the ability to have the Mayor sign the agreement, and the agreement
must then be presented to the BOCC for ratification at the earliest practicable date. This agenda item
asks for that ratification.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
New Emergency Contract for Ratification
STAFF RECOMMENDATION: Approval of ratification
DOCUMENTATION:
STEP -Irma Monroe County P0005- executed
FINANCIAL IMPACT:
Effective Date: 30 October 2017
Expiration Date: 28 January 2018
Total Dollar Value of Contract: $10,000,000
Total Cost to County: up to $1,250,000
Current Year Portion: up to $1,250,000
Budgeted:
Source of Funds:
CPI:
Indirect Costs: Staff time to manage
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Yes $10,000,000
County Match: up to $1,250,000
Insurance Required: N/A
Additional Details:
The initial grant agreement is for a total of $10 million. The potential local cost share could be
as much as $1.25 million.
REVIEWED BY:
Kevin Wilson
Cynthia Hall
Budget and Finance
Kathy Peters
Board of County Commissioners
Completed
11/03/2017 8:58 AM
Completed
11/03/2017 9:56 AM
Completed
11/03/2017 12:58 PM
Completed
11/03/2017 1:04 PM
Pending
11/14/2017 9:00 AM
Contract Number: P0005
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "subaward may be provided through any fond of legal agreement, including an
agreement that the pass- through entity considers a contract.
As defined by 2 C.F.R. §204.74, "pass - through entltV' means "a non - Federal entity that provides a subaward to a
subrecipient to carry out part of a Federal program."
As defined by 2 C.F. R §290.53, "Sub - Recipient' means "a non - Federal entity that receives a subaward from a
pass - through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, 'Federal award" means "Federal financial assistance that a non - Federal entity
receives directly from a Federal awarding agency or indirectly from a pass - through entity."
As defines! by 2 C.F R §200.92, "subaward" means "an award provided by a pass - through entity to a
subrecipient for the subrecipient to Garry out part of a f=ederal award received by the pass - through entity.'
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1)
Sub - Recipient's name:
Monroe County
Sub - Recipient's unique entity identifier.
59- 6000749
Federal Award Identification Number (FAIN) :
Federal Award Date.
09/301201
Subaward Period of Performance Start and End Date
Amount of Federal Funds Obligated by this Agreement:
$10.000.000.00
Total Amount of Federal Funds Obligated to the Sub- Recipient
by the pass- through entity to include this Agreement:
S10,000.000.u0
Total Amount of the Federal Award committed to the Sub- Recipient
by the pass - through entity:
Federal award protect description (see FFATA):
Name of Federal awarding agency
Name of pass - through entity:
Contact Information for the pass - through entity
Catalog of Federal Domestic Assistance (GFDA) Number and Name-
Whether the award is R &D.
Indirect cost rate for the Federal award:
10.0100.0170.00
Grant to Local Govemment far
repair or replacement of Disaster
damaged facilities.
FEMA
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Jason Pettus, (850) 815 -4508
Jasa n. Pettus ( -iem. rn yflor ida. sorry
97 035 Dis;iW. Granls and PuFi�. A%s ilstaricr-
No
No indnec? cost rate
1
THIS AGREEMENT is entered into by the State of Florida, Division of
Emergency Management, with headquarters in Tallahassee Florida (hereinafter
referred to as the "Division "), and Monroe County, (hereinafter referred to as the "Sub-
Recipient")
For the purposes of this Agreement, the Division serves as the pass- through
entity for a Federal award, and the Sub- Recipient serves as the recipient of a subaward
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
The Sub - Recipient represents that it is fuliy qualified and eligible to receive
these grant funds to provide the services identified herein;
:- The State of Florida received these grant funds from the Federal government,
and the Division has the authority to subgrant these funds to the Sub - Recipient upon
the terms and conditions outlined below; and,
The Division has statutory authority to disburse the funds under this
Agreement.
THEREFORE, the Division and the Sub- Recipient agree to the following:
1. LAWS RULES REGULATIONS AND POLICIES
The Division and the Sub - Recipient shall be governed by all applicable State
and Federal laws, rules and regulations, including those identified in Attachment C. Any
express reference in this Agreement to a particular statute, rule, or regulation in no way
implies that no other statute, rule, or regulation applies.
A. The Sub - Recipient's performance under this Agreement is subject to 2
C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards_"
B. 2 C.F.R. §200.302 provides: "Each state must expend and aCCOUnt for
the Federal award in accordance with State laws and procedures for expending and
accounting for the state's own funds." Therefore, section 215.971, Florida Statutes.
entitled "Agreements funded with federal or state assistance applies to this
Agreement.
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C. This Agreement involves "Federal financial assistance," as that term is
defined in section 215.97(2)(0, Florida Statutes.
D. As required by Section 215.971(1), Florida Statutes, this Agreement
includes:
(1) A provision specifying a scope of work that clearly establishes the
tasks that the Sub- Recipient is required to perform.
(2) A provision dividing the agreement into quantifiable units of
deliverables that must be received and accepted in writing by the Division before
payment. Each deliverable must be directly related to the scope of work and specify the
required minimum level of service to be performed and the criteria for evaluating the
successful completion of each deliverable.
(3) A provision specifying the financial consequences that apply if the
Sub - Recipient fails to perform the minimum level of service required by the agreement
(4) A provision specifying that the Sub- Recipient may expend funds
only for allowable costs resulting from obligations incurred during the specified
agreement period.
(5) A provision specifying that any balance of unobligated funds which
has been advanced or paid must be refunded to the Division.
(6) A provision specifying that any funds paid in excess of the amount
to which the Sub- Recipient is entitled under the terms and conditions of the agreement
most be refunded to the Division.
2. TERMS AND CONDITIONS
This Agreement, to include the attachments, contains all the terms and
conditions agreed upon by the parties, which terms and conditions shall govern all
transactions between the Division and the Sub - Recipient.
3. EXECUTION
This Agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
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4. MODIFICATION
This Agreement may only be modified or amended upon mutual written
agreement of the Division and the Sub- Recipient. No oral agreements or
representations shall be valid or binding upon either party to this Agreement
5. SCOPE OF WORK
The Sub - Recipient shall perform the work in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
5, CONTACT
A. In accordance with section 215.971(2), Florida Statutes, the Division's
Grant Manager shall be responsible for enforcing performance of this Agreement's
terms and conditions and sham serve as the Division's liaison with the Sub - Recipient.
As part of his1her duties, the Grant Manager for the Division shall:
(1) Monitor and document Sub - Recipient performance; and.
(2) Review and document all deliverables for which the Sub - Recipient
requests payment.
B The Division's Grant Manager for this Agreement is.
Jason Pettus
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Telephone: (850) 815 -4508
Email:
C. The name and address of the Representative of the Sub - Recipient
responsible for the administration of this Agreement is:
Kevin G. Wilson, P.E.
Assistant County Administrator
Monroe County, FL (Florida Keys)
102050 Overseas Highway
Key Largo, FL 33037
Tel: 305 -292 -4529
Cell: 305 -797 -1547
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D. In the event that different representatives or addresses are designated
by either party after execution of this Agreement, notice of the name, title and address
of the new representative will be provided to the other party.
7. PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end
ninety (90) days thereafter, unless terminated earlier in accordance with the provisions
of Paragraph (19) of this Agreement. Consistent with the definition of "period of
performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to
the time during which the Sub- Recipient "may incur new obligations to carry out the
work authorized under" this Agreement. In accordance with 2 C.F.R. §200.305, the
Sub - Recipient may receive reimbursement under this Agreement only for "allowable
costs incurred during the period of performance." In accordance with section
215.971(1 ) (d), Florida Statutes, the Sub- Recipient may expend funds authorized by this
Agreement "only for allowable costs resulting from obligations incurred during" the
period of agreement.
8. FUNDING
A. This is a cost - reimbursement Agreement, subject to the availability of
funds.
S. 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 either Chapter 216, Florida Statutes, or the
Florida Constitution.
C. The Division will reimburse the Sub - Recipient only for allowable costs
incurred by the Sub - Recipient in the successful completion of each deliverable. The
maximum reimbursement amount for each deliverable is outlined in Attachment A of this
Agreement ( "Budget and Scope of Work "). The maximum reimbursement amount for
the entirety of this Agreement is $10,000,000.00. However, this amount can be
increased by a modification to th is Agreement.
❑. As required by 2 C.F.R. §200.415(a), any request for payment under
this Agreement must include a certification, signed by an official who is authorized to
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legally bind the Sub- Recipient which reads as follows: "By signing this report, 1 certify
to the pest of my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements and cash receipts are for the purposes and
objectives set forth in the terms and conditions of the Federal award. I am aware that
any false, fictitious, or fraudulent information, or the omission of any material fact, may
subject me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (Ll.S. Code Title 18, Section 1001 and Title 31, Sections 3 72 9-3 73 0
and 3801 - 3$12)."
E. if authorized by the Federal Awarding Agency, then the Division will
reimburse the Sub - Recipient for overtime expenses in accordance with 2 C.F.R.
§200,430 ( "Compensation — personal services ") and 2 C.F.R. §200.431
( "Compensation— fringe benefits "). If the Sub -- Recipient seeks reimbursement for
overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (see 29
U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R.
§200.431(a) defines fringe benefits as "allowances and services provided by employers
to their employees as compensation in addition to regular salaries and wages." Fringe
benefits are allowable under this Agreement as long as the benefits are reasonable and
are required by law, Sub - Recipient - employee agreement, or an established policy of the
Sub - Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form
of regular compensation paid to employees during periods of authorized absences from
the job, such as for annual leave, family - related leave, sick leave, holidays, court leave,
military leave, administrative leave, and other similar benefits, are allowable if all of the
following criteria are met:
(1) They are provided under established written leave policies,
(2) The costs are equitably allocated to all related activities, including
Federal awards; and,
(3) The accounting basis (cash or accrual) selected for costing each
type of leave is consistently followed by the non - Federal entity or specified grouping of
employees.
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F. If authorized by the Federal Awarding Agency, then the Division will
reimburse the Sub - Recipient for travel expenses in accordance with 2 C.F.R. §200.474
As required by the Reference Guide for State Expenditures, reimbursement for travel
must be in accordance with section 112.06'1, Florida Statutes, which includes
submission of the claim on the approved state travel voucher. If the Sub- Recipient
seeks reimbursement for travel costs that exceed the amounts stated in section
112,061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner),
then the Sub- Recipient must provide documentation that'
(1) The costs are reasonable and do not exceed charges normally
allowed by the Sub - Recipient in its regular operations as a result of the Sub- Recipient's
written travel policy; and,
(2) Participation of the individual in the travel is necessary to the
Federal award.
G. If authorized by the Federal Awarding Agency, then the Division will
reimburse the Sub- Recipient for attendance at a conference.
(1) 2 C.F.R. §200.432 defines the term conference as "a meeting,
retreat. seminar, symposium, workshop or event whose primary purpose is the
dissemination of technical information beyond the non- Federaf entity and is necessary
and reasonable for successful performance under the Federal award."
(2) Any reimbursement from the Division to the Sub - Recipient for the
costs associated with attending a conference is subject to the Department of Financial
Services' Reference Guide for State Expenditures, which states: "Reimbursement for
registration fees and travel expenses in connection with attendance at conferences or
conventions will not be paid unless:
a) "The main purpose of the convention or conference is directly
related to the statutory duties and responsibilities of the agency;
by "The duties and responsibilities of the traveler is related to the
objectives of the convention or conference; and,
c) "The activity provides a direct benefit supporting the work and
public purpose of the person attending."
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9. PAYMENTS
A. Invoices shall be submitted at least quarterly and shall include the
supporting documentation for all costs of the project or services. The final invoice shall
be submitted within sixty (50) days after the expiration date of the agreement. An
explana tion of any circumstances prohibiting the submittal of quarterly invoices shall be
submitted to the Division grant manager as part of the Sub- Recipient's quarterly
reporting as referenced in Paragraph 15 of this Agreement.
B. As required by 2 C.F.R. §200.415(a), any request for payment under
this Agreement must include a certification, signed by an official who is authorized to
legally bind the Sub- Recipient which reads as follows- "By signing this report, I certify
to the best of my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements and cash receipts are for the purposes and
objectives set forth in the terms and conditions of the Federal award, i am aware that
any false, fictitious, or fraudulent information, or the omission of any material fact, may
subject me to criminal, civil or administrative penalties for fraud, false statements, false
c #aims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3 729- 37 30
and 3801 - 3812).
C. The Division will review any request for reimbursement by comparing
the documentation provided by the Sub- Recipient against a performance measure.
outlined in Attachment A, that clearly delineates:
(1) The required minimum acceptable level of service to be performed:
and,
(2) The criteria for evaluating the successful completion of each
deliverable.
D. The Division's grant manager, as required by section 215.971(2)(c),
Florida Statutes, shall reconcile and verify all funds received against all funds expended
during the grant agreement period and produce a final reconciliation report. The final
report must identify any funds paid in excess of the expenditures incurred by the Sub -
Recipient.
I.9
E. As defined by 2 C.F.R. §200.53, the term "improper payment" means
or includes:
(1) Any payment that should not have been made or that was made in
an incorrect amount (including overpayments and underpayments) under statutory,
contractual, administrative, or other legally applicable requirements; and,
(2) Any payment to an ineligible party, any payment For an ineligible
good or service any duplicate payment, any payment for a good or service not received
(except for such payments where authorized by law), any payment that does not
account for credit for applicable discounts, and any payment where insufficient or lack of
documentation prevents a reviewer from discerning whether a payment was proper.
F. Any advance payment under this Agreement is subject to 2 C.F.R.
§200.305 and, as applicable, section 215.181(16), Florida Statues. All advances are
required to be held in an interest - bearing account. 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. No advance shall be accepted for processing if a reimbursement
has been paid prior to the submittal of a request for advanced payment. After the initial
advance, if any, payment shall be made on a reimbursement basis as needed.
G. If the necessary funds are not available to fund this Agreement as a
result of action by the United States Congress, the federal Office of Management and
Budgeting, the State Chief Financial Officer or under subparagraph (9)B. of this
Agreement, all obligations on the part of the Division to make any further payment of
funds shall terminate, and the Saab- Recipient shall submit its closeout report within thirty
days of receiving notice from the Division_
10. REPAYMENTS
A. All refunds or repayments due to the Division under this Agreement are
to be made payable to the order of "Division of Emergency Management ", and mailed
directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
B. In accordance with Section 215.34(2), Florid Statutes, if a check or
other draft is returned to the Division for collection, Sub - Recipient shall pay the Division
a service fee of $15.00 or 5% of the face amount of the returned check or draft,
whichever is greater.
11. PROCUREMENT
A. The Sub - Recipient shall ensure that any procurement involving funds
authorized by the Agreement complies with all applicable federal and state laws and
regulations, to include 2 C.F.R. § §200.318 through 200,325 as well as Appendix II to 2
C.F.R. Fart 200 (entitled "Contract Provisions for Non - Federal Entity Contracts Under
Federal Awards ").
B. As required by 2 C.F.R. §200.318(b). the Sub - Recipient shall "maintain
records sufficient to detail the history of procurement. These records will include, but
are not necessarily limited to the following- rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and the basis for the contract
price."
C. As required by 2 C.F.R. §200.318(i), the Sub - Recipient shall "maintain
oversight to ensure that contractors perform in accordance with the terms, conditions,
and specifications of their contracts or purchase orders." In order to demonstrate
compliance with this requirement, the Sub - Recipient shall document, in its quarterly
report to the Division, the progress of any and all subcontractors performing work under
this Agreement.
D. Except for procurements by micro - purchases pursuant to 2 C.F.R
§200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R.
§200.320(b), if the Sub - Recipient chooses to subcontract any of the work required
under this Agreement, then the Sub - Recipient shall forward to the Division a copy of
any solicitation (whether competitive or non - competitive) at least fifteen (15) days prior
i�f
to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub- Recipient within three (3) business
days. Consistent with 2 C. F. R. §200.324, the Division will review the solicitation for
compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through
200.326 as well as Appendix 11 to 2 C.F.R. Part 200, Consistent with 2 C.F R.
§200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient.
While the Sub- Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the
vendor requirements or in the commodity or service specifications. The Division's
review and comments shall not constitute an approval of the solicitation. Regardless of
the Division's review, the Sub- Recipient remains bound by all applicable laws,
regulations and agreement terms. if during its review the Division identifies any
deficiencies, then the Division shall communicate those deficiencies to the Sub -
Recipient as quickly as possible within the three (3) business day window outlined
above. If the Sub- Recipient publishes a competitive solicitation after receiving
comments from the Division that the solicitation is deficient, then the Division may
(1) Terminate this Agreement in accordance with the provisions
outlined in paragraph 19 below, and,
(2) Refuse to reimburse the Sub - Recipient for any costs associated
with that solicitation.
E. Except for procurements by micro - purchases pursuant to 2 C.F.R.
§200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R.
§200.320(b), if the Sub - Recipient chooses to subcontract any of the work required
under this Agreement, then the Sub - Recipient shall forward to the Division a copy of
any contemplated contract prior to contract execution. The Division shall review the
unexecuted contract and provide comments, if any, to the Sub - Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the
unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R.
§ §200.318 through 200.326 as well as Appendix 11 to 2 C.F.R. Part 200. Consistent
with 2 C.F.R. §200.318(1), the Division will not substitute its judgment for that of the
1@
Sub - Recipient. While the Sub- Recipient does not need the approval of the Division in
order to execute a subcontract, this review may allow the Division to identify
deficiencies in the terms and conditions of the subcontract as well as deficiencies in the
procurement process that led to the subcontract. The Division's review and comments
shall not constitute an approval of the subcontract, Regardless of the Division's review,
the Sub - Recipient remains bound by all applicable laws, regulations, and agreement
terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub - Recipient as quickly as possible within the
three (3) business day window outlined above. It the Sub- Recipient executes a
subcontract after receiving a communication from the Division that the subcontract is
non - compliant, then the Division may:
(1) Terminate this Agreement in accordance with the provisions
outlined in paragraph 19 below; and.
(2) Refuse to reimburse the Sub- Recipient for any costs associated
with that subcontract.
F. The Sub - Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound
by all applicable state and federal laws and regulations, and (iii) the subcontractor shall
hold the Division and Sub - 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.
G As required by 2 C.F.R. §200.318(c)(1), the Sub - Recipient shall
"maintain written standards of conduct covering conflicts of interest and governing the
actions of its employees engaged in the selection, award and administration of
contracts."
K As required by 2 C.F.R. §200.319(a), the Sub- Recipient shall conduct
any procurement under this agreement "in a manner providing full and open
competition." Accordingly, the Sub- Recipient shall not:
(1) Place unreasonable requirements on firms in order for them to
qualify to do business,
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(2) Require unnecessary experience or excessive bonding;
(3) Use noncompetitive pricing practices between firms or between
affiliated companies;
(4) Execute noncompetitive contracts to consultants that are on
retainer contracts;
(5) Authorize, condone, or ignore organizational conflicts of interest:
(6) Specify only a brand name product without allowing vendors to
offer an equivalent,
(7) Specify a brand name product instead of describing the
performance, specifications, or other relevant requirements that pertain to the
commodity or service solicited by the procurement;
(8) Engage in any arbitrary action during the procurement process; or,
(9) Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to
bid, or request for proposals.
1. `[E]xcept in those cases where applicable Federal statutes expressly
mandate or encourage" otherwise, the Sub - Recipient, as required by 2 C.F.R.
§200.319(b), shall not use a geographic preference when procuring commodities or
services under this Agreement.
J. The Sub - Recipient shall conduct any procurement involving invitations
to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section
287.057(t)(a), Florida Statutes.
K. The Sub - Recipient shall conduct any procurement involving requests
far proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as
well as section 287.057(1)(b), Florida Statutes.
I_. For each subcontract, the Sub - Recipient shall provide a written
statement to the Division as to whether that subcontractor is a minority business
enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub-
Recipient shall comply with the requirements of 2 C.F.R. §200.321 ( "Contracting wits}
13
small and minority businesses, women's business enterprises, and labor surplus area
firms ").
12. RECORDS
A. As required by 2 C.F.R. §200.335, the Federal awarding agency,
Inspectors General, the Comptroller General of the United States, and the Division, or
any of their authorized representatives, shall enjoy the right of access to any
documents, papers, or other records of the Sub- Recipient which are pertinent to the
Federal award, in order to make audits, examinations, excerpts, and transcripts. The
right of access also includes timely and reasonable access to the Sub - Recipient's
personnel for the purpose of interview and discussion related to such documents.
Finally, the right of access is not limited to the required retention period but lasts as long
as the records are retained_
B. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief
Inspector General of the State of Florida, the Florida Auditor General, or any of their
authorized representatives, shall enjoy the right of access to any documents, financial
statements, papers, or other records of the Sub- Recipient which are pertinent to this
Agreement, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub - Recipient's personnel
for the purpose of interview and discussion related to such documents.
C_ As required by 2 C.F.R. §200.333, the Sub- Recipient shall retain
sufficient records to show its compliance with the terms of this Agreement, as well as
the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of three (3) years from the date of submission of the final
expenditure report. The following are the only exceptions to the three (3) year
requirement;
(1) if any litigation, claim, or audit is started before the expiration of the
3 -year period, then the records must be retained Until all litigation, claims, or audit
findings involving the records have been resolved and final action taken.
(2) When the Division or the Sub - Recipient is notified in writing by the
Federal awarding agency, cognizant agency for audit, oversight agency for audit,
14
Cognizant agency for indirect costs, or pass - through entity to extend the retention
period.
(3) Records for real property and equipment acquired with Federal
funds must be retained for 3 years after final disposition.
(4) When records are transferred to or maintained by the Federal
awarding agency or pass - through entity, the 3 -year retention requirement is not
applicable to the Sub- Recipient.
(5) Records for program income transactions after the period of
performance. In some cases recipients must report program income after the period of
performance. Where there is such a requirement, the retention period for the records
pertaining to the earning of the program income starts from the end of the non - Federal
entity's fiscal year in which the program income is earned.
(6) Indirect cost rate proposals and cost allocations plans. This
paragraph applies to the following types of documents and their supporting records:
indirect cost rate computations or proposals, cost allocation plans, and any similar
accounting computations of the rate at which a particular group of costs is chargeable
(such as computer usage chargeback rates or composite fringe benefit rates).
D. In accordance with 2 C.F.R. §200.334, the Federal awarding agency
must request transfer of certain records to its custody from the Division or the Sub -
Recipient when it determines that the records possess long -term retention value.
E. In accordance with 2 C.F.R. §200.335, the Division must always
provide or accept paper versions of Agreement information to and from the Sub -
Recipient upon request. If paper copies are submitted, then the Division must not
require more than an original and two copies. When original records are electronic and
cannot be altered, there is no need to create and retain paper copies. When original
records are paper, electronic versions may be substituted through the use of duplication
or other forms of electronic media provided that they are subject to periodic quality
control reviews, provide reasonable safeguards against alteration, and remain readable.
F. As required by 2 C.F.R. §200.303, the Sub - Recipient shall take
reasonable measures to safeguard protected personally identifiable information and
15
other information the Federal awarding agency or the Division designates as sensitive
or the Sub - Recipient Considers sensitive consistent with applicable Federal, state, local,
and tribal laws regarding privacy and obligations of confidentiality.
G. Florida's Government in the Sunshine Law (Section 286.011, Florida
Statutes) provides the citizens of Florida with a right of access to governmental
proceedings and mandates three, basic requirements;
(1) Meetings of public boards or commissions must be open to the
public;
(2) Reasonable notice of such meetings must be given; and,
(3) Minutes of the meetings must be taken and promptly recorded.
The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the
Government in the Sunshine Law applies to private entities that provide services to
governmental agencies and that act on behalf of those agencies in the agencies'
performance of their public duties. If a public agency delegates the performance of its
public purpose to a private entity, then, to the extent that private entity is performing that
public purpose, the Government in the Sunshine Law applies. For example, if a
volunteer fire department provides firefighting services to a governmental entity and
uses facilities and equipment purchased with public funds, then the Government in the
Sunshine Law applies to board of directors for that volunteer fire department. Thus, to
the extent that the Government in the Sunshine Law applies to the Sub - Recipient based
upon the funds provided under this Agreement, the meetings of the Sub - Recipient's
governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings
shall be publicly noticed, open to the public, and the minutes of all the meetings shall be
public records, available to the public in accordance with Chapter 119, Florida Statutes -
H. Florida's Public Records Law provides a right of access to the records
of the state and local governments as well as to private entities acting on their behalf.
Unless specifically exempted from disclosure by the Legislature, all materials made or
received by a governmental agency (or a private entity acting on behalf of such an
16
agency) in conjunction with official business which are used to perpetuate,
communicate, or formalize knowledge qualify as public records subject to public
inspection. The mere receipt of public funds by a private entity, standing alone, is
insufficient to bring that entity within the ambit of the public record requirements.
However, when a public entity delegates a public function to a private entity, the records
generated by the private entity's performance of that duty become public records. Thus,
the nature and scope of the services provided by a private entity determine whether that
entity is acting on behalf of a public agency and is therefore subject to the requirements
of Florida's Public Records Law,
I. The Sub - Recipient shall maintain all records for the Sub - Recipient and
for all subcontractors or consultants to be paid from funds provided under this
Agreement, including documentation of all program costs, in a form sufficient to
determine compliance with the requirements and objectives of the Budget and Scope of
Work - Attachment A - and all other applicable laws and regulations.
13. INTELLECTUAL PROPERTY
A. Except as provided below, intellectual property rights to all property
created or otherwise developed under or in connection with the performance of this
Agreement are hereby reserved to and shall be owned by the State of Florida,
B. if the Sub - Recipient has pre- existing intellectual property rights, then
the Sub- Recipient shall retain all rights and entitlements to that pre - existing intellectual
property unless the Agreement provides otherwise.
C. If any intellectual property is developed in the course of or as a result
of work or services performed under this Agreement, or in any way connected with it,
the Sub - Recipient shall refer the intellectual property to the Division for a determination
whether the State of Florida will Seek patent, copyright, trademark, or other intellectual
property protection in its name.
D. Within thirty days of execution of this Agreement, the Sub - Recipient
small disclose all intellectual properties relating to the performance of this Agreement
which he or she knows or should know could give rise to a patent, copyright, trademark,
or other intellectual property protection. Failure to disclose will indicate that no such
17
property exists. The Division shall then, under Subparagraph A above. have the right to
all intellectual property which accrues during performance of the Agreement.
E. If the Sub- Recipient qualifies as a state university under Florida law,
then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively
by the employees of the Sub- Recipient shall become the sole property of the Sub -
Recipient. In the case of joint inventions, that is inventions made jointly by one or more
employees of both parties hereto, each party shall have an equal, undivided interest in
and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting
patented, copyrighted or trademarked work products, developed solely by the Sub -
Recipient, under this Agreement, for Florida government purposes.
14. AUDITS
A. The Sub - Recipient shall comply with the audit requirements contained
in 2 C.F.R. Part 200, Subpart F.
B. In accounting for the receipt and expenditure of funds under this
Agreement, the Sub - Recipient shall follow Generally Accepted Accounting Principles
( "GAAP "). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in
accounting standards issued by the Government Accounting Standards Board (GASB)
and the Financial Accounting Standards Board (FASB)."
C. When conducting an audit of the Sub- Recipient's performance under
this Agreement. the Division shall use Generally Accepted Government Auditing
Standards (" GALAS"). As defined by 2 C.F.R. §200.50, GALAS, "also known as the
Yellow Book, means generally accepted government auditing standards issued by the
Comptroller General of the United States, which are applicable to financial audits."
D. if an audit shows that all or any portion of the funds disbursed were not
spent in accordance with the conditions of this Agreement. the Sub- Recipient shall be
held liable for reimbursement to the Division of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty days after the
Division has notified the Sub- Recipient of such non- compliance.
18
E. The Sub- Recipient shall have all audits completed by an independent
auditor, which is defined in section 215.97(2 )(h), Florida Statutes, as "an independent
certified public accountant licensed under chapter 473." The independent auditor shall
state that the audit complied with the applicable provisions noted above. The audit
must be received by the Division no later than nine months from the end of the Sub -
Recipient's fiscal year.
F. The Sub- Recipient shall send copies of reporting packages for audits
conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub- Recipient,
to the Division at the following address:
- 't =i :Irl = l :Ili'• ?:mot fl it:i �rr
D E M S i ng le_Au d it @e m. myflo rids . com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
G. The Sub- Recipient shall send the Single Audit reporting package and
Form SF -SAG to the Federal Audit Clearinghouse by submission online at:
I IL� =: ;'I l� :f���' =l�l C.C� �!� ti�_11r + • !3 L� i�U���3 L. l; ii +,jCi4 � F'. '+ fief T1�
H. The Sub- Recipient shall send any management letter issued by the
auditor to the Division at the following address:
� LId t ;.1 I .0
DEMSingle_ALidit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
15 REPORTS
A. Consistent with 2 C.F.R. §200.328, the Sub - Recipient shall provide the
Division with quarterly reports and a rlose -out report. These reports shall include the
current status and progress by the Sub- Recipient and all subcontractors in compieting
19
the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Division.
B. Quarterly reports are due to the Division no later than 30 days after the
end of each quarter of the program year and shall be sent each quarter until submission
of the administrative close -out report. The ending dates for each quarter of the program
year are March 31, June 30, September 30 and December 31.
C. The close -out report is due 60 days after termination of this Agreement
or 64 days after completion of the activities contained in this Agreement, whichever first
occurs.
D. If all required reports and copies are not sent to the Division or are not
completed in a manner acceptable to the Division, then the Division may withhold
further payments until they are completed or may take other action as stated in
Paragraph (18) REMEDIES. "Acceptable to the Division" means that the work product
was completed in accordance with the Budget and Scope of Work.
E. The Sub - Recipient shall provide additional program updates or
information that may be required by the Division.
F. The Sub - Recipient shall provide additional reports and information
identified in Attachment D.
16. MONITORING
A. The Sub - Recipient shall monitor its performance under this
Agreement, as well as that of its subcontractors and/or consultants who are paid from
funds provided under this Agreement, to ensure that time schedules are being met, the
Schedule of Deliverables and Scope of Work are being accomplished within the
specified time periods, and other performance goals are being achieved. A review shall
be done for each function or activity in Attachment A to this Agreement, and reported in
the quarterly report.
B. In addition to reviews of audits, monitoring procedures may include,
but not be limited to, on -site visits by Division staff, limited scope audits, and/or other
procedures. The Sub - Recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Division, In the event that the
20
Division determines that a limited scope audit of the Sub - Recipient is appropriate, the
Sub- Recipient agrees to comply with any additional instructions provided by the Division
to the Sub - Recipient regarding such audit. The Sub - Recipient further agrees to comply
and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Florida Chief Financial Officer or Auditor General. In addition, the
Division will monitor the performance and financial management by the Sub- Recipient
throughout the contract term to ensure timely completion of all tasks.
17. DEFAULT
If any of the following events occur ( "Events of Default"), all obligations on the
part of the Division to make further payment of funds shall terminate and the Division
has the option to exercise any of its remedies set forth in Paragraph {78}; however, the
Division may make payments or partial payments after any Events of Default without
waiving the right to exercise such remedies, and without becoming liable to make any
further payment if:
A. Any warranty or representation made by the Sub- Recipient in this
Agreement or any previous agreement with the Division is or becomes false or
misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the
obligations, terms or covenants in this Agreement or any previous agreement with the
Division and has not cured them in timely fashion, or is unabte or unwilling to meet its
obligations under this Agreement;
B. Material adverse changes occur in the financial condition of the Sub -
Recipient at any time during the term of this Agreement, and the Sub - Recipient fails to
cure this adverse change within thirty days from the date written notice is sent by the
Division;
C. Any reports required by this Agreement have not been submitted to the
Division or have been submitted with incorrect, incomplete or insufficient information, or,
D. The Sub- Recipient has failed to perform and complete on time any of
its obligations under this Agreement.
21
i Gm M 1 1 a K 1110111 M1
If an Event of Default occurs, then the Division shall. after thirty calendar
days written notice to the Sub- Recipient and upon the Sub - Recipient's failure to cure
within those thirty days, exercise any one or more of the following remedies, either
concurrently or consecutively
A. Terminate this Agreement, provided that the Sub- Recipient is given at
ieast thirty days prior written notice of the termination, The notice shall be effective
when placed in the United States, first class mail, postage prepaid, by registered or
certified mail- return receipt requested, to the address in paragraph (6) herein;
B. Begin an appropriate legal or equitable action to enforce performance
of this Agreement;
C. Withhold or suspend payment of all or any part of a request for
payment;
D. Require that the Sub- Recipient refund to the Division any monies used
for ineligible purposes under the laws, rules and regulations governing the use of these
funds_
E_ Exercise any corrective or remedial actions, to include but not be
limited to:
(1) Request additional information from the Sub- Recipient to
determine the reasons for or the extent of non - compliance or lack of performance,
(2) Issue a written warning to advise that more serious measures
may be taken if the situation is not corrected,
(3) Advise the Sub - Recipient to suspend, discontinue or refrain
from incurring costs for any activities in question or
(4) Require the Sub- Recipient to reimburse the Division for the
amount of costs incurred for any items determined to be ineligible;
F. Exercise any other rights or remedies which may be available under
law.
Pursuing any of the above remedies will not stop the Division from
pursuing any other remedies in this Agreement or provided at law or in equity. If the
22
Division waives any right or remedy in this Agreement or fails to insist on strict
performance by the Sub- Recipient, it will not affect, extend or waive any other right or
remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Sub- Recipient.
19. TERMINATION
A. The Division may terminate this Agreement for cause after thirty days
written notice. Cause can include misuse of funds, fraud, lack of compliance with
applicable rules, laws and regulations, failure to perform on time, and refusal by the
Sub - Recipient to permit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Florida Statutes, as amended.
B. The Division may terminate this Agreement for convenience or when it
determines, in its sole discretion, that continuing the Agreement would not produce
beneficial results in line with the further expenditure of funds, by providing the Sub -
Recipient with thirty calendar days prior written notice.
C. The parties may agree to terminate this Agreement for their mutual
convenience through a written amendment of this Agreement. The amendment will
state the effective date of the termination and the procedures for proper closeout of the
Agreement
D. In the event that this Agreement is terminated, the Sub- Recipient will
not incur new obligations for the terminated portion of the Agreement after the Sub -
Recipient has received the notification of termination. The Sub - Recipient will cancel as
many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Sub - Recipient shall not be relieved of liability
to the Division because of any breach of Agreement by the Sub - Recipient. The Division
may, to the extent authorized by law, withhold payments to the Sub - Recipient for the
purpose of set -off until the exact amount of damages due the Division from the Sub -
Recipient is determined.
20. LIABILITY
A. Unless Sub - Recipient is a State agency or subdivision, as defined in
section 768.28(2), Florida Statutes, the Sub- Recipient is solely responsible to parties it
23
deals with in carrying out the terms of this Agreement; as authorized by section
768.28(19), Florida Statutes, Sub - Recipient shall hold the Division harmless against all
claims of whatever nature by third parties arising from the work performance under this
Agreement. For purposes of this Agreement, Sub- Recipient agrees that it is not an
employee or agent of the Division, but is an independent contractor.
B. As required by section 768.28(l 9), Florida Statutes, any Sub - Recipient
which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes,
agrees to be fully responsible for its negligent or tortious acts or omissions which result
in claims or suits against the Division, and agrees to be liable for any damages
proximately caused by the acts or omissions to the extent set forth in Section 768.28,
Florida Statutes. Nothing herein ;s intended to serve as a waiver of sovereign immunity
by any Sub- 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.
21. ATTAC H M E NTS
A. All attachments to this Agreement are incorporated as if set out fully,
B. In the event of any inconsistencies or conflict between the language of
this Agreement and the attachments, the language of the attachments shall control. but
only to the extent of the conflict or inconsistency.
C. This Agreement has the following attachments:
(1) Exhibit 1 - Funding Sources
(2) Attachment A -- Budget and Scope of Work
(3) Attachment B - Program Statutes and Regulations
(4) Attachment C - Recordkeeping
(5) Attachment D - Reports
(6) Attachment E - Justification of Advance Payment
(7) Attachment F - Warranties and Representations
(8) Attachment G - Certification Regarding Debarment
(9) Attachment H - Statement of Assurances
(16) Attachment I - Mandatory Contract Provisions
24
22. MANDATED CONDITIONS
A. The validity of this Agreement is subject to the truth and accuwacy of all
the information, representations, and materials submitted or provided by the Sub -
Recipient in this Agreement, in any later submission or response to a Division request,
or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials are incorporated by reference. The
inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub - Recipient, cause the termination
of this Agreement and the release of the Division from all its obligations to the Sub -
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 be in the Circuit
Court of Leon County. if any provision of this Agreement is in conflict with any
applicable statute or rule, or is unenforceable, then the provision shall be null and void
to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
C. Any power of approval or disapproval granted to the Division under the
terms of this Agreement shall survive the term of this Agreement
D. The Sub - Recipient agrees to comply with the Americans With
Disabilities Act (Public Law 101 -336, 42 U.S.C. Section '12101 et which prohibits
discrimination by public and private entities on the basis of disability in employment,
public accommodations, transportation, State and locaf government services, and
telecommunications.
E. Those who have 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
25
entity in excess of $25,000,00 for a period of 36 months from the date of being placed
on the convicted vendor fist or on the discriminatory vendor fist.
F. Any Sub - Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, 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 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 loca)) with commission of any
offenses enumerated in paragraph 22(F)(2). of this certification; arid,
(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.
G. If the Sub- Recipient is unable to certify to any of the statements in this
certification, then the Sub - Recipient shall attach an explanation to this Agreement.
H. In addition, the Sub- Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor
which Sub - Recipient plans to fund under this Agreement. The form must be received
by the Division before the Sub - Recipient enters into a contract with any subcontractor.
I. The Division reserves the right to unilaterally cancel this Agreement if
the Sub- Recipient refuses to allow public access to all documents, papers- fetters or
26
other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -
Recipient created or received under this Agreement.
J. If the Sub - Recipient is allowed to temporarily invest any advances of
funds under this Agreement, any interest income shall either be returned to the Division
or be applied against the Division's obligation to pay the contract amount.
K. 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 ( "INA ")]. The Division
shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the Sub - Recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Division.
L. All unmanufactured and manutactured articles, materials and supplies
which are acquired for public use under this Agreement must have been produced in
the United States as required under 41 U.S.C. 1 Oa, unless it would not be in the public
interest or unreasonable in cost.
(23) LOBBYING PROHIBITION
A. 2 C.F.R. §200.450 prohibits reimbursement far costs associated with
certain lobbying activities.
B. Section 21 6.347, Florida Statutes, prohibits "any disbursement of
grants and aids appropriations pursuant to a contract or grant to any person or
organization unless the terms of the grant or contract prohibit the expenditure of funds
for the purpose of lobbying the Legislature, the judicial branch, or a state agency."
C. No funds or other resources received from the Division under this
Agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state agency.
D. The Sub - Recipient certifies, by its signature to this Agreement, that to
the best of his or her knowledge and befief;
27
(1) No Federal appropriated funds have been paid or will be paid
by or on behalf of the Sub- Recipient, 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 Sub - Recipient shall complete and submit
Standard Form -LLL, "Disclosure of Lobbying Activities."
(3) The Sub - Recipient shall require that this certification be
included in the award documents for all subawards (including subcontracts, subgrants,
and contracts under grants, loans. and cooperative agreements) and that all Sub -
Recipients shall certify and disclose.
(4) 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.
(24) EQUAL OPPORTUNITY EMPLOYMENT
M. In accordance with 41 C.f.R_ §60- 1.4(b), the Sub - Recipient hereby
agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary
of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained
from the Federal Government or borrowed on the credit of the Federal Government
28
pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to
any Federal program involving such grant, contract, loan, insurance, or guarantee, the
following equal opportunity clause:
During the performance of this contract, the contractor
agrees as follows:
i. The Contractor will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will
take affirmative action to ensure that applicants are
employed, and that employees are treated during
employment without regard to their race. color, religion, sex.
or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship_ The
contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination
clause.
The contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color,
religion, sex, or national origin.
iii. The contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding,
notice to be provided advising the said labor union or
workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants
for employment.
iv. The contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of
Labor.
v. The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965,
29
and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and
orders.
W. In the event of the contractor's noncompliance with
the nondiscrimination clauses of this contract or with any of
the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and
the contractor may be declared ineligible for further
Government contracts or federally assisted construction
contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965,
or by rule, regulation or order of the Secretary of Labor, or
as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1 ) and the provisions of
paragraphs (1 ) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 264 of
Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to
any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: provided, however,
that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the
contractor may request the United States to enter into such
litigation to protect the interests of the United States.
N. The Sub- Recipient further agrees that it will be bound by the above
equal opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: provided, that if the applicant so
participating is a State or local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which does
not participate in work on or under the contract.
30
O7 The Sub - Recipient agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may require
for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
P. The Sub - Recipient further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Grder 11245 of September
24, 1955. with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to the
Executive order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the
Executive order_ in addition, the Sub - Recipient agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the
following actions: cancel, terminate, or suspend in whole or in part this grant (contract,
loan, insurance, guarantee); refrain from extending any further assistance to the Sub -
Recipient under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such Sub -
Recipient; and refer the case to the Department of Justice for appropriate legal
proceedings.
(25)
COPELAND ANTI - KICKBACK ACT
The Sub - Recipient hereby agrees that, unless exempt under Federal law.
it will incorporate or cause to be incorporated into any contract for construction work, or
modification thereof, the following clause:
i. Contractor. The contractor shall comply with 18
U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29
C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clause above and such other
31
clauses as the FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all of these
contract clauses.
iii. Breach. A beach of the contract clauses above may
be grounds for termination of the contract, and for
debarment as a contractor and subcontractor as provided in
29 C.F.R. § 5.12.
(25) CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub- Recipient, with the funds authorized by this Agreement, enters
into a contract that exceeds $100,000 and involves the employment of mechanics or
laborers, then any such contract must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5 ).
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours
Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic must
be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation_
(27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL
ACT
If the Sub - Recipient, with the funds authorized by this Agreement, enters
into a contract that exceeds $150,000, then any such contract must include the
following provision:
Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251 - 1387), and will
32
report violations to FEMA and the Regionai Office of the
Environmental Protection Agency (EPA).
(28) SUSPENSION AND DEBARMENT
If the Sub - Recipient, with the funds authorized by this Agreement, enters
into a contract, then any such contract must include the following provisions;
i. This contract is a covered transaction for purposes of
2 C.F -R_ pt- 180 and 2 C.F.R. pt. 3000. As such the
contractor is required to verify that none of the contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates
(defined at 2 C.F,R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180 -935)-
(29)
ii. The contractor must comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C and must include
a requirement to comply with these regulations in any lower
tier covered transaction it enters into-
iii. This certification is a material representation of fact
relied upon by the Division. if it is later determined that the
contractor did not comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to the Division, the Federal Government may
pursue available remedies, including but not limited to
suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the
requirements of 2 C -F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C while this offer is valid and throughout the
period of any contrast that may arise from this offer. The
bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered
transactions.
BYRD ANTI- LOBBYING AMENDMENT
If the Sub- Recipient, with the funds authorized by this Agreement, enters
into a contract, then any such contract must include the following clause:
Byrd Anti - Lobbying Amendment, 31 U.S.C. § 1352 (as
amended). Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or
33
organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying
with non - Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient.
(36) CONTRACTING WITH SMALL AND MINORITY BUSINESSES.
WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS
A. If the Sub - Recipient, with the funds authorized by this Agreement,
seeks to procure goods or services, then, in accordance with 2 C.F.R. §246.321, the
Sub - Recipient shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
wheneverpossible
(t) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources.
(3) Dividing total requirements, when economically feasible into
smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits
which encourage participation by small and minority businesses, and women's business
enterprises;
(5) Using the services and assistance, as appropriate of such
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let. to
take the affirmative steps listed in paragraphs (1) through (5) of this section.
B. The requirement outlined in subparagraph A. above, sometimes
referred to as "socioeconomic contracting," does not impose an obligation to set aside
34
either the solicitation or award of a contract to these types of firms. Rather, the
requirement only imposes an obligation to carry out and document the six affirmative
steps identified above.
C. The "socioeconomic contracting" requirement outlines the affirmative
steps that the Sub - Recipient must take; the requirements do not preclude the Sub -
Recipient from undertaking additional steps to involve small and minority businesses
and women's business enterprises.
D. The requirement to divide total requirements, when economically
feasible, into smaller tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises, does not authorize the Sub -
Recipient to bream a single project down into smaller components in order to circumvent
the micro- purchase or small purchase thresholds so as to utilize streamlined acquisition
procedures (e.g. "project splitting").
(31) ASSURANCES.
The Sub - Recipient shall comply with any Statement of Assurances
incorporated as Attachment H.
(32) LEGAL AUTHORIZATION
The Sub - Recipient certifies that it has the legal authority to receive the
funds under this Agreement and that its governing body has authorized the execution
and acceptance of this Agreement. The Sub- Recipient also certifies that the
undersigned person has the authority to legally execute and bind Sub - Recipient to the
terms of this Agreement.
35
IN WITNESS WHEREOF, the parties hereto have execrated this Agreement.
SUB- RECIPIF�VT
Y:
Name acrd title: Mayor George Reagent
Date. 27 October 2017
Fll7# 59- 6000 749
��l �li;��I � � ■7:ZI ■7_1
DIVISION OF EMERGENCY MANAGEMENT
M
Ts
❑ a
� s
►Fame and itle �S '
te; 3 /t`
MONROE COUNTY ATTORNEY
A P AS TO RM:
CHRMINE LMERT- BARROWS
ASSISTANT COUNTY TTORNEY
DATE:
C
ATTACHMENT "A"
SCOPE OF WORK AND BUDGET
BACKGROUND
At 9.10 a.m. on September 10, 2017, Hurricane Irma made landfall near Cudjoe Key
as a Category 4 Hurricane with maximum sustained winds of 130 mph. At 3:35 p.m,
that same day, Hurricane Irma made a second landfall at Marco Island as a Category 3
Hurricane with maximum sustained winds of 115 mph (and with a reported gust of 130
mph). From there, Hurricane Irma continued north up the Florida peninsula before
finally exiting the State as a Tropical Storm on September 11
During its run up the peninsula, Hurricane Irma raked the State with high winds and
torrential rains, left over half the State without power, and caused record flooding on the
St. Johns River. At the peak of the storm, Florida operated 97 Special Needs Shelters
with 11,255 clients and a total population of 54,000.
�494_�
A. The Program Generally
To address to sheltering needs created by Hurricane Irma, the Federal Emergency
Management Agency ( "FEMA ") authorized Public Assistance ( "PA ") funding under
Section 403 of the Stafford Act for a Sheltering and Temporary Essential Power (STEP)
Pilot Program. Properly administered. STEP qualifies as an emergency protective
measure (Category B).
Work authorized under STEP is meant to provide the most basic, life sustaining
needs for emergency sheltering -- it is not meant to restore homes to their pre - disaster
condition.
Where safe and practicable, the STEP Program:
• Authorizes Federal reimbursement for emergency work and power restoration
in disaster - damaged single- family owner - occupied residences;
• Provides basic, minimal work to survivors' homes to allow survivors to shelter
in place for an extended period; and,
• Enables residents to return to or remain in their homes as a form of shelter
while permanent repairs are completed.
B. Program Goals
Within the communities impacted by the disaster, STEP
Eliminates or lessens immediate threats to lives, public health, or safety;
Eliminates or lessens immediate threats of significant additional damage to
37
improved public or private property in a cost- effective manner;
• Bridges the gap between immediate sheltering and long term housing;
■ Enables survivors to shelter at home (in lieu of a public shelter);
■ Allows survivors to remain in their communities;
• Lessens community disruption;
■ Reduces the number of individuals requiring assistance through other
temporary housing and emergency sheltering programs (e.g. congregate
sheltering or transitional sheltering assistance);
■ Reduces the need for temporary manufactured homes;
* Facilitates the return of public and private facilities to their pre - disaster
function (e.g. schools instead of public shelters; hotels instead of transitional
sheltering locations);
• Reduces the risk for further degradation of impacted homes:
■ Reduces to need for demolition;
Saves taxpayer money; and,
■ Expedites a community's recovery.
C. Eligible Repairs
All work under STEP must comply with local, State, and federal codes. Eligible
repairs under STEP are limited to:
■ Work necessary to provide essential electrical supply, HVAC, and hot water;
■ Work necessary to restore natural gas supply if required for HVAC, hot water,
and/or food preparation:
■ Work necessary to provide potable water supply - this may include well
decontamination if only source of potable water;
■ Weatherproofing to include roof, wall, and windows;
■ Securing broken windows, and repair or replacement of nonfunctioning
exterior and/or necessary interior doors;
• Removal of disaster - related debris to curbside necessary to safety enter,
inspect, and perform eligible emergency work, and safely shelter in place;
■ Minor interior and /or exterior work to provide safe access (e.g. stairs, ramps)
and living environment;
■ Drywall replacement for the purpose of safely covering any exposed electrical
work, or to ensure the home is properly insulated;
■ Ensure one useable bathroom vanity, sink, toilet, and tank;
■ Ensure functional kitchen facilities to include minimal cooking and
refrigeration appliances necessary to shelter in place (not to exceed $500)
and /or mini fridges for doctor prescribed medical needs;
■ Ensure safe and adequate sleeping accommodations for all household
members; and,
■ Items and work necessary to ensure safe shelter for individuals with access
and functional needs.
38
G.7.a
The following pictures provide examples of eligible repairs:
Qz
Packet Pg. 949
G.7.a
• 1.
-I
Packet Pg. 950
D. Program Limitations
STEP is only authorized for single family, owner- occupied residential properties
damaged by Hurricane Irma; it does not include recreational vehicles or houseboats.
Additionally, commercial properties and commonly owned areas, structures, or
equipment are not eligible for removal, maintenance, repair, or replacement under this
program. Also, to be eligible, owners of the properties must register with FEMA.
E. Program Cap
Emergency repairs under STEP must be reasonable and necessary and cannot
exceed $20,000 per residence. Additionally, the repairs must be limited to those that
make the home safe for sheltering purposes. If a home cannot be made safe for shelter
purposes for less than the cap, that property is not eligible for STEP assistance.
Additionally, if it is determined that a home is not suitable to safely shelter in place due
to the presence of toxic or hazardous materials, that property is not eligible for STEP
assistance.
F. Effect on other Forms of FEMA Assistance
STEP assistance is an emergency protective measure provided under FEMA's PA
Program. It support efforts to save lives and protect public health and safety, including
the provision of emergency sheltering; therefore, STEP emergency protective measures
do not affect a FEMA Individual Households Program ( "IHP ") applicant's eligibility for
repair or replacement assistance under FEMA's Individual Assistance ( "IA ") Program
and its implementing regulations.
Participation in STEP shall make a FEMA IHP applicant ineligible for further TSA or
other FEMA sheltering assistance, if authorized, once emergency work is completed
and the home approved for sheltering occupancy, except in limited circumstances when
the scope of emergency work was not properly completed.
There should not be overlap between the type and/or extent of damage that is
appropriate for STEP and the type and/or damage that would result in the need for
direct housing. Consequently, participation in STEP will generally preclude a participant
from also receiving an MHU, travel trailer, or other direct housing assistance.
G. Private Property Considerations
As an emergency protective measures conducted on private property, STEP is
eligible under the PA Program if.
The immediate threat is widespread, affecting numerous homes and
businesses in a community such that it is a threat to the health and safety of
the general public in that community;
The Applicant has legal authority to perform the work; and,
41
• The Applicant obtains rights -of -entry and agreements to indemnify and hold
harmless the Federal Government.
The First criteria (immediate threat) has already been satisfied in any county for
which FEMA has authorized STEP. However. the second and third criteria must be
satisfied going forward.
42
TASKS
NO CONSTRUCTION SHALL COMMENCE UNTIL THE SUB- RECIPIENT
COMPLETES TASKS 1 THROUGH 5.
Task 1 Administration:
No later than 15 days after execution of this Agreement. the Sub- Recipient shall
establish clear procedures for its administration of the STEP program, to include.
• Public outreach (to include photographs of eligible repairs);
• Site identification;
• Site inspections;
= Structure eligibility;
Repair eligibility;
■ Procurements;
■ Permitting;
Licensing requirements; and,
■ Rights of entry (see Attachment E );
Task 2 Public Outreach:
For the first 30 days following execution of this Agreement, the Sub - Recipient shall
conduct a public outreach campaign that:
• Highlights the goals of the STEP Program; and,
• Addresses program eligibility.
As part of the public outreach campaign, the following language must be included in any
outreach efforts:
"Work authorized under STEP is meant to provide the most basic, life
sustaining needs for emergency sheltering — it is not meant to restore
homes to their pre - disaster condition.
Survivors must register for FEMA assistance to participate in STEP.
Homeowners do not have to qualify for FEMA assistance in order to
participate in STEP, though it is strongly encouraged to register for
potential additional assistance.
STEP participants may register with FEMA online at
www.DisasterAssistance.gov or by calling 1 -800- 621 -3362 or 1- 800 -462-
7585 (TTY). Those who use 711 relay or Video Relay Service (VRS) may
call 800 - 621 -3362 directly."
Additionally, the outreach efforts must include the pictures included above.
43
Task 3 Identification:
No later than 30 days after execution of this Agreement, the Sub - Recipient shall identify
structures eligible for the STEP program. As part of the identification process, the Sub -
Recipient shall.
■ Identify the owner of th-e structure;
Confirm that the owner has registered with FEMA;
■ Determine whether the structure is a primary residence for the owner;
■ Obtain a Right of Entry ( "ROE ") for the structure and accompanying property
(see Attachment E );
• Conduct an inspection of the structure;
■ Identify the eligible repairs needed to transform the structure into an
emergency shelter;
• Determine if the eligible repairs needed to transform the structure into an
emergency shelter repairs can be completed for $20,000 or less; and,
■ Determine what permits, if any, would be necessary to conduct the
emergency repairs.
In order to establish the structure is the primary residence of the owner, the Sub -
Recipient must obtain one of the following (required by FEMA):
■ Utility Bill;
■ Merchant's statement;
■ Driver's License;
• Voter's Registration card; or,
■ Employer's Statement such as a wage or earnings statement.
In order to verify home ownership, the Sub - Recipient must obtain one of the following
(required by FEMA):
■ Structural Insurance;
■ Tax Bill or other tax records available through the tax office;
• Official's Records (notarized document confirming long -term ownership or an
original deed or deed of trust to the property listing the applicant as the legal
owner );
• Mortgage Payment Book;
■ Affidavit; or,
■ Title Number after viewing an official government document verifying the
home address and applicant to own the dwelling.
Additionally, no later than 30 days after execution of this Agreement, the Sub- Recipient
shall submit a list to the Division that lists the following (required by FEMA):
■ The number of ROE's obtained;
44
■ The number of properties inspected; and,
■ The number of properties withdrawn or determined ineligible upon inspection.
Task 4 Statement of Work:
No later than 15 days after the successful completion of Task #3, and for each structure
that will be transformed into an emergency shelter, the Sub- Recipient shall prepare a
Statement or Work that identifies
The actual, eligible repairs that will be conducted; and,
■ The total cost of the repairs.
The Statement of Work must be signed by the following:
The owner of the residence;
The contractor responsible for conducting the emergency repairs; and,
The Sub - Recipient.
Task 5 Division Approval:
No later than 30 days after the successful completion of Task #3, and for each structure
that will be transformed into an emergency shelter, the Sub- Recipient shall submit a list
to that Division that lists the following:
• Address of the structure;
■ Name of the structure owner;
■ Proof that the structure is the owner's primary residence;
■ Proof of ownership of the structure;
■ The owner's FEMA reg.stration number;
■ Confirmation that the Sib- Recipient obtained an executed Right of Entry from
the owner of the structure;
■
Certification that the Sub - recipient will apply for and obtain all necessary
permits prior to the start of construction as part of Task 6, as well as
certification that the Sub - Recipient will submit proof of permits as part of the
final inspection report in Task 7;
■
Confirmation that all necessary parties signed the Statement of Work.
Along with the list above, the Sub- Recipient shall provide a copy of the Right of Entry
and the Statement of Work for each structure. Within two (2) business days of receipt
of the list and accompanying documentation, the Division shall notify the Sub - Recipient
which structures on the list are approved by the Division for STEP repairs.
[167
Task 6 Construction:
After the Division notifies the Sub - Recipient of the structures approved under Task #5,
and no later than 60 days after the successful completion of Task #3, the Sub - Recipient
shall complete all emergency shelter repair measures identified in the Statement of
Work. The Sub - Recipient may use a contractor to perform the repairs; however, a
licensed Florida contractor shall supervise all work.
Task 7 Final Inspection:
Upon completion of the emergency shelter repair measures identified in the Statement
of Work, and no later than 90 days after execution of this Agreement, the Sub- Recipient
shall conduct a final inspection of the repaired structure. The Sub - Recipient shall
submit to the Division a final inspection report that:
■ Lists when work was in itiated;
■ ,Lists when work was completed:
+ Certifies that all emergency repairs identified in the Statement of Work were
successfully completed;
■ Certifies that all code compliance, safety inspection, and occupancy
requirements have been satisfied;
■ Lists the cost of the emergency repairs; and.
■ Lists the name of the contractor who performed the work.
As part of the final inspection report, the Sub - Recipient shall provide copies of the
building permits for each property.
Additionally, the final inspection report shall be signed by the following:
■ The owner of the residence;
The contractor who conducted the emergency repairs; and,
The Sub - Recipient.
DELIVERABLE:
Provided the Sub- Recipient successfully completes all of the Tasks identified above,
and provided the cost of emergency repairs does not exceed the amount listed in the
Statement of Work ($20,000 per residence), the Division will reimburse the Sub -
Recipient.
+ For the actual amount of emergency repairs successfully completed (subject
to the overall funding amount identified in paragraph 8 of this Agreement),
■ Minus one half of the non - Federal cast share for DR -4337.
For example, if the non - Federal cost share for DR -4337 is 25 %, then the Division will
reimburse up to 87.5% of the overall project cost as follows:
46
• 75% from the Federal government as outlined in the FEMA -State Agreement (as
amended); and.
• 12.5% from the State of Florida in accordance with section 252.37(5)(x), Florida
Statutes.
However, if the non - Federal cost share for DRA337 is 10 %, then the Division will
reimburse up to 95% of the overall project cost as follows.
■ 90% from the Federal government as outlined in the FEMA -State Agreement (as
amended); and,
■ 5% from the State of Florida in accordance with section 252.37 Florida
Statutes.
PROJECT WORKSHEET:
The Sub - Recipient may submit a single Project Worksheet ( "PW') to FEMA for all of the
STEP repairs conducted under this Agreement. The Sub- Recipient does not need to
submit a PW for each structure. If the costs qualify for reimbursement under the
Federal Rules, the Sub - Recipient may claim Direct Administrative Costs ( °DAC ") related
to STEP as a Category 13 emergency protective measure under FEMA's PA Program.
The $20,040 cap per structure only applies to the eligible repairs listed above_ The cap
does not include any DAC claimed by the Sub- Recipient.
The Sub- Recipient shall submit its PW to the Division within 90 days of the completion
of work at the final property address.
FINANCIAL CONSEQUENCES:
If the Sub - Recipient fails to comply with any term of the award, the Division shall take
one or more of the following actions, as appropriate in the circumstances:
Temporarily withhold cash payments pending correction of the deficiency by
the Sub - Recipient;
• Disallow all or part of the cost of the activity or action not in compliance;
■ Wholly or partly suspend or terminate the current award for the Sub -
Recipient;
t Withhold further awards for the program; or,
■ Take other remedies that may be legally available.
if the non - Federal cost share for DR -4337 is 10 %, then the Division will reimburse up to
95% of the overall project cost as follows:
■ 90% from the Federal government as outlined in the FEMA -State Agreement (as
amended); and,
■ 5°I� from the State of Florida in accordance with section 252.37(5)(a), Florida.
Statutes.
47
Attachment B
JUSTIFICATION OF ADVANCE PAYMENT
SUB- RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of p is requested. Balance of
payments will he made on a reimbursement basis. These funds are
needed to pity staff. award benefits to clients, duplicate terms and
purchase start -up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item
justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20 -2Q Anticipated Expenditures for First
(list applicable line items)
Three Months of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary
Administration.)
For examiple
PROGRAM EXPENSES
TOTAL EXPENSES
48
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification
explaining the need for the cash advance. The justification must include
supporting documentation that clearly shows the advance will be expended
within the first ninety (90) days of the contract term. Support documentation
should include quotes for purchases, delivery timelines, salary and expense
projections, etc. to provide the Division reasonable and necessary support that
the advance will be expended within the first ninety (90) days of the contract term
Any advance funds not expended within the first ninety (9 0) days of the contract
term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any
interest earned on the advance)
49
Attachment C
Warranties and Representations
Financial Management
The Sub - Recipient's financial management system must comply with 2 C.F_R_
§200.302,
Procurements
Any procurement undertaken with funds authorized by this Agreement must
comply with the requirements of 2 C.F.R. §200, Part D —Post Federal Award
Requirements -- Procurement Standards (2 C.F.R. § §200.317 through 200.325 ).
Business Hours
The Sub- Recipient shall have its offices open for business, with the entrance
door open to the public, and at least one employee on site, from:
Licensino and Permittin
All subcontractors or employees hired by the Sub - Recipient shall have all current
licenses and permits required for all of the particular work for which they are hired by
the Sub- Recipient.
50
Attachment D
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1 ) The prospective subcontractor of the Sub- Recipient,
certifies, by submission of this document,
that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency_
(2) Where the Sub- Recipient's subcontractor is unable to certify to the above
statement, the prospective subcontractor snail attach an explanation to this form
616M IIl�I "iora
By
Signature
Name and Title
Street Address
City, State, Zip
Sub - Recipient's Name
DEM Contract Number
Project Number
Date
51
Attachment E
Please use ballpoint or roller ball pens and print clearly
_- - - - - For FEMA /St Use ❑nly,
ROE No- _ ] Age of Structure:
GPS Long: � GPS Lat:
Remarks
RIGHT -OF -ENTRY PERMIT
Owner N ame
Insurance Company
Policy No. & Claim No.
i
Owner's FEMA Registration
Number i
Street Address
City/Town
County
Phone (Primary/Alternate)
The undersigned, ( "Owner "), hereby unconditionally authorizes the State, the United
States of America including the Federal Emergency Management Agency (FEMA), and
participating Voluntary Organizations Active in Disaster (VOAD ), and their respective
assigns, employees, agents, and contractors (collectively, with FEMA, the "Assistance
Providers ") to have the right of access and to enter in and onto the property described
above for the purpose of performing inspections and/or emergency protective measures
resulting from the declared flooding (FEMA DR- 4337 -FL) at no expense to Owner for
purposes of participating in the Sheltering and Temporary Essential Power (STEP)
Assistance Program.
It is fully understood that this Right of Entry Permit (ROE) does not create any obligation
on the part of the Assistance Providers to perform inspections or undertake emergency
protective measures to the Property. Owner understands that no emergency protective
measures will be performed until this ROE is completed in full.
1. Time Period: The ROE shall expire 180 days after signature unless sooner cancelled
according to the terms herein.
2. Inspection /Emergency Protective Measures Authorized: The ROE authorizes
inspection and emergency protective measures to the Property. Owner understands
that the Government, its employees, agents, contractors and/or representatives shall, in
their sole discretion, determine the extent of the required emergency protective
measures. If Owner disagrees with the nature or extent of proposed actions, Owner
52
may refuse any additional work and cancel this ROE at any time on the provided form
labeled "Right -of -Entry Permit — Request for Cancelation."
3. Documentation of Damage- The Assistance Providers will be photographing and
otherwise documenting damage and work completed under this program. However, the
Owner acknowledges that it is solely the Owner's responsibility to document damage for
potential insurance proceeds or additional assistance programs. If possible, the Owner
should photograph or otherwise document all damage before any work begins, is
repaired, and/or items are removed from the property. Lack of documentation may limit
subsequent proceeds or assistance.
4. Disclosures: By signing this FLOE, Owner acknowledges that none, some, or all of
the following work may be performed pursuant to this ROE and FEMA policy. Owner
further acknowledges that work may involve the use of raw, unfinished materials to
provide only emergency protective measures.
1) Work necessary to provide essential electrical supply, HVAC, and hot water;
2) Work necessary to restore natural gas supply if required for HVAC, hot water, andlor
food preparation;
3) Work necessary to provide potable water supply — this may include well
decontamination if only source of potable water;
4) Weatherproofing to include roof, wall, and windows;
5) Securing broken windows, and repair or replacement of nonfunctioning exterior
and/or necessary interior doors;
6) Removal of disaster - related debris to curbside necessary to safely enter, inspect,
and perform eligible emergency work, and safely shelter in place;
7) Minor interior andfor exterior work to provide safe access (e.g. stairs, ramps) and
living environment;
8) Drywall replacement for the purpose of safely covering any exposed electrical work,
nr to ensure the home is properly insulated;
9) Ensure one useable bathroom vanity, sink, toilet, and tank:
10 }Ensure functional kitchen facilities to include minimal cooking and refrigeration
appliances necessary to shelter in place (not to exceed $500) and/or mini fridges for
doctor prescribed medical needs;
11 }Ensure safe and adequate sleeping accommodations for all household members;
12)ltems and work necessary to ensure safe shelter for individuals with access and
functional needs.
5. Assistance Providers Held Harmless: The Owner acknowledges that the
Government's decisions on whether, when, where, and how to provide disaster relief to
Owner's property are discretionary functions. Owner recognizes that 42 USC §5148
states: "The Federal Government shall not be liable for any claim based upon the
exercise or performance of or the failure to exercise or perform a discretionary function
or duty on the part of a Federal agency or an employee of the Federal Government in
carrying out the provisions of this chapter." Additionally, the undersigned will indemnify
and hold harmless all Assistance Providers listed above for any and all liability, loss,
53
damage, or destruction of any type whatsoever to the above described property or to
personal property and fixtures situated thereon, or for bodily injury or death to persons
on the property, and hereby releases, discharges and waives any and all liability,
claims, demands, damages, injuries, losses, penalties, fines, costs, causes of action,
judgments, expenses, as well as any and all actions, either legal or equitable, which the
undersigned has, or that might arise, of any nature whatsoever and by whomever made,
or may have, by reason of or incident to any action of aforesaid Assistance Providers
taken to accomplish the aforementioned purpose. The Owner agrees that the State of
Florida, the Sub- Recipient aiong with its contractors, are indemnified and will be held
harmless from any death of or any injury to persons or damage to property as a result of
actions taken pursuant to the Florida /FEMA STEP Assistance Program.
6. Miscellaneous:
a. Owner represents and warrants that Owner has full power and authority to
execute and fully perform Owner's obligations under this ROE. Owner expressly
represents and warrants that fee title to the Premises is vested solely in Owner
Owner will provide supporting documentation of Ownership in accordance with
FEMA guidance before or at the time of signing this document_
b. This ROE includes the right of ingress and egress on other lands of the Owner
not described above, provided such ingress and egress is necessary and not
otherwise conveniently available to the Assistance Providers. All tools,
equipment, and other property taken upon or placed upon the property by the
Assistance Providers shall remain the property of the Assistance Providers and
may be removed by the Assistance Providers at any time within a reasonable
period after the expiration of this ROE, if necessary.
c. Owner understands that any individual who fraudulently or willfully misstates any
fact in connection with this ROE shall be subject to a fine as provided under 18
U.S.C. § 1001 or imprisoned for not more than five years or both. In addition, the
Owner understands that any individual who fraudulently or willfully misstates any
fact in connection with this ROE shall be subject to a repayment of funds to the
State of Florida or Monroe County, FL.
Privacy Act Statement: Privacy Act Statement: The Property Owner 1 Owner's
Authorized Legal Representative acknowtedge(s) that information submitted will be
shared with other government agencies, federal and nonfedera4, and contractors, their
subcontractors and employees for purposes of disaster relief management and for the
objectives of this Right -of -Entry . This form is signed in order to allow access to perform
emergency temporary repairs on the above- mentioned property and to authorize the
release of insurance policy and claim information,
54
Si natures and Witness
For the considerations and purposes set forth herein, my signature below confirms that I
have read this form, will abide by its terms, and agree to all terms stated herein. I certify
under the laws of the State of Florida and the United States that my answers are
truthful.
Owner Signature Date Co -Owner Signature (if applicable) Date
Phone Number
Owner's FEMA Registration Number
Phone Number
WITNESS
RIGHT -OF -ENTRY PERMIT - REQUEST FOR CANCELLATION
To cancel a previously- granted Right of Entry (ROE) permit, this cancellation form rnust
be signed by the Owner, and delivered to the Federal Emergency Management Agency
(FEMA) at a Disaster Recovery Center, by FAX to FEMA's National Processing Service
Center at 1- 800 - 827 - 8112,. Allow at least three (3) days to process. Alternatively, the
ROE may be cancelled at the Property site by obtaining the signature of the authorized
representative present when the crew appears for work. It is recommended that the
Owner make a copy of the signed cancellation prior to giving this form to the authorized
representative. The authorized representative will keep the original signed copy for its
records. Reproduction capability may not be available at the ROE collection points.
Phone -in and verbal cancellations will not be accepted.
By canceling the ROE, Owner acknowledges that inspections and emergency protective
measures may not be performed by the State, the United States of America including
FEMA, or participating Voluntary Organizations Active in Disaster (VOAD), and their
respective assigns, employees, agents, and contractors.
I have read and understand the foregoing statement concerning cancellation policies.
hereby certify that I request to cancel the foregoing ROE and my request for disaster -
related emergency protective measures.
Signature:
Owner
Printed Name.
Date Time
Address:
I hereby acknowledge receipt of the foregoing request for cancellation:
signature:
Authorized Representative Date Time
Printed Name,
Title:
(Indicate authorized organization & title)
5
AGREEMENT TO PARTICIPATE AND IMPACT ON OTHER FEMA ASSISTANCE
Sheltering & Temporary Essential Power (STEP) assistance, is provided to enable
disaster survivors to return to their homes to avoid the need for temporary housing or
sheltering (e.g., commercial lodging such as hotels and motels, public shelters, and
friends or family), Participation in the STEP program does not impact your eligibility for
repair, replacement, or permanent or semi - permanent housing construction assistance
under the individual and Households Programs. However, participants will no longer be
eligible for Transitional Sheltering Assistance and may no longer be eligible to receive
an MHU, travel trailer, or other direct housing assistance under section 408 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act.
I am choosing to participate in the STEP program and I understand that my participation
in the STEP program may impact my eligibility for other FEMA assistance
Signature:
Owner
Printed Name:
Date Time
Address:
�7
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EXAMPLES OF STEP EMERGENCY REPAIRS
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Attachment F
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable
provisions outlined in Appendix II to 2 C.F.R. Part 240. It is the responsibility of the sub -
recipient to include the required provisions. The Division provides the following list of
sample provisions that may be required:
60
WE QWdance
195
61
Pt. 203, App, It
Pt M, App- III
2 CFR Ch. 11 (I-l-IA Eciftlon)
62