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1st Task Order 04/12/2018TASK ORDER #1 FOR CATERGORY C ON CALL PROFESSIONAL ENGINEERING SERVICES FOR ENVIRONMENTAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. FOR HURRICANE IRMA RECOVERY - TEMPORARY DISPOSAL MANAGEMENT SITE (TDMS) SITE CLOSE OUT LIMITED ENVIRONMENTAL SOIL TESTING ANALYSIS RAMROD KEY, FLORIDA In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 12 day of April, 2017 between Monroe County, hereinafter referred to as the "County" and Amec Foster Wheeler Environment & Infrastructure, Inc. hereinafter referred to as "Consultant" or "Contractor" where design services are allowed if construction costs do not exceed $2,000,000 and study does not exceed $200,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies or add an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Task Order is effective April 11, 2018 and shall expire 60 days after the final deliverable to the County is submitted. Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: The Consultant will perform Four (4) soil sample analysis at the Temporary Debris Management Site located at 26351 Old State Road 4A, Ramrod Key, FL 33042 -5337 (RE #00114150 - 000000 and RE #00114090 - 000000) in accordance with the Florida Department of Environmental Protection Guidance for Establishment, Operation and Closure of Disaster Debris Management sites, dated October 4, 2016. The Scope of Work is as follows: • Collect a total Four (4) composite soil samples at an approximate depth of 6 -12 inches below surface for analysis of VOCs by EPA Method 8260, Semi volatile organics by EPA Method 8270, and 8 RCRA Metals by EPA Method 6010B. • The Consultant will prepare a report summarizing the analytical results and findings, and recommendations. The Consultant will contact the County for approval of funds if additional testing is required. Article VII, Paragraph 7.1.1 is amended to include the following: The Consultant shall be paid the below fee on a lump sum basis for the services described above: Soil Sample Analysis $ 5,000.00 Total (not to exceed) $ 5,000.00 Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 1 of 10 Article IX, Paragraph 9.5 is amended to read as follows: 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to CONSULTANT. If the COUNTY terminates .this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. Article IX, Paragraph 9.17 is amended to read as follows: 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title DX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 2 of 10 prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant 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, sexual orientation, gender identity, 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 Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 3 of 10 compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) 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. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non - compliance with the nondiscrimination clauses of this contract or with any of such 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 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. Article IX, Paragraph 9.21 is amended to read as follows: 9.21 PUBLIC RECORDS COMPLIANCE Consultant must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Consultant. Failure of the Consultant to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 4 of 10 costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Consultant does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Consultant. A Consultant who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 5 of 10 The Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292- 3470 BRADLEY -BRIAN a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. Article IX, Paragraph 9.31 is amended and added to include the following: 9.31 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 9.31.1 Davis -Bacon Act as amended (40 U.S.C. § §3141- 3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. § §3141 -3144, and § §3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 6 of 10 agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 1) 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. 2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other 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. 3) Breach. A breach 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. 9.31.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply 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 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 or transmission of intelligence. 9.31.3 Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 7 of 10 9.31.4 Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387) 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 report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended — applies to Contracts and subgrants of amounts in excess of $150,000. 9.31.5 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.31.6 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must 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 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 must 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 non - Federal award. 9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9.31.8 Americans with Disabilities Act of 1990, as amended (ADA) – The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 8 of 10 9.31.9 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible b. Affirmative steps must include: 1. 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. 6. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.31.10 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (TDMS) Close Out Limited Environmental Soil Testing Analysis Ramrod Key, Florida April 11, 2018 Page 9of10 the employment eligibility of all new employees hired by the subcontractor during the Contract term. The CONSULTANT is bound by the terms and conditions of the Federally- Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) and attached hereto as Exhibit A. The CONSULTANT shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONSULTANT's performance of work under this Agreement, to the extent allowed and required by law. IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. _ CONSULTANT: AMEC FOSTER WHEELER ENVIRONMENT STRUCTURE INC. d " , �- Signature Date ©FFicE N1,gN,Q� Title MONROE COUNTY: COUNTY ADMINS TOR Roman Gastesi Zs�Pal Date " " "' • MAGGIE PROENZA- KANAKIS Notary Public - State of Florida , • E My Comm. Expires Mar 20, 2019 y� Commission # FF 179176 Bonded through National Nolary Assn. �LL6 � �� MONROE COUNTY ATTORNEY t �`A b� TO ORM: r CHRISTINE LIMBERT - BARROWS ASSISTANT COUNTY ATTORNEY DATE: t- C21 1 Hurricane Irma Recovery - Rude Krause Temporary Disposal Management Site (rDMS) Close Out Limited Environmental Sod Testing Analysis Ramrod Key, Florida April 11, 2018 Page 10 of 10 EXHIBIT A Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) Contract Number: 20002 FEDERALLY - FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass - through entity considers a contract" As defined by 2 C_F.R. §200.74, "pass - through entity" means "a entity that provides a subaward to a Sub - Recipient to carry out part of a Federal program.' As defined by 2 C.F.R. §200.93. "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 defined by 2 C.F.R. §200.92, 'subaward' means "an award provided by a pass- through entity to a Sub - Recipient for the Sub - Recipient to carry out part of a Federal 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: Sub - Recipient's PA IDIFIPS Number. Sub - Recipient's unique entity identifier. Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub - Recipient by the pass- through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass - through entity: Federal award project description (see FFATA) Name of Federal awarding agency: Name of pass- through entity: Monroe County 087- 99087 -00 021771709 4337DRFLP0000001 9130/2017 9/10/2017 —03/1012018 $2,858.535.94 $2.858.535.94 $2.858.535.94 Grant to Local Government for debris removal emer enc Protective measures and repair or replacement of disaster damaged facilities Dent. of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Florida Division of Emergency Management (FDEM) Contact information fort ie pass- through entity: Catalog of Federal Domestic Assistance (CFDA) Whether the award is Research & Development: Indirect cost rate for the Federal award: Number and Name: 2555 Shumard Oak Blvd. Zallahassee, FL 32399 -2100 . 97.036 Public Assistance NIA See by 44 C.F.R. 207.5 b 4 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: A. The Sub - Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. 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 r below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub - Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 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. (2) LAWS, RULES. REGULATIONS AND POLICIES 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. As required by Section 215.971(1), Florida Statutes, this Agreement includes: I. A provision specifying a scope of work that clearly establishes the tasks that the Sub = Recipient is required to perform. ii. 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. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub - Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. 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 must be refunded to the Division. c. In addition to the foregoing, the Sub- Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rile, or regulation in no way implies that no other statute, rule, or regulation applies. (3) 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 shall serve as the Division's liaison with the Sub - Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub - Recipient performance; and, ii. Review and document all deliverables for which the Sub - Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Lililita Forbes 2555 Shumard Oak Blvd. Ste. 360 Tallahassee, FL 32399 -2100 Telephone: 850- 815 -4419 Email: Lililita .Forbes @em.myfiorida.com c. The name and address of the Representative of the Sub - Recipient responsible for the administration of this Agreement is: Laura deLoach -Hartle 1100 Simonton St., Ste. 2 -213 Key West, FL 33040 -31.10 Telephone: 305 - 292 -4482 Email: deloachhartle4aura @monroecounty -fl.gov 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 in writing via letter or electronic email. It is the Sub - Recipient's responsibility to authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the Designation of Authority (Agents) in Attachment D may authorize addition or removal of agency users. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this agreement must be executed incorporating the Project as identified by number, budget, and scope of work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for the Project. (7) SCOPE OF WORK The Sub- Recipient -shall perform the work in accordance with the Budget and Project List — Attachment A and Scope of Work. Deliverables and Financial Consequences — Attachment B of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end six (6) months from the date of declaration for Emergency Work (Categories A & B) or eighteen (18) months from the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance with the provisions of Paragraph (1:7) 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. §200.309, 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. (9) FUNDING a. This is a cost - reimbursement Agreement, subject to the availability of funds. b. 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 Project List "). The maximum reimbursement amount for the entirety of this Agreement is two million, eight hundred fifty -eight thousand, five hundred and thirty -five dollars and ninety -four. cents ($2,858;535.94). IN d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, sinned by an official who is authorized to legally bind the Sub - Recipient which reads as follows: "By signing this report, I 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 claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729 -3730 and 3801 -3812) e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub - Recipient in FloridaPA.org.against a performance measure, outlined in Attachment B, Scope of Work, Deliverables, and Financial Consequences, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable: f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal ", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared. It also remains consistent with the requirement, contained in 2 C.F.R. §200.301., that the Division and the Sub - Recipient "relate financial data to performance accomplishments of the Federal award." g. 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 authorized by the Federal Awarding Agency, and 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: They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal awards; and, 7 iii, 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. h. 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 112,061, 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: L 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, ii. Participation of the individual in the travel is necessary to the Federal award. i. 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. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: 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, ii. 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. (10) RECORDS a. As required by 2 C.F.R. §200.336, 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 Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and 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 five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5 -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. ii. When the Division or the Sub - Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass- through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass- through entity, the 5 -year retention requirement is not applicable to the Sub - Recipient. V. 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. vi. 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. 6 f. As required by2 C.F.R. §200.303, the Sub - Recipient shall take reasonable measures to safeguard protected personally identifiable information and 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 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. r 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 to and objectives of the Budget and Project List — Attachment A, Scope of Work — Attachment B, and all other applicable laws and regulations. (11) 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 ( "GAGAS "). As defined by 2 C.F.R. §200.50, GAGAS, "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. 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: DEMSingle—Audit@em.myflorida.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 -SAC to the Federal Audit Clearinghouse by submission online at: hfp: //harvester. census .govlfac /collect/ddeindex.html h. The Sub - Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle Audit @em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub- Recipient shall provide the Division with quarterly reports and a close -out report. These reports shall include the current status and progress by the Sub - Recipient and all subcontractors in completing 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 closeout report is due sixty (60) days after termination of this Agreement or sixty (60) 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 (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Project List — Attachment A, and Scope of Work — Attachment B. 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 G — Public Assistance'Program Guidance. (13) 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 B 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 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 kj 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. (14) 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 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(19), 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 is 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. (16) 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 (16); 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 it 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 unable 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 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. 13 (16) REMEDIES . If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub - Recipient and upon the Sub- Recipienrs 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 least 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 (3) 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: Request additional information from the Sub - Recipient to determine the reasons for or the extent of non - compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii.. Advise the Sub - Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. 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 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. (17) 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 (30) calendar days prior written notice. t 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 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 Su,b- Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub - Recipient is determined. (18) 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 200.326 as well as Appendix II to 2 C.F.R. Part 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 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 II 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 t5 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: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above: and, ii. 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 Il 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 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 identities 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 executes a subcontract after receiving a communication from the Division that the subcontract is non - compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, . ii. 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. 16 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." h. 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: Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. 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; viii. Engage in any arbitrary action during the procurement process; or, ix. 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. L "[Ejxcept 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(1)(a), Florida Statutes. k. The Sub - Recipient shall conduct any procurement involving requests for 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 with small and minority businesses, women's business enterprises, and labor surplus area firms "). (19)ATTACHMENTS I 7 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 shalt control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: I. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Project List iii. Attachment B — Scope of Work, Deliverables, and Financial Consequences iv. Attachment C — Certification Regarding Debarment v. Attachment D — Designation of Authority vi. Attachment E — Statement of Assurances vii. Attachment F — Election to Participate in PA Alternative Procedures (PAAP) viii. Attachment G — Public Assistance Program Guidance ix. Attachment H — FFATA Reporting X Attachment I — Mandatory Contract Provisions . A. Attachment J — DHS OIG Audit Issues and Acknowledgement xii. Attachment K — Justification of Advance Payment (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest - bearing account unless otherwise governed by program specific waiver. If an advance - payment is requested, the budget data on which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment K — Justification of Advance Payment. The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier within (30) days, along with any interest earned on the advance. 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. b. 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 thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. An explanation 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 (12) of this Agreement. c. 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 E 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 Sub - Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this agreement, subject to.the exhaustion of appeals, are due no later than thirty (30) days from notification by the Division of funds due. FEMA oniy allows thirty (30) days from deobligation for the funds to be repaid before it will refer the amount to the FEMA Finance Center (FFC) for collection. b. The Sub- Recipient understands and agrees that the Recipient may offset funds due and payable to the Sub - Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub - Recipient via the entry of notes in FloridaPA.org. c. 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 d. In accordance with Section 215.34(2), Florida 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. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the 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. IM d. The Sub- Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 el , which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local 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 entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub - Recipient which receives funds under this Agreement from the federal government, certifies, to the best'of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. 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; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. 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 C) for the Sub - Recipient agency and 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, letters or other material subject to the 20 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 unless otherwise governed by program specific waiver. 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 ( "INAI]. 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. I. All unmanufactured and manufactured 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. 10a, 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 for costs associated with certain lobbying activities. b. Section 216.347, 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 belief: 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. ii. 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 zi connection with this Federal contract, grant, loan or cooperative agreement, the Sub - Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its Instructions. iii. The Sub - Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub - Recipients shall certify and disclose accordingly. iv. 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) COPYRIGHT. PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB - RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub - Recipient has a pre - existing patent or copyright, the Sub - Recipient shalt retain all rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention 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 discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub - Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub - Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub - Recipient shall 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 or copyright. The Sub - Recipient shall retain all rights and entitlements to any pre - existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. 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- 22 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. (25) 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. (26) EOUAL OPPORTUNITY EMPLOYMENT a. 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 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. ii. 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, a 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. 23 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, and by rules, regulations, and orders of the.Secretery 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. vi. 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 204 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. b. The Sub - Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when d 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. c. 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. 24 d. The Sub - Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order.11246 of September 24, 1965, 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 II, 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. (27) 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: L 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 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 breach 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. (28) 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 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 forty (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 forty (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 25 purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) 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 -7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT Per 2 C.F.R. 200.213 Suspension and debarment, non - Federal entities are subject to the non - procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded. from or ineligible for participation in Federal assistance programs or activities. 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 issequired to verify0at 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). 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 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 contract 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. (31) 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 F 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 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.:§ 9352. Each tier shall also disclose any lobbying with non - Federal funds that lakes place -in connection with obtaining any Federal award: Such disclosures are forwarded from tier to tier up to the recipient. (32) 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. §200.321, 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 whenever possible Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. 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; iv. Establishing delivery schedules, where the requirement permits which encourage participation by small and minority - businesses, and women's business enterprises; V, 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 vi. Requiring the prime contractor, if subcontracts. are to be let, to take the affirmative steps listed in paragraphs I. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside 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 break a single project down into W1 smaller components in order to circumvent the micro - purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. 'project splitting "). (33) ASSURANCES. The Sub - Recipient, shall comply with any Statement of Assurances incorporated as Attachment E. 2s IN WITNESS WHEREOF, the parties hereto SUB - RECIPIENT MOT OE COUNTY 11 CLERK Name and title: IDAV cc Mao D� Date: Ma -Gn 2, l 18 FEID# 59- 6000749 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Wesley Maul, Director Date: MONROE COUNTY ATTORNEY APP O D AST FORM a TINE LIMBERT= BARROWS ASSISTANT Cntj�tfY VORNEY DATE: � EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB- RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic. Assistance: 97.036 Amount of Federal Funding: $ 2,858,535.94 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C_F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U.S,C. 5121 et seq., and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Federal Program: Sub- Recipient is to use funding to perform eligible activities in accordance with the Public Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub - Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE. Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included on pg. 1 of this subgrant agreement and in Exhibit 1 be provided to the Sub- Recipient. 0 Attachment A Budget and Project List Budget: dget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that the Federal Emergency, Management Administration (FEMA) has obligated for a Sub - Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s) that have been obligated are: DR4337 Sub - Recipient: MONROE COUNTY PW # Cat Project Title Estimated Total Fed % Federal Share State Share Local Share Total Funding 22(0) B Farce Account Labor first 30 days $2, 667, 613.65 100% $2,667,613.65 0 0 $2,667,61165 39(0) B Fire Rescue Medical Supplies $106,46529 100% $106,465.29 0 0 $106,46529 41(0) B Temporary Sanitary Facilities Rentals for 100 $60,949.50 100% $60,949.50 0 0 $60,949.50 48(0) B Temporary fence $23,507.50 100% $23,507.50 0 0 $23,507.50 DR -4337 Total $2,858,535.94 31 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work Complete eligible Projects for emergency protective measures, debris removal, repair or replacement of Disaster damaged facilities. When FEMA has obligated funding for a Sub - Recipient's PW, the Division notifies the Sub - Recipient with a copy of the PW (or P2 Report). A Sub - Recipient may receive more than one PW and each will contain a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables Large Projects Reimbursement requests will be submitted separately for each -Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub- Recipient prior to acceptance for payment_ Reimbursement up to 95% of the total eligible- amount will be paid upon acceptance and contingent :upon: • Timely submission of Quarterly Reports (due 30 days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement) at least quarterly and supported by documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project, whichever: occurs first. An explanation 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 7 of this agreement. • Timely submission of Request for Final Inspection (within ninety (90) days of project completion — for each project). • Sub - Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms G702 and G703, as required below. o A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's project personnel with each reimbursement request attesting to the following: the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and . regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms GM and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Recipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by the Division, signed. by the contractor and inspection /certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. KN Five percent (5 %) of the total eligible amount (including Federal, state and local shares) will be withheld from payment until the final Request for Reimbursement (or backup for advance expenditure) has been verified as acceptable: by the Division's grant manager, which must include dated certification that the Project is 100% complete. Further, all required documentation. must be available in FloridaPA.org prior to release of final 5 %, to include permits, policies & procedures,. procurement and insurance documents. Small Projects Small projects will be paid upon obligation of the Project Worksheet. Sub- Recipient must initiate the Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than the period of performance and date. Small Project Closeout is initiated by logging into FloridaPA.org, selecting.the Sub - Recipient's account, then selecting 'Create New Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and 'Save'. The final action is to Advance the form to the next queue for review. Financial Conseauences: For any Project (PW) that the Sub - Recipient fails to complete in compliance with Federal, state and local requirements, the Division shall withhold a portion of the funding up to the full amount. Any funds advanced to the Sub - Recipient will be due back to the Division. 33 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor 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 contract shall attach an explanation to this form. CONTRACTOR By: Signature Sub - Recipient's Name Name and Title Street Address City, State, Zip DEM Contract Number FEMA Project Number Date 34 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub - Recipient's Primary Agent and_Alternate Agent to access the FloridaPA.org system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the system;. not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have .been granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will lock them out. Each user must log in within a 60-day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1:' "Authorized Agent" — This should be the highest authority in your organization: who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have full access /authority unless otherwise requested). Block 2:: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reportsfrequests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed and this contact will have full access). Block 3: " Altemate Agent" — This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed and this contact will have full access). Block 4, 6, and 6: "Other" (Finance /Point of Contact, Risk Management - Insurance, and Environmental - Historic). Providing these contacts is essential in the coordination and communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 —12: "Other" (Read Only Access) — There is no limit on "Other" contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as. individuals with the "Other Read -Only" designation cannot take any action in FloridaPA.org. 35 DESIGNATION OF AUTHORITY (AGENTS) FEMAIGMANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EdIERGENCY NIANAGENIEa \T Sub - Grantee: Box 1:. Authorize(( Agent (Full Access) Boz 2: Primary Agent (Full Access) Agent's Name Agerit's Name Signature Signature Organization /Official Position Organization / Official Position Mailing Address Mailing Address City, Stale, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Box 3: Alternate Agent (Full Access) Box 4: Other - Finance /Point of Contact (Full Access) Agent's Name Official's Name Signature Signature Organization I Official Position Organization f Official Position Marling Address Moiling Address City. State, - Lip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E -mail Address Box 5:" Other -Risk Mgmt- Insurance (Full Access) Box 6: Other - Environmental- Historic (Full Access) Agent's Name Agent's Name Signature Signature Organization t Official Position Organization/Official Position Mailing Address Mailing Addrcss City, State, Zip City, Slate, Zip Daytime. Telephone Daytime Telephone E -mail Address E -mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub = grantee for the purpose of obtaming certain Grantee and Federal financial assistance under the Robert T StatTord Disaster Relief & Emergency Assistance Act, (Public Law 93 -288 as amended) or olhenvise available. 'these agents are authorized to represent and act for the Sub - Grantee in all dealings with the State of Flonda, Grantee, fir all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub- gramee Additional contacts may be placed on page 2 of thisdocument for read only access by the above Authorized Agents. Sub - Grantee Authorized Agent Signature Date _� 01 DESIGNATION OF AUTHORITY (AGENTS) FENIA /GRANTEE PUBLIC ASSISTANCE PROGRAdI FLORIDA DIVISION OF ENIERGENCI' MANAGEMENT Sub - Grantee: Date: Box 7: Other (Read Only Acccss) Box 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailine Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization / Official Position Organization / Official Position Mailine Address Mailing Address City, Stale, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Box 11: Other (Read Only Access) Box. 12: Other (Read Only Access) Aaenl's Name Agent's Name Signature Signature Organization /Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Sub - Grantee's Fiscal Year ( FY) Start: Month: Day: Sub - Grantee's Federal Employer's idcnliftcution Number (EIN) - Sub- Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub - Grantee's: FIPSNumber(IfKnown) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover Updates may be made by email to the state team assigned to your account A new form will only be needed if all authorized representatives have separated from youragency. Be aware that submltinga new DcsignaiionafAuthority affects thecontacts.that have been listed on previous Designation forms in that the information in floridaMorg will be updated and the contacts listed above will replace, not supplement. the contacts on the previous list- REV 09-09 -2017 DISCARD PREVIOUS VERSIONS iE Attachment E STATEMENT OF ASSURANCES 1) The Sub - Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A41, A -87, A -110, A- 122, and A -128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.R Part 200; that govern the application, acceptance and use of Federal funds for this Federally assisted project: 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub - Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub- Recipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the- person identified as the official representative of the Sub - Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each .Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible, in accordance with the criteria contained in 44 C.F.R. § 206; and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub - Recipient further assures it will: a. Have sufficient funds available to meet the non - Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost.. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant programs) have been met, all contracts meet Federal, State, and local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications, and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and -of -way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee /Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for M themselves or others, particularly those with whom they have family, business, or other ties. h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as. amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects. (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and.. ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such.properties. 1. Give the sponsoring agency or the Comptroller General, through any authorized representative;. access to and the right to examine all records, books, papers, or documents related to the.grant. j. With respect to demolition activities: 1. create and make available documentation sufficient to demonstrate that the Sub - Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. return the property to its natural state as though no improvements had been contained thereon; iii. furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub - Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida .Department of Environmental Protection, and the appropriate'County Health Department; iv. provide. documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. provide supervision over contractors or employees employed by the Sub - Recipient to remove asbestos. and lead from demolished or otherwise applicable structures;. vi. leave the demolished site clean, level, and free of debris; vii. notify the Grantee /Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; A comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii. provide. documentation of public notices for demolition activities. U &J k. Require facilities to be designed to comply with the "American Standard Specifications - for Making Buildings and Facilities Accessible to; and Usable by the Physically Handicapped," Number A117.1 -1961, as modified. The Sub- Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program,.if required to maintain one, where the application is for $500,000 2Q or more. M. Return overpaid funds within the forty -five, (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee /Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a .finding of discrimination after a due process hearing. on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to.the Office for Civil Rights, .Office of Justice Programs.. 4) The Sub - Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally- assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain.political - activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed -in whole or in part by Federal grants. - c. Provisions of 18 U.S.C. §§ 594, 598, and 600 -605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work' Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one -half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be,paid one and one -half times their basic wage rates for all hours worked in excess of the. prescribed work -week. g. Anti- Kickback Act of 1986, which outlaws and prescribes penalties for "kick- backs" of wages in Federally financed or assisted construction activities. h. Requirements 'imposed by the Federal sponsoring, agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an.area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. j. Insurance requirements of Section 314, PL 93 -288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FE MA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance. reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets.Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or. the Victims of Crime Act, as appropriate; the provisions of the current - edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all .other applicable Federal laws, orders, circulars,. or regulations, and assure the compliance of all its Sub - Recipients and contractors. 1. Provisions of 28-C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondisedmination/.Equal Employment, Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy. and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, Department of Justice Non - Discrimination Regulations; and Department of Justice regulations on disability discrimination, and assure. the compliance of all its Sub - Recipients and contractors. p. Provisions of Section 311, P.L. 93 -288, and with the Civil Rights Act of 1964 (P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees /Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or - activity for which the Sub - Recipient receives Federal financial assistance and will immediately take any measures necessary to .effectuate this agreement.. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub - Recipient, this assurance shall obligate the Sub - Recipient or in the case of any.transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. m r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of ail appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; Ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act. (P.L. 97 -348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff /termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514 (NEPA).. iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898 (Environmental Justice)_ 5) For Grantees /Recipients other than individuals, the provisions of the DRUG -FREE WORKPLACE as required by the Drug -Free Workplace Act of 1988. 42 This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and /or other Federal financial assistance extended to the Sub- Recipient by FEMA. The .Sub- Recipient understands that such Federal Financial assistance . will be extended in reliance on the representations and agreements made in this Assurance and that both .the United States and the Grantee /Recipient have. the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Sub - Recipient, its successors, transferees, and assignees FOR THE SUBGRANTEEISUB- RECIPIENT : Signature Tina Boan, Sr_ Director Budget & Finance 03/05/2018 Printed Name and Title Date 43 Attachment F Election of Participation in Public Assistance Alternative Procedures. (PAAP) Pilot Program Should the Sub - Recipient desire to utilize the Public Assistance Alternative; Procedures provisions of the Sandy Recovery Improvement Act (Division 8_ of P.L. 113 -2), execution of a Supplemental Funding Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub - Recipient.prior to the payment of such funds by the State as the Recipient. Payments processed under the Alternative Procedures provisions will be requested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will, however, be treated as an advance for purposes of Requests for Reimbursement (RFRs) and satisfaction of the requirement that ninety percent (90 %) of previously advanced funds must be accounted for prior to receiving. a second advance. In order to elect to participate in the PAAP program for one of the following options, you must read the. Guidance found at hthis: /Iwww.fema.gov /alternative- procedures and then complete the required documents on the following pages. The documents can be found under the Permanent Work section of the webpage in editable .pdf format if preferred. PAAP for Debris Removal (Category A) Required Documents: • Public Assistance for Alternative Procedures Pilot Program for Debris Removal Acknowledgement htti)s:llwww.fema.gov/mediti-libra!y-data/l 504811965699 - 24dfda9ae3e22d450582563bdb62e0f1 /APPENDIX A Revised for limited slidino scale 8 -23- 17 pdf PAAP for.Permanent Work (Categories C -G) Required documents: Fixed Subgrant Agreement Letter https://www.ietna.gov/media-library-data/1388154577585- 398aea786c6aedbdG48c371270fd7b22/508 PA Alternative Procedures Pilot Program Perman ent Work Fixed Subgrant Agreement Letter%2012- 13- 13.pdf • Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement https://www.fema.gov/media-libraM-data/l 388155802544- 1162gc7Bf83O8b5c4l2Odebi35460129!PA Alternative Procedures Pilot Program Permanent Work Acknowledgement %2012- 13- 13.pdf All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures, FAQs, Archived; Docs, etc.) may be found at: https 15868 Note. PAAP Pilot Program Guide for Debris Removal (Version-5) published June 28, 201.7 contains the following changes. The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for one year to June 27, 2418. As part of the extension, FEMA will only authorize the sliding scale provision in events with significant debris impacts. The other three provisions available under the Pilot remain unchanged. For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot's sliding scale provision to high impact incidents that meet the following criteria: high concentration of localized damage; 44 large quantities of debris (over $26M or 1.5 million cubic yards); and disasters declared very soon after the incident (8 days) to incentivize rapid debris removal. This guide . is applicable to disasters declared on or after June 28, 2017. The changes to the sliding scale provision are applicable to disaster; declared on or after August 28, 2017. This version of the pilot guide supersedes the previous pilot.guide for debris removal (W) which was published June 28, 2016. 45 Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program. As a representative of :the subrecipient, we elect to participate in the following: ❑ Accelerated Debris Removal - increased Federal cost share (sliding scale) x Recycling Revenue (subrecipient retention of income from debris recycling without award offset) x One -time incentive for a FEMA- accepted debris management plan and identification of at least one pre - qualified contractor x Reimbursement of straight time force account labor costs for debris removal 1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its debris removal subawards. 2. For the sliding scale, the subrecipient accepts, responsibility for any costs related to debris operations after six months from the date of the incident unless, based on extenuating circumstances, FEMA grants a time extension. 3. The subrecipient acknowledges. that FEMA may request joint quantity evaluations and details regarding subrecipient operations necessary to assess the pilot program procedures. 4. All contracts must comply with local, state, and Federal requirements for procurement, including provisions of 2 CFR Part 200. 5. The subrecipient must comply with all Federal, state and local environmental and historic preservation laws, regulations, and ordinances. 6. The Office of Inspector General. Signatur of Subrecipient's Authonz� audit any subrecipient and/or subaward. Representative Tina Boan. Sr. Director Budaet & Finance Printed Name and Title Monroe County Sub - Recipient Name PA ID Number ❑ We elect to m p articipate in the Alternative Procedures for Debris Removal. FIXED SUBGRANT AGREEMENT LETTER DATE: To Address: To FEMA: As a Public Assistance (PA) Sub - Recipient (PA ID 1 , in accordance with Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, we agree to accept a permanent work subgrant based on a fixed estimate in the amount of $ for subgrant number (copy attached) under Disaster # We accept responsibility for all costs above the fixed estimate. We understand that by participating in this pilot program we will be reimbursed for allowable costs in accordance with 44 GFR § 13.22(b) — "Applicable cost principles", the reimbursement will not exceed the fixed estimate. We also understand that by agreeing to this fixed estimate, we will not receive additional funding related to the facilities or sites included in the subgrant. We also acknowledge that failure to comply with the requirements of applicable laws and regulations governing, assistance provided by FEMA and the PA alternative procedures pilot program guidance (such as procurement and contracting; environmental and historic preservation compliance; and audit and financial accountability) may lead to loss of Federal funding. Signature of Sub - Recipient's Authorized Representative Printed Name and Title Signature of Grantee's Authorized Representative Date Date Printed Name and Title 11 Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program. As a representative'of, the Sub - Recipient, our agency understands the following: 1. We plan to participate in the following elements: ❑ Subgrants based on fixed estimates, and as the Sub - Recipient, accept responsibility for costs above the estimate ❑ Consolidation of multiple fixed subgrants into a single subgrant ❑ FEMA validation of Sub - Recipient- provided estimates ❑ Elimination of reduced eligible funding for alternate projects 0 Use of excess funds C Review of estimates by an expert panel for projects with a Federal share of $5 million or greater 2. The pilot is voluntary, and a Sub - Recipient may participate in alternative.procedures for one or more large project Subgrants, 3. If the Sub - Recipient accepts a fixed subgrant estimate, the Sub- Recipient understands they are responsible for all costs. greater than the fixed amount. 4. The Sub - Recipient agrees to notify the Grantee regarding the specific use of excess funds. 5. All contracts must comply with local, State, and Federal requirements for procurement, including provisions of 44 CFR Part 13. 6. The Office of Inspector General may audit any Sub - Recipient and /or subgrant. 7. EHP review must be completed for all subgrants, including cases where new scopes of work would require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this requirement may lead to loss of Federal funding. 8. The. Sub - Recipient may submit appeals in accordance with 44 CFR §206.206. However, FEMA will not consider appeals solely for additional costs on fixed subgrants. Signature of Sub - Recipient's Authorized Representative Date Printed Name and Title Sub - Recipient Name PA ID Number Ll We elect to not participate in the Alternative Procedures for Permanent Work. 48 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'S /RECIPIENT'S WEB -BASED PROJECT MANAGEMENT SYSTEM (FloridaPA.ora1 Sub - Recipient s must use the Grantee's/Recipient's web -based project management system, FloridaP.A.org, (available at www.P.loridaPA.org) to access and exchange project information with the State throughout the project's life. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests; time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub- Recipient. The Sub - Recipient is required to have working knowledge of the FloridaPA.org system, PROJECT DOCUMENTATION The Sub - Recipient must maintain all source documentation supporting the project .costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project..In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website. Contact the grant manager with questions about -how and where to upload documents, and for assistance linking common documents that apply to more than one (1) PW. The Sub - Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period.of five (5) years from the date of the Sub - Recipient account closeout by FEMA. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time it is acquired must be retained for five (5) years after final account closeout. Records relating to.the acquisition of real property must be retained for five (5) years after final account closeout. INTERIM INSPECTIONS Interim Inspections may be requested by the Sub - Recipient, on both small and large projects, to: i. conduct insurance reconciliations; ii. review an alternate scope of work; iii. review an improved scope of work; and /or iv. validate scope of work and/or cost. Interim Inspections may be scheduled and submitted by the Recipient as a. request in FloridaPA.org under the following conditions: 1. a quarterly report has not been updated between quarters; ii. the Sub - Recipient is not - submitting Requests for Reimbursement (RFR's) a timely manner, 49 iii. requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and /or iv. there are issues or concerns identified by the Recipient that may impact funding under this agreement. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the.Sub- Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub - Recipient should notify the Recipient within sixty (60) days of Project completion, The Sub - Recipient should include the following .information with its closeout request: Certification that project is complete; • Date of project completion; and • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Sub - Recipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount, the Sub - Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does -not re- evaluate the cost - effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub - Recipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance provided at httD://www.fema.gov/alternative-procedures Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a, Small Project, FEMA does not adjust the approved amount of an individual .Small Project. This applies even when FEMA obligates. the PW based on an estimate and actual costs for completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub - Recipient did not complete the approved SOW; • The Sub - Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or • Actual insurance proceeds differ from the amount deducted in the PK In these cases, FEMA only adjusts.the specific cost items affected. If none of the above applies, the Sub - Recipient may request additional funding if the total actual cost, of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub - Recipient must request the additional funding through the appeal process, described in the 50 PAPPG Chapter 3:IV.0, within sixty (60) days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and /or outside of the approved performance period cannot be reimbursed. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work Is 18 months from the declaration date. ID� dllnes f - Corn tfo�n Iva e ' e e e Emergency Work 6 Permanent Work 18 If the Applicant determines it needs additional time to complete the project, including'direct administrative tasks related to the project, it must submit a written request for a time extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and • The project timeline with.the projected completion date The State (FDEM) has the authority to grant limited time extensions based on extenuating circumstances or unusual project requirements beyond the control of the Sub - Recipient. It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those funded under the PAAP Accelerated Debris Removal procedure and projects for temporary facilities. With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations (such as short construction window) • Inclement weather (site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time - extension • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved RE SOW and. the completed work is distinct from the uncompleted work, FEMA only deobligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only deobligates the amount:related to the facility that the Applicant did not restore. Request should be submitted prior -to current approved deadline, be specific to one project, and include the following information with supporting documentation; • Dates and provisions of all previous time extensions • Construction timeline / project schedule In support of requested time • Basis for time extension request: • Delay in obtaining permits ■ Permitting agencies involved and application dates • Environmental delays or limitations (e.g., short construction window, nesting seasons) • Dates of correspondence with various agencies • Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a request does not automatically grant an extension to the period of performance. Without an approved time extension from the State of FEMA (as applicable), any expenses incurred outside the P.O.P: are ineligible. INSURANCE The Sub - Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and /or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub - Recipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and /or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). As a condition of funding under this Agreement pursuant to 44 C.F.R. §§ 206.252 -253, for damaged facilities, the Sub - Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA. does not require insurance to be obtained and maintained for projects where the total eligible damage is less than $5.00 MO In addition to the preceding requirements, the Sub- Recipient under - stands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, "Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub - Recipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or necessary to protect against future loss" to an. insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds from the current disaster." If the. State Insurance Commissioner certifies that the type and extent of insurance is not 'reasonably available, adequate or necessary to protect against future loss" to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. The Sub - Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252 -253. 52 The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the. date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets _and of any entitlement to compensation or indemnification from such insurance. The Sub - recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub - Recipient understands and agrees - that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. DUPLICATION OF BENEFITS The Sub - Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub - Recipient receive any other duplicate benefits from any source whatsoever. The Sub - Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Sub - Recipient has received payment from the Recipient. The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the - source, which could reasonably be considered as duplicate benefits. In the event the Recipient determines the Sub - Recipient has received duplicate benefits, the Sub - Recipient gives the Grantee/ Recipient and /or the Chief Financial Officer of the State of Florida, the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub - Recipient, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. COMPLIANCE WITH PLANNINGIPERMITTING REGULATIONS AND LAWS The Sub - Recipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub - grantee /Sub- Recipient, and any land use permitted by or engaged in by the Sub - grantee /Sub- Recipient, must be consistent with the local government comprehensive plan. The Sub - Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, Out not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub - Recipient must engage such competent, properly licensed, .engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. FUNDING FOR LARGE PROJECTS Although Large project payment must be based on documented actual costs, most Large Projects. are initially approved based on estimated costs. Funds are made available to the Sub - Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information 'to FEMA for its consideration for final funding adjustments (See Closeouts). The submission from the Sub - Recipient requesting this reimbursement must include; a) a Request for Reimbursement (available in FloridaPA.org); 53 b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloddaPA.org and is automatically created when the Request for Reimbursement is submitted. (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and c) the FDEM Cost Claim Summary Workbook (found in the Forms section of FloridaPA.org), along with copies of original documents such as contract documents, invoices, change orders, canceled. checks (or other proof of expenditure), purchase orders, etc. ADVANCES Payments under the Public Assistance Altemative Procedures Program (PAAP) are paid as an Advance Payment, Notwithstanding Paragraph 9) Funding, in the Agreement, these payments are not bound by Section 216.181(16), Florida Statutes, 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A -87, A -110, A -122, and the Cash Management Improvement Act of 1990. 2. AI( advances must be held in an interest- bearing account with the interest being remitted to the Recipient as often as practicable,, but not later than ten (10) business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA) the Sub - Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay: The Sub - Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Sub - Recipient must complete a Request for Reimbursement (RFR) via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a spec project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub - Recipient, not exceeding the Federal share, only if the Sub - Recipient meets the following conditions: a) the Sub - Recipient must certify to the Recipient that Sub - Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Sub - Recipient must submit to the Recipient the budget supporting the request. 8. The Sub - Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety (90) days after receipt of the Advance; 9. The Recipient may, in its sole discretion, withhold a portion of the Federal and /or nonfederal share of funding under this Agreement from the Sub - Recipient If the Recipient reasonably expects that the Sub - Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub - Recipient was improper. 54 DESIGNATION OF AGENT The Sub- Recipient must complete Attachment D by designating at least three agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Sub - Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub - Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub - Recipients agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because M contacts are not updated, notifications made from FlorldaPA.org may not be received and could result in failure to meet time periods to appeal a Federal Wetermination. DUNS O &A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine -digit identification number provided by Dun & Bradstreet (D &B). The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a. DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization_ How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants /prospective applicants. Call the number below between 8 a.m and 5 p.m., local time in,the 48 contiguous states and speak to a D &B representative. This process will take approximately 5 —10 minutes and you will receive your DUNS number at the conclusion of the call. 1- 866 - 705 =5711 What do I need before./ request a DUNS number? Before you call D &B; you will need the following pieces of information: • Legal Name • Headquarters name and address for your organization • Doing business as (dba) or other name by which your organization is commonly recognized • Physical address • Mailing address (if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. 55 How do I see if my institution already has a DUNS number? Call the toll free number above and indicate that you are a Federal grant and /or cooperative agreement applicant. D &B will tell you if your organization already has a number assigned. If not, they will ask if.you wish to obtain one. Should we use the +4 extension to the DUNS number? Although D &B provides:the ability to use a 4 -digit extension to the DUNS number, neither D &B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there.anything special that we should do for multi- campus systems? Multi- campus systems can use what is called a parent DUNS number to aggregate information for.the . system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. Does the DUNS number need to be included. on individual fellowship applications? Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the application. Individual Kirschstein -NRSA fellowships that propose training at Federal laboratories do not require a. DUNS number. What does the DUNS number have to do with the Central Contractor Registry (CCR), soon to be the Business Partner Network (BPN)? Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically. through Grants.gov. Your organization will need a DUNS number in order to register in the CCR. The. CCR is the central registry for organizations that have received Federal contracts. If your organization has received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that your organization information is up to date. For more information about the CCR, please visit the CCR web site at: www.ccr.gov. What should we do if our institution has more than 9 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Does this apply to non -US organizations? Yes, this new requirement applies to all types of grantee organizations including foreign, non - profit, for profit as well as for state and Federal government agencies. Does this apply to non - competing progress reports? No. This new requirement applies only to competing applications. Are there any exceptions to the new DUNS number rules? Individuals who would personally'receive a grant or cooperative agreement award from the Federal government apart from any business or non- profit organization. they may operate are exempt from this requirement. Also individual Kirschstein -NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done. by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically this request would come from the finance /accounting department or some other department that conducts business with a large cross section of the institution. 5& We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included in any marketing list. What can we do? Inclusion.on a D&B marketing list -is optional. If you do not want your name%rganization included on this marketing list, request to be de- listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet . special phone number 1. -866 -705 -5771. If you have questions concerning this new Federal -wide requirement, contact Sandra Swab, Office of: Federal Financial Management, 202 -395 -3993 or via e-mail at sswabta'�.omb.eor).00v Substitute Form W -9 For the purpose of this Agreement, a Sub - Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W -9. The purpose of a Form W -9 is to provide a Federal Taxpayer Identification Number (TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc_), and other taxpayer information to the State. Submission of a Form W -9 ensures that the State's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue Service Form W -9. Effective: March 5, 2012, State of Florida agencies will not be, permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W -9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W -9 on the State's Vendor Website at https: / /flvendor.mvfl6ridacfo-com 57 Attachment H'- FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT.(FFATA) . INSTRUCTIONS AND WORKSHEET PURPOSE: The Federal Funding Accountability and Transparency Act ( FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http.i /www.usaspending.gov /. The FFATA Sub - award. Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ( "FDEM" or "Division ") must use to capture and report sub -award and executive compensation data regarding first -tier sub - awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American. Recovery and Reinvestment Act of 2009, Pub, L. 111 -5). Note: This 'Instructions and Worksheet° is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub- awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to. the FDEM prior to the FDEM's issuance of a sub- award (Agreement) that obligates $25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT M N/A — Do not Complete FUNDING AGENCY, Federal Emergency Management Agency AWARD AMOUNT: $ Federal share amount only OBLIGATION /ACTION DATE: date. awarded to State of Florida SUBAWARD DATE.(if applicable): DUNSM DUNS# +4: `If your company or organization does not have a DUNS number, you will need to obtain one from .Dun & Bradstreet at 866- 705 -5711 or use the web form (http: / /fedgov.dnb.com/Webform). The process to request a DUNS number takes about ten minutes, and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE O F BUSINESS ADDRESS: ADDRESS LINE 1: 58 ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE +4" PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA #): DESCRIPTION OF PROJECT (Up to 4000 Characters) Complete eligible Projects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE +4•• CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: "Providing the Zip +4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION 1. 1. In' our business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts). and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency. Act? Yes ❑ No 0 N the answer to Question 1 is "Yes," continue to Question 2 !f the answer to Question 9 is "No'; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 19861 Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpllwww.sec.gov /answers /execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the.local IRS for further assistance.] If the answer to Question 2 Is "No" FFATA reporting Is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" 59 appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives ", in rank order, In your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions ". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: I. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non - equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change In present value of defined benefit and actuarial pension plans. V. Above- market earnings on deferred compensation which is not tax - qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank (Highest to Lowest ) Name (Last, First MI _ Total Compensation for Most Recently Title Completed Fiscal Year 1 2 3 - 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN 1S ACCURATE. SIGNATURE: NAME AND TITLE: DATE; 60 Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract fundeOby this Agreement must contain the applicable provisions outlined in Appendix II to 2 CFR Part 200. 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: M F1.200, App. II agency'a Federal awards may Include. Pro- viding thin Infor atlan Leta a potential ap• pUcaut Identify any roqulroments with which It would have dltacmlty complying If Its Applbatlon Is successful. It those cares, early notification about therequlrementa St. lows the potcathl appllCaet to decide rat to apply or to take needed actions before re• colving the Federal award. The announce• louL need not Include all of the tertta and conditions of the Federal award, but may refer to it document (with Information about bow to obtalo It) or Internet site where ap- plicaots can see the tcrtne led walltions. If this funding opportunity will lead to Federal awards with some special terse and cosdl. tlons that differ from the Federal awudinc assay's usual (eomntlam called "eeeeral ") terms and conditions. this section should highlight those special term and conditions. Doloc so will alert applicants that have re- celvsd Federal awards from the Federal awarding agency previously and might not otharwim expect different terse and condl. dons. For the ease reason, the announce - ment should Inform potential applicants about special requirements that could apply to particular Federal awards after the review of applications and Aber Information, based on the tartk du eimmmtaaccs of the effort to he rapported (eg.. if hutma aohiecta were to be Involved or It some situations may jus- tify Special Terms on Intellectual property, data abating or eeenrity regnimmenta). 7. Rrperftnf- Rrgvbcd. Thh section most Include general in(atmation shout the type (e.r., financial or perfarrsnco), frequency. and means of snbmissfou (paper or else - tronle) of post - Federal award reporting re' qui em eats. Highlight any apecW reporting requirements for Federal awards under this landing opportunity that differ (eq.. by re- port type. frequency, forniformtst, or clr- camwtaneea for two) from what the Federal awarding agency's Federal awards smelly require. Federal awarding agencies mtet also deacrmo In this section all relevant require. meats such ns those At 2 CFR ISOMS and 2 CFR M.M. If the Fcde al ebare of any Fedoralt award imy Include more than 7500.0W over the I.- rind of pctfotmapce, thin section neeSt In. form potential applicants about the post award reporting requirements rtnected in Appendix XII -Award Term and Condition for Reoipreat rategrity mad Perbrtraaca Matters. G INMERAL AwAWING AGENCY CtWtAtT(B)- RDMRM The atmeounatrnat mast give potential ap. PHcanta A FO1Mq0 of contact for answering questions or belpint with problems while the funding opportunity is open, The Intent of this rerpdrament Is to be m helpful as lm slblo to pntantW applicants, so the Federal 2 CFR Ch. 11(1 -1 -17 Edlllon) awaiting agency should consider approaches Much an giving: 1. Points of contact wbo may be reac d In nwltiple WAYS (e.g- by telephone, FAX, and! or email: as well as regular mall). 11. A fax or email address that multiple people accen, so that someone will respond oleo If others are unexpectedly absent dur- 12c critical periods, Ill. Different contacts for dhtluet kinds of help (e.g- one for quettlons of pogranurntlo content and It Second for adrnimstrutiva questfopy. H. OTRLR DMORHATiaN- 0MOCAL This section any Include any adMttonal la(orttntlon' that will a®ht a potential air plicmnt. For example, the section tWcbt 1. Indicate whether this is a new taosram er a oae-tlrm Initiative. U. Mention related programs or other up. comfot or ongoing Federal awarding agency Iundleg opperiunittex for shailar activities. III. Include Current Internet addresses for Federal awarding agency Web sits that may be %*vial to as applicant in undentandiM the program. Iv. Alert appllcants to the need to Identify proprtstarq laformstion and - Infoem them about the way the Federal awardlrg ageecq will handle It. v. Include Certain routine notices to appll- tanto OZ., that the Federal Covernment is not obligated to make any Federal award as a result of the announcement or that only Vents olfiCers can bled the Federal Govern. moot to the oxpeodltura of fonds)', 178 FR 78t M Dec. 28, Wis. as a_ tnebdcd at to VR Mill. July 22, 20161 ArrcNmx It To PART 200 - CONTRACT PRDY1810118 FOR NON - FEDERAL E!M- - CONTRACM UNDIM FEDERAL AWARDS In addition to other provisions 'requlred by the Federal agency or non- Federal entity. All contracts made by the nan- Federal entity under the Federal award must contain provi- 21cas covering the following, as applicable, (A) Contracts toe men than the alaxpilfied acqulaltlom throshmtd currently set at III50A00, which 10 the Illation adlustod amount determined by the Civilian Agency Acquisition Codaell and the Defense Acga(ai- tlon Regulaudah Camcll (catmcils) as an. ttxwlted by sl U.D.U. fit®, moat Sddresa ad- ndulatrative, contractual, or legal remedies In Inatanera where matractors violate or bench contract tarts, and provide for such oaaetlom and penalties as appropriate. (s) All contracts in oleo" of 310.0m must address term instton for cause and for me. v Wence by the mn , Federal entity including the saner by which It will be effected and the basis (M scul am ent- .1-1 62 We GUwance (C) Equal Employment Opportunity, Ex• cept as otherwise provided under 41 CFR Part ED. all contracts that meet the danat- tlon of "federally assisted construction coa- uuct" In 41 CFR Put 60 -1.8 mu" Include the equal opportunity clause provided - under 41 CPR 60-1.401 In accordance with Executive Order 11349. "Equal Employment OpPor- Welty" (30 FR 12319.12M. D OM Put,1DDi- 1985 Comp., p. 339), no amended by Executive Order 11375, "Amending Executive order 11246 Relating to Equal Employment Oppor• Welty," and Implementing regulations at 41 CFR. part 6D, "Office of Federal Contract Compllanae Ptcgramst. Equal Employment Opportunity, Departmrent of labor." (D) Lkrvls -Bacon Act, as amended NO U.S,C. 314147140). When required by Federal program Isgiaiation, all prima construction Contracts In excess of 37.000 warded by non - Federal entities trust include a provision for compll ante with the Davls41)acon Act (40 U.S.C. 31413144. end 214847148) me oupplemxonted Department of Labor regulations (28 CFR Put b, "Labor Standards Provisions APO - cable to Contracts Covering Federally. Fi- nsnced and Assisted Construction "). In ac- cordanCe with the statute, Comtrnct.ors rauat be required W pay hates to laborers and me- chanics at a rate not leas than the prevalllnt wages specified In it wage determination made by the Secretary of labor. In addition. convectors must be required to M wages tat less than once a week. The non - Federal entity must place a copy of the current pro. vatting wage determination Issued by the De- partment of Labor. in each solicitation. The dechrlon W award s contract or subcontract nest be Conditioned upon the acceptance of the wage determination. The non - Federal so. tier mmsL report all suspected or- reported violations to the Federal awarding agency, The contracts nutst also include a protdalae for compliance with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supple- mented by Department of Labor regulations (29 CFR Part 3. "Contractors and Sub- contractors on Public Building or Public Work Financed In Whole or In Part by Lease or Ornate from the United States "), The Act paovidea that each contractor or -sub - recipient toast be prohibited from inducing. by any nets, any person entpdoyed in the. construction, completion, or repair of public work, to give cop any tart of the cangm na. Lion to which he or she is otherwise entitled. The non - Federal entity must report oil srts- pected or ag seported vlobtiou to the Federal auarding age hay. - (E) Contract Work Hours and Safety Standards Act (40 U,8.0. 21013408), Where applicable, all contract* awarded by the 'non. Federal entity in excess of $100.000 that In. volve the employment or mechanics or labor- ers most Include a provision for compliance with 40 U.S.C, 3702 and 3701, as supplemented by Department of Labor regulations (20 CFR P1.200, App. 11 Put S). Under 4D U.S.C. 3144 of the Act, each contractor must be required to compute the wages of ovary techanio and laborer on the basis of a stamlard work week of 40 home. Work In exceac of the standard work week is permissible provided thai the worker Is com- pensated at a rate or not Jew than one and a half ttnes the basic rate of fey foe all boars worked in excess of 40 hours in the work week. The requirements or 40 U.S.C. moi are applicable to construction work and provide that no laborer or mechanic most be rc• qulred to work to surroundings or under working conditions which are unsanitary. hanrdou or dangerous. These requirements do not apply to the purcbmem of supplies or materials or articles ordinarily available on the open market, or contracts for trampor- tation or transmission of intelligence. (1) Rights W Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR 1401.2 (a) and the recipient or sabrecipient wishes to enter Into a contract with a small business firm or nonprofit orxa- citation regarding the substitution of par ties, assignment or performance of expel• mental, developmental, or research work under tbaz "fundlne agreement,' the recipi. cot or subreciptent must comply with the re- qutroments 0137 CFR Part 401, "Reghta to In. ventiom Made by Nonprofit CrgaWcations and Small Haziness Firma Under Covers meat Grants. Contract& and Cooperative Agreements." and may Implementing regula- tlooa issued by the awarding agency_ (G) Clean Air Act (42 U.S.C. 4401 7faq.) maid the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1204). as amended— Contracts and subgraats of amounts in exteaa of $180.000 nnaL contain a provision that requires the man- Federal award to agree to Comply with all applicable stanttarda, orders or regnla• Once Issued pursuant to the .Clean Air Act (43 U.S.C, 7491- 7971q) and the Federal Water. Pollution Control Act as amended (33 U.S.C. 1251- 12d7).•Vlolations taut be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (13PA). (if) Debarment and Suspension (Executive Orders 12548 and 12881n —A contract award (see 3 CFR 180130) must not be made to par. ties Ilated on the governmentwide exaluslona to the. System for Award Management (SARI). In accordance with the OMB guide- lines at 2 CFR 180 that Implement Executive Orders 12549 (3 CFR part 1080 coin.. P. 189) sad 12089 0 CFR part IM Comp.. P. 235). "Dobarnaent and Suspension;" RAM Exclu. atone 0ontalas the nomes of parties debarred, suspended, or otherwise excluded by scan. cles. as well as parties declared IneHelble under statutory or regulatory authority other than Executive Order 125(9. (D Byrd Anti- L.obbyint Amendment (31 U,S C. 1352)—Contractoma that apply or bid 201 W PL 200, App. 111 edr an award e2ceeaing 3109.000 most llle the reriulrel certiflaUna. Each tier certifies to the tier above that It will not and line not used Federal appropriated fonds to pay any person or organlratina for Influencing or at- tempting to Infioebte "an officer or employee of any agency, a member of Congress, officer or employee of Concrete, or an employee of a mwrnbex of Coagmraa In connection with ob- talulng any Federal contract, grant or any other award coveted by 31 U,6_4 1353. Each tier mist also disclose any Iobbyine with nen•F.d.ral rush that takes place In com- neelfaa with obtaining any Federal award, Sash dlselanttee we forwarded from tier to Orr up to the non - Faders! award. (J) Bee 12MM Procurement of m vexed mhatertala. 174 FR TUN. loo. 20, 2017, sa amended at 79 1'R TSM. Dec. 2P. 20141 APPENDIX III To PART 2W— INm Ecr (MA) Com DUt?mriCAT1oic AND ABm aNHENT. AND RATE DCfBRMINA- T FOR N I ftriwTlotlm OF H II)HER s:ucATto.4 (IREm) A. GENERAL Thin appendix provlden criteria, for Meaal- bi ng and computing Indirect (or Indirect (FAA)) rates at IM (institutions). indirect (FAA) costs are those that are Incurred for common or joint oblectivea and therefore cannot be Identified-readily and apwiflcalfy with a particular sponsored project, an In• ns uroctloaal Activity, or any other Ititm• banal activity. Bee subsection R.I. Aefial- tion of Facil(tia and Admpnistrnttoo, for s diecaeelon of the compobebta of Indirect (V&A) mate. r. Major ikncflons of an huttfutton Peters to Instruction. organized reeoatch, other sponsored activities And other loaUut• tioaal Activltlss As defined in this section. a Indrudim tarns the teschine and i ttaatmg activities of an Institution. Except krr research training u provided In amb. socUoa b, this term Include all teacblag and trai Activities. whether they are offered far crodlta toward a deare or certificate w on a non -crypt basis. mad whether they are offered through regular academic depart- meats or aepnata dlrielono, such as • mum ter .cheat di.lalon or an extenslon division. Also consldaod part of this major AWC0013 Ara departaarntal research, Aid, where agreed to, ualverelty reseereh. (1) SPVUtored ferductlon and training mean sVMM iwtnectlusal ar training activity ea. mblishtd by grant, contract. or cooperativa Agreement. For Purposes of the east Isla. elplm, this activity may be comidared A major function even though an Institution'. 2 CFR Ch. 11 (1 - 1 - 17 Edition) accounting treatment may lactado in the lastructlon ninctlea. (2) D",inrntal research "areas meseareb, development and schdanly activities that are not organized teeearch and. ma• aequently, are not separately budgeted and accounted for. Departmental tosearch. for purposes of this document. Is not considered an a major function, but as a.)nrt of the In- struction, atnotlon of the institution. (3) only mandatory cost sharing or cost sharing zpKVIcally committed In the project budget Rgmst be facluded In the or UMEd re- search bwa for emmpoting the lndtrect (F&A) cwt rats or reflected Is any allocation of In- direct costa. Mary mats above statutory Rrmlte rue not c met et shartne. b. Ortran(ad Yotorch men= all research and development activities of An InstltuUca that are separately budgeted sad accounted far. It Dacludw.. (1) Spoeeatd research meaty all research and development utivittes that are spun. eared by Federal and aon-Foderal agencies and atgaaleaticns. This term Includes activi - tiee faroivine the training of Individaale to terareh techniques (mmmrnlr ca)ted re- search trsdningi where such uctivitles utilise the moo facilities Aa other reoeareb and de- reioprteat sctivitla and When sob actirl ties are not included In the lostractlau Awc• tlon. (2) Univerairif research means all research and doveWpmont satlllties that are -pa ratolr budgeted and accounted for by the io- atltution under an internal application or la- atituttobal foods, university research, for purposes of this docament, met be enta- bloed With speoawed research undrr the function of orgaaizod rsaearcb. a- Other sponsored 40vmfcs meson procrnrro and projects nuanced by Federal sod non - Federal agencies and organizations which fn: valve the Performance Of work other than In atructlon Lad organized research. Examples of such pograme, cad project. are health service project4 and community acrvieo pro. crafts. However, when Lay of theme actirittea are undertaken by the iastltutiea without outside support. they nay be clarified as other Institutional antmuea d. Other ir1Mfutl4a4f aettatBa means all ac Ilvluf or as Instituting .tempt for laatruc- tlon, departmental research. organised re- erareh. and other Sponsored actiritlee, u de. fined la fhb cotton; hnfirect (FAA) amt no- Uvltles Identified In this Appendix para- graph R, Identtflattomand assignment of in- direct (FAA) coats; and specialized services fmilltla described in 1200.4til Bfa cialjud svrvhce facilities of this Part. Rxamvlee of other tnstitatlobal Activities Include optratlon of mldeuce halt., dining battle. hospitals oral clialm student unions. Intercollegiate athletics, bookstores, faculty hondog, student aprtmeeta, greet hou , vhapeta, theaters, pmhlla n- aeunw. and other RUN 64 Attachment J . DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG).was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where:Grantees /Recipients or Sub- Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices, 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women's owned Firms were all given fair consideration. 4. Improper " cost - plus -a- percentage -of- cost" contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG- 16409 -0 dated July 1, 2016. The following may be reasons. for the disallowance or total de- obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4_ Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. B. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.) that can be readily retrieved. 65- • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate, FEMA project with that amount. • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal-Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and. usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the "Scope of Work." I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues. Monroe County 03105/2018 Sub- Recipient Agency Date Signature Tina Boan Sr. Director Budget & Finance Printed Name & Title 66 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ) ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay, pending obligations for eligible work. 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. BUDGET CATEGORY /LINE ITEMS (list applicable line Items) 20_ 20 Anticipated Expenditures for First Three Months of Agreement Example: PW#00001(0) Contract Work $1,500,000.00 (provide detailed justification). TOTAL EXPENSES 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 (90), days of the contract term must 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).