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Hurricane Irma Road Repair 05/16/2018' »- Ou 1 r P GOURT \� ; ":. A � Kevin Madok, cPA r J r at poi........ Clerk of the Circuit Court & Comptroller — Monroe County, Florida R UE co DATE: May 23, 2018 TO: Abra Campo, Executive Administrator County Attorney FROM: Sally M. Abrams, D.C. SUBJECT: May 16 BOCC Meeting Approved Agenda Items Attached are electronic copies of the executed agenda items listed below for your handling (hard copies to follow, if supplied). C21 - Board granted approval and authorized execution of Amendment 2 to the Agreement between Monroe County and Anderson Outdoor Advertising for the installation and maintenance of bus shelters on US 1 to add indemnification of the Florida Department of Transportation as required by Section 337.408 F.S., update the Public Records Compliance wording and update Exhibit A - Bus Shelter Locations. C22 - Board granted approval and authorized execution of a Contract with EAC Consulting, Inc. for Engineering Design, Permitting and Post Construction Services for the 1st Street /Bertha Street (Key West) Project in the maximum not to exceed amount of $451,126.16. D9 - Board granted approval and authorized execution of a Task Order with CSA Central, Inc. for Engineering Design and Permitting Services for the Hurricane Irma Roadway Repairs Project. This Task Order is being awarded in accordance with the Continuing Contract for On Call Professional Engineering Services in the maximum not to exceed amount of $92,800.00. Please contact me at extension 3550 with any questions. cc: Originating Department Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305- 294 -4641 305 - 289 -6027 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND CSA CENTRAL, INC. FOR HURRICANE IRMA ROADWAY REPAIRS PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 17th day of January, 2018, between Monroe County hereinafter referred to as the "County" and CSA Central, Inc. hereinafter referred to as "Consultant' where professional services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies 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 on the 16th Day of May, 2018. In accordance with Article II Scope of Basic Services, Paragraph 2.1, the Scope of this Task Order is as follows: The scope of services will include Engineering Design and Permitting Services for the Hurricane Irma Roadway Repairs Project, included as Exhibit A. 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 or FDEM) and attached hereto as Exhibit B. In accordance with Article VII, Paragraph 7.1 Payment Sum, the Payment Sum of this Task Order is as follows: The Consultant shall be paid monthly based on hourly rates per the continuing services contract and estimated staff hours as follows: Personnel Estimated Hours Hourly Rate Total Project Engineer 4 $175.00 $700.00 Project Manager 36 $150.00 $5,400.00 Senior Project Engineer 72 $140.00 $10,080.00 Environmental 60 $120.00 $7,200.00 Engineer 104 $120.00 $12,480.00 Senior Technician (CADD) 200 $65.00 $13,000.00 Technician (CADD) 276 $50.00 $13,800.00 Professional Surveyor Mapper 96 $110.00 $10,560.00 2 Man Survey Crew 160 $85.00 $13,600.00 Survey Technician 64 $70.00 $4,480.00 GIS Analyst 20 $75.00 $1,500.00 Total Not To Exceed Amount $92,800.00 Hurricane Irma Roadway Repairs Project May 16, 2018 J A total not to exceed amount of ninety two thousand eight hundred dollars and zero cents ($92,800.00) will apply. Article V, INDEMNIFCATION AND HOLDHARMLESS, shall be amended to add Paragraph 5.6 to read as follows: The CONSULTANT shall hold the Florida Division of Emergency Management 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. Article IX, Paragraph 9.5 Termination 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 9.8 MAINTENANCE OF RECORDS is amended to read as follows: CONTRACTOR shall maintain all books, records, and documents directly pertinent to Hurricane Irma Roadway Repairs Project May 16, 2018 performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Article IX, Paragraph 9.17 NONDISCRIMINATION 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 IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which 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. 12101), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article Il, 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 41 C.F.R. Part 60 (Office of Hurricane Irma Roadway Repairs Project May 16, 2018 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 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, Hurricane Irma Roadway Repairs Project May 16, 2018 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. IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. (Seal) Attest: B Title CSA Ce a nc By: Title (SEAL) Attest: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: 1 � By: Deputy Clerk Mayor /Chairman Date: 0 '�—v / ( 10 C9 i ,J MONROE COUNTY ATTORNEY U- R��VED AS FORM: .. ( �V 0 . I— CHRISTINE LIMBERT- BARROWS �L 0� :Z ASSISTANT CD1JNTY A TORNEY C CD DATE: Q C n , \ Q v L m _ _:a Hurricane Irma Roadway Repairs Project May 16, 2018 EXHIBIT A Scope of Services Hurricane Irma Roadway Repairs Project May 16, 2018 SCOPE OF SERVICES Monroe County requires Engineering Design and Permitting Services for roadway repairs as a result of damages sustained from Hurricane Irma. A general scope of work for these repairs includes but is not limited to providing plans with details for roadway shoulder reconstruction, embankment slope reconstruction, asphalt removal and roadway reconstruction, milling and resurfacing, guardrail repairs and possible mitigation such as riprap revetment to prevent future similar conditions and associated permitting. All repairs are to be in accordance with the latest Florida Greenbook and FDOT standards. If necessary, provide assistance with any needed NEPA requirements due to FEMA funding. The proposed repairs are located in the following areas: Lower Keys • Site 1 — Sugarloaf Blvd., Sugarloaf Key Site 2 — Long Beach Dr., Big Pine Key Upper Keys • Site 3 — Seagrape St., Duck Key • Site 4 — West Seaview Lane, Duck Key • Site 5 — Marina Ave., Key Largo Hurricane Irma Roadway Repairs Project May 16, 2018 CSA Group A Full Service Project Delivery Company Program & Project Management Environmental Services Architecture & Engineering Construction Management Operations & Maintenance April 26, 2018 Mr. Clark Briggs Senior Project Administrator Monroe County Engineering Services 1100 Simonton Street Key West, Florida 33040 Re: Monroe County Roadway Repairs On Call Professional Engineering Services (Task 1— Roadway Repairs at Lower Keys) (Task 2 — Roadway Repairs at Upper Keys) Dear Mr. Briggs: Thank you for giving us the opportunity to assist you through the required engineering services needed to implement some roadway repairs of Monroe County's roads due damages as a result of hurricane Irma. A general scope of work would consist of providing a set of plans with details for shoulder reconstruction, embankment slope reconstruction, asphalt removal and roadway reconstruction, milling and resurfacing, and possible mitigation such as riprap revetment to prevent future similar conditions. The proposed repairs are located at the following areas: Lower Keys • Site 1 - Sugarloaf Blvd. at Sugarloaf Key • Site 2 - Long Beach Dr. at Big Pine Key Upper Keys Site 3 - Seagrape St. at Duck Key Site 4 - Marina Ave. at Key Largo Site 5 — West Seaview Lane at Duck Key CSA Central, Inc. (CSA Group) is excited for the opportunity to collaborate with the County in these projects and any other needs in the near future. Per our agreement dated January 17, 2018, we are proposing the following tasks to attend your need as discussed on our meeting held on March 21, 2018. TASK 1: Prepare 100% plans based on accepted concept plans for Lower Keys This Task will include two sites. Site 1 is located at the Sugarloaf Blvd. in Sugarloaf Key. The proposed work includes the shoulder reconstruction and embankment slope rework. Mill and resurface adjacent travel lane. Also in the opposite direction unpaved shoulder and embankment slope rework per Florida Greenbook Standards and FDOT Design Standards. Also, exist some signing affect by the hurricane. We will prepared documentation describing the work to be performed, quantities in order to negotiate the construction per Monroe County procurement process. Site 2 is located at the Long Beach Dr. in Big Pine Key. The proposed work includes the restoration of roadway side slopes per Monroe County Standards mentioned above, partial roadway reconstruction on several location identified during our site visit, pavement marking on those areas will be required. Since this zone is so close to a wetland, we Florida • Maryland • New Jersey • New York • Ohio • Pennsylvania • Washington, D.C. • Panama • Puerto Rico 8200 N.W. 41" Street I Suite 305 1 Doral, FL 33166 Tel: 305.461.5484 Fax: 305.461.5494 www.csagroup.com Mr. Clark Birggs �� April 26, 2018 4141 Page 2 of 5 CSA Group recommend to define the limits of it to avoid impact or situation with any environmental agency. We can provide assitance, if any permitting process is required. We will prepared 4 sets of sign and sealed plans detailing the work to be performed, quantities in order to negotiate the construction per Monroe County procurement process. Utility identification and coordination is recommended as well a field surveying to establish the existing pavement elevations, proposed shoulder break points and bottom of slope elevations in order to estimate fill material quantities and avoid utility conflicts during reconstruction and rework activities. Also pavement composition will be design as per Monroe County Specifications, As Built Plans and County recommendations. TASK 2: Prepare 100% plans based on accepted concept plans for Upper Keys This Task will include three sites. Site 3 is located at Seagrape Street in Duck Key. The proposed work includes the milling and resurfacing of the Seagrape Street roadway in an approximate 280 feet, including the cul de sac at the end, utility identification and coordination is recommended as well a field surveying to establish the proposed pavement elevation in order to meet the existing driveways entrance and utilities. No impact to the existing R/W is anticipated. We will prepared 4 sets of sign and sealed plans detailing the work to be performed, quantities in order to negotiate the construction per Monroe County procurement process. Site 5 is located at West Seaview Lane in Duck Key. The work is this site are minors and include the milling are resurfacing of the cul de sac area. The design will follows the Florida Greenbook Standards and FDOT Design Standards. Site 4 is located at the East Coast of the Marina Ave in Key Largo. The proposed work includes the removal and installation of approximate 850 feet of guardrail, guardrail post and block to be reset, shoulder reconstruction, milling and resurfacing of a partial portion of the existing street (Aprox. 1,470 square feet). Since this zone is so close to the ocean, we recommend to define the marine zone to avoid any impact or situation with any environmental agency. We will prepared documentation describing the work to be performed, quantities in order to negotiate the construction per Monroe County procurement process. Monroe County Engineering Services Office will provide any available as -built plans and/or electronic files of each site to be used as reference, within the design process. As mentioned above, we will be performing Surveying Services with respect to the above five captioned sites, These services are detailed as follows: CSA Group will perform sufficient Survey to satisfy the intended purpose including the recovery of available horizontal and vertical controls as associated with the above mentioned project if these controls are available and within close proximity to each project site. Where necessary Temporary Vertical Control Points with assumed datum will be established and used for elevation referencing. A conspicuous value of say 100 feet will be used. For the purpose of tying this survey to North American Datum 1983/90 readjustment Horizontal Datum, CSA Group will secure sufficient National Geodetic Survey (NGS) Control Points and perform Static GPS Survey to generate (East) Florida State Plane Coordinate System on Local Survey Control Points which will be used on site for all Topographical Locations. Survey will be in accordance with the Standards of Practice set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J -17 Florida Administrative Code pursuant to Section 472.027 Florida Statutes. Florida • Illinois • New Jersey • New York • Ohio • Pennsylvania • Texas • Washington, D.C. • Panama • Puerto Rico 6100 Blue Lagoon Drive I Suite 300 1 Miami, FL 33126 -4695 Tel: 305.461.5484 Fax: 305.461.5494 www.csagroup.com Mr. Clark Birggs April 26, 2018 Page 3 of 5 CSA Group CSA will provide assistance with the preparation of agency required documentation to support the Categorical Exclusion Determination or Statutory Exemptions, as well of any permitting required in these sites. After reviewing our man -hour efforts for the completion of this proposed task, we propose the following fees to perform this task and delivery of plans. Classifications Hours Hourly Rate Total Principal Engineer 4 $175.00 $700.00 Project Manager 36 $150.00 $5,400.00 Senior Project Engineer 72 $140.00 $10,080.00 Environmental 72 $120.00 $8,640.00 Engineer 104 $120.00 $12,480.00 Senior Technician (CADD) 200 $65.00 $13,000.00 Technician (CADD) 276 $50.00 $13,800.00 Professional Surveyor Mapper 96 $110.00 $10,560.00 2 Man Survey Crew 160 $85.00 $13,600.00 Survey Technician 64 $70.00 $4,480.00 GIS Analyst 20 $75.00 $1,500.00 Total $94,240.00 This proposal is based on an estimate hours to perform both tasks and include the effort for the following: • Engineer • Designer • CADD • QAQC • Signed and Sealed This proposal does not include: Permit Fees and On -site supervision of the proposed roadway repairs. Florida • Illinois • New Jersey • New York • Ohio • Pennsylvania • Texas • Washington, D.C. • Panama • Puerto Rico 6100 Blue Lagoon Drive I Suite 300 1 Miami, FL 33126 -4695 Tel: 305.461.5484 Fax: 305.461.5494 www.csagroup.com Mr. Clark Birggs April 26, 2018 Page 4 of 5 WA^ CSA Group We look forward to working with you on this important task and we stand ready to begin upon acceptance and approval of this proposal. Sincerely, kob rto Leon, PE Senior Vice - President Acceptance A signed copy of this proposal constitutes an acceptance of the professional services described herein. CSA will interpret this acceptance as conformance of the Client with the Scope of Services, Compensation and Terms and Conditions presented in this proposal. Accepted by: Monroe County (Signature) Name: Position: Date: Florida • Illinois • New Jersey • New York • Ohio • Pennsylvania • Texas • Washington, D.C. • Panama • Puerto Rico 6100 Blue Lagoon Drive I Suite 300 1 Miami, FL 33126 -4695 Tel: 305.461.5484 Fax: 305.461.5494 www.csagroup.com Mr. Clark Birggs April 26, 2018 Page 5 of 5 ���^ CSA Group Florida • Illinois • New Jersey • New York • Ohio • Pennsylvania • Texas • Washington, D.C. • Panama • Puerto Rico 8200 N.W. 41" Street I Suite 305 1 Doral, FL 33166 Tel: 305.461.5484 Fax: 305.461.5494 www.csagroup.com \111111‘ 0 10 50 Feet W CC 638.00' L/LJ_L1_/1 1L/L L1 1_1 /_L—/L_L / s—/_L1_L1-/ L—l_L1_/ _L L1_/ 1L/ �1_/ SUGARLOAF BLVD 482 00 • S HL'UT�t.< SL88L REA:A' RESURFACING MILLING SHOULDER 2-8"SOD PAVEMENT TREATMENT I SAW CUT (INDEX 1051 MILLING EXISTING PAVED SURFACE 1" SHUULDER DEPTH 4„ I.. .m..� MILLED PAVEMENT ————— (1"DEPTH) LEGEND: EXISTING ROADWAY ————— _ MILLING AND RESURFACING PAVEMENT OPTIONAL BASE GROUP I �/ EXISTING BASE f �/ PAVED SHOULDER RECONSTRUCTION TO REMAIN TYPE B STABILIZATION 12" ) LBR 40 r / /I UNPAVED SHOULDER REWORK EXIST.GROUND EMBANKMENT SLOPE REWORK SITE 1: SUGARLOAF KEY REVISIONS JAVIER RAMOS.P.E. STATE OF FLORIDA DATE DESCRIPTION DATE DESCRIPTION P.E.LICENSE NUMBER B1714SHEET DEPARTMENT OF TRANSPORTATION NO GSA GROUP.INC. PROPOSAL 8200 NW 4Jst STREET,SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID DORAL,FL 33166-3207(305)461-5484 MONRDE CERTIFICATE OF AUTHORIZATION 28096 •roar, 1/10/2018 1361:03 r 4OOsara'i/-03Y1 21,roe[Own v_caow ai ue0a r..oaowav.vU 4NJJ1 ULv \NNI‘ 0 10 50 Feet 739 72' Z _Z_ 1- L �' , IL/ L-I =Th." L1_.=-L�' LLLL_L LLC_ _L _L_!-L1�_L�'_`1� L_ L1__1_/_ SUGARLOAF BLVD / _/ / / / / / ! / _ ! I / / / / / / / / 739 72' LEGEND- � / /I MILLING AND RESURFACING I /J 1 PAVEMENT AND RECONSTRUCT ON PAVED SHOULDER r ' A UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK SITE 1: SUGARLOAF KEY REVISIONS JAVIER RAMOS.P.E. S TAT£OF FLORIDA DATE DESCRIPTION , DATE DESCRIPTION P.E LICENSE NUMBER 81714HEET DEPARTMENT OF TRANSTRAAtiP(1NT9TIlln' NO. CSA GROUP.INC. 8100 NW Ilst STREET.SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL DORAL.FL 33166.3207(3051 461-5484 MONROE CERTIFICATE OF AUTHORIZATION 28096 tro�n 4/10/7018 13.41.0) l,r000sel,I a-p.iy+jforiree.Cou,v Roadway_Re.,�reeeMers✓�tsw�+���n' \NII\ 0 10 50 Feet 203.90' SUGARLOAF BLVD / / • / / / / / / 72R.27' SITE 1: SUGARLOAF BLVD. I FGEND• MILLING AND RESURFACING V// PAVEMENT AND PAVED SHOULDER RECONSTRUCTION r / A UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK SITE 1: SUGARLOAF KEY REVISIONS IAVIER RAMOS,PE. STATE OF FLORIDA DATE DESCRIPTION DATE DESCRIPTION P.E LICENSE NUMBER 81714SHEET DEPARTMENT OF TRANSPORTATION NO. C5A GROUP,INC. ROAD NO. COUNTY FINANCIAL PROJECT!D PROPOSAL 8200 NW 415t STREET,SUITE 305 DORAL.FL 33166-3207(305)461-5484 MONROE CERTIFICATE OF AUTHORIZATION 28096 .rcar 4/10/2016 1341 16 l:SProposalsl17-0394 R _Count Y Roalfly Reoalr\roa4Mas1P138800306N "fit j// w i ^.-it., - j 4 F 7 — ijgT it*PaBC. 4us' , ^'S' 1 . - :ix e s r ,k4f. offmr _ 1 CH DRIVE ` LONG 8— . t i (EGEND' �,c- 's MILLING AND RESURFACING i 0 10 50 V J J PAVEMENT AND PAVED SHOULDER '"Feet I ! / RECONSTRUCTION ` `'I ',:'3'.' „F r / /I UNPAVED SHOULDER REWORK s - EMBANKMENT SLOPE REWORK ""Y SITE 2: BIG PINE KEY REVISIONS * JAVIER RAMOS,PE DATE DESCRIPTION DATE DESCRIPTIONSTATTRANSPORTATIONE OF POR SHEET P.E.LICENSE NUMBER 8ni4 DEPARTAIEAT OF TRANSPORTATION CSA GROUP,INC. �p �+ 1 NO. 8200 NW 41st STREET,SUITE 305 ROAD NO. 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COUNTY I FINANCIAL PROJECT ID x LE DORM.,FL 33166-3207 l3051 461.5484 MONROE 111 CERTIFICATE OF AUTHORIZATION 28096 ,-oar. /IP/SO1H i3.4):3] f.� oposalt�!]-0J90 R pe_E VIy Roa8wav-Repai,-�,-pdpwal\P,ARRD06.4g� 0 10 50 Feet LONG BEACH DRIVE 90 na ro; • • . "W '; • • • • • • LEGEND: MILLING AND RESURFACING PAVEMENT AND PAVED SHOULDER ` p RECONSTRUCTION /I as Y. UNPAVED SHOULDER REWORK 'I' ' R° EMBANKMENT SLOPE REWORK " * SITE 2: BIG ,PINE KEY REVISIONS IA✓IER MFfJS I'E S1:07E(IF-FLORIDA DATE DESCRIPTION DATE DC y(:T(ErS)N P.E LICENSE NUMBER BIJIGSHEET DEPART.NEh'T OF TRANSPORTATION NO. GSA GROUP,INC. T� F� 8200 NW/151 STREET,SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL - DORAL,FL 33166-3207(305)461.5484 MONROE CERTIFICATE OF AUTHORIZATION 28096 troir. a/to/loiB lJ.e lae r.�vr000sa�s�,-0 _ +oe Cou�rr vwewar ReN r�roaa ar «NROa y 0 10 50 Feet LONG BEACH DRIVE <r_../ / / / / / / / / / / / / / / / / / / 10 00 I FOEND• � / MILLING AND RESURFACING I // RECONSTRUCT ONAVED SHOULDER r / / UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK SITE 2: BIG PINE KEY RFV Isla NS JAVIER RAMOS.P.E. 701:1 TE(IF FLORIDA DATE DESCRIPTION GATE DESCRIFrI(r7 P.E.LICENSE NUMBER el Jla LEPARTMENT OF TRANCPORT.ATION SHEET SUITECSA GROUP,INC. 305PROPOSAL ,? NO. 8200 NW Mst STREET. ROAD NO. COUNTY FINANCIAL PROJECT ID Jrf� ! I[i °ORAL.FL 33166-3207(305)467-5484 MONROE CERTIFICATE OF AUTHORIZATION 28096 groan 1/10/1018 13:01:50 I\Yroaosa15,17-(391 0r or Cooney Roadway eaa,r\roan sy LARR007.don 11141 ,,,. „., \ ) ...., r aF ® 7 - $ feet . .., - • w„I... c"t - tf 4�„ I ' is '� ,4 • ^r N r ;�-44. .,fit x�`t. 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UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK .$b tom ;� '.`" z SITE 2: BIG PINE KEY REVISIONS IAVIER RAMOS.PE. ,1 TATE Of FLORIDA SHEET DATE , DESCRIPTION DATE DESCRIPTION PE LICENSE NUMBER 817,E DE PART.MF.\T OF TRAA:1'MJRTATI(JA" NO. GSA GROUP,INC. 8100 NW a1s1 STREET.SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL DORAL,FL 33166-3207(3051 661 5,18,1 MONROE CERTIFICATE OF AUTHORIZATION 28096 ..a.. M1012018 13.a1:5E , ProposHss11-0391,L,oe Emory Road*.Repair‘roaawaysPLENR006E n 0 10 50 111 Feet / - 7-Z _ L 1 / / / / / / / / / / / / / l-?1. 1 / l / LONG BEACH DRIVE WOW _ / / / / 7-- / / , / / / / � / / / / / / / / / / / LEGEND: MILLING AND RESURFACING (// PAVEMENT AND RECONSTRUCT ONPAVED SHOULDER .t. r / /1 UNPAVED SHOULDER REWORK 1 EMBANKMENT SLOPE REWORK SITE Z: BIG PINE KEY REVISIONS IAVIER RAMOS.P.E. y' DATE OESCRI PT ION DATE DESCRIPTIONTTT£lTRA.TRANSPORTATION SHEET P.E LICENSE NUMBER 81n1 DEPARTMENT OE TRAAY'MIRTATZ(IA' CSA GROUP.INC. PROPOSAL` NO. 8200 NW 41st STREET.SURE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL DORAL,FL 33166-3207(3051 461-5181 MONROE CERTIFICATE OF AUTHORIZATION 28096 rear 4/10/20. iJ.<..O.f r,r0005a15rl/,1 _ or CO,y Rca.r por\rasa aY ..R009.o9a 10 50 Feet /oNG BEACH DRIVE • LEGEND: MILLING AND RESURFACING V//1 PAVEMENT AND PAVED SHOULDER L RECONSTRUCTION / A UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK SITE 2, BIG PINE KEY REVISIONS JAVIER RAMOS.P.E. STATE OF FLORIDA SHEET DATE i DESCRIPTION DATE DESCRIPTION P.E LICENSE NUMBER 8171.1 DEPARTMENT OF TRANSPORTATION NO. CSA GROUP,INC. 8200 NW 415f STREET,SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL 000AL,FL 33166.3200(3051 461,5484 MONROE CERTIFICATE OF AUTHORIZATION 28096 ..ear 4/10/1018 13:42.09 f.,Pro9osal,17-039.1_N oe Lount Y-Foad.,Raoarr\roaaxay\PLANR010.49n 1 0 10 50 \ Fee[ 60.00' / , LONG BEACH DRfVE J 30.00' ... LEGEN MILLING AND RESURFACING r - - - // RECONSTRUCTION ION PAVED SHOULDER Y / A UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK SITE 2: BIG PINE KEY REVISIONS JAVIER RAMOS,P.E. STATE OF FLORIDA DATE DESCRIPTION DAIS DESCRIPTION PE LICENSE NUMBER 81714 DEPARTMENT OF TRAAWPORTATILIN SHEET NO CSA GROUP,INC. 8200 NW 415t STREET,SUITE 305 ROAD NO, COUNTY FINANCIAL PROJECT ID PROPOSAL DORAL,FL 33166-3207 13051 461.5484 CERTIFICATE OF AUTHORIZATION 28096 MONROE roar 4,0,018 13.a2.15 f.s Pr000sals,il-039<R rce rot,,RoaCwaY RepAr\roeaway,P1ANR011.o911 0 10 50 Feet (O Cy 1ID� __ -'`R/�E LEGEND MILLING AND RESURFACING V// PAVEMENT AND PAVED SHOULDER RECONSTRUCTION r / A UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK SITE Z: BIG PINE KEY REVISIONS — JAVIER RAMOS.P.E. STATE OF FLORIDA SHEET DATE OE SCRIPT ION DATE DT'(RIPTIUN P.E LICENSE NUMBER 81714 DEPARTMENT OF TRANSPORTATION CSA GROUP,INC. NO. 8200 NW 4Ist STREET,SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT/D PROPOSAL DORAL.FL 33166.3207(305)461.5484 MONROE CERTIFICATE OF AUTHORIZATION 28096 rear 4/10/1018 1112.21 !,Proposals,l/-0394 ucrr aoway Repa r,.0.1 a/ LAII.11.0, 0 10 50 Feet • LONG BEACH DRIVE i-- • LEGEND. MILLING AND RESURFACING V// PAVEMENT AND PAVED SHOULDER RECONSTRUCTION -= / , UNPAVED SHOULDER REWORK A EMBANKMENT SLOPE REWORK SITE 2: BIG PINE KE REVISIONS I'.1I% OF FLORIDA SHEET DATE DESCRIPTION DATE - PE LICFNSF NUH0FR 61/IA DEPARTME.Vi(IF TRANSPORTATION NO. CSA GROUP.INC. PROP BZ00 NW Alst STREET.SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID TROIOSAL DORM..FL 33166-3207(305)461-5484 CERTIFICATE OF AUTHORIZATION 28096 MONROE irar 4/10/I9I8 if<..t/ fSPropusa,z,l>-939aM .oe Lo�m✓RyAw9v-Re9P r�roeO Pv ✓iH�l y I Feet it r — -----.�---_ LONG eF • ,� ,�,\ .q . N `[- „4c i `s.. .fit 14= .. MILLING AND RESURFACING ,f A >yy 4 I/// PAVEMENT AND PAVED SHOULDER RECONSTRUCTION +,F r / A UNPAVED SHOULDER REWORKL. , —\ I EMBANKMENT SLOPE REWORK �' r °� • ' n .P '.,� __ " �,: R ,w SITE 2. BIG PINE KEY REVISIONS S73TE OF FLORIDA DATE DESCRIPTION DATE DESCRIPTION PE LICENSE NUMBER OI/la UEP.IKT.HF.%7'OF TRANSPORTATION SNOET CSA GROUP,INC. ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL 8200 NW 41st STREET.SUITE 305 DORAL.FL 33166-3207(305)461-5484 MONROE CERTIFICATE OF AUTHORIZATION 28096 �:a. 4110/MI6 I3.a..3_ l ioposMsv17-039a M .oeCpu v.osawav Repa'i�rpa.we.✓..v��l I p. 44" 1104 :, , -.,' ' , ._ ..-,- ----#-Ar. -, -. ' , „,,„,,,,..,,.,, ,..,,..,t...,A,, ,-, et efff ,�yw : •t;.•f�'�M Y's }. •it1.�+ ' y1`*.f-' is * • C. Y- t 4- ' f am+ "tea,f AgY s r .' 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I b� 1/// PAVEMENT AND PAVED SHOULDER • - I RECONSTRUCTION +A, I / UNPAVED SHOULDER REWORK ..M^. *ag - EMBANKMENT SLOPE REWORK SITE 2: BIG PINE KEY REVISIONS /AVIER PAPAS PE .17:{7N-/,!�FLORIDA SHEET GATE DESCRIPTION DATE _ DESCRIPTION PE LICENSE NUMBER eI/IA DF,'!'.fRT.Nf:'.1T/I(•'TRA.IVSP(JRT.977()A' NO CSA GROUP.INC. p 8I00 NW<ls[STREET.SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL DORAL.FL 33166.310/13051 C61.5<84 MONROE CERTIFICATE OF AUTHORIZATION 18096 scar a/10/MIe 13,:.3Y ,.l000sa,s l/-�� _c-x(ci.,v woaaway.Repa .roaawa.Pu5ROl5 aqa 0 10 50 Feet D R LEGEND MILLING AND RESURFACING V//I EMENU ADO NPAVED SHOULDER r /11 UNPAVED SHOULDER REWORK T EMBANKMENT SLOPE REWORK SITE 3: DUCK KEY REVISIONS JAVIER RAMOS I.IT ?/'.-i II 1/IT FJ.1lJL7J1- SHEET DATE DESCRIPTION DATE , DESCRIPTION PE.LICENSE NUMBER EOM DEPARTMENT OF TRANSPORTATION PROPOSAL NO. CSA GROUP,INC. ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL " 8200 NW 41st STREET,SUITE 305 DORAL.FL 33166-3207(305)461-5486 MONROE CERTIFICATE OF AUTHORIZATION 28096 .a. a011/IOM I3.a1.a6 I,r000saMs11-0390 M ce Counts Rom Mar_Repmr,roacwar\✓EANR,0 a:: 0 10 50 Feet cc W SEAVIEW LN J FGEND: MILLING AND RESURFACING �/ PAVEMENT AND I // RECONSTRUCTION PAVED SHOULDER r / A UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK SITE 5: DUCK KEY REVISIONS JAVIER HAMOS.P.E. ti F-117- (IF FLORIDA DATE DESCRIPTION DATE DESCRIPTION P.6 LICENSE NUMBER 8171/ DEPARI:IIF.\T OF TRANSPORTATION SHEETNO CSA GROUP,INC. �p 8200 NW/1st STREET,SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL DORAL,FL 33166-3207(305)/61-5/8a MONROE CERTIFICATE OF AUTHORIZATION 28096 0 10 50 Feet MARINA AVE. • E GEN MILLING AND RESURFACING - V// PAVEMENT AND PAVED SHOULDER I RECONSTRUCTION r / /I UNPAVED SHOULDER REWORK EMBANKMENT SLOPE REWORK SITE 4: KEY LARGO REVISIONS ,_.. /n✓IFR RAMOS.P-E. UFI'AN7:9/F.\' PC FACE 10 l-L(HUILA DATE DESCRIPTION DATE I DESCRIPTION DE LICENSE NUMBER 81714 T IIP TRASPORT:9 TION SHEETNO. GSA GROUP,INC. ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL 9200 NW/1st STREET.SUITE 305 ['ORAL.FL 33166-3207(305)461-5484 MONROE CERTIFICATE OF AUTHORIZATION 28096 scar 4/10/m Ie 131,57 I roposals,ll-039a_N n a Counlr Roadway_Reoar,roae ay SV...,].egn n In Feet MARINA AVE. I FGFND• MILLING AND RESURFACING PAVEMENT AND PAVED SHOULDER RECONSTRUCTION r UNPAVED SHOULDER REWORK fr EMBANKMENT SLOPE REWORK = SITE 4: KEY LARGO REVISIONS JAVIER RAMOS,P.E. STATE OF FLORIDA SHEET DATE , DESCRIPTION DATE DESCRIPTION P.E.LICENSE NUMBER 81714 DEPARTMENT OF TRANSPORTATION NO. CSA GROUP,INC. 8200 NW 4151 STREET,SUITE 305 ROAD NO. COUNTY FINANCIAL PROJECT ID PROPOSAL °ORAL,FL 3 3166-320 7(305)461-5484 MONROE CERTIFICATE OF AUTHORIZATION 26096 scar. 4/10/2018 13.4305 f:\ProonsslsN17-939a P n ae_Gounty Roadma)Ream r,ouo Y U..16.o9n AliaOC'RU® CERTIFICATE OF LIABILITY INSURANCE a -ATE(M 7 Dm " Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcylles) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Hub International Northeast Limited -NY 1065 Avenue of the Americas/ 5 Bryant Park New York NY 10018 2A PHONE 212- 338 -2000 1 FAx e.212- 338 -2100 �DDsES info@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURERA:Hartford Casualt Insurance Company 29424 7121!2018 INSURED 22.404303 INsuRERo:Trumbull insurance Compan 27120 CSA Holdings, Inc. wstmERc:Twin City Fire Insurance Company 29459 CSA Central, Inc. 8000 Corporate Drive, Suite #120 INSURERD:Markel American Insurance Company 28932 $300 000 Landover, MO 20785 .+SURER E : S5,0DO INSURER F : COVERAGES CERTIFICATE NUMBER- 1753379455 REVISION NttMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSiR LTR TYPE OF INSURANCE *is* I wVD I POLICYNUMBER (' YUCY E0F ' IMhVDDfYyYyI POLICY EXP I M A GENERAL LIABILITY I OVUNJA0262 7/21/2017 7121!2018 EACH OCCURRENCE $1.000 000 TUMIERCIAL CLAIMS•MADE X OCCUR AMAZ;16'T8 FtERTEtS PREMISES Ea OCOUrrerlCe $300 000 MED EXP ( one parson S5,0DO PERSONAL 8 ADV INJURY $1,000.000 GENERAL AGGREGATE $2.000000 GENL AGGREGATE LIMIT APPLIES PER POLICY JECT X LOC PRODUCTS - COMPIOP AGG 52,000 000 S OTHER B AUTOMOBILE LIABILITY tODUNJA0262 7121!2017 7!2112018 ( Fa Kca M S1 000ODO BODILY INJURY (Per person) 5 ANY AUTO Ix Ep A OWNED X AUTOSULED HIREDAUr05 X NON -OWNED AUTOS BODILY INJURY IPM aeddent) S IMPERTP6 Per scadera S S A X UMBRELLA LIAR X OCCUR 10XHUHZ8494 712112017 7121/2018 EACH OCCURRENCE $10,000.000 AGGREGATE 510,000.000 EXCESS LIAO CLAIMS -MADE DIED I X I RETENTION S 10,000 $ 1 1 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA 1OW+BAS1982 7/2112017 7!21!2018 X Tai ER H. E.L. EACH ACCIDENT 51.000.000 E L DISEASE - EA EMPLOYEd S 1.000.000 IM M NH) ( DESCRIPTION OF e &ERATIONS W. E L DISEASE - POLICY LIMIT I S 1,000,000 D PROFESSIONAL LIABILITY MKLM7PL0001436 7/21/2017 L $5,000,000 1 1 712112010 Agprepte' $5,000,000 Retention $150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1 et, AddkkmA Remarks SoheduN, may be attached U mom space is required! Monroe County BOCC is included as additional insured on General Liability and Auto Liability policies, as required by written contract. AP VE RISjj�AN FMENT BY DA WAIVER w Y£S CERTIFICATE HOLDER CANCELLATION ®1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014!01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Project Management ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Slmonton Street Rm 2 -216 Key West, FL 33040 I AUTHORIZED REPRESENTATIVE ��J ®1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014!01) The ACORD name and logo are registered marks of ACORD EXHIBIT B 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 B. Hurricane Irma Roadway Repairs Project May 16, 2018 Contract Number: Z0002 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 non - Federal 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 ID /FIPS 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 descnpbon (see FFATA) Name of Federal awarding agency Name of pass - through entity Monroe County 087- 99087 -00 021771709 4337DRFLP0000001 9/30/2017 9/1012017 — 03/10/2018 $2,858,535.94 $2,858,535.94 $2.858,535.94 Grant to Local Government for debris removal emergency protective measures and repair or replacement of disaster damaged facilities Dept of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Florida Division of Emergency Manaqement (FDEM) Contact information for the pass- through entity Catalog of Federal Domestic Assistance (CFDA) Number and Name Whether the award is Research & Development: Indirect cost rate for the Federal award 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 97.036 Public Assistance NIA See by 44 C.F.R 207 5(b)(4) I 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 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 fads 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. V A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division J 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, rule, 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 Lddda Forbes 2555 Shumard Oak Blvd Ste. 360 Tallahassee, FL 32399 -2100 Telephone 850 -815 -4419 Email: Lililita.Forbes @em.myflorida.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 33040.3110 Telephone: 305 - 292 -4482 Email: deloachhartle -laura @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 i (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 Protect. (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 (16) months from the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance with the provisions of Paragraph (17) 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 ( 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) b d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false fictitious, or fraudulent information or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements false 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 accornplishments 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: i. They are provided under established written leave policies; ii 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 wilt 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 i 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: 1. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory contractual administrative, or other legally applicable requirements, and, 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 8 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: i. 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. u 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 M. 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 A 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 i. 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 9 f. As required by 2 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 duly become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law i. The Sub - Recipient shall maintain all records for the Sub - Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and 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: http / /harvester census gov /fac /collectlddemdex.html h The Sub - Recipient shall send any management letter issued by the auditor to the Division at the following address. DEMSingle Audit @em.myfiorida.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 ali 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 II 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 (15) 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 if: a. Any warranty or representation made by the Sub - Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is 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 change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information, or d The Sub - Recipient has failed to perform and complete on time any of its obligations under this Agreement. (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 - Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub - Recipient is given at 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 incurnng 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 la C. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement d In the event that this Agreement is terminated, the Sub - Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub - Recipient has received the notification of termination. The Sub - Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub - Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub - Recipient. The Division may to the extent authorized by law withhold payments to the Sub - Recipient for the purpose of set -off until the exact amount of damages due the Division from the Sub - Recipient is determined. (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 IS 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 FR §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 II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200 318(k), the Division wili 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 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 executes a subcontract after receiving a communication from the Division that the subcontract is non - compliant, then the Division may: i. 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 (in) 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 V 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; ill. 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; viu. 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. i "(E)xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub - Recipient as required by 2 C F R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j The Sub - Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F R. §200.320(c) as well as section 287.057(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 minonty businesses women's business enterprises and labor surplus area firms ) (19) ATTACHMENTS 17 a. All attachments to this Agreement are incorporated as if set out fully b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: 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 xi 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 shali 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 H 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 only 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 FioridaPA 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) Flonda 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 1 / 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 Z d. The Sub - Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seg. 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 i. 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. it. 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 ) 0 provisions of Chapter 119, Florida Statutes, which the Sub - Recipient created or received under this Agreement. I. 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 ( "INA ")] The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub - Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. 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 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub - Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment or modification of any Federal contract, grant, loan or cooperative agreement 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 ?I 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 shall 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- 21 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) EQUAL 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 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 Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 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 it participates in federally assisted construction work, provided that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract 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 �.l 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 ll, 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: i. Contractor. The contractor shall comply with 18 U S C § 874 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable which are incorporated by reference into this contract n 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 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 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 - 5 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- 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) (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 is required to verify that none of the contractor, its principals (defined at 2 C F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C F R § 180 940) or disqualified (defined at 2 C.F.R. § 180 935) n The contractor must comply with 2 C F R pt 180, subpart C and 2 C F R pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and /or debarment. IV. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any 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 26 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 shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (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 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; 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 27 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 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB - RECIPIENT MON OE COUNTY By. Name and title: 00 �� �G M a�1 e ✓ Date: MA -4 .ln 2, 2. ig PEAL) AT K CLERK By. DEPUTY CLERK FEID# 59- 6000749 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title Wesley Maul, Director Date MONROE COUNTY ATTORNEY APP AO ED AST FORM: � CHRISTINE LIM ERT-BARROWS ASSISTANT CUlan TTORNEY DATE: � 7O 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) oft 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 30 Attachment A Budget and Project List Budget: 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: DR -4337 Sub - Recipient MONROE COUNTY PW # Cat Project Title Estimated Total Fed % Federal Share State Share Local Share Total Funding 22(0) 8 Force Account Labor first 30 days $2,667,613 65 100% $2,667,613.65 0 0 $2 667,613 65 39(0) B Fire Rescue Medical Supplies $106 465 29 100% $106 465 29 0 0 $106,46529 41(0) 8 Temporary Sanitary Faclldres Rentals for 100 $60 949 50 100% $60,94950 0 0 $6094950 48(0) B Temporary fence $23 507 50 100% $23,50750 0 0 $23,50750 $2,858,535 94 DR -4337 Total 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 9V:, 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) farms G702 and G703, as required below. A. Affidavit The Recipient is required to submit an Affidavit signed by the Recipients 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. B. AIA Forms G702 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 ;? 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 FlondaPA.org within 30 days of completion of the project work, or no later than the period of performance end 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 Consequences: For any Project (PW) that the Sub - Recipient fads 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 DEM Contract Number Street Address FEMA Project Number City, State, Zip 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 - Recipients 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. Ali 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 FlorrdaPA.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 reports /requests 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: "Alternate 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, 5, 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 FlondaPA org. 35 DESIGNATION OF :►UTIIORITI (►CENTS) FEIIA /GR►Nl EE PUBLIC ►SSISTANCE PROGRA►1 FLORIDA DIVISION OF EMERGENCI III,►NAGEMENT Sub - Grantee: Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent's Name Agent s Name Signature Signature Organization Official Position Organization Official Position Mailing Address Matting Addic„ City Slate ZIP City Stale Zip Daytime Telephone Dav time - felcphone E -mail Address I: -mad Addre %% Box 3: Alternate Agent (Full Access) Box 4: Other - Finance /Point of Conlnet (Full Access) Agent's Name 011icial s Name Signature Signature Oreamzation 011icial Position Organization Official Position Mailing Address Mailing Address City State ZIP City State zip Daytime Telephone Daytime Telephone 1: -mad Address F -mad Address Box 5: Other -Risk Mgmt- Insurance (Full Access) Box 6: Other - Environmental- Historic (Full A, Less) Agent s Name Agent's Name Signature Signature Organization Official Position Organization Official Position Mailing Address Mailing Address City Stale Zip City Stale Zip Day time Telephone Day lime Telephone E-mail Address E -mail Address The abort Pitman and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub - granite Im the purpose of oblaming certain Grantee and Federal financial assistance under the Roben T Stafford Disaster Relief & Emergency Assistance Act, (Public lave 93 -288 as amended) or othenvise available These agents air authorized to represent and act for the Sub - Grantee in all dealings wth the Stale of Florida. Grantee, for all matters pcnemmg to such disaster assistance pm iously signed and executed by the Grantee and Sub -gramee Additional contacts may be placed on page 2 of this document for read only access by the above Authmized Agents Sub - Grantee . %ulhorized Agent Signature Date 36 DESIGNATION OF AUT1101tITY (ACE \TS) FE\LVGRANTEE PUBLIC ASSISTANCE PROGR, ►tN1 FLORIDA DIVISION OF ENIERGENCI' AIANAGEAIENT Sub- Gran(ee: Date: Box 7: Other IRcadOnh Access) Bak 8: Other (Read Only Access) Agent's Name Agent's Nance Signature Signature Organization /Official Position Organization / Official Passion Mailing Address Mailing Address cry, Stale, 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 Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address F -mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization I Official 1'o-ition Organization / Official Position Mailing Address Mailing Address City, Stoic, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E-mail Address Sub- Grantce's Fiscal Year (FY) Start: 1►lonth: Day: Sub - Grantee's Federal Employers Identification Number ( LIN) - Sub- Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergcncy Management Sub- Grantec's: FIPS Number (if Known) - NOTE: This form should lac revic%%ed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turno%er Updates may be made by email to the state team assigned to your account A ne %% form %will only be needed Wall authorized representati%es have separated from y our agency Be aware that submitting a ne%v Designation of Authority affects the contacts that hav c been listed on previous Designation forms in that the information in FlondaPA org will be updated and the contacts listed above %till replace, not supplement. the contacts on the previous list REV 09.09 -2017 DISCARD PREVIOUS ►'ERSIONS 17 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. A -21, 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.F.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 program(s) 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 rights -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 pnvate gain for 18 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 i 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. t. With respect to demolition activities: i. 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' xi. 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 HE 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 A1171 -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 -„! 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 US 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 40 "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 FEMA 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. I 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, Nondiscrimination /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 41 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. Provisions of all 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; vin 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 n EO 11514 (NEPA). iii EO 11738 (violating facilities) w EO 11988 (Floodplain Management) v EO 11990 (Wetlands) w 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 SUBG RANT EE /SUB- 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 B 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 1 ,4,) 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 https: / /www_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 https 11www fema gov/ media - library- data/l504811965699- 24dfda9ae3e22d450582563bdb62e0f1 /APPENDIX A Revised for limited sliding scale 8-23 - 17 pdf PAAP for Permanent Work (Categories C -G) Required documents: • Fixed Subgrant Agreement Letter https://www.fema.gov/media-library-data/l 388154577585 - 398aea786c6aedbd048c371270fd7b22 /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.fenia.gov/media-library-datall 388155802544- 1162gc78f83O8b5c4l2Odebl35460129/PA Alternative Prqcedures 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 / /www. fema. gov / media- librarv'assets /documents /115868 Note: PAAP Pilot Program Guide for Debris Removal (Version 5) published June 28, 2017 contains the following changes: The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for one year to June 27, 2018. 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 pilots sliding scale provision to high impact incidents that meet the following criteria high concentration of localized damage, 4 •> large quantities of debris (over $20M 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 disasters 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. 41 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 a 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 may audit any subrecipient and/or subaward. 03/05/20 Signatur4 of Subrecipient's Authorized Representative Date Tina Boan, Sr. Director Budget & Finance Printed Name and Title Monroe County Sub - Recipient Name PA ID Number We elect to . 2t p articipate in the Alternative Procedures for Debris Removal. 4 FIXED SUBGRANT AGREEMENT LETTER DATE To Address To FEMA. As a Public Assistance (PA) Sub - Recipient (PA ID ) 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 CFR § 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 Printed Name and Title Date Date 17 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 Use of excess funds 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 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. org) Sub - Recipient s must use the Grantee's /Recipient's web -based project management system, FloridaPA.org, (available at www.FloridaPA.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 FlondaPA 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 i a quarterly report has not been updated between quarters; n the Sub - Recipient is not submitting Requests for Reimbursement (RFR's) in a timely manner. 49 iii. requests for a Time Extension have been made that exceed the Grantee'sl Recipient's authority to approve; andlor 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 http l /www fema.govlalternative- 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 PW. 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 S0 PAPPG Chapter 3. IV. D, 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. Type of Work Months 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 Applicants 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 deobligales funding for any protect that the Applicant does not complete If the Applicant completes a portion of the approved ;I 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 / protect 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) Specific details • Other reason for delay 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 $5,000oo 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 Slate 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 1� 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 PLANNING/PERMITTING 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, but 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), ;3 b) a Summary of Documentation (SOD) which is tilled Reimbursement Detail Report in FloridaPA.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 Alternative 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 All 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 specific 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 5.1 DESIGNATION OF AGENT The Sub - Recipient must complete Attachment 0 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 - Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. 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 I 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 S; 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 1 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 �)6 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 /organization 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 sswab@omb e op gov 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 tsole 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 mvfloridacfo com .S7 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 htlp / /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 # N/A — Do not Complete FUNDING AGENCY. Federal Emergency Management Agency AWARD AMOUNT S Federal sh are amount only OBLIGATION /ACTION DATE date awarded to State of Florida SUBAWARD DATE (if applicable). DUNS #: 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 OF BU SINESS ADDRESS: ADDRESS LINE 1 �K 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 your 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 subgranls and /or cooperative agreements etc ) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 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 1986? 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 httpl /www.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" s k) appearing below to report the "Total Compensation" for the five (6) 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 u 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 i (Highest to Name Lowest (Last, First, MI) Kl 4 s Total Compensation for Most Recently Title Completed Fiscal Year THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW THE INFORMATION PROVIDED HEREIN IS ACCURATE SIGNATURE NAME AND TITLE DATE 60 Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract funded by 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 61 PI. 200, App. II agency's F dared .ward. may Include. Pro - siding this Inform alloh let& a potential ap- p(tcaat Identify any regrdtetmnts witb wblch It would have dlficulty conspiring if Z application, Is successful. In those Cases, early MUnr tlob shoat the requiramhte /f- low the pmteatW applicant to decide tot tO Apply or to take heeded actions before re- telling the Fedenl sword. The muounce- msol need not laclude all of the tern" and madltlom of ties Federal award, but MAY refer to a document (with leformatioa about how to obtain, It) or lut.rwet site "bare P. phase oo see the terms and madltloss. 11 this funding opportunity will lead to Federal awards with wan erecisl torma sod condl. ttom that dUTer from the Federal sm rujoe agency's usual (sometimns tailed "general ") term and conditions. this seatba should highlight those special terms std conditions. Doing w will alert applicants that have re- Celved Federal awards from the Federal awarding agency previously aid might not otherwise aspect dltterent tern" sod condi- tions. For the same reason, the announce. treat should Inform potential applicants about speoW requiretmbta that could apply to particular Fedora) awards &nor the review or applications and other information. baeod on the particular clrwastaw" of the effort to be mpgmrtad fed., it human subjeeta were to be lavelved a If some alluatbae may Ins - Ufy specW terms on latallecteuti property. data sterinc or security requirements). 3, Repe"ta[— fugvbea. This section most Ibelude general Information about the type (e.y., financial or performance), hequeney. and [mans of submlaloa (paper or else troalc) of post-Fsderal award retorting re- 4ok- mewta. Highlight any special tepattive requlrermwts for Federal awarda under this heading opportunity that dirfev (e.0" by re. port type. Mgtesecy. for rifamest. or ((r- chmtaacr for tae) hoes what the Fs40W awardlar agency's Federal awards usually require. Federal aaludloe aeemles caul nisu deacrlb. In ibis section all misvant "out"- masts such u those at 9 CFR 180.333 and 7 CFR 1[0.380. If the Federal @Sara of nay Federal sward my Include twee than 35MM over the Ie- rlet of rertormatx this seetics neat to form potential sppuanta about the pop award reporting requirements reflected to Apperedis X11 Award Term end Condition for POCIP t IntoCrly mud Pertonrnace Marten. AWARDING AGENCY COYT MRI - RMHRlm The ammuncermwt mat live potential ap- pucaats a point(*) or contact for answering questions car helper with problem* while the fusdlag opportunity is open. The Intact of this rerpmirement is to he as belprnl as pas Able to poteetid applicants,, so the radiates 2 CFR Ch. II (1 -1 -17 Edition) awarding agency should wmlder approaches such u VITlbr: J. Polais of —atact who nv be —bad in multiple ways (e.g., by talepbone, PAX, sod' or enall, s* well L regulm mall), H. A Far or small address that multiple people aces, w that sommose will respond ens dl others are unexpectedly atonal dur- log critical periods. M. Different waMets for distinct tints of help (e.g.. one for questions of prograrmmnttc mutant sad a second for admltdstratln quastlonm). H. ormn WORMAIrm.Y OrnONAL This section my icelade say add)tloml WOrtMI10a that will a ist a pntenllal air pliant. For esample. the eectlon tdebt. 1. Indicate •hatbar this is a now program or •oar Um@ Initiative. Il. Meatioa related programs or other ulr caning car ..gig Federal sweervilreg agency fundleg opportunities for almilar activities, Ill. Include current Internet addresses for Federal awarding agency Web sites that mtay be u setal to an applicant In undenlaading the lrogrsnL Is. Alert applicant* to the need to Identify proprietary Information and leeforin them about the way the pederal awardlog agency wIll hae4le it. v. Include certain routlbe notices to apply. CYnt& (ed., that the Federal Covermnont 1s not obligated to mtko any Federal sward as a result of the announcement or that only grunts officers can bind the Federal Govern. mot to the aapoaditute of ("de) (71 rA TOM Dec 91, 9013, u armeteded ca IC rfl {7710. July [2 90151 APPENDIX It TO PART 200 - CONTRACT PROVISIONS FOR NON- FEDFJtAI. EQM- TY ()ONTRACTR UNOfR FROCRAL AWARDS In adelitlon to other provisions r*w.Wod by the Fedora! agency or bon- Federal entity, all ocwttact& made by the note- Fedoral entity under the Federal award rout contain provl- W." covering the fotlowlac. u applieabis, (A) Contract& for mmrc than the almpllned "Mulslllan threshold cusrenlly act at 1150,00), wbleh Is the Ia.0stlon aQueited amount determined by the Civilian Agency Acquisition Cis mcll and the Where AcquM. Uon IleguiaUom (Mitacil (Co teens) u au- thfrfard by gl U.S,U. 19M, mat add"" aA mdwlstrative, coau or legal Meerdles Iwo Instances -tare cowttaetors violate or breach contract terms. and provide for such sanctions and Oomluem as appropriate. (B) All contracts In axes of 310.000 mast addtma termination for aaee and far coe- vesaiwee by the we Federal eaUty Iacludleg the m+anerr by Which It Will be eff@cted sod the bads fro a vtl@wWut. X11 62 OMB Guidance (C) Equal Employment Opportunity. Ex• cept as otherwise provided trader 41 CFR Part W, all Contracts that moot the definl Lion of —(.der—ally tsslsted construct kid can- Include the equal opporturdty clause provided under 41 CPR 6D- 1.4(b). In accordance with Executive Order 11246. "Equal EntPloymont Opltor tunity" (30 FR 123t9, 12975. 3 OM Part, I904- iM Vamp- P. 339), ae, amended by Simutive Order 11M. "Auteallot ExoruLlve Order 11316 Heisting to Equal Employment Oppor Lumley. • and It iplenenting regulations at 41 CFR fart ®, "Office of Fede r-al Contract Compliance Programs, Equal Employment Opportunity, Department of Labor " (D) Da vao -Bscaa Act, as amended (40 U.B.C. 7141 - 3149). When required by Federal prWram legislation, all prima construction contracts In excess of 42,00111 awarded by non Federal entities enact include h provision for compll Race with the Davis-Bacon Act (40 U.S.C, 7141.3144, and 9149-3119) as supplemented by Department of Labor regulations (29 CFR Part 6, " Labur Btaadurtkv Provisions Apoll cahln to Contracts Covering Federally FI mater and Assisted Construction in ac- ourdaace with the statute, contractor moot be required to Pay wages to laharem sad re• ctianles at s, ML. not lee Lane the pr.v lllne wages specified in a wage determination made by the kecretary of Labor, in addition. o011tr9Cter9 must be "qulred to pay wages not leas than once a week. The non-Federal entity marat place a copy of the current p" vide; warn determination segued by the De. partment of Labor In each solicitation. The akclsloo to —A a Contract or Sul—tr —L ntwt be cooditlooed ulnon the acceptance of the wage determlaatlon. The aun•Federal en- tity must retort all suspected or reported violations to the Federal awarding agency Tho contracts nulst also Include a provlslon for comNlaace witb the Copeland "Anti Kickback" Act (40 U.S.C. 9145). as supple- mental by Deportment of Labor regulattom (29 CFR Part 3, "Contrnctora and Sub - conttacto" on Public Bulldlag or Publlo Work Financed In Whole or In Part by loam or Grants from the Ualted 6tatea'�. The Act provldee that each contractor er oub- reclplent mat be prohlblted from inducing, by toy ntinas. any person employed In the comtructloa, uompletlon. or repair of public ark, in elve up any ltut of the comfeuaa• Lion to which he or she Is otberwix eatltled. The non - Federal entity tnrat "port all stw- pecled or reported violations to the Federal awarding agency (E) Contract Work (lour. and Safety Stundards Act (40 11,14.0 TMI- 709). Wham applicable, all contracts awarded by the tion- Federal entity In excew of 4100,000 that In- volve the employtrwat of na+ch "Its or labor era must Include a provision for compliance with 40 U.S.0 9782 and 3701, m eupplemented by Departrteot of Labor regulatia" (22 CFR PI. 200, App. 11 Part 5). Under 40 U.S.C. 7701 of the Act, each Contractor nalst be required to coupxtte the wages of every nwhanle and laborer oa the fxisls or a standard work week of 40 hour.. Rork In elceea of the standard work week ie Permissible provided that the worker Is oom- pelauted at a rats of not less than one and a half tlmos the basto rate of fay for all bon" worked In excess of 40 hour. In the work week. The requdromeats of 40 U.S.C. 3701 are applicable to mantruc Uon work and pmovlde lbaL no laborer Ce techaalc must be " qulred to work in surmundings or under worklnsr ronditinns which are unsanitary, hanrdotts or dangerous, These requl"ments do not apply to the lstrchaees of supplies or traterlals or articles ordinarily avaliable on the alien trwket, or cnnt.r to for tmaspor Latina or ttaasmiselou of Intelligence. (F) tUghta to laventlons M.A. Mader a Contract or Agreement. If Lbe Fodeml award meets the definition of "funding agreement" under 37 CFR 1401.3 (a) and tho recipient or nlbrecipient wtsheo to enter Into a contract with u aurall lnxsltleas firer or notaront urea rit"tion wgording thn substltution nf par ties, assignment or pwrfornuare of expert• tirolal. developmental, or research work tinder Lh" "fundloc agreement;' the recipl. ent or sutreclpioot mwl Comply with the re qulroments or 77 CFti Part 401, "Rights to In ventlons Made by Nonprofit Organlsatlons and Small Buslao" Firma Under Govern meet Grants, Contracts and Cooperative Agreements," and any Implementing regula done issued by the aw=dimC agency (0) Clcaa Air Act (42 U.S.C. 7401- 76nq.) slid the F..Yferal Water Pollution Control Act (33 U.S.0 1251- 139r), " stended- Contracts tad suagrauta of aurounts In exrn of 7150,000 natal, contain a lrorinion chat requlrea the oo,- Federal sward to agree to Comply with all applicable standards. orders or regale dons Wood P irstunt to the Clean Air Act (lJ U.H C 7401- 7571q) and the Federal Water Pollution Control Act as amended (73 U.S.C. 1251 1167). Violations truest be reported to the Federal awarding agency and the Reclortal Office of the Envlronnantal Proteotloo ACency (SPA). (11) Debarment and Suspenslon (Executive Orders IZS* sad 12689) -A contract awed (see 2 CFR 100.220) nuut not be nude to pw- llcw hated on the Covernmentwlde excltulom to the SyeLenr for Aw.rl 11aao.CemenL (SAM), In accordance with the OMB gulde- Unes at 2 CFR 160 that implement Fixocuttve Orders 12549 (3 CFR part 1996 Coup., P. 169) and 13688 (3 CFR part 1969 Comp., p. 275), "Debarnnot and Hmpoaalon." SAM Exclu alone ount.alns the mares of partlee debarred, suspended, or otberwise excluded by aeen- clea, w well la parties declared Ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti Lobbying Amendment (31 US C 1752)- Cootracwre that apply or bid 201 63 M. 200, App. 111 dr u award exceeding SIW.00 must file the required tavunaUOn. Each tier certifies to the tier above that It wiU not and has act Ward Federal aPRvtslstod luads W Pay say person or mselwtlon Irr Inawwlsg or at fampt(as W Inaosbce as officer err employee of any Agency. a raanircr of coggrasa, offl r or employee of Uoscrow. or An employee of a narnbor of (:ogress in WU—Lltra with fib taldq may Federal contract, grLms or Lay Other awed cc at by 21 U c, tM. Each Usr most also disclose any k,bbylag with aan.FeWnl funds that takes place In ons. nett .a with obtalniag Lay federal award such dbelaom" are famatded porn tier to list up W the acs- Fadsral award (J) Bee I200.T17 INIOetteptent of t- oared rmterlsls, (71 FR 7001. Dec. 2d, 1017, u maroaded a1 71 M 7501, Dec. 19. 20141 APPENOlx III To PART 2DO-- INDIREcr (MA) Cosra IDLNT(FICATION AND Asa1ONMEKT. AND RATE DergRMINA- von FOR IN[rIMI1 OF IIIUNER EDUCATION (IHEa) A. GCNLYAI, This aMendly provldm crtterda hr Wetl- 41119 nod cvtnprttsg Ibdhect (Or Indirect (FAA)) rates at LWA (Instltutlons). Indirect (FAA) costs are those that am Incurred for mutmpo at Joint Obieetive$ Lad therefore cannot be idsaufled readily and alaclatally with a Puticular sponsored Walaot, as to stnxtional activity . or say other lutlto• U .cal activity. Bee subrscilWO 11.1, DOW %ion of Facilities and Admlalstratloa, for a dlscUselon of the coupobcats of Indirect ( FAA) tars Is. I. Ya/ov Fvrcllons of on )nstitution listen to IastrueUon. araadaM research. other sponsored AeUVIU" wad Other IwtlW. UOMI act1witle$ as defined to this escuon: a. /nocaRloe mswas the teaching sad training activities of as lutlmtion. Except A. ssaeareb training u poelded Is sub- section b, this term includes all tsachlg sad rralWLC activistaL whether they lie oared 4 credits toward a deft v tr crrllnalo or oa • coo- eredlt basis. Led whether they aro oHered through regular Academic depart meats or septrste dlvblaas such u a sum- - school dlvbiva or an axtewl -a division. Alw considered part Of this major fuactloa are dnportmeatal research, and. wbere Agreed to, ualverslty retsrarch. (1) Sponixed Ierbrvficn and fratnlss means slecillc Iwlructl —A Or tniolOg sctivlty a 1ab11shsd by grant, ensures, or tooperelln agreemeoL Fee farposes of the east prts clPles, this Lotivlty may be considered L Mint, ruoctioo area thomgh ere Institution's 2 CFR Ch. 11 (1 -1 -17 EdNlon) accounting trssneat "my laclude It In the losuvetlou function. (2) Dova,is.enlal rvrssrrh it—st- caeeueb, devsiopmeat Lad scholarly activities that are not orzWzed research and. cop. s qucotly, acs not ecpnrsicly budgeted and Lccouated for DeP tpwAW research- for purpose$ of thb document. Is pot considered w a major function, but u a fart of the in etrucuoa atactim of the lutltuuon, (2) Only uss."tory cast sharing err cast •haring ■peclntylly cal 113111 d In the tavject biadeet trans be included to the organized re- search base for ccuVoUeC the ludlrect W&A.) cwt rats or reflected Is any alloaUoa Of In- direct costs. Salary t aw above statutory Uml4 are not moldered cost sharlat. h. 01 /aniar.l lrsterrh arse$ all research and devNopmsot "U•Ille$ of an IaalltUt;cb that are esparately budgeted and socouated for. It Include$: (1) Spvsraed resrsrch rrwas all research red dseslopwsaL activities that era spun. am m by Federal and pop Federal agencies sad tsrgaalwelens 71116 teem IaelUdes —AM ties tpvolvlhg the training of IsdlvldlrLls In rsearvk vcbalgtses (l nurrutnly ailed n- seaecb tralnlegl where such activlue$ utUlse the saran facUlUee am other research and dn- veWpnwnl ectI.Mes ant wbe- such aetial ties us not Included In the lastructl.,n Rm,- Uon. (2) Unkerrtfy 'eveach means all research awl devebprneel activities that era eery null bdgalsd and arecoated for by the ln• atitution under u dntsrwl Lplilatlon of la- stttutinOLl /cads University research, far putlosee of We document, tort be ee,nr blood with amolored research oader the Axactloa of orifsalud research- o- ofhe rynnsold ocflv4fa mosm tsoc amp and projects financed by Federal asd sun Federal sgeneles and orgaabatlons which In vvlvs the perfarmu ace of Bork other than Is rtruct(on sad orl lzed tosearch. Erattples of such twocntn and P -Jscls ors health such laolecros sad comwtalty service pro ms gra. llowever, when Lay of these act(t7ts- sre uaAertakco by the Intl Wt,o witbot,t Outside support, they mty be classified as other lnstltaticasl activities d. IT.hrr rnrbfutlenal detW13rn mesa all ac 1101Ms of an lutl WtlOa •tcept fir Instruc- tion, depLmtaaenmal research, orgaWSed rv. to rah, and ether spoosorod Letivttiee, ns do- need In this r+ouoa; indirect (FAA) cost ac Unities Identified In this Appsrtadlt para. crank B. Identitlatlanand usiganteai of to direct (FAA) coats; and spoclallzed serviess facilities described In 1100.40 Sperlalleal ssr.lcs facilities of thL4 Part. tbpmNes Of Other Iostltstlooal 1601"tles Include operation, Of residence hails, dialog hails. hospitals sad cIlL)a, student unions, lateroollegfats sthlauo, bookstores, faculty bowloe. etadeat aJartmoots, guest bo ieee, obsrsls, tbeat —. ptblla rrwseuto, and other 1M 04 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 -16 -109 -D 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. 8 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 6S • 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 43/05/2018 Sub - Recipient Agency Date Signature Tina Boan, Sr Director Budget & Finance Printed Name & Title 60 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) Example: PVM0001(0) 20 -24 Anticipated Expenditures for First Three Months of Agreement 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)