Hurricane Irma Road Repair 05/16/2018' »- Ou 1
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; ":. A � Kevin Madok, cPA
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r at poi........ Clerk of the Circuit Court & Comptroller — Monroe County, Florida
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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:
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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
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MONROE COUNTY ATTORNEY
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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
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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
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REVISIONS JAVIER RAMOS.P.E. STATE OF FLORIDA
DATE DESCRIPTION DATE DESCRIPTION P.E.LICENSE NUMBER B1714SHEET
DEPARTMENT OF TRANSPORTATION NO
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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
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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
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DATE DESCRIPTION DATE DESCRIPTIONSTATTRANSPORTATIONE OF POR SHEET
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DATE OESCRI PT ION DATE DESCRIPTIONTTT£lTRA.TRANSPORTATION
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DATE i DESCRIPTION DATE DESCRIPTION P.E LICENSE NUMBER 8171.1
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REVISIONS — JAVIER RAMOS.P.E. STATE OF FLORIDA SHEET
DATE OE SCRIPT ION DATE DT'(RIPTIUN P.E LICENSE NUMBER 81714
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DATE DESCRIPTION DATE DESCRIPTION PE LICENSE NUMBER OI/la UEP.IKT.HF.%7'OF TRANSPORTATION SNOET
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DATE DESCRIPTION DATE , DESCRIPTION PE.LICENSE NUMBER EOM DEPARTMENT OF TRANSPORTATION PROPOSAL
NO.
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DATE DESCRIPTION DATE DESCRIPTION P.6 LICENSE NUMBER 8171/ DEPARI:IIF.\T OF TRANSPORTATION SHEETNO
CSA GROUP,INC. �p
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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
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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
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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
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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)