Freeman Justice Center 05/14/2018 Freeman Justice Center Mold Remediation
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT Made as of the 1 `t Day of W 2018
BETWEEN the Owner: Monroe County Board of County Commissioners
tY tY
500 Whitehead Street
Key West, FL 33040
And the Contractor: Global Disaster Recovery, Inc.
13333 Overseas Hwy.
Marathon, FL 33050
For the following Project: Freeman Justice Center Mold Remediation
Scope of the Work
The Scope of Work includes, but is not limited to, all work described in the Solicitation for the
Freeman Justice Center Mold Remediation.
Contractor is required to:
1. Water that entered the building had been absorbed by baseboard and trim made from
composite materials. The composite material was still holding moisture and should be removed.
Any moldy substrates behind the trim should be cleaned with an enzyme based cleaner or
removed if moisture content is over 16 %.
2. Mold was found at a cold air supply vent in the a/c mechanical room. This mold may have
developed after the power outage due to condensation. Clean moldy vents in the a/c
mechanical area with an enzyme cleaner such as Enzy Magic and then protect the surfaces
from future mold growth with a biodegradable protectant such as Bac Shield.
3. Obtain all necessary building permits and inspections to perform all of the work required by
this contract and the owner.
Summary of General Requirements
• Furnish all labor, tools, material, equipment, safety equipment, transportation services,
laboratories, and all incidentals necessary to perform and complete said Work
contemplated in this agreement.
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• Construction work times shall be limited to: 8:00 AM to 5:00 PM Monday- Friday. Unless
otherwise requested or required by Director of Project- Management.
• County buildings must remain open at all times. Work done by contractor must not
impede the normal operations of the County buildings and employees which may be
adjacent to the work. Schedule and coordinate construction activities accordingly to
prevent any interruption of normal staff and building operations.
• Contractor shall maintain the following Insurance Requirements for the life of the
contract:
Workers Comp Employers Liability $100,000/$500,000 /$100,000
Bodily Injury by Accident/Bodily
Injury by Disease, policy limits/Bodily Injury
by Disease each employee
General Liability $200,000 per Person;
$300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Vehicle $50,000 per Person:
$100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
The Monroe County Board of County Commissioners shall be named as Additional Insured on
General Liability and Vehicle policies.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Solicitation and Proposal /Quote
documents, Addenda issued prior to execution of this Agreement, together with the response to
solicitation and all required insurance documentation, and Modifications issued after execution
of this Agreement. The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. In the event of a discrepancy between the documents, precedence shall be determined
by the order of the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows: N /A.
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ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall commence performance of this Project within Thirty (30) calendar
days after the date of issuance to the undersigned by Owner. The undersigned shall
accomplish Substantial Completion of the Project within Ninety (90) calendar days. The
undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar
days thereafter. The time or times stipulated in the contract for completion of the work of
the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00 /Day $100.00 /Day $250.00/Day
$50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day
$100,000.00 - 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day
$500,000.00 and Up 500.00 /Day 1,000.00 /Day 3 /Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
completion of all of the Contract work the Sum of Twenty Nine Thousand Four
Hundred Sixty One and 51/100 Dollars ($29,461.51), subject to additions and
deductions as provided in the Contract Documents.
4.2 The Contract Sum is based_upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the_Owner: None.
ARTICLE 5
Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
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5.3 Payment will be made by the- Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code.
ARTICLE 6
Miscellaneous Provisions
6.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
6.2 Monroe County's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration.
6.3 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public - building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
thirty -six (36) months from the date of being placed on the convicted vendor list.
6.4 The following items are included in this contract:
a) MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent
to 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 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 Fbrida Statutes, running from
the date the monies were paid by the COUNTY.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
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of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent
of this Agreement. The County and Contractor agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible
to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against
the non - prevailing party, and shall include attorney's fees and courts costs in
appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it
has had ample opportunity to submit this Contract to legal counsel of its choice and
enters into this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida
law. This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
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k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation /Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage. gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding_ This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or
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copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(2) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess
the requested records, the County shalt immediately notify the Contractor of
the request, and the Contractor must provide the records to the County or
allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY -
BRIAN@MONROECOUNTY - FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self- insurance
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coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory
Duties. This is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
r) Non- Reliance by Non - Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug -Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees harmless from and against (i) any claims, actions or causes of
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action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), Toss, damage, fine,
penalty or business interruption, and (ii!) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub - contractors or other
invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its
employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the
term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is
delayed or suspended as a result of the Contractor s failure to purchase or maintain
the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted
against the County by virtue of any deficiency or ambiguity in the plans and
specifications provided by the Contractor, the Contractor agrees and warrants that
the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
Tne first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any
or all of the work in this project to any third party, the Contractor specifically agrees
to identify the COUNTY as an additional insured on all insurance policies required by
the County. In addition, the Contractor specifically agrees that all agreements or
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured.
6.5 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
For Contractor: Paul Sweeney
Global Disaster Recovery, Inc.
13333 Overseas Hwy.
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Marathon, FL 33050
For Owner: Director of Proiect Management Assistant County Administrator, PW & E
1100 Simonton St., Room 2 -216 1100 Simonton St.
Key West, FL 33040 Key West, FL 33040
ARTICLE 7
Enumeration of Contract Documents
7.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: None.
7.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
7.1.2 The General Conditions: None.
7.1.3 The Supplementary Conditions of the Contract are the FEDERAL REQUIRED
CONTRACT PROVISIONS provided below and IAQ MOLD ASSESSMENT REPORT
BY KEY WEST PRO MANAGEMENT.
7.1.4 The Addenda, if any, are as follows: None.
FEDERAL CONTRACT REQUIREMENTS
TERMINATION
A. In the event that the CONTRACTOR 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 CONTRACTOR.
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 CONTRACTOR should CONTRACTOR 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 CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR 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 CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR 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
CONTRACTOR 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
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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 sixty (60) days notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR 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 CONTRACTOR 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.
NONDISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR 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.
CONTRACTOR 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 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article H, 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 CONTRACTOR, 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 Federal Contract Compliance Programs, Equal Employment
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Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as
follows:
Equal Employment Opportunity. When required by Federal program legislation, which
includes FEMA grant and cooperative agreement programs.
Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
the definition of "federafy assisted construction contract" in 41 C.F.R. § 60 -1.3 must
include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in
accordance with Executive Order 11246, 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 Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C.
Key Definitions.
Federally Assisted Construction Contract. The regulation at 41 C.F.R.§ 60 -1.3 defines a
"federally assisted construction contract" as any agreement or modification thereof
between any applicant and a person for construction work which is paid for in whole or
in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such
grant, contract, loan, insurance, or guarantee, or any application or modification thereof
approved by the Government for a grant, contract, loan, insurance, or guarantee under
which the applicant itself participates in the construction work.
1) Construction Work. The regulation at 41 C.F.R. § 60 -1.3 defines
"construction work" as the construction, rehabilitation, alteration, conversion,
extension, demolition or repair of buildings, highways, or other changes or
improvements to real property, including facilities providing utility services.
The term also includes the supervision, inspection, and other onsite functions
incidental to the actual construction.The contractor will not discriminate
against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, 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, 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 contractor 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 contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
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sexual orientation, gender identity, or national origin.
3) The contractor 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 contractor's Iegal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
7) In the event of the contractor's non - compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to
2 C.F.R. Part 200, as amended, including but not limited to:
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9.29.1 Davis -Bacon Act, as amended (40 U.S.C. § §3141 - 3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non -
Federal entities must comply with the Davis -Bacon Act (40 U.S.C. § §3141 -3144, and
§ §3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction "). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. in addition,
contractors must be required to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the Department
of Labor in each solicitation(attached as Exhibit A). The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding
agency. When required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program and Transit Security Grant Program (it does not apply to other
FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the contractors must also comply with the Copeland "Anti- Kickback" Act (40
U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or
in Part by Loans or Grants from the United States "). As required by the Act, each
contractor or subrecrpient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as
may be applicable, which are incorporated by reference into this
contract.
(2) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clause above and such other clauses as
the FEMA may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower
tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be
grounds for termination of the contract, and for debarment as
a contractor and subcontractor as provided in 29 C.F.R. §
5.12.
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9.29.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs
all contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. §§ 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not Tess than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
9.29.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
9.29.4 Clean Air Act (42 U.S.C. 7401- 7671g.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251 - 1387). Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § §7401-
7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§ §1251 -1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401 -
7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as
amended — applies to Contracts and subgrants of amounts in excess of $150,000.
9.29.5 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
9.29.6 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)--Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
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of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non - Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non - Federal award.
9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR §
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste
disposal Act, as amended, by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 247 that
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines.
Other Federal Requirements:
9.29.9 Americans with Disabilities Act of 1990, as amended (ADA) — The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the
policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended,
shall have the opportunity to participate in the performance of contracts financed
in whole or in part with COUNTY funds under this Agreement. The DBE
requirements of applicable federal and state laws and regulations apply to this
Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's
have the opportunity to participate in the performance of this Agreement. In this
regard, all recipients and contractors shall take all necessary and reasonable
steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below),
applicable federal and state laws and regulations to ensure that the DBE's have
the opportunity to compete for and perform contracts. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks
to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises
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are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative
steps listed in paragraph (1) through (5) of this section.
9.30 The Contractor shall utilize the U.S. Department of Homeland Security's E - Verify
system to verify the employment eligibility of all new employees hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the
U.S. Department of Homeland Security's E- Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term.
IF Florida DEM Agreement
9.31 The CONTRACTOR 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.
9.32 The CONTRACTOR shall hold the Division and COUNTY harmless against_all claims of
whatever mature arising out of the CONTRACTOR's performance of work under this
Agreement, to the extent allowed and required by law.
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This Agreement is entered into as of the day and year first written above and is executed in at
least two (2) original copies of which one (1) is to be delivered to the Contractor.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL)
Attest: KEVIN MADOK, Clerk MONROE COUNTY
By: By:
Deputy Clerk Cou y / Assistant Administrator
D ate: and LISA STUART vl 2' 05'
My Commis Comm. Expires sion # FF Jun 5. 130003 2018
♦,Yf ,yam`;:
(Seal) CONTRACTOR
Contractor Witness Attest: Global D's ster Recovery, Inc.
By: Mry
< < 3;011 kC i QW i . Z By:
Ow r or Auth rized Representative to
d the C ractor.
Title:
Title:
Date: . n1
_
Date: ' / e l' 2 0/ 3
Contractor Wi • - Attest:
By: _ MONROE COUNTY AT
Title:
Date: 5/ / /) C_LC
H P.tMBR
ASSISTANT COUNTY A3T'ORNEY
Date:
End of Agreement
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Exhibit A
Department of Labor Wage Determination
EXHIBIT Page 19 of 24
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General Decision Number. FL180063 03/16/2018 FL63
Superseded General Decision Number: FL20170063
State: Florida
Construction Type: Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments
up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year
2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification listed on this wage determination at
least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is
higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum
wage rate will be adjusted annually. Please note that this EO applies to the above - mentioned
types of contracts entered into by the federal government that are subject to the Davis -Bacon
Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2) -(60). Additional information on contractor
requirements and worker protections under the EO is available at
www.doi.gov /whd /govcontracts.
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
2 02/23/2018
3 03/16/2018
* ELECO349 -003 03/05/2018
Rates Fringes
ELECTRICIAN $ 33.11 12.31
ENG10487 -004 07/01/2013
OPERATOR: Crane
All Cranes Over 15 Ton Capacity $ 29.00 8.80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and Under $ 22.00 8.80
I RONO272 -004 10/01/2017
IRONWORKER, STRUCTURAL AND REINFORCING $ 24.89 10.10
PAINO365 -004 07/01/2017
Rates Fringes
PAINTER: Brush Only $ 20.21 10.08
S F F L0821 -001 01/01/2018
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SPRINKLER FITTER (Fire Sprinklers) $ 27.68 18.89
SHEE0032 -003 12/01/2013
SHEETMETAL WORKER (HVAC Duct Installation) $ 23.50 12.18
SUFL2009 -059 05/22/2009
CARPENTER $ 15.08 5.07
CEMENT MASON /CONCRETE FINISHER $ 12.45 0.00
FENCE ERECTOR $ 9.94 0.00
LABORER: Common or General $ 8.62 0.00
LABORER: Pipelayer $ 10.45 0.00
OPERATOR: Backhoe /Excavator $ 16.98 0.00
OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 9.58 0.00
OPERATOR: Pump $ 11.00 0.00
PAINTER: Roller and Spray $ 11.21 0.00
PLUMBER $ 12.27 3.33
ROOFER: Built Up, Composition, Hot Tar and Single Ply $ 14.33 0.00
SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61
TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors
applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and
any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO,
the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they
work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid
sick leave for their own illness, injury or other health - related needs, including preventive care; to
assist a family member (or person who is like family to the employee) who is ill, injured, or has
other health - related needs, including preventive care; or for reasons resulting from, or to assist
a family member (or person who is like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information on contractor requirements and
worker protections under the EO is available at www.dol.gov /whd /govcontracts.
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Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses (29CFR 5.5
(a) ( (ii)).
The body of each wage determination lists the classification and wage rates that have been
found to be prevailing for the cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical order of "identifiers" that indicate
whether the particularrate is a union rate (current union negotiated rate for local), a survey rate
(weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example: PLUM0198 -005 07/01/2014. PLUM is
an abbreviation identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination. 07/01/2014 is the effective date
of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining
agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it may include both union and non -union
rates. Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates based on a
weighted average calculation of rates and are not majority rates. LA indicates the State of
Louisiana. 2012 is the year of survey on which these classifications and rates are based. The
next number, 007 in the example, is an internal number used in producing the wage
determination. 5/13/2014 indicates the survey completion date for the classifications and rates
under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG -OH -0010 08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in the example, is an internal
number used in producing the wage determination. 08/29/2014 indicates the survey completion
datefor the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted
average of the current negotiated /CBA rate of the union locals from which the rate is based.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position ona wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis -Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formai process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the AdministrativeReview Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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Exhibit B
Monroe County FDEM Agreement
Contract Number: Z0002
FEDERALLY - FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a " subaward may be provided through any farm 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 infornmtiun is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub - Recipient's name: Monroe Countv
Sub - Recipient's PA IDIFIPS Number. 087- 99D87 -00
Sub - Recipient's unique entity identifier. 021771709
Federal Award Identification Number (FAIN) 43370RFLP0000001
Federal Award Date: 9/3012017
Subaward Period of Performance Start and End Date. 9/10/2017 — 03/10/2018
Amount of Federal Funds Obligated by this Agreement: $2,858,535.94
Total Amount of Federal Funds Obligated to the Sub - Recipient
by the pass- through entity to include this Agreement $2,858,535.94
Total Amount of the Federal Award committed to the Sub - Recipient
by the pass - through entity: $2,858,535.94
Federal award project description (see FFATA) Grant to Local Govemment for
debris removal, emergency
protective measures and repair or
replacement of disaster damaged
facilities
Name of Federal awarding agency: Dept. of Homeland Security (OHS)
Federal Emergency Management
Agency (FEMA)
Name of pass- through entity: Flonda Division of Emergency
Management (FDEM)
2
Contact information for the pass - through entity 2555-Shumard Oak Blvd.
Tallahassee. FL 32399 -2100
Catalog of Federal Domestic Assistance (CFDA) Number and Name 97.036 Public Assistance
Whether the award is Research & Development: N/A
Indirect cost rate for the Federal award. See by 44 C.F.R. 207.5(b)(41
3
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 G.F.R. §200 302 provides: Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance ", applies to this Agreement.
(2) LAWS. RULES, REGULATIONS AND POLICIES
a. The Sub - Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.
b. As required by Section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub - Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub -
Recipient fails to perform the minimum level of service required by the agreement.
iv A provision specifying that the Sub - Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
4
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:
Lilthta 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.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this
agreement must be executed incorporating the Project as identified by number, budget, and scope of
work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for
the Project.
(7) SCOPE OF WORK
The Sub - Recipient shall perform the work in accordance with the Budget and Project List
— Attachment A and Scope of Work, Deliverables and Financial Consequences — Attachment B of this
Agreement.
(8) PERIOD OF AGREEMENT,
This Agreement shall begin upon execution by both parties and shall end six (6) months
from the date of declaration for Emergency Work (Categories A & B) or eighteen (18) months from
the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance
with the provisions of Paragraph (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 io carry out the work authorized under" this
Agreement. In accordance with 2 C.F.R. 5200.309, 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 Fiorida'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, Fiorida Statutes, or the Florida Co nstitution.
c. The Division will reimburse the Sub - Recipient only for allowable costs incurred by the
Sub - Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement ( "Budget and Project List ")_ The
maximum reimbursement amount for the entirety of this Agreement is two million, eight hundred fifty -eight
thousand, five hundred and thirty -five dollars and ninety -four cents ($2,858,535 94)
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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 accomplishments
of the Federal award.'
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub - Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ( "Compensation — personal
services ") and 2 C.F.R. §200.431 ( "Compensation — fringe benefits "). If authorized by the Federal
Awarding Agency, and if the Sub - Recipient seeks reimbursement for overtime expenses for periods w ;en
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
tre 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,
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iii, The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non - Federal entity or specified groping of employees.
h If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub - Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub -
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub- Recipient must provide
documentation that:
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:
i. 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 CF.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 inciudes tirnely 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.
n When the Division or the Sub- Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass- through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass - through entity. the 5 -year retention requirement is not applicable to the Sub - Recipient.
v. Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement. the retention period for the records pertaining to the earning of the program income starts
from the end of the non - Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans, This paragraph
applies to the following types of documents and their supporting records. indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub- Recipient when it determines that
the records possess long -term retention value.
e. in accordance with 2 C.F.R §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub - Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable
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 Honda 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 Govemment 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
aoverning 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 cf access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. 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 /factcollect/ddeindex.html
h. The Sub - Recipient shall send any management letter issued by the auditor to the
Division at the following address.
II
DEMSingie _Audit @em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(12)REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub - Recipient shall provide the Division with
quarterly reports and a cbse -out report. These reports shall include the current status and progress by
the Sub - Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement in addition to any other information requested by the Division.
b Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
c The closeout report is due sixty (60) days after termination of this Agreement or sixty
(60) days after completion of the activities contained in this Agreement, whichever first occurs.
d If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Project List —
Attachment A, and Scope of Work — Attachment B.
e. The Sub - Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub- Recipient shall provide additional reports and information identified in
Attachment G — Public Assistance Program Guidance.
(13)MONITORING.
a. The Sub - Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and /or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment B to this Agreement, and reported in the
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on -site visits by Division staff. limited scope audits, and /or other procedures. The Sub - Recipient
agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub - Recipient is
appropriate, the Sub - Recipient agrees to comply with any additional instructions provided by the Division
12
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 aii 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.
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(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,
ill. Advise the Sub - Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub - Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub - Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub - Recipient.
(17)TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub - Recipient to permit public access to any document,
paper, letter, or ether 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 (38) calendar days prior written
notice
14
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.P.
§ §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
15
bound by all applicable laws, regulations, and agreement terms. if during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub - Recipient as quickly
as possible within the three (3) business day window outlined above, If the Sub- Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
1. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Sub - Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro- purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution_ The Division shall
review the unexecuted contract and provide comments, if any, to the Sub - Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. § §200,318 through 200 326 as well as
Appendix 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 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:
Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Sub - Recipient for any costs associated with that
subcontract.
f. The Sub - Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub- Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
II6
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:
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
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 (!.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
(Le. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287 057(1)(b),
Florida Statutes.
I. For each subcontract, the Sub - Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise. as defined in Section 288.703,
Florida Statutes. Additionally, the Sub - Recipient shall comply with the requirements of 2 C.F.R. §200 321
( "Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms ").
(19)ATTACHMENTS
17
a. A!! attachments to this Agreement are incorporated as if set out fully
h. 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 1— 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 shall be submitted within thirty (30)
days after the expiration date of the agreement or completion of applicable Project, whichever occurs first.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to
the Division Grant Manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph
(12) of this Agreement.
c. if the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
tg
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 wil!
notify the Sub - Recipient via the entry of notes in FloridaPA.org.
c. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management ", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
d In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for coiiection, Sub - Recipient shall pay the Division a service fee of $15 00 or 5%
of the face amount of the returned check or - draft, whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub - Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub - Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub - Recipient.
b. This Agreement shall be construed under the laws of the State of Flonda, 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
19
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:
Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification; and,
iv, Have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
g. If the Sub - Recipient is unable to certify to any of the statements in this certification,
then the Sub- Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub - Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarrnent, 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 uniiaterally cancel this Agreement if the Sub -
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
?p
provisions of Chapter 119, Florida Statutes, which the Sub - Recipient created or received under this
Agreement.
j. If the Sub - Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount unless otherwise governed by program specific waiver.
k. The State of Florida will not intentionally award publicly - funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 5 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:
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
7 1
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-
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, irrevocabie, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub - Recipient, under this Agreement, for Florida
government purposes.
(25)LEGAL AUTHORIZATION.
The Sub - Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub- Recipient to the terms of this Agreement.
(26)EOUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60- 1.4(b), the Sub - Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment. upgrading, demotion. or transfer, recruitment or recruitment
advertising: layoff or termination: rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor wilt, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex. or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
23
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
v. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the 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 deciared
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 participate in work on or under the contract.
c. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
24
d. The Sub - Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11248 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order, In
addition, the Sub- Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub - Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub - Recipient: and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI - KICKBACK ACT
The Sub - Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work. or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S C § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other 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.G. 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 Tess than one and a half times the basic rate of pay for all hours worked in excess of forty
(40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
25
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub- Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 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 reputations 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).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C,F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and /or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any 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
2b
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.
(32lCONTRACTING 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
roods or services, then, in accordance with 2 C.F.R. §200.329, 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:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
u. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises:
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate. of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce: and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting." does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub - Recipient must take; the requirements do not preclude the Sub - Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub - Recipient to break a single project down into
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 1l
ti
{ , CLERK
By:
Name and title: Day 1 1 t+�� MApt=w DEPUTY CLERK
I"
Date: 'wc L, 2-, t.o i8 !
FEID# 59- 6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Wesley Maul, Director
Date:
MONROE- COUNTY ATTORNEY
i App' 0 a' AS T • FORM:
+- sT1NE LLMBERT- BARROWS
ASSISTANT CO TTORNEY
DATE: .
7q
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
1. 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 0: Water Control Facilities
Category E: Public Buildings and Contents
Category F. Public Utilities
Category G: Parks, Recreational, and other Facilities
2. Sub - Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement,
NOTE: Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs and State Projects included on pg. 1 of this subgrant
agreement and in Exhibit 1 be provided to the Sub - Recipient.
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 Fed I Federal State Local Total Funding
Total % Share Share Share
22(0) B Force Account $2,667,613.65 100% $2,667,613.65 0 0 32,667,613.
Labor first 30
days
39(0) B Fire Rescue 5106,465.29 100% 3106,465.29 0 0 3106,465.
Medical
Supplies
41(0) _ B Temporary $60,949 50 100% 360,949 50 0 0 $60,949 50
Sanitary
Facilities
Rentals for 100
48(0) B Temporary $23,507.50 100% 323,507 50 0 0 $23,507.50
fence
f � -
DR -4337 Total $2,858,535,94
11
Attachment B
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of Work
Complete eligible Projects for emergency protective measures, debris removal, repair or replacement of
Disaster damaged facilities.
When FEMA has obligated funding for a Sub- Recipient's PW, the Division notifies the Sub- Recipient with
a copy of the PW (or P2 Report). A Sub- Recipient may receive more than one PW and each will contain
a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as
necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will
be monitored, completed and reimbursed independently of the other Projects which are made part
of this Agreement.
Deliverables
Large Projects
Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large
Project costs shall be based on the percentage of completion of the individual Project. Any request for
reimbursement shall provide adequate well organized and complete source documentation to support all
costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA.
Requests which do not conform will be returned to the Sub - Recipient prior to acceptance for payment_
Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon:
• Timely submission of Quarterly Reports (due 30 days after end of each quarter).
• Timely submission of invoices (Requests for Reimbursement) at least quarterly and supported by
documentation for all costs of the project or services. The final invoice shall be submitted within
sixty (60) days after the expiration of the agreement or completion of the project, whichever
occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices
shall be submitted to the Division Grant Manager as part of the Sub - Recipient's quarterly
reporting as referenced in Paragraph 7 of this agreement.
• Timely submission of Request for Final Inspection (within ninety (90) days of project completion —
for each project).
• Sub - Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms G702
and G703, as required below.
A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's
project personnel with each reimbursement request attesting to the following: the
percentage of completion of the work that the reimbursement request represents, that
disbursements or payments were made in accordance with all of the Agreement and
regulatory conditions, and that reimbursement is due and has not been previously
requested.
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,
3?
Five percent (5 %) of the total eligible amount (including Federal, state and local shares) wall be withheld
from payment until the final Request for Reimbursement (or backup for advance expenditure) has been
verified as acceptable by the Division's grant manager, which must include dated certification that the
Project is 100% complete. Further, all required documentation must be available in FloridaPA.org prior to
release of final 5 %, to include permits, policies & procedures, procurement and insurance documents.
Small Projects
Small projects will be paid upon obligation of the Project Worksheet. Sub- Recipient must initiate the
Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than
the period of performance 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 fails to complete in compliance with Federal, state and local
requirements, the Division shall withhold a portion of the funding up to the full amount. Any funds
advanced to the Sub - Recipient will be due back to the Division
33
Attachment C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub - recipient, , certifies, by submission of
this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Sub - recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
c (d } era 1 1` - ,V1, 0t'- Re r overt' lA ie
By:
Sub- Recipient's Name
2.1 6
..t�1ij0
Name and Title DEM Contract Number
( o (.0 6 3
Street Address FEMA Project Number
t�� � v► 1 3 3c
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 - Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org
system in order to enter notes, review notes and documents, and submit the documentation necessary to
work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA
Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate
contact should review the agency contacts at least quarterly. The Authorized Representative can request
a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is
correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A
new form will only be needed if all authorized representatives have separated from your agency. Note that
if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not
included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the
system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming
locked.
Instructions for Completion
Complete the form in its entirety, listing the name and information for all representatives who will be working
in the FloridaPA.org Grant Management System. Users will be notified via email when they have been
granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their
account will lock them out. Each user must log in within a 60-day time period or their account will lock them
out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link
on the home page.
The form is divided into twelve blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent" — This should 'De 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 Manaaement- Insurance, and Environmental -
Historic). Providing these contacts is essential in the coordination and communication required between
state and local subject matter experts. We understand that the same agent may be identified in multiple
blocks, however we ask that you enter the name and information again to ensure we are communicating
with the correct individuals.
Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other contacts but we ask that this be
restricted to those that are going to actually need to log in and have a role in reviewing the information
This designation is only for situational awareness purposes as individuals with the "Other Read -Only'
designation cannot take any action in FloridaPA.org.
35
DESIGNATION OF AUT1IORITl' (AGENTS)
FEMI,VGRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF ENIERGENCI NIANAGEMENT
Sub - Grantee:
Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access)
Agent's Name Agent's Name
Signature Signature
Organization t Official Position Organization a Official Position
Mailing Address Mailing Address
City, State. Zip City, State, Zip
Daytime Telephone Daytime Telephone
E-mail Address E -mail Address
Box 3: Alternate Agent (Full Access) Box 4: Other - Finance/Point of Contact (Full Access)
Agent's Name Official's Name
Signature Signature
Organization 7 Official Position Organization I Official Position
Mailing Address Mailing Address
City, State, Zip City, State,Zrp
Daytime Telephone Daytime Telephone
E -mail Address E-mail Address
Box 5: Other - Risk MWgmt insurance (Full Access) Box 6: Other Environmental Historic (Full Access)
Agent's Name Agent's Name
Signature Signature
Organization / Official Posrtton Organrzauon P Official Positron
Mailing Address !stalling Address
City, State, Zip Crty , Stale, Zip
Daytime Telephone Daytime Telephone
E-mail Address E -mail Address
The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub- grantee for the
purpose of obtaining cenain Grantee and Fedinal financial assistance under the Robert T Stafford Disaster Relief & Emergency Assistance Act, (Public Law
93 -288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub - Grantee in all dealings with the State of Florida,
Grantee, for alt matters penaimng to such disaster assistance previously 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 ihe above Authorized Agents
Sub - Grantee Authorized Agent Signature
Date
36
DESIGNATION OF AUTHORITY (AGENTS)
FE \I A /GRANTEE PUBLIC ASSISTANCE PROGIt AM
FLORIDA DIVISION OF E\IERGENCY MANAGEMENT
Sub - Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization! Otlicial Position Organization / Official Position
Mailing Address Mailing Address
City, State, Zip City, State, Zip
Daytime Tclephonc 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 Namc
Signature Signature
Organization / Official Position Organization / Official Position
Mailing Address Mailing Address
City, State, Zip City, State, Zip I
Daytime Telephone Daytime Telephone f
E-mail Address E -mail Address
Box 11: Other (Read Only Access) 1 Box 12: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization / Official Position Org anization / Official Position
Mailing Address Mailing Address
City, State, Zip City, Stale, Zip
Daytime Telephone Daytime Telephone-
Email Address E -mail Address
Sub - Grantee's Fiscal Year (FY) Start: Month: Day:
Sub- Grantee's Federal Employer's Identification Number (E1N) -
Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management
Sub - Grantee's: FIPS Number(lfKnown) - -
NOTE: This form should be reviewed and necessary updates should be - made each quarter to maintain efficient communication and continuity
throughout staff turnover Updates may be made by email to the state team assigned to your account A new form will only be needed if all
authorized representatives have separated from your agency Be aware that submitting a new Designation of Authority affects the contacts that hose
been listed on previous Designation fours in that the information in FlondaPA.org will be updated and the contacts listed above %ail, replace, not
supplement. the contacts on the previous list
REV 09-09 -2017 DISCARD PREVIOUS VERSIONS
37
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 filina
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 private gain for
38
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 ail requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
!. Give the sponsoring agency or the Comptroller Genera!, through any authorized
representative, access to and the right to examine all records, books, papers, or
documents related to the grant.
j. With respect to demolition activities:
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 welis 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 Cleary 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.
39
k Require facilities to be designed to comply with the "American Standard Specifications
for Making Buildings and Facilities Accessible to, and Usable by the Physically
Handicapped," Number A117.1 -1961, as modified. The Sub - Recipient will be
responsible for conducting inspections to ensure compliance with these specifications
by the contractor,
I Provide an Equal Employment Opportunity Program, if required to maintain one, where
the application is for $500,000 ca or more.
m. Return overpaid funds within the forty -five (45) day requirement, and if unable to pay
within the required time period, begin working with the Grantee /Recipient in good faith
to agree upon a repayment date.
n. In the event a Federal or State court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing on the Grounds of race, color,
religion, national origin, sex, or disability against a recipient of funds, forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
4) The Sub - Recipient agrees it will comply with the:
a. Requirements of all provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 which provides for fair and equitable treatment of
persons displaced as a result of Federal and Federally- assisted programs.
b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political
activities of employees of a State or local unit of government whose principal
employment is in connection with an activity financed in whole or in part by Federal
grants.
c. Provisions of 18 U,S.C. §§ 594, 598, and 600 -605 relating to elections, relief
appropriations, and employment, contributions, and solicitations.
d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards
Act.
e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and
laborers (including watchmen and guards) employed on Federally assisted contracts
be paid wages of not less than one and one -half times their basic wage rates for all
hours worked in excess of forty hours in a work week.
f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least
the minimum prescribed wage, and also that they be paid one and one -half times their
basic wage rates for aii 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 wiii 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 1 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, F!oodplain 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.
t. 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;
'.ii. The Wild and Scenic Rivers Act of 1968, related to protecting components or
potential components of the national wild and scenic rivers system;
vii. The Fish and Wildlife Coordination Act of 1958;
viii Environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, regarding the protection of underground water
sources;
ix. The provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated
October 19, 1982 which prohibits the expenditure of newest Federal funds
within the units of the Coastal Barrier Resources System.
u. The provisions of all Executive Orders including but not limited to:
i. 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, coior, religion. sex or national
origin in all phases of employment during the performance of Federal or
Federally assisted construction contracts; affirmative action to insure fair
treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff /termination, rates of pay or other forms of
compensation; and election for training and apprenticeship.
ii. EO 11514 (NEPA).
iii EO 11738 (violating facilities)
iv EO 11988 (Floodplain Management).
v. EO 11990 (Wetlands).
vi. EO 12898 (Environmental Justice).
5) For Grantees /Recipients other than individuals, the provisions of the DRUG -FREE WORKPLACE
as required by the Drug -Free Wortcplace Act of 1988.
4?
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 SUBGRANTEE /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 %) 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 fiwww fema qov/ media - library- data/1504811965699 -
24dfda9ae3e22d450582553bdb62e0f1 /APPENDIX A Revised for limited sliding scale 8-23 -
17pdf
PAAP for Permanent Work (Categories C -G) Required documents:
• Fixed Subgrant Agreement Letter
https.//www.fema.gov/media-library-data/1388154577585-
398aea786c6aedbd048c371270fd7b22/508 PA Alternative Procedures Pilot Program Perman
ent Work Fixed Subgrant Agreement Letter%2012 -13 -13 pdf
• Public Assistance Altemative Procedures Pilot Program for Permanent Work Acknowledgement
https/ /www. fema. qov / media - library- data/1388155802544-
11629c78f8308b5c4120debl35460129 /PA Alternative Procedures Pilot Program Permanent
Work Acknowledgement %2012 -13 -13 pdf
All PAAP Related Documents (guides, Fact Sheets. Standard Operating Procedures, FAGs, Archived
Docs, etc.) may be found at: https
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 pilot's sliding scale
provision to high impact incidents that meet the following criteria: high concentration of localized damage;
44
large quantities of debris (over $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 (V4) which was published June 28, 2016.
45
Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency
Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA)
Program through a pilot program.
As a representative of the subrecipient, we elect to participate in the following:
Accelerated Debris Removal - increased Federal cost share (sliding scale)
x Recycling Revenue (subrecipient retention of income from debris recycling without 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.
03/05/201 B
Signatur 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 not participate in the Alternative Procedures for Debris Removal.
46
FIXED SUBGRANT AGREEMENT LETTER
DATE.
To Address:
To FEMA:
As a Public Assistance (PA) Sub - Recipient
(PAID ), 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 Date
Printed Name and Title
Signature of Grantee's Authorized Representative Date
Printed Name and Title
47
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
l Elimination of reduced eligible funding for alternate projects
O Use of excess funds
D 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_r subgrant.
7. EHP review must be completed for all subgrants, including cases where new scopes of work would
require EHP compliance, betore 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
0 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.orq)
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 FloridaPA.org website.
Contact the grant manager with questions about how and where to upload documents. and for assistance
linking common documents that apply to more than one (1) PW.
The Sub - Recipient must retain sufficient records to show its compliance with the terms of this Agreement,
including documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives under this Agreement and all other applicable laws and regulations, for a
period of five (5) years from the date of the Sub- Recipient account closeout by FEMA.
The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period
expires, and extends beyond the five (5) year period. The records must then be retained until all litigation,
claims, or audit findings involving the records have been resolved.
Records for the disposition of non- expendable personal property valued at $5,000° —° or more at the time it
is acquired must be retained for five (5) years after final account closeout.
Records relating to the acquisition of real property must be retained for five (5) years after final account
closeout.
INTERIM INSPECTIONS
Interim Inspections may be requested by the Sub- Recipient, on both small and large projects, to:
i. conduct insurance reconciliations,
ii. rev1ew 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;
it 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's/
Recipient's authority to approve; and /or
iv. there are issues or concerns identified by the Recipient that may impact funding
under this agreement.
PROJECT RECONCILIATION AND CLOSEOUT
The purpose of closeout is for the Sub - Recipient to certify that all work has been completed. To ensure a
timely closeout process, the Sub - Recipient should notify the Recipient within sixty (60) days of Project
completion.
The Sub - Recipient should include the following information with its closeout request:
• Certification that project is complete;
• Date of project completion; and
• Copies of any Recipient time extensions.
Large Projects
With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final
costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual
documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that
FEMA obligated based on an estimated amount; the Sub - Recipient should provide the documentation to
support the actual costs. If the actual costs significantly differ from the estimated amount, the Sub -
Recipient should provide an explanation for the significant difference
FEMA reviews the documentation and if necessary. obligates additional funds or reduces funding based
on actual costs to complete the eligible SOW. if the project included approved hazard mitigation
measures; FEMA does not re- evaluate the cost - effectiveness of the HMP based on the final actual cost. If
during the review, FEMA determines that the Sub - Recipient performed work that was not included in the
approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original
estimated amount. and review the additional SOW for EHP compliance.
For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the
funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance
provided at http. / /www fema.00v /alternative - orocedures.
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.
Deadlines for Completion of Work
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 Applicant's control
• Permitting or EHP compliance related delays due to other agencies involved
• Environmental limitations (such as short construction window)
• inclement weather (site access prohibited or adverse impact on construction)
FEMA generally considers the following to be circumstances within the control of the Applicant and not
justifiable for a time extension:
▪ Permitting or environmental delays due to Applicant delays in requesting permits
• Lack of funding
• Change in administration or cost accounting system
• Compilation of cost documentation
Although FEMA only provides PA funding for work performed on or before the approved deadline, the
Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for
any project that the Applicant does not complete If the Applicant completes a portion of the approved
5i
SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for
the uncompleted work. For example, if one project includes funds for three facilities and the Applicant
restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the
Applicant did not restore.
Request should be submitted prior to current approved deadline, be specific to one project, and include
the following information with supporting documentation:
• Dates and provisions of all previous time extensions
• Construction timeline / project schedule in support of requested time
• Basis for time extension request:
Delay in obtaining permits
• Permitting agencies involved and application dates
Environmental delays or limitations (e.g , short construction window, nesting seasons)
• Dates of correspondence with various agencies
• Specific details
• Inclement weather (prolonged severe weather conditions prohibited access to the area, or
adversely impacted construction)
c Specific details
• Other reason for delay
o Specific details
Submission of a request does not automatically grant an extension to the period of performance. Without
an approved time extension from the State of FEMA (as applicable). any expenses incurred outside the
P.O P. are ineligible
INSURANCE
The Sub - Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA
is intended to supplement, not replace, financial assistance from insurance coverage and /or other sources.
Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance
grants in order to avoid a duplication of benefits. The Sub - Recipient further understands and agrees that If
Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance
and!or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and
312 (c).
As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252 -253, for damaged
facilities, the Sub - Recipient understands it must, and it agrees to, maintain such types of insurance as are
reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the
insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require
insurance to be obtained and maintained for projects where the total eligible damage is less than $5,000
In addition to the preceding requirements, the Sub - Recipient under - stands it is required to obtain, and
maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding
in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, Such coverage must
at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub -
Recipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or
necessary to protect against future loss" to an insurable facility as a condition for receiving disaster
assistance funding. The Public Assistance Program and Policy Guide further states If the Applicant does
not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds
from the current disaster." If the State Insurance Commissioner certifies that the type and extent of
insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable
facility, the Regional Administrator may modify or waive the requirement in conformity with the certification
The Sub - Recipient understands and agrees it is responsible for being aware of, and complying with, all
insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252 -253.
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);
53
b) a Summary of Documentation (SOD) which is titled 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 tc, 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.
54
DESIGNATION OF AGENT
The Sub- Recipient must complete Attachment D by designating at least three agents to execute any
Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the
Sub - Recipient.
After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to
contacts via email to the State assigned team.
In the event the Sub - Recipient contacts have not been updated regularly and all three (3) Agents have
separated from the Sub - 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 Q&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 t 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 ca!! D &B, you will need the following pieces of information:
• Legal Name
• Headquarters name and address for your organization
• Doing business as (dba) or other name by which your organization is commonly recognized
• Physical address
• Mailing address (if separate from headquarters and/or physical address)
• Telephone number
• Contact name and title
• Number of employees at your physical location
How much does a DUNS number cost?
There is no charge to obtain a DUNS number.
Why does my institution need a DUNS number?
New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant
and cooperative agreement applications. The DUNS number will offer a way for the Federal government
to better match information across all agencies
55
How do I see if my institution already hasa -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 wili 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.
56
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 conceming this new Federal -wide requirement, contact
Sandra Swab, Office of Federal Financial Management, 202 -395 -3993 or via e-mail at
sswab(aom b. eop. 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 (sole proprietorship, corporation, partnership, etc.), and other taxpayer information
to the State. Submission of a Form W -9 ensures that the State's vendor records and Form 1099 reporting
are accurate. Due to specific State of Florida requirements, the State wiN 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- /lfivendor.mvfloridacfo com.
57
Attachment H
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
INSTRUCTIONS AND WORKSHEET
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on
September 26, 2006 The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
Federal awards (Federal assistance and expenditures) be made available to the public via a single,
searchable website, which is http / /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: $ Federal share 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 BUSINESS ADDRESS:
ADDRESS LINE 1:
58
ADDRESS LINE 2
ADDRESS LINE 3
CITY STATE ZIP CODE +4"
PARENT COMPANY DUNS# (if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA #):
DESCRIPTION OF PROJECT (Up to 4000 Characters)
Complete eligible Projects for repair or replacement of Disaster damaged facilities,
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4**
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE.
"Providing the Zip +4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
1. 1. In 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 subgrants 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 19869
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 httpll www .sec.govlanswersiexecomp.htm. Requests for internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
59
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives ", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions ".
`Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
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
1 Rank ( I Total Compensation
(Highest to ' Name for Most Recently
Lowest) (Last, First, MI) Title Completed Fiscal Year
1
2 1
3
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE:
DATE
60
Attachment 1
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix H 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
6 '
P). 200, App. CI 2 CFR Ch. 11(1 -I -17 Edition)
agency'. Federal awards may Include. Pro- awarding =vacs should meatier apuacbee
siding this laforttiatfoa bats • potential no- such se civlm:
pUc at Identify any requtrettteats with I. Poles o /wetect who may be reached in
which It would haw difficult? comp/Vet at multiple wars (e.g„ by telephone, FAX. and/
f4 appUatloa U successful. la those cases, or email. sa well m reenlet
early noUDatloe about therequiremeate al- 11. A tax or ere!! nether 1bat m olttple
lows the potential applicant to decide 001 to geode .Cces. so that aamee.• will rspoad
apply or to take Deeded aetloas before re emu if others ate uaesp.ctediy ►Meat
coiling the the Federal award. the .a.ou.ee• lee critical period.
[mat Deed not Isciude all or the terms and 111. afferent =meets for displace tines of
wndlUoss of the Federal award. but may help (e.g„ one for question, of peacetimes/lc
refer to ►document (with Information about conical sad a second for ad*delet ally.
how w obtain It) or lot.reet site where •p- nuestlom).
p(Icante can ado the terms and wedltiom, if R. Olatit trredy►T76.Y— OP71m1t1L
this Mndlog epportunity will lead to Federal
awards with tome epeeist' terms and cotall• his section teens include say additions/
Um= that differ [fora the Federal awarding laforuatlna that w1U .mist s potential ap-
=eoets usual feomotltme tailed "tessera") p3aat. Pot example. the melt= tulebu
term sad coadat(oa.. this me/Ma should 1. ballade whether t3U la a are program
highlight those spec}.) terms and madttlor.. ce a oarUme =Mailed.
Lofts so well alert applicant* that have ro- 11, Ile.tioa related ;mew or other up.
c.lr.d Federal swards from the Federal =odes or =gel= Federal .wa.dl.g •e.orr
sasrdlog agency previously and might not finding opportunities for_tlen)lar activities.
otherwise expect different terms ..d eeedi- M. d.ehde current Internet addressee for
:Mom. For the mere reason. the ..*.*sere• Federal awarding .gamy Web sites that *1V
trent should inform po431511a1 applicants be useful to an septic:at 1a uaderstaadlag
abort special requlrermnts that could apply the pogram,
to tarUcular Federal awards after the review Iv. Alert applIaate to the need to ldentlly
of soonestlon, sad other lcrormrtbc. based poRt terry larorauts= and inform them
on the particular 11mm:stance of the effort about the 017 Ilse Federal ewerdl.e *deter
to he •up(ariad (ea.. If batten subjects mew will beadle It.
to be involved or Weems .ftu.ibas [may jus• v. lacltde cartel. MOUtiaa notices t0 appU-
tin $pe*W terms o, letellectu.l property, (ants (err., that the Federal Coveeermet is
d11a glaring err security tegtuuemeat.). sot obligated to nuke any Federal award as
3. Repafta /— Rcq.bcd. This wetter. nest • result of the announcement or that only
Include revert! Inteem,tiee &boos the type grants or>Scers can bird the Federal Covera-
(e./., mantral or performance). frequency. [mot to the expenditure of (wade).
..d msang of sulmmiss(o. (Mier or oleo (7f FR 7004, Dec. 9e. 2033. as amended at
Uo.lc) of prat- Federal award reporting re- maim July 22. 2010!
gw3remea1t xkbUibt ass .rectal errant=
requirements for Federal yard. u.d.r lisle 3..r II TO PART 200 --CO' NTRACT
tVediee epparuenity that differ (re.. by re- PAOTIBIDNB rob NON- FEDERAL EXIT-
Port type. lreQueacy. formytarnut, or dr. TY O NTRAGTO UNDER FEDERAL
coast.ed:as for me) from what the Federal AWA1tD0
awardlae Kelsey's Federal awards usually
require. Padre's' t0rdl.e a0encle1 tm,t .Sao la •tliitiea 10 Other WV/WO= malted by
describe to top •ectioa all relevant mare- the Federal
e
memo such as those at 2 CFR 1110. 5 and 2 ag.x1 or ooa•Fe entity. all
CFR 110.900. u.gar a Feder by the mot cantata esUtr
1f the Federal share of .ay Federal award under the Federal award meet contain Ir4r!-
time include acre Uua 0500,000 .tot the Pr. a l em Contr rho ore than the lmW m a !mp . k. ltl
clod of perawroces e. this medico [moat tee ae3om1.lor tlt
bo , (A) Contracts
101 .for more th
form potential .((darts about the post entttent set at
ward reporting tl3Nm U
tls.ta reflected amount d• kith 1st dye
a laelatioa (c
amtermlad Agency
y the C1dela.
Appe.dli XII- -Award Term tad Condltloa AcgttU Lo
den= Council tad the Acg
for Recipient leteerlty and (.farm+ ace trot Reeutatieas Connell t(bo.al4) m 110-
3.001014 by .a U.B.C. Icm, malt redress u1
C PT.1)OtAL AaAftD1116 Aas1SC! COffrACiY6)— tdnistretive, man-actual. err legal remedies
REW)IRgM In inseams where loauactore violate - or
breach 000tract terns. tad provide for such
The and:mammal asst glre potential .p- easctloxr sad remains m approplgt..
p3caats a hint(.) of Boot* t far =tweet= (B) All contracts la excess of 210.000 mat
questions or helptae with problems while the adman termination for cause fad for cons
funding oppsWntty le opt.. The 10ts11 of eenteoce by the noa.Fedttal malty including
thee requirement ts to be as belprnl to pm, the manner by which it will be effected age
Uhl* to poteettel appllea.ats, so the Federal the lwis tar settlement.
200
62
OMB Guidance Pt. 200, App.!!
(C) Equal Employment Opportunity. $- Part 5). Under 40 U.S.C. 7702 of the Act, each
met as otherwise provided under 41 CFR contractor must be required to compute the
Part 60, all contracts that meet the deflnf wages cd every teebanio and laborer on the
Una of "federally as..Iated construction tan- basis of a staadatd work week of 40 hours.
tract' in 41 CFR Part 00-1.3 meat include the Work Is extreme of the etwdsrd work week is
equal opportunity muse provided under 41 permissible provided that the worker to com-
CFR 60 -1.4(b) to accordance with Executive peawted at a rate of not leas than me-and a
Order 10540, "Equal Employment Oppor ba.H throe the baste rate of lay ror all boors
Malty" 030 FR 12319. 12910. 3 OFR Part, 1964- worked in excess or 40 hours in the work
19855 Comp., p. 339). ne emended by Executive week. The requirements of 40 U.B.C. 3704 are
Order 11375, "Amending Executive Order applicable to oonetntcUon work and provide
11216 Retatime to Equal Employment Oppor that no laborer or mechanic must bo re-
utntty," and Implementing regulations at 41 mired to work In surroundings or nnder
CFR part 00. "Office of Federal Contract working coodttlnns which are unsanitary,
Compliance Propane, Equal Employment baxardous or dangerous. These requirement*
Opportunity, Department of Labor." do not apply to the purchase. of auppltee or
(D) Davis -Bacon Act, as ausaded (40 U.B.C, materials or articles ordinarily available on
3141 -3046). When required by Federal program the open market, or contracts for tramper
legislation, all prime ocastruction contracts tattoo or traeemialon of lntelllgencs.
In excess of 13.000 awarded by non - Federal (F) Rights to laventloaa Merle Under e
entities Haut Include a provision for eormll- Contract or Agreement. If the Federal award
ante with the Davie -Bacon Act (40 U.B.C. meet.* the definition of "fundla4 agreement"
31414144, and 3146-3149) as supplemented by under 37 CFR 1401.2 (a) and the recipient or
Department of labor reguladona (29 CFR subreclpieat Maher to enter Into a contract
Part 5, "Labor Standards Provisions Appil with a small heathers firmer eonnroflt arm-
cattle to Contracts Covering Federally Ft- nWtion regarding the substitution of per-
muted mad Assisted Construction "). In tie- tlee. assignment or performance of expert•
mrdaace with the statute. contractors taut mental. developmental, or research work
be regnirsd to pay wages to laborers had fro- wader that "towline agreetrrnt,' the reclpl-
chaalce at a rate not lean than the prevailing ant or auhrecip)ent must comply with the re
mess specified in a wage determination retirements of 37 CFR Part 401, "Rights to In
made by the Secretary of Labor. la addition, aerations Made by Nonprofit Organisations
contractors mast bo required to pay wages and Shell 1lgalene Firma Under Govern
not leas than once a week. The non- Federal meet Grants, Cassette and Cooperstire
entity rust place a copy of the current pro Agreements," and any implementing mule
ratline were determination by the Do- Bone lamed by the e.rardine agency .
partwlent of Labor in each sellcltatloa. The (01 Clean Mr Act (42 U.S.C. 740:- 7671q.) and
decision to award • contract or subcontract the Federal Water Pollution Control Act (27
mot be condit(ooed upon the acceptance of U.B 1251 1107). tie atneoded— Contracts and
the wage determination.'Phe ma- Federal en- auhgtsuts of etottnts In extra of 3150.000
tit; must repot till suspected or reported mast contain a lrovieton that requires the
violations to the Federal awarding agency. non- Federal award to agree to comply with
The contracts must clan Include a provision oil applicable standards, orders or vestals
for compliance with the Copeland "AaU• time lasued pursuant to the C1e6n Alr Act
Kickback" Act (40 U.S.C. 3145). as supple- (41 U.S C. 7401- 7671q) and tee Federal Water
minted by Department of Labor reculnUons Pollution Control Act as amended (31 U.S.C.
(29 CFR Part 3, "Contractors and Sub- 1251- 1317). Violations Lust be reported to the
contracton on Public Building or Public Fed= s1 awarding agency and the Regional
Week Flnamed In Whole er in Part by Loam Office of the Environmental Protection
or Grants Rom the United States "). The Act Aceace (SPA).
provides that each ooatractor or sub- (ID Debarment and Suapenslon (Executive
recipient must be prohibited from inducing. Orders )4549 and 12669) —A contract award
by any trans. any person employed In the Gee 2 CFR 120 -220) must not be made to par -
constrttcttoa, completion, or repair of public tine Rated on the covernmentwide exclusions
work, to mire up any part of the cntigeosa- to the System for Award Management
lion to which he or ate 1* otherwise entitled. (BAM). is accordance with the OMB guide -
The non•Fadetal -entity must report all ate• Have at 2 CFR 160 tbat implement Executive
peeled or ;sported violations to the Federal Orden 11559 (3 CFR part 1960 Comp,, p. 199)
awarding agency, and 124S (1 CFR tart 1999 Comp.. p. 2355).
(E) Contract Work Hours and Safety " Debarment and Suspnatan." SAM Exclu•
Bleedards Act (40 U.S.C- 373(470U). Where alone contains the names of partite debarred,
applicable. all contract* awarded by the non. suspended, or otherw(ss excluded by men.
Federal entity In extreme of 5100.090 -tha: In- cies, as well as partite declared toeUCible
vote* the employment of mechanics or 'tabor- under statutory or regulatory authority
eta remit toclude a provision-fur compliance other than Rxecattve Order 125549.
with 40 U.S.C.- 3702 and 3704, ere supplemented (I) Byrd Aatl- Lobbylne Amendment (3i
by De pertenent of Labor regulations (29 CFR U.S C. 1352)— foneracton that apply or bid
201
63
P1. 220"0. App. 111 2 CFR Ch, 11 (1 -1 -1: Edition)
br an award .sesedtng S100,000 most file the e1oao.tinl treetitent may tnciade it in the
required certification. Emit -tier certifies to imteuetion runeuan.
the tier &bon tkat it will not sad lam not (2) DepOrlawninl - r.eeerch unaa► rematch,
aced Federal saaroartated funds to oy Wig derelopaent had nehutar17 netieitles teat
lemon err aresniaUea for tnitereln; or at are not ost;adred research ad. con•
tetaptin[ to iaff*snce as officer or employee iequenel7, are net separately l,udoeted and
of any agency. a member of Comma, officer meet sited for- Departmental research, tar
or employee of Ora reed. or an employee of • purpose. of this document. la not considered
member of Conereaa la eeunocUoa rile ab aa • reader Rosettes but ea a pert of the in
teidnl soy Federal contract. grant cg any ttlucUoa function of the tastltution.
other award cowered by 31 11,6.0. 152, rub (3) Only mandatory cwt taming or cost
tier most also dtaelour any i0bbyiag with Marlon apeclttea117 committed to 1L. p.oiect
rwa•r.4.rs1 1004. that cites p la,a t0 ono- 14201st matt be 100)0ded in the OITanlred re-
factions with obtaining .*y Federal award, search babe fortemp:aim the indirect (MA)
Bush disclaimed me forwarded from tier to poet rats or ren.ct.d is 1.247 .1100U0100 fa-
lter up to the no.- Federal award. direct coals. fallow mete above .10141007
(J) Bee 1200327 Prepayment of t e4 limas are not ceneldered met shariae.
naterfaL• b. Organised research means ►11 -1eaesrch
170 FR 711001. Deo. 24, 2017, se amed4 . at 70 that eepusW17 budgeted had amounted
FR 72=1. Dec, le. 20141 for. It 1a01ud1s:
(1) Speseend rns.reh moose an research
APPENDIX III To PART 200— I1(DIREC'T and d.,aloptrxnl ectlntt * that are .Foe.
map.) COOTD INNINrincATION AND 8rsd by Federal mad son.F.deral acende*
ARRIONMENT. AND RATC D070RefiNA- ad ormaltatiem. Ills terms Isarmdes sc0l*1
TtoN FOR INeT[iUTloNe of n 1ar01rttr the :redoing of ledltiduale In
EDUCATION (IPIEa) rammob �� re
Iqu.. (o*uumoly called -
search trsiaies) where activities utilise
A. G7sCkal, the name tscUitla as other research mod de-
vctopment actielttta and oboe such setts!
The appendix p.ovlrtm criteria, for ideati- ties are not imitated in the imtructico tune-
Ding and tompatlng indirect (or Indirect U01,
(FCA)) rates at 1}IEs (lwtltutiom). Indirect (2) (fnWently research metro ail research
(F8d) clots ars there that are incurred. fa •d descblarent 1001 *11103 teat are fele
catttman or joint ohlxUree ad therefore rarely bod0•ted ad accounted for by the te-
caanot t, ldeatified weedily sad sp.docan. 'titmice under an Internal 1, 011catioa of 1.-
*110 a ir sponsore pro)s01- as la, 'Mottoes) Nods, University research. far
atr0cuotal ae a taw other 4,8(00• PII of this do0mmeet, cosec be eate-
tlaaal activity, nee subsection H.1, Pxlnl• 01r1 with .{oasored rsaeas00 nicer the
tine of Facuut. ad AdmlaLtralloa. for :WWIIoaof *grinned reeesreb-
Ate"rrMian at the oomptnen of 1dlr&t o. Other rpm0o00d a0(;4Jtta means pomenve
(FAA) ems, and projects- nmaced h7 F'odorwl wad moo
Federal aveact.e and oritaltatbne which lb
1. Maio. F eoctiatr - of an hstitutloa wove the ration:mace of work otter than la
atruetion led ormalaed research, Example&
Haten 10 Imerueu00. ortmdsed 0..asre4 of arch rrocraen and reelects are hea)I0
other sponsored a0U,111.s mad other Inatitm � pro)ecu tad eomrrstett7 meeite Re
Uoml activities era - danced In this escUoa: t:ram0. However. when eras of theme 1,11811..
0. lnetrsdite train its teaching sad ore uadrrt.ten by the ic.titutloa without
trhlaral activities u tasttuttion.. Except wawa. 12.pott. 10x7 tmy b. cla»lMd as
air research tral1.1a0 as provided In sub- otter 1mtttatloaal activitte.-
smarm b. this term lecludee all teaching sad ef. Other rar::tutianal artrntn amass all ee
malaise 1ctivittea whetter they ere offered sterner of an e0stteutioe .wept 0r heir e.
for credit. toward s decree or catlnote or non, departmental reesuoh, orea0tssd r.•
on aoacredlt basis. sad whether they an search, and ether s0eiamed set:rake, u dr
offered throttle reveler academic detail- need in tale motion; indirect (V&A) eat 1e-
mate or separate 41talons. such m It sum Uvitls Identified la this Appendix pars•
over ahead division nr an ea teasie, dtel.Ioo, iraph 0, Identit10at1ontad aasl1arme0 0.110
Also considered part of this mater 0mttlo1. direct (F8A) costa: ad eptrctl8ed ermine
we department.; rcaearch, aid. where facilities desalted in j2o0.ie1 d ectalited
ached to, anleenity.esearct. service facilities of this Fart.
(1) Spansaed Isarvelee and lralnixa comae Rxam31ee of other Institutional asatvi01e.
•pecif a Instsuctlosal or training activity as include operation of 0esldoace hall.. dlniol
tabllehed by grant. toatract. or cooperative halls, hospitals and ditties attedeet unions.
&enetrata. Far tm•poms of the cost win• lnterCellepate athietlet, benkstoro., 800(27
cipyee. this activity may be oomideted a ho*Ung, etndeat apartlOoota wrist bootee,
major /Unction awes chicle an iatitutfon's chapel, theaters, while !relevant., ',Mother
202
64
Attachment J
DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT
The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by
Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed
below:
There have been 32 separate instances where Grantees /Recipients or Sub - Recipients did not follow the
prescribed rules to the point that the OIG believed the below listed violations could have nullified the
FEMAIState 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 010 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•obiigation of funding given under the FEMAIState 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.
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• 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 1 have received a copy of, and have been briefed on, the above DNS OIG Audit Issues.
Monroe County 03/05/2018
Sub-Recipient Agency Date
Signature
Tina Boan. Sr. Director Budget & Finance
Printed Name & Title
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Attachment K
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below,
[ j 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 20 -20 Anticipated Expenditures for First Three Months
} (list applicable line items) of Agreement
Example: PW#00001(0) Contract Work $1,500,000.00 (provide detailed justification).
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need
for the cash advance. The justification must include supporting documentation that clearly shows the
advance will be expended within the first ninety (90) days of the contract term. Support documentation
should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the
Division reasonable and necessary support that the advance will be expended within the first ninety (90)
days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract
term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399,
within thirty (30) days of receipt, along with any interest earned on the advance).