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Item D11C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting August 15, 2018 Agenda Item Number: D.11 Agenda Item Summary #4470 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Steven Sanders (305) 295 -4338 Regular Meeting AGENDA ITEM WORDING: Approval to award bid and authorize the Mayor to execute a contract with Sea Tech of the Florida Keys, Inc. in the amount of $118,825.00 for drywall repairs and flooring at the Marathon Annex building for damages imposed by Hurricane IRMA. Funded through hurricane funds. ITEM BACKGROUND: On 07/05/18, a bid opening was held for the Marathon Annex Drywall Repairs and Flooring for the permanent repairs from damages caused by wind and flooding from Hurricane Irma in September 2017. Two bids were received with Sea Tech of the Florida Keys, Inc. submitting the lowest responsive bid in the amount of $118,825.00 for these repairs. PREVIOUS RELEVANT BOCC ACTION: On 06/20/18, the BOCC approved to advertise any required solicitations or proposals for repairs, work, or services resulting from damage to County facilities as a result of Hurricane Irma and authorization to proceed with such repairs, work, and services. CONTRACT /AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2018.07.26. Contract Marathon Annex Drywall Repairs & Flooring PDF Copy Bid Tab Sheet FINANCIAL IMPACT: Effective Date: August 15, 2018 Expiration Date: Substantial completion not later than 45 days after date of commencement or issuance of a Notice to Proceed and final completion within 30 days thereafter. Total Dollar Value of Contract: $118,825.00 Total Cost to County: Possible 12.5% Current Year Portion: $118,825.00 Budgeted: Y Source of Funds: 125 0459110 530460 IRMONREI CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: Additional Details: If yes, amount: Yes 08/15/18 125 - 0459110 -HURRICANE IRMA IRMONREI $118,825.00 REVIEWED BY: Cary Knight Completed 07/27/2018 5:30 PM Patricia Eables Completed 07/27/2018 5:45 PM Kevin Wilson Completed 07/28/2018 12:10 PM Budget and Finance Completed 07/30/2018 12:57 PM Maria Slavik Completed 07/30/2018 12:58 PM Kathy Peters Completed 07/30/2018 1:06 PM Board of County Commissioners Pending 08/15/2018 9:00 AM N'IARATHON ANNEX DRYWALL REPAIRS SECTION 00500 AGREEMENT Agreement e and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Fifteenth day of August, 2018 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Sea Tech of the Florida Keys, Inc.. 131 Palomino Horse Trail Big Pine Key, FL 33043 For the following Project: MARATHON ANNEX DRYWALL REPAIRS AND FLOORING Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Marathon Annex building dry wall repairs and upgrade of electrical outlets to GFCI behind the kitchen counter, Install new counter top and cabinets in the Fire Rescue kitchen. Repair the drywall to match with the existing walls. Paint walls to match the existing. Install new Carpet in two (2) 10'X 10' offices. Install Vinyl Flooring in some the offices and hallways. Install new Kitchen Cabinets in Annex Kitchen to match with the existing. (As more fully described in the RFP in Section 00100, paragraph 2, Scope of Work) AGREEMENT Page 1 of 100 MARATHON ANNEX DRYWALL REPAIRS ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP 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. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. 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 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 achieve Substantial Completion of the entire Work not later than Forty -Five (45) calendar days after the date of commencement or issuance of a Notice to Proceed. 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. SECOND 15 DAYS $100.00 /Day 200.00 /Day 500.00 /Day 1,000.00 /Day 31 ST DAY & THEREAFTER $250.00 /Day 750.00 /Day 2,000.00 /Day 3, 500.00 /Day The Contractor's recoveEy 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 AGREEMENT Page 2 of 100 FIRST CONTRACT AMOUNT 15 DAYS Under $50,000.00 $50.00 /Day $50,000.00-99,999.00 100.00 /Day $100,000.00- 499,999.00 200.00 /Day $500,000.00 and Up 500.00 /Day SECOND 15 DAYS $100.00 /Day 200.00 /Day 500.00 /Day 1,000.00 /Day 31 ST DAY & THEREAFTER $250.00 /Day 750.00 /Day 2,000.00 /Day 3, 500.00 /Day The Contractor's recoveEy 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 AGREEMENT Page 2 of 100 MARATHON ANNEX DRYWALL REPAIRS 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Eighteen Thousand Eight Hundred Twenty -Five and 00/100 dollars. Dollars ($118,825.00), 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: Alternate # 1: No Alternates Specified 4.3 Unit prices, if any, are as follows: No unit prices specified ARTICLE 5 Progress 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: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10 %. Pending final determination of cost to the AGREEMENT Page 3 of 100 MARATHON ANNEX DRYWALL REPAIRS Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) AGREEMENT Page 4 of 100 MARATHON ANNEX DRYWALL REPAIRS format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 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. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 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. By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. AGREEMENT Page 5 of 100 MARATHON ANNEX DRYWALL REPAIRS In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor or Contractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 7.6 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 five (5) years from the termination of this agreement or for a period of three (3) years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their 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 five (5) 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, Florida Statutes, running from the date the monies were paid to Contractor. 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 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. AGREEMENT Page 6 of 100 MARATHON ANNEX DRYWALL REPAIRS 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. j) Nondiscrimination. The parties 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. The parties agree 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 in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101 - 6107), which prohibits discrimination on the AGREEMENT Page 7 of 100 IIIIARATHON ANNEX DRYWALL REPAIRS 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, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article ll, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 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 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix Il, ¶ C, agrees as follows: 1) 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, 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 AGREEMENT Page 8 of 100 MARATHON ANNEX DRYWALL REPAIRS 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 legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractors 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 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. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provi9ions of paragraphs (1) through (8) 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 non - compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as AGREEMENT Page 9 of 100 MARATHON ANNEX DRYWALL REPAIRS 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. 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. 1) 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 Access. 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 Fla. Stat. Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: AGREEMENT Page 10 of 100 MARATHON ANNEX DRYWALL REPAIRS (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (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 shall 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- AGREEMENT Page 11 of 100 MARATHON ANNEX DRYWALL REPAIRS 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 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 Agreement 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 AGREEMENT Page 12 of 100 MARATHON ANNEX DRYWALL REPAIRS 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 action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) 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. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. AGREEMENT Page 13 of 100 MARATHON ANNEX DRYWALL REPAIRS 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. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 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 the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to 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. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 7.7 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: Sea Tech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key. FL 33043 For Owner: Director of Project Management Assistant County Administrator. PVV & E 1100 Simonton St. , Room 2 -216 1100 Simonton St Key West Florida 33040 Key Vilest, Florida 33040 7.8 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: AGREEMENT Page 14 of 100 MARATHON ANNEX DRYWALL REPAIRS 7.8.1 Clean Air Act and the Federal Water Pollution Control Act 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). 7.8.2 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. 31413144 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 copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto 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 subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 1) 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. AGREEMENT Page 15 of 100 MARATHON ANNEX DRYWALL REPAIRS 7.8.3 Contract Work Flours 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 forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7.8.4 Ri hts to inventions Made Under a Contract or A reement. 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. 7.8.5 Clean Air Act f42 U.S.C. 7401 -7671 Water Pollution Control Act 33 U.S.C. 1251 - 1387) as amended Contracts and subgrants of amounts in excess of $150,000 must 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7.8.6 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 government wide 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. 7.8.7 By Anti-Lobb ying 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 AGREEMENT Page 16 of 100 MARATHON ANNEX DRYWALL REPAIRS any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 7.8.8 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 amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed 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. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA - designated items, is available at EPA's Comprehensive Procurement Guidelines web site, htt s:1J .e a. ov /sr m,/corn rehensive-r)rocurement- uideline -c : p t o ram. 7.8.9 Americans with Disabilities Act of 19903 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. 7.8.10 ' Disadvantaged Business Enterprise DBE Polipy 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 Page 17 of 100 MARATHON ANNEX DRYWALL REPAIRS Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as a22rp2riate 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. 7.8.11 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. 7.8.12 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 7.8.13 Access to Records The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 7.9 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 ". AGREEMENT Page 18 of 100 MARATHON ANNEX DRYWALL REPAIRS 7.10 The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 7.11 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extend allow and required by law. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 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 seventy -two (72) hours' 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 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 AGREEMENT Page 19 of 100 MARATHON ANNEX DRYWALL REPAIRS COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: Sheet A -1 b) Project Manual: None 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None 9.1.4 The Addenda, if any, are as follows: Addendum No. 1 Date June 18, 2018 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. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT Page 20 of 100 MARATHON ANNEX DRYWALL REPAIRS 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: B Deputy Clerk Mayor /Chairman Date (SEAL) signatures Signature: Signature: Print Name: U LI AJ Print Name: Title: / Title: Date: Date: and Date: STATE OF FLORIDA, COUNTY OF Nkayn'ro P On this .2-5 day of 20jj, before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for Marathon Annex Drywall Repairs and Flooring for the purposes therein contained. Notary Public k Seal „ -r. � Hat44 mar End of Section 00500 AGREEMENT Page 23 of" Packet'Pg. 927 MARATHON ANNEX DRYWALL REPAIRS GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 Section 00970 Section 00980 Section 01015 Section 01027 Section 01030 Section 01040 Section 01045 Section 01050 Section 01200 Section 01301 Section 01310 Section 01370 Section 01385 Section 01395 Section 01410 Section 01421 Section 01500 Section 01520 Section 01550 Section 01560 Section 01590 Section 01595 Section 01600 Section 01630 Section 01640 Section 01700 Section 01710 Section 01720 Section 01730 Section 01740 General Conditions Project Safety and Health Plan Contractor Quality Control Plan Contractor's Use of the Premises Application for Payment Alternates Project Coordination Cutting and Patching Field Engineering Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Request for Information — (RFI) Testing Laboratory Services Reference Standards and Definitions Temporary Facilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post - Proposal Substitutions Product Handling Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data Warranties GENERAL REQUIREMENTS Page 22 of 100 m x W D 00 N W O F+ O O ar ■ • • • L I r I '- r. . r r r + r r r 1 IIVIARATHON ANNEX DRYWALL REPAIRS General Decision Number: FL180063 07/06/2018 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.dol.gov /whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 02/23/2018 3 03/16/2018 4 07/06/2018 * ELECO349 -003 03/05/2018 Rates Fringes ELECTRICIAN......... ........ ..... .............. ... ......... ............. ............................ $ 33.11 12.31 ENGI0487 -004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Ca ....................................... ............................... $ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under ..................... $ 22.00 8.80 EXHIBIT A Page 24 of 100 MARATHON ANNEX DRYWALL REPAIRS IRONO272 -004 10/01/2017 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING .......................... $ 24.89 10.10 PAINO365 -004 07/01/2017 Rate Fringes PAINTER: Brush Only.....—.— ......... ......... ......... .. $ 20.21 10.08 SFFL0821 -001 01/01/2018 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ....... ................. ............................ —.$ 28.38 18.89 S HEE003 2 -003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . ............................... $ 23.50 12.18 SUFL2009 -059 05/22/2009 EXHIBIT A Page 25 of 100 Rates Fringes CARPENTER .. ........................,.,.. ...,.... ......... ......... ,,....... .................. $ 15.08 5.07 CEMENT MASON /CONCRETE FINISHER... .. ......... ......... ................. $ 12.45 0.00 FENCEERECTOR ........................... .. .......... ...,.,............... ,...... ,......... ......,.., $ 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 EXHIBIT A Page 25 of 100 MARATHON ANNEX DRYWALL REPAIRS PLUMBER.... ......... .................... ......... ............................ ROOFER: Built Up, Composition, Hot Tar and Single Ply.......... SHEET METAL WORKER, Excludes HVAC Duct Installation. ....... $ 12.27 3.33 ,...... $ 14.33 0.00 ...... $ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away ................... $ 8.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 0.15 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. 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) (1) (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 particular rate 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 EXHIBIT A Page 26 of 100 MARATHON ANNEX DRYWALL REPAIRS 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 date for 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. 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 on a wage determination matter * a conformance (additional classification and rate) ruling EXHIBIT A Page 27 of 100 MARATHON ANNEX DRYWALL REPAIRS 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 formal 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 Administrative Review 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 EXHIBIT A Page 28 of 100 m X co co d CD CD N �O O F+ O O c O z X O m 0 O C z v m G� m m K m z I X O z n z z x v n r r X m M X Mil UMM=si IT&M."11 r. . r r r + r r r 1 MARATHON ANNEX DRYWALL REPAIRS APPPA"IX C-1 - GramwSubgrumis . - t vkm cm%Trjai,r�t Nvwx Z0002 0 , K , I r1" M,Im ow, Owl tj�, F 4iil�� 1)1-,v,1mApjpjvNA Wk .311 f ,, , ! }yet �), D 1, 1 1 "".. WDR S 2,858,535 94 Howling rd w �Nj [t, �K "awnd Rck im flnm�v DWo Rewived Vi,w1,%qwm1 Sip.,UL" 1h%fmwv11uwmA M40i OrijpdrW Apwwft 6w khRik CwlpolA Arimumm 3 ® I NW mp"m m'.11 Owp� W AVvvnww EXHIBIT B Page 30 of 100 I - I SgCnQN 1 q11_ CONTRACT a AWARD AMOUNT 12,85§ 514 DIVISION . OEM BUREAU R Aovary_ PROGRAM JLRA337LWet0iFqr SUBGRANTEEJCCNTRACTOR NAME , SUBGRANTEEJCONTRACTORAODRESS: t9fta1,S1e 2-213 Key W F 49 WARRANT REMITTANCE ADDRESS) Same as above SU13GRANTEECONTRACTOR CONTACT PERSON TITLE hered SeTvi PHONE I FAX E -h AK ,91RQ gov DEM CONTRACT MANAGER TECANN ING DATE — (W I Oi 1 71 ENDING DATE FEDERAL EMPLOYER IDENTIFICATIONISOCLAL SECURITY NUMBER� OR SAMAS FUND IDENTIFICATION NUMBER (STATE AGENCIES ONLY - 29 DIGITS) MINORITY VENDOR CODE _ (if Applica6le, choose or* H-Black, I-Hispam, J-A&Qn. K-Nalme Amencan, M-Woman) I. IIIJIlk I I I: Wf=, WA90 1 1 ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY Q-Qup m COUNTY AWARQMqLjtj 9Q0kLEt9ATQH T Mon" $2.858 STATEWIDE ALLOCATION GRANT REPORTING REOUIREMENTS (Grant Awards Only) (MaMotAhty, OR-Ouarterty, NA) ORGANIZATION LEVEL .,,.. , ¢ CFDA 0 97 936 CSFAN OEM GRANT 0 7 f FUND 1 2-760001-10510 ED 22 SZ 4 §Jq OEM GRANT 4.V7t FUND 2-239047-145154 ED n� 3 DEM GRANT 0 FUND 3 EO S 'F THIS IS A MODIFICATION MODIFICATION 4! EFFECT • MOO ON AMOUNT OF INCREASEiDECREASE IN AWARD AMOLIJ SECTION A . F1 "ANC § AN 0 AC CQQN11B QV§fpW (To be r nip o leted by Finance and Accour-mrig) _ FIDO SAMAS CONTRACT it INPUT BY DATE EXHIBIT B Page 31 of 100 1 1 1 VIARATHON ANNEX DRYWALL REPAIRS This 0",eCkliST and the Standard contract audit language may be obtarim electronfcatly from The Executive Office of the Governor's webs-.to (h tip Pwww myforida himi) If Flonda Single Audit Art State project Del.erm;nalion Checklist has not been Previously completed, please complete it now (Applies only to State agences) Th;s checklist must be used by State agencies to evaluate the applicability of the li SjngFe Audit Act (FSAA) to non • state arganizalions' al!W a state program has been determined (using the Florida Single Audit A41 State project Determination Checklist) to prnv4e stale financial ass;slance (i e is a Stale Project as defined in 215 97 (2t(r), F S-) This checkist assists in delerm:ning 11 the non -state orgarnizaLon rs a vendor, reciptent1subroctpicot, or an exempt organization A non -state organization is defined as a nonprofit orgamzattcn, for-profit organization (including sole proprietors), c. Florida local government {excluding district school boards, cii'a(ter schools and community curcegoes) which iocelves Stale rewirces, Recipients and subrecipjants of state financial assistance must also use this checklist to evaluate the appkcabililty of the FSAA to non-slate organizations to which they provide Slate resources to assist in cairryong out a State Project Name of Non-state Organ izalion Type of Non -state OrgarliZat*m Ln (i e nonprofit, for-prolo local government if the non-stale organization is a local government, please indicate the type of local government - inunicipali ty, co:snly commission, constilutiana officer, water management district, etc Awarding Agency 11vision . . ....... . . ..... Title? of Slate Project fedigral N. Cata.'Og of State Financial Assistance (CSFA) Number Con.tracVGrant/Agrelement Number ZW 1 Is the non-siate organization a diSLI Ict school board, 0artef school, community college, govern me n Vpubiic university outside of Florida or a Federal agency? X 2 Is the relationship m1h the non -slate organization only to procure comwod (as defined in 287 012(5) F S )? 3 Does the relalionship wilin The non•state ofg3nizatton consist of only Federal resources, State matching resources for Federal Programs or local matching resources for Federal Pro-grams? 4 Does the relationship valh The non-state organization consist of only State maintenance of effort (MOE) resources that meet all of the following criteria? X A Do Federal Regulatons specify the requirements for the Use of the Stale MOE resoLlfoes Ind are there no additional State requffer-ents? B Do conlra contain sufficient language to identify the State MOE resources and the asswaled Federal program? X G Do A-1 33 audit foQuifenritrils apply To the Stale MOE resources and 00 cleat acts slfpWate that the State MOE sesources should be tested in an A-133 audit in accordance with Federal Program requirements? MOE refers to the Federal maintenance of eff0ftfieVC1 Of effort rCqU1rtMen!S as defined by OMB Circular A-1133 Compliance Requirement G (Matching, Level of Effort, Earmarking) It any of 1-4 above is yes, the recupient-'vendrir relationship deterrinmalion does not need to be completed because the FSAA is not applicable to the non-state organization, Revised January 01. 2002 Form Number FSAA_CL2 EXHIBIT B Page 32 of 100 MARATHON ANNEX DRYWALL REPAIRS P"T 0 R e cAo a 0 kyVarW R lalionship Delerminahan ' - 1 1 Ravosed Januaey 01, 2002 Foan Number. FSAA EXHIBIT B Page 33 of 100 MARATHON ANNEX DRYWALL REPAIRS Conwact Wmber: 8 '2 N29 FEDERALLY-FUNCE0 SUBAWARD ANO GRANT AGREEMENT Sub -F evpenrs narno Sub PA 0 Nurnl>ar derviler Fodefal Awiva lcW9hrc*lkrn Nion"r (FAIW Fedval Award Dow Sub�Vgrd Pefl of ftrklnnvKe Stan and E Daft; 1'., Amount of Federal Fur-ds Obigated by tli,s ATt.wr.rmt Tom' I Atnow" of Fv, Fund% CtStased lo " Sub-Re*ovornf &Y Me 04SA, !h ent-ty to kr-- M-5 Agcewnqp,1 Trital An FWaral Award ccrnnt-itac kolhe S6t-F40mie"I by lho plmtbirough anjily Fade al &,void PeO,41• - 1 desceiptinn Nat FFATAh cerl —o L l-,-.' a o"l Name M FllderW wwardirg ageiny L�eLp( "q�'—+-M-!�n'—;trg-$49!'U rflY. Q!LS�' Eq 0 pge-Om" n� --it Nfl4nd Of P,"S•',hrD6'gh SfuitV F-Lowmi --cex- fj.�) 0 a %tj � 0 1 tLFP EN, . .. .... EXHIBIT B Page 34 of 100 MARATHON ANNEX DRYWALL REPAIRS Canted InWrialmn for tne pm-tnm4h 0" COW09 Of Fild0ral DOMMOC Alwar (CFDA) �jlvtx-i smW Man*, Whe'Two ths &"fd % Re"wirch & Dev.'.�' %p I lent 0 �dt(Xl CW We $at Uw FwIeW wware, 51nLQ-L! K EXHIBIT B Page 35 of 100 MARATHON ANNEX DRYWALL REPAIRS 0 EXHIBIT B Page 36 of 100 MARATHON ANNEX DRYWALL REPAIRS 0 EXHIBIT B Page 37 of 100 MARATHON ANNEX DRYWALL REPAIRS 5 EXHIBIT B Page 38 of 100 MARATHON ANNEX DRYWALL REPAIRS 0 EXHIBIT B Page 39 of 100 MARATHON ANNEX DRYWALL REPAIRS h EXHIBIT B Page 40 of 100 MARATHON ANNEX DRYWALL REPAIRS M EXHIBIT B Page 41 of 100 MARATHON ANNEX DRYWALL REPAIRS z EXHIBIT B Page 42 of 100 MARATHON ANNEX DRYWALL REPAIRS EXHIBIT B Page 43 of 200 MARATHON ANNEX DRYWALL REPAIRS Inspector Office of the, General . Oak Boulevard EXHIBIT B Page 44 of 100 MARATHON ANNEX DRYWALL REPAIRS 12 EXHIBIT B Page 45 of 100 MARATHON ANNEX DRYWALL REPAIRS Al EXHIBIT B Page 46 of 100 MARATHON ANNEX DRYWALL REPAIRS EXHIBIT B Page 47 of 100 MARATHON ANNEX DRYWALL REPAIRS X bound by *� applicable tows, regulakms, and agresmeni terms If during as review the Division identifieg any ae6ciencies, then the DmOon shaR cf !e those defi"ncies to the Sub-Rempient as quickly as possib* within the three (3) business y outlined above If the Sub-RecipieAj pub. a cOmPelitive SOCUlion after recejvqV comments from the Division Ihal I" soltcila`!Kx� is deticient, then the Division may para5l.ap-h g 17) above, and, rlff� Term"rtate this Agrearnettl in aoomdance with lhe provlsiar outlined in It Refuse to reimburse Iho Sub-Recipient fat any costs associated vrAh that f The Sula agrees to inckAe, in Ito siobcontract that (I) the subcontractor is bound by the terrns M I 4 1 r 'tie6b% Itat" Z.1d laws and regufalions, and (iir)i the subcontractoi shall hold Elie Division and Sub-Recpient harmless apainst W clams f Agreemont, to the extent allowed and required by law EXHIBIT B Page 48 of 100 MARATHON ANNEX DRYWALL REPAIRS V 9 As required by 2 c r R §200 318(c)(1), the Sub-Rocipient shall *maintain writieft standards Gf r 2f the Wect�on. award and administratmn at conlracts ' h As requiread by 2 C F R §200 319(a), t" Sub-Recipient shalf conduct any procuroment under this agreement 'in a tn3riner providing full and open c0mpebtion ' ACcordingly, the Suib-Recici�ent shjill not 09 ATTACH M4-N 9 EXHIBIT B Page 49 of 100 I'VAIARATHON ANNEX DRYWALL REPAIRS M as All att achments to Jhis Agreameni are incoipowaied as if sell out 1uhy EXHIBIT B Page 50 of 100 MARATHON ANNEX DRYWALL REPAIRS K Div"lon of Emergency hfamVememj Csshrer EXHIBIT B Page 51 of 100 MARATHON ANNEX DRYWALL REPAIRS EXHIBIT B Page 52 of 100 MARATHON ANNEX DRYWALL REPAIRS Im EXHIBIT B Page 53 of 100 MARATHON ANNEX DRYWALL REPAIRS li EXHIBIT B Page 54 of 100 I'VIARATHON ANNEX DRYWALL REPAIRS M 125)L �41f) The sub-Rectpierit corltilias Ithat it has the "at authority to receive the funds under this Agreement and that Is goveirring b—dy has authorized the executio and acceptance of this Agreemoront The Subr-Recpient also certifies t1i tM I — , I Sub-Recr&nt to the terms of this Agreement I The conlrzrctof wilt net Giscr!irinate rql4rnsl any ernpk)yee or appl,canj fc employment becaust of race, Wor, re4gion, sox, or The contractor vi-11 joke of t (mnl iv e a t unsure In aPPLC4')l-; Orie employed arid thal. emp!oyec-r are treated during emplaymen., without regard to then rarw color, tolipon vex, tir national origin Such aclon shall include, bul not be limited to the foltowing OmPoy?nent, upgrvoling, dcrnoi!*n, or hansiior, recruitment or recrvlmrw, JdvOftlarng, rayoff of termEnatton, rates e pa cc c fo o f Corr)[Ientiaf,on, and sek�cfwn for lrarninp, includinq ;q>prCrt T he c agrees to post =n conspicuous ptaces,,avt,iillblv to employejls and applicanis for enrJPJoyTJ%e 'rl." not -Ces to be Prov Wed swtl ing 'o r1h the WOVISIOelts 01 lhis nordiscriminatien clatpie 10 The conti v in aN soficitatLoris tar adve;1 f employees plamd by ce on behaff of the CWtVictor slate In at all I L401fred aPPlIcan"s WJ1 receive coisidefalions fotennployrnant without rej;urd to race, costar, religion, sex or ratlonW ca pie Or tho contractor W01 serld 10 each labor unioo or reprtu)ntalive of workers with why ch he has a collortivo bargaining agreament cf other Contract of understanding a r;ohce to be provided adv�snq the S'Md labor union or viorkem' rQP1VsOr of 1?'•fl Contract 's cornmaments vnder lh,s socVon, and OAR Post Copres of the notice in consp4Lous praces AvAJobte 1 0 ennployoo, tarid J f0f employment EXHIBIT B Page 55 of 100 IRVIIARATHON ANNEX DRYWALL REPAIRS M 5v The cenlractor will compl with 1411 p r o v i sions o f Fxo- Order ,, u r , F 11246 Of SEtpTOMbOt 24, M5, and of the ru,'es, regulations, and tolevard o(dois of the Secretary of Label V ire contractor will furnish till irifoimahon and rec)ons reqtitred by Execulsve 0(dor 1 1246 of September 24, 1965, and by rvies, r0guia"OIAS, and Older$ of the Secretary & Labor, or pursuant Inerelo, Mid WO Permit aCCOSS to his books, reccxds, and accounts by the adriiin istering Z)9 and the Secretary of Law loo purposes of to as-eflAhl' Mfr*kartce with such fultis rogulations and orders W In the evert' Of the COnUaCIM'S r10nCCMP4N3T1 voiM the nV ) MC-riminaWn C'JuSez at taros contract or wAh any of the -.aid rjlog, or orde'rs wis contract may he Canceled, "eirrainared. or SUSPOnd0d in WhVe or F) part and Illo contractor may be dec fnehgVe to !4rzher Government contracts or fedetatly assist cor%liatls on accordance with procedures authorized in Executwe Ordw 1 1 246 Of SePteftlbef 24 1965 and Such OU"O. sanct4ons, may be imposed ind rernedies 41voke4l 0S provido rn Exerubvo Order 11246 of Saptembar 24, 1 965, or by rule tegOaVon, or order of the Secretary Of labor, or as o(ovideo by inyo vii The Contractor will nciude the portion of the sentence im,nied!ajo-ly fi!ecodinq paragraph 01 and the PrOyis Of Varaqraphs 1 through (7) in Overy Su jeontract or purchase order un ess oxemwtod toy fu,'as, reguialtotig, or orders Of the Secretary of Laboe issued pwoluant to itectoon 204 of Execulivo Cider 1 '6246 ol Septemoer 24, 1965, .50 that such prowwonsvvX beb;ndinq upon each smbConlracloror vendor 'r l'. cOn t r3 ctcv will take such ixtAM Wilh TOSPecl to any subcontract or purchase rifdox as the ademnistering agency may direct iss a rnoaris of enforcing sixth provisions, inc%iding sarictiens for nariccropliInce PrOv4ed, howevOr- that in I he aven a Contraclof becomes ovol.' o in, or 19 threatened with, Icigalon wrih a subco ntraclor wr vendor as a fesull 0 %tch direction by the adfn inislenng agency the Conlracto, may req the Un,Ted States 19 enjt-r Into such 1vligalfon 10 Proterl the veret.ts 0 the United States EXHIBIT B Page 56 of 100 MARATHON ANNEX DRYWALL REPAIRS w i Gontiacloi The C011','300' Nfi 11 comply with I ' 8 Lt 'S C § V? 4, 40 U.S C § 3145, and The of 29 C F R pi 3 a!s may be a0plicat Jew wh,ch Art FICGN)Oraled by I ofefenco into lti., contract 11 Sut)ccintTacls The contractor cr sha.l insert in any 3 ubc<vQr=s the clause above and larch other 0,au%ps as the F EMA may by apptopwme instructrops require- and also a Clause requiting the subcwtFACtOrS to include these ckmes in any wAvr tier stiecor-tiracts The orinie enhtinrlor snail be respoolilible for The Comptiance by any subcontractof or lower liet subcontrwor wth all 01 these Contract Cfattgos lit BrOach for Termination of llv-A CcrItISCI, and for debamem as a contractor and subcargractor as Provided on 29 C F AT § 5,12 EXHIBIT B Page 57 of 100 MARATHON ANNEX DRYWALL REPAIRS w purchases of supplies oe materials or articles ordmarq available an I"wr open rnarltet, or contracts for transponalmn (2 RAqL 13 11 1 -H-LUPERA L_'.'VA:tt k y 9 ' k1,VUQB_Q2_N_1 It the Sub-Reciple-.1f wah the funds authorized by this Agreement, enters Into a contract that exceeds 5150,000, then any such contract must intrude The fa[SoMng PrOv sion Contractor agrees to CmPly with all applicabile "ridards, orders or regulations' issued pursuant to Ifte Clean Air Act J42 tj SL. 7401 - q) and the Fe (fwal Water PoltiltIon Control Act as amended (33 U S C 1251-13 and wid report violalior,% to FEE AA and the Regtw nl Offr:e of the Ei'viran-eM.',11 Peolection Agency (E PIA) I�PF AND DEMMNi Per 2 C F R 200.211 Suspension and debarment, non-Federal enifts are subiIw to tip I This awilract ma covereo tran"mien lot pur poses of 2 C F R Pt 180 0-d 2 C F R pt 3000 As Such file CoMr. actor is required to verity VW none of the contractor- A* pnnzIpalis (defined at 2 C F R 1 80 M) (if IV% Off 4ates (defined ol, 2 C F R § 180 905) are excluded (oafjr,ed at 2 C F R j 180, 940) W. disqua.4ffeal (defined at 2 C Ir R 180 93'5) 41 The contractor j COM � �ply w1h 2 C r R pt 180, subpart C and 2 C F R Pt 3000, subi. C and m, wndude a fequirerrient to comply will these rogutations sn any owar tor covered tfonw,*,Pc?i if enters into 111 7 1'11 CPftlfs;Mion Is a 'natenat reoreseniation of fact rehad upon bY the 0JVIs300 If 1 as alo*rdetermiaed 11'W the contractor did not comply with 2 C R pl ift, subpart C and 2 C r R pt KOO, S,Dpal C, in Rio FederalGoverrnlont may pursue available remedies, Including but not limited to suspension andfor debarment N The NUdOf 0 Propose agifts to cIDmpfy the r(K;ufri. of 2 C F R pt 180, switiparl 0 and 2 C, F R pt 301;0 subpail C while lPis Off(If is VaLd and thrOkkq" the period of any conlract that ritayanso hart lhjsLlFef The bidder or pircloosof turtlier agrees joinc%ide ;) PrOVA-Ve requiring 5LCh COMPhofice in its k)wijr 40? coveted transactions- No% If the Sub pient, wilft the funds authorized 15y this Agreement, entops into a contract then any such contract must incWo 1he forowing, clause� Byrd Antil.obbying Amendment 31 U,S,C, § 1352 (as airrieridcd) Contras ors who apply or bid for an award of S100,000 or nwro shat file EXHIBIT B Page 58 of 100 MARATHON ANNEX DRYWALL REPAIRS RZ the required Cerbr"= Each tier certifies to the lie( above that it w * MY and has not used Federal sApropfialki f-inds to pay any peespe, or organization for MOuilincing or silernpUng lo infivonce an offne, or employee Of any agency. a Tirimbar 0 C0 C or employee of Congress, Or OA OmPloyee of a member of Congress in r0hr`1001011 with obtaining any Fede rat contracf, gturi 0- any Other award covoted by 31 US.0 9 1352 Ir"Oeh IV Shall also djSdose any lobbying weh nvoi. Federal funds that lzxkes place in con votth obtaining any Fedorat kirwyard Such disclosures arse forwarded from tror to tjop up to ti-e recipcont 'yyffi-jj�%L!, �F- S S E§ a If the Suis-Recipierill, % the funds aullftized by this Agreement, seeks to procure goads or so-1viCas, then, Ina rdancc wOh 2 C F R §200 321, ft Sub - Reopiew, shalt take the follower, affin"n3frVe steps to assure that minority busumsses, women's business enterprises, and Labor surplus area firms are used �s!)p ,To i Placing qualified small and minafly businesses and Warren's business anleiprises on Solicitation fish, ji Assurng that smaN and minomy businesses, and vrornan's business enterprises are soliciled whenever they are potential sources, EXHIBIT B Page 59 of 100 MARATHON ANNEX DRYWALL REPAIRS m MOW componeffls Irw Ord*r tO Wftumv the fflk"u of 9mal purdwi* Ohnnhoft to as to utibze siren t« sr4uififfion proved (*,g, 1pro, (UA$,5YBA�LCES The Sub-Roctvieat Mall Comply wiM Any Stolcmuct G(Assuranm incorporatod ps EXHIBIT B Page 60 of 100 MARATHON ANNEX DRYWALL ALL REPAIRS M FLORIDA STATE OF N1 m. t Maul, �So.e ke MM011 COUNTY AYT RrT.Y DATE $ i4d3 A o t OtAm CL EM EXHIBIT B Page 61 of 100 IMIARATHON ANNEX DRYWALL REPAIRS 9 AGREEMENT, Catalog of Federal Domestic Assistance: 97 036 A,rnountof Federal Funding $2.65853594 W.:. * �. 2 Sub.Rec"nt &s subject to all adminwrative and fine requirements as set 1 In this Agreement, or will be In wioloW of the lerms of ft Agreement N07�5 Seci%on 200-331(a)(1) of 2 CY-P. as revised, and Seriefw V I 97(5)fa), Fkox1a Ststdifes, ragwo that ft kwarnitarw apt Fwknal plogiaws and SUVA Projoers inchidual cm pg 1 oflhFssu1yjraia agmetneig and in Exhtd I be permfled to Ors SO-Racoient. EXHIBIT B Page 62 of 100 MARATHON ANNEX DRYWALL REPAIRS IR Attachment A Budget and Project U — 8 0 0 29—t Tne Budget of this Agreement m fmtp& y derormpned by ttse arrount of sar.y Ptojecl Mr (K that tive Fe Emergency ratan, gemcn: A raaeiistration tF VAt has rata` ;ate d for a Seta- Revap *N a' the VI'T1 0 oC e:xmitscra Svbse a en; PVVs of r"tocYls 1horeof wii, wr!crease of decrease: the Budget of this Agr mLnt The KV(Sl fl At raa raa fee a r3 6r igrt ;arcs DR -4 3 �' iii;, -d e P�r�e ; dart rfvait {;C1ta b'•, �" -- ___n .. -- g Gr TiVe Esmafe F _ ®s al l r't`tlt'r t 3'a3 ,_ . ._ Laxat Ut8 P`mti6Y 4 M Total X, hare Share Share 1 h : LaNvPwt 30 $2,667 6P3.65 ivfi .a $7 rar#.' C, J,f rt;'r 0 days 0, & $fC4 - 46 ttM)T6 610646 _"k 29 0 0' $tr,Jt,.t , e'�_ t' "�.d 3 Ar°etr'rCa�P Sd ,5 � ,s fry, ' tt I r,rsg, I $50.949 50 .�.�, trgCSg� $r:r< 0 G. _ t yeco 9 50 PaFV+'r 'S +"r,v 100 9 4*6 fe arfy frreri;rr $2$501 W rti )%i 50 - -5 , 0 _ i r f j I I , ' a 1 I i I P EXHIBIT B Page 63 of 100 MARATHON ANNEX DRYWALL REPAIRS IN 2 1 ff-U 1 r-1 WitJ � M 4 L I I :U LIN §,S�2jLe of Work Complete eligible Pro,;vcts for emergency protective measuies, debris removal, repair or relVacernerit of Disaster damaged faciliNes W FEMA has obligated twimnq for a Sub-Recipre nt's PW, the Owsion noitfia5 the Suh Re,-pianl with a copy of the PW (or P2 Rep ei - ) A Sub-Flecipient may receive mote than one PW and each veil" contain a sepa(ato Prof ect- Attachment A. Sudge4 and Project List of this Agreement will be modified as neCeMIJ to incorporate riew or revise F'Ws Fart purpose of this Agreement, each Project will be monitored, corriploted and reimbursed independently of the other Projects which are made part of this Agreement. s. Lo Projects Poi-bulsement P"Uesls will bO sutm separately for each Large Project Rew%bua"nienl for Large Prot 01ZI costs Shall be based on the re(centawt- of cornplelspri of the iridmdual Pro;ecl Arty request lot seirribuisomont shall provide adequate, well orqantml and complCe sour" docunienlat.on to suppon all costs related to the Piotjvct, ard shall be c4arly ldentLfited by the Project Nunn t as generate d by FEMA Re-questsvolToch do not conform will be returned to The Sub-Recpjent pnof to acceptance fc; paynont R&rinbursement up to 95% of the Mal e4gible amount will be paid upon acceptance and conliagarl upon EXHIBIT B Page 64 of 100 N11 MARATHON ANNEX DRYWALL REPAIRS w F perwrit l5`1o'l of tree tetaf v arr*unt (inrtwlif�q Federal, state and Tocal shafeS) will b, wahlie"d from poymeril un,10 the final Res uesil for Retniburiliefivent (or backup for advance expenditure) has b"m ventmd as accoptable by ft Oivistcti"s g, -asst manager, Which a inducte dated terINkalion that thv Project is 100% complete Furlher, azj required docunlenlal vsuM 0) awsplAkto in FloridaPA cfg prism` to release of final 5% to inclade pi-mjs� policics & procedaies, procurenseril nrid imsun)nce, documents Small Projects SM-311 projec-ts wilt be caia upon obitgatiOn of the Projuct 'NQrk sheet Sub-Recip4eritniasl initijtd tho Striall PrOltXt Coseoult era FliondaPA mg within 30 da}s 01 C"IfetetJon of the, proitmi work, or no later Iblin the period of pefformarce end date. $,mail Project Coseritit 1-5 lilitalled by lugging into FloWaPA mg, selecting the Sub-Reicipreril's account then seledrng'Cfeate New kequesl', wid sekicting'New Small Pfo)ect comwemionyc: Co-Plato the) form arld'Save The I not aclior, i to Advj1trv:o the form to Inn next q for review EXHIBIT B Page 65 of 100 i , W III M-MM-111lip and VOLUNTARY EXCLUSION Co or Covered Transactions (1) The proswtive s)jt>contfactof of we Suh.rec enr•. E -( � r.. A crt� by submission of thts doCurraent, " e4 nher it nor its pr ripals zs presently debarred suspended, !proposed for debarrn onl. deClW+ed inef rb e, or voruntancy a c tuded ftom partro paticin in this tra n5action by any Federal department or agert y (2) Where the Serb - , dtent "s s bcon"clor is unaW to certify to ft above stall orneint. the prospecilive ntraCt %--Nall anach an explanaton to Ohio flxm atae Name and Title I t0f) Sinitnnlo n Street S #ree, address Key'liN est, Florida .t,awo City State, Zip March 19, 20 Date .. Monror County Sub-Recipoent's Name J��ltlt DFM Contract Num Number EXHIBIT B Page 66 of 100 IRVIARATHON ANNEX DRYWALL REPAIRS Attachment D DESIGNATION OF AUTHORITY The Dtrsl'gnation of Authority Form is submitted With each nQV0 drstr Or or enlefgefiCy decraralican. eta PTOI rd0 the authority ICY the Sub•Rec.pit" ea Primary Agent and Alternalr� Agerl to access the FloridaVA_otrg syRterre in rrdor to tinter mates, review rues and docurnents a• d submit the d urngrsl atso�.n necessary to workk the nd went The Daii9n3tran nt Aulh"Ifty Forms is or: malty scam tted as Al achnieni'D' tro the PA Funa�ng Agreement fear each disaster or efrlerqency deciaral° n Subsequently, the Primary or At,drnate contact should review liters agency conlactS Ot least etra :rle ly+ Tho Authorized Rerxesentaliv& can request as Charge in Crrr la ds via enia I to the stale towards, a nale should be e^atra 00 n Flw'ZaPA erg J the lust is correct Contacts sdiaruld to removed as tdmit, as they separate retire ou are roassiped by the Agency A new larram will uril be needed if all aulhonMd repetcsentatives have swp arated fin— your agency Note lF at it a ne C7dss ;rtron fairer, is submitted, ail Aoncy Representatives crr-renrly listed as coill«acts that are not mclnrded oil Wo updated norm will be deleted tromi Fier�dwal"A Bart as the contacts, listed are ;erilacea in the sy€lerin not supolement d All tmors must b in on a mcrlhly hao* to keep theft accounts from becoming ricked Instructions for completion Comptele the form in rl$r enhiety, i -sting the name a rnfvm- patron for a "I r", resenlali,ees when W tl ter a or'K r'ga in Vie FldndaPA org Grant hfianag,enternt System Users Mli bo Aotificd v4 email when they havo been pgfa stead a xcss The user rarurst tali.) in to the FliondaPA org systern wvi n 12 hoiom cif be nq notrfred or thcair account will balk there out Farr user must log in within a 64 -day time period u( n1ar as ?sunt will lack ftn) W In tho ovont you try to lag in and your 1CCOUrit is loc!W d submit a ticket using Ihir Access Request rank on the nome playa: The forrn is divided into i wIti o blocks; each block must be completed where appropnaie Block 1 'Auttmrnrlred agent' - Milt $hrmaitrl be the h gh st authority in your orpganitaateon w is aauthear zed :ia sign lopwai documents on behalf or your otgcan €zatrcn lonty one Authurgeci Agent is allowed ,sand the Person arr,Pt have full; accessfauthonly ranle s,, +atrwrarwise requested) Block 2 'Prim,ary Agent' - This is the pe1sons do Urratead by your crtganzzaleon to necektye all corresprrantienc arnd LS ra,tr i arrr point of corlact This Contact will bar rosponsVe for aanswetmg questions uploading docurnents, And %ienmilting reperlsirequevs, in VW-duPA crag Tr tie Primary Agent is a wally not the Authorized Agent but sho be responsible for upd t: ",frig ail oArtimil stakeholders on all grant activiti (On.y 011ie Primary Agent is allowed and Th contact w ll hafre {alert access) Block 3: 'Alleemalez A - This es the person dostgnalrld by your ofgan,zation to be ava;lablea when the Primary is no; (Only one Alleti *male Agent is alltreve d and this ccnlact w II have full access) Block 4, 6, and S: `Glrner' )FrnaarncroiPomt of Contact, Risk Manrallon r nl•Insurainee, and Environnietilal- His,toric) Providing these coal is is dssent +al in the coordrn«alion and corimunica*ion required between slater and IoCW subject matter expmr1% We understand that the same agent may be idenbf,ed in multiplex bIMki rfdWr;ser we a slk that y ou enter the name and information aga,n to en1wro we are communicating with than correct , ndwiduats Block 7 -12: 'Olin ir' (Roaacl Only Access) -- There} is nd Irralit on 'Other contacts Gut we B,%-k that this be resIncted to 'hose that are going to acluNly head to lop in Jinn) have a tore in reviewing the tnforsialfon This designation is only lot sitr)eater„ 4 nwareness purposes as individual's wIn the 'ether Read0Nly' de "na:re rn raarrnol take any action in F londaPA cirg EXHIBIT B Page 67 of 100 MARATHON ANNEX DRYWALL REPAIRS m lYl A; Ol t it F - W-lk M Q,ti1B.IB1.Bfl9 rp E�f6`( F Oil A Het 6e f11ti�B•�. �f"B46�Bp7f'661��- v—i lee $�IS[lkr¢K k1 e11€ $.lic.•.a6 e,..n I _.... IF ._.._ .. ...._.... I q".XV:.Oi: . xa" ,.�'3 .� r l ay`P4$tl$COia �t;Y •d M1W t ;5($xAS✓'d d %?::Wan'+AY'k.a" rnr 'a kQQ 9 gmf .Vj Y'i4'a0.atj : stv A- Phx' l'01P ° '. 40= '0.tJ'X- SIMrk"Pcza61AP,sN:gil:ll ty Ow i! -'ulv A80 -M Ahmnh 4uTr6 r�ea9rr'whwriml AZem si aerAwa M EXHIBIT B Page 68 of 100 MARATHON ANNEX DRYWALL REPAIRS m €"m «S V JON 1p uwl tjrvorc'k I HIS NumN:t 0fKkw'.lw tK' tea f C s ati 4 1 1 al V I V W401 t I rl L 11 It t., 1, j, ° a I C Ij 1, 11 l,j3 A 01V,l 1001 w 4 1*'4 .x«. —Jlit 4' r t 0f,"94l"11 A A h '111" , ra ­ft_Le: '.-' 3ee Nv w0 cam, J'Tkn o I!,", tt u" ­11 t" W 1, 4 4 ­":. - ta i , 'Allt 0 1',If ­11 Wi -.i W- N, EXHIBIT B Page 69 of 100 (rN 4 it iI1 , 111"RI r1 4 S4,1 NIS] mi-vGkum u, P( imic •%_%mqrAw eRmpuss I I I It t D tt 01 1 SION OF L k$ 1 R1 i I Nc v N I .%,% v; I; %I u% I Sub-Grantec . . ....... ............. . .. . . . . . Dote, Roo 7 Other MOIL 8: Mn 9; 41, ------------- _(17 ----- — ---- 00% 11: 0wher i 116 Ai,­S[ kc,mol . . . ........ . . . . . . ............. . €"m «S V JON 1p uwl tjrvorc'k I HIS NumN:t 0fKkw'.lw tK' tea f C s ati 4 1 1 al V I V W401 t I rl L 11 It t., 1, j, ° a I C Ij 1, 11 l,j3 A 01V,l 1001 w 4 1*'4 .x«. —Jlit 4' r t 0f,"94l"11 A A h '111" , ra ­ft_Le: '.-' 3ee Nv w0 cam, J'Tkn o I!,", tt u" ­11 t" W 1, 4 4 ­":. - ta i , 'Allt 0 1',If ­11 Wi -.i W- N, EXHIBIT B Page 69 of 100 MARATHON ANNEX DRYWALL REPAIRS IN STATEMENT OF ASSURANCES 1) The Sub-Recipient hereby certsfoes compliar" vMh all Federal statutes, regulalbons, policies. guideline5, and requIrefrionts, lrxtvding but not Lmded to O s No, A-21, A-87. A-t I D, A- 122, and A-128, E • 12372: and Uniform Administrative Requirements Cost Prpncipl", and Audit Requirements for Federal Awards 2 C F R Part 200 that govern the application acceptance and use of Federal funds for this FederaMy-ssszted peoiect 7) Addilloinally, to the extent the follovong provisQns apply to this Agreernent, the Sub-Recip*nt asskires and certifas tbat 3=1 EXHIBIT B Page 70 of 100 MARATHON ANNEX DRYWALL REPAIRS III themselves or others, particularly those wdh wriorn they have family, business, or other tees, t.e Assist the Feaeral giant(N agency in ft Complia-1ce with Section IDS of the National HiStofic Preserara'ion Act of 1966 as amended E xecutivo Crider 1160. and ''h AichAtrMogical and Historical Preservation Act of 1966 by: I consu9,ing with the Swe Hisilc + ir. Preservation Officer on the condvcl of investigations_ as necessary, to idenlify properties listed in or eligible for onclusion In the National Reg .' tel of Historic Rack's that are subject to a. verse fliects lvev 36 O F R Part 800.8) by the ectiv +iy. and noVying the Federal gr nlo+ agency of the existence of any such properties, and ii by complying with all requirermre ntri established by the Federal granux agency to awls or rn.ligate adverse eflr -.1s upon such prop =erties GNT 111 spW1s0hrrg atprincy or the Comptroller General thraugh any autlfforized representauve . access to and tho righ'. to exa .ne all records books popeFrs, or oocuments related to the grant EXHIBIT B Page 71 of 100 MARATHON ANNEX DRYWALL REPAIRS IE k Require facilAres to be designed it) cornoly with tile "Amencan Standard Specificaijillis for Ma" Suold:nqs and Farr, fes Accessibre to, li'll UsaVe by the Physically Handicapped," Number A117 1-!961 as moctified The Sulli-Rucipent wtil be fesponSebl(T far conducting inspocloris to ensure compliance MCI these sp* by the contractor I Provide an Equal Employment Opportunity Program, it required to maintain Otte, where the application Is for $5DO OOD W or more nt Return overpaid funds wLhin the fotty4ive (45) day nectu,rement, and (f unable to pay wijKn the required tinfe pevinod, begin w09k with the 6 rant cevIRrIc ip rent in good 131h to agree upon a repayment dale n In the event a Federal ca Slatoo court or Federal or State admjnist;arti> re agency rpakes a finding of disc-nniumfien altar a clue pFocoss heating on Pie Grounds of race, color, religion, natioria® crig4n sex, or disability against a olopicni of funds. forward a copy at the finds" to the Ciff we 1w Cwd Rvghts. 01 of Jusljoe Programs 0 Requirements of all prowsions of the Uniforni Relocation Assistance and Real Property Acquis4rons Act of 1970 which provides for fae and equitaVlo treatment of persons d4placed as a result of Federal and Federally-assisted programs b Provsions of Federal law fouridat 5 U S C § 1 ",j of seq which timl certain PoICZ411 iltcti­tles Of effITIC'Jees Of a State or 10 unit of whose principili OrOpioymen' is in connecl.fon vov:h an activily li�ranceo is who',e or in part by Federal grants l 0 1 8 J S C % 594, 593, and 6C.'(0 r6atmg to elections, relief appropriatior,s, and employment, contributions, and coilicilalQns, d Wirimurn wage and maximum hours provis�ns of the Federal Fair Labor Standards Act a Contract Work Hcios a^d Safety Standards Act of 1%2, rnqwring thjjj mectiaqtcs and labor*r% fmcl.jdog watchmen and guards) efliployed cirt Fuejora"]y assisted contracts be Paid wages of not tO*S [Ilan or and One-half limes Ineir biiisic w4pa ratois for al #` w0ikied in oxceSs of forty hours in a work week f Fedefall Fair Labor Standards Acl, roquinn.j that C00fird 0111p,'0yees be paid at least tine minimum p re scribed wage and also 1hA1lI! acne willona•nal lilies lhelr basic wag o t for oil ho°; worked an excess of the p•esCwIbed wotk.w0)k g Arita -Ktcltback Act or 1986, w?i. outlaw% and prescribes penalties for - kick-backs" at wages In Federally firanced or assisted construction adivitles Requaiamenti, iinpos,�.j by it ae Federal sponsonng agency roncenirrig spec�af requiremenis of qrw oregrarn rcquirements, and ol"r ad!ninisifatve requirernensI it further agrees to et'.Sure that the facilities undert its ciwnershrp, lease or supervis,on which are utilized iri 1116 arcornplishnient of ,he prof °t are not listed or% tfae Environmental ProtatlNon Ageil, (CfA) 1 of ViolatiN Fucd and that it will notify the Federal grantor agency OF the filcMpll of any Conimunrcalton from the Doector at I" LPA Office & Federal Actvfles tnd cating that a fat%je.y to L�v tAsed In the pre is under coats wrrrdtle> !c4 I•sting by the EPA i F'400d insurance purchas e of Se 102(a) of the Flood Disaster Protection Act of 1973, which requires tnai ori and aftow Mair h 2, '1975 the purchase of flood)nswrancei in communines w"ro ilicn, insurince rs available, as a condition for the rectpt of any Federal fmami.al assistance for construction of aCqrxtstVDn purposes fox use in any area that has been ideril,ked by the SeCro'WV a! the Department of 1-jousing and Urban Dovetoornort as an area hav^g special flood hazards Tt!ophrase EXHIBIT B Page 72 of 100 MARATHON ANNEX DRYWALL REPAIRS M 'FoCeral financial assistance' includes any form of loan, grant guaranty, insuoance Paymeril, rebew suhady, diwistei ausislanoo loan or grant, or any other form of dwecl w indirect Facera! assistance. Insurer" requirements of Section 314, PL 93-288, to obtain and rnanla)n any other Insuiance as may be reasonable, adequam, said necessary to Fircilect against f~ loss to any property which Nwm reps,aced, ;a Slontill. ropu'red, or constructed with this assistance Note that FEMA provides a w,"han.sni In frmdry This insurance requreme,il by filing a request for an insurance comm.ssionvir e ertsC aatioaa (ICC) Trio slates visi;fance commissioner carinolwauve Federal insurance requirernents but May ci,itity 'lie types and extent of insurance reasonable to protect agaonst future loss to rt-i, insurable lac°Ay k Appicable provisions of Title I of the Omnibus Crime Control and Safe Swrws Act of 1968, as amended, the Juvenile Justice and Del ina ' uen--y PrevenWn Act, or the Vchms of Crrniv Acil, as appropriate: the piraorvions of the cur wt eftion of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100 1, and o'l other applicable Federal Wvs, orders. circulars- or regulations, and assure the compliance of all its Sub• Reciplenls and coal tors I Poovilsions of 28 C,F R appIscawo to grants and cooperative agreements including Part 10. Admiolvilraluve Review Procl Pan 20 Criminal Justice ;nforrnallon Systems, Part 22, C*nficrintoaMy of !d4 Rosearch and Statistical Informalson, Part 23, Criminal intelligence Systems Oo-,raring Polocius, Port 30, IntergovernmertW Review of Department of Justice Programs and Acitvitil Part 47 Nor1k1t!jr;nmjna,'xtr)EqW Employment Opp P o l loreS On o Pfo-edUrOS: " & p 61, P tQ'Cu( fi tf0' I implementing lhe National Environmental Policy Act: Flan 63, Ficodpla And Virolland Protection Prorpdures, and Federal laws or tegu'atrnns app'tcabla to Federal Assistance Programs. rin Lead-Based Paint Poison Prevention Act vjh�h prohibits the use of lead baW paint Ln construction of rehabilitation or residential sirvclures- * Energy Policy and Censervaucin Act finui the provisions of the Stale Energy Conservation Plan adopted pursuant lhefeici * Non-discriminalio requirements of the Omnibus Cnma Contra, and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate), Section 504 of the Rehabititation Act al 1973, as amended, Subtitle A. Title 11 of the Americans with OLsabililtes Act (AAA ;, (1990), Title IX of thn Educ►wn Amendments of 1972: the Age Dl,scnmlna1.on Act cif l9?5 Depa irtment of Justice N a ii . U%crrr i r ition Reg uUttion ls; and Department of justice requiallcV1, on dt"brity dscrprninannrl, and assure the compliance of all its Sub-Recipierils and contractors P Pro of Section 311, P L 93-288 and with the Civil Rights Act of 1964 (P.L 83- 352`1 wh-cri in 14le VI of the Al.1, provides that no (`l in lh#.* Uniteci States of Arnenca, Granleesi`Recsptenls shall, On We giouAd of rtice rotor, or national or,gin- be excluded from participation in, te denied pie beriefils of or be otherwise riubjected to discrimination under any program U activity for wnich line reco. Federal frinanval assistance and will (mmediatety take any measures nacas&'Iry to uffecluale this agreement if any real property or structure is peowded or unproved wi th the aid Of Fitoe(W frutt'icull assistance "Wended to Me Sub-Ftecipient, this assu shali obligate the Std).R ip*nt or in the me of any liamsfrif of such properly any transferee, for the po,:+orll during YoKch Pit real properly or sinxture is used for a purpose for which the Federal financial assistance is extended or for ano ther purpose involving the provision of simLar serit4es or benefits q Provisions of Tale EX of the Education Amendments of 1972. as amended which prohibits ftcrimrtstion on the basis of gander EXHIBIT B Page 73 of 100 N " ■ MARATHON ANNEX DRYWALL REPAIRS m iii The Endangered Speces Act of 1973, ry The Int=,ove"vental Personnel Act af 1 D70, EXHIBIT B Page 74 of 100 MARATHON ANNEX DRYWALL REPAIRS m This assurance is given in consideration of and for ft pur osp of dbtratning Federal grants, Weis . reambursr nnents, advances. contracts, pr#faeny, drscoiinls andlof t,hef Federal financial ass to ace aaxtonded to the Sub Recipeel by F MA The Sub•Recpent understands that %"b Federal F inanciat assitilamce will be extended vn retranceatn the r r!asentalarans and agreements made in this Assurance and that Barth the I )ngeio States and the G oameWRectpioril hlvea this pint Aral soveral runt to soots judicial enforcement of this Assurance This assurance is binding On thaw S ub-R ipaent, ds successors, tsansfetoos and assignees FOR THE SUBGRANT EUSUO-RECIPI ENT i� errs ®.. Printed Name And Tattb Date EXHIBIT B Page 75 of 100 MARATHON ANNEX DRYWALL REPAIRS -1.1 Attachment F Election of Participation In Public Assistance Alternative Procedures (PAAP) PWot Program _ Remoypi LCjjSgoa,6j R quoted Docurnenis Public Asslatance for Alwrialive Procedu(es Not P"ram for Debris Removal Acknowled 1- _r ' - 1 td t, r ^ r r A rt rJ Ufl ur t IT I _: Jl 1q °., i' PAAP for Poftna g rtr ' Tg Fixed Su rani Agreement Letter h3a!6 t. dt;�t7bd r tq' fC, %u, A , il,vo Grrtrr, i ..� P„ Ftogr�n f'erman Pit f1( atl•<t'� la It t. ,.�.i i °�.9� .x.l ., .. _,.,_.... Public Assistance Alternalive P lures Pilot Programfor Permanent Week Ac no dgem lta r'AI r eh l,'��`r All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures, FAOs. Arcitive maybe tou at ill 1p a EXHIBIT B Page 76 of 100 N " ■ r r ■ MARATHON ANNEX DRYWALL REPAIRS !E large quantities of detwis (ovae S20M or 1 md1kin cubic yards). and disasters declared very soon after the Incident (8 days) to inoanliv" ispid debris removal ThIs guide 4 applicobta to disasters dtrvared on or a(le June 28. 2017, TNe CWgim, lo the sildmg sca PrO-4i0ri a r e a 09ticaft to drsastem declared on or after August 28, 2017. Toes vemcn of ihe p0ot guide SuP*156(1108 IhS pTow*uG pilot guide for debris removal (W) which was publis"d June 28, 2010 EXHIBIT B Page 77 of 100 45 Public istance Alternative Procedures Pilot Program for Debris Removal Acknovirledgemont In Occurclance wiVi the Sandy Recovery improvement Act or 2o13. 1)* Federal Emergency Management Agency (FEMA) is rMPlementmg alternative procedures for the Pvbfic Assistance IPA) Program thnough a pftl program 7 For the sliding scale . the subtecipsent accepts fespom&-bility for any costs related to debno operations after six rnon4fis from the date of the Incident unless, based on extenuating cocurnstances, FEMA grardt, a tornO Ownston 3 The subrecpienz acknowledges that FEW may request joint quantily evaluations and details regardmg subrecip*nt operation& necessary to assess the pilot program procedures 4- All ciontracts must comply with local, state. and Federal tequeremems for procurement, including prov o(2 CFR Part 200 5. The sub ienl must oomt)ly with all Federal. state and W-81 environmental and historic preservation laws, regulations. and ordinances 6, The Office of Inspector General may audit any subrecipient andlor subaward Spgnahi a of SubreCipierq's Authoflzed Ropreienixive Date Ern Printed Name and Title MaEgg County Sub-Recipient Name PA ID Number - We 810d 10 DRLpartkipate in the Alternative Pnx*duires for Do" Removal EXHIBIT B Page 78 • 100 MARATHON ANNEX DRYWALL REPAIRS M As a Public Assatance (PA) Sub-Reciplitnil . ------ JPA in accordance with Sectkin 428 of the Robert T Slafford DisaMer sslinnate in the amount of tot suDgrapt number (copy PLIOCW under Daester #_ WO OCCOP( (asoonsMity for all costs above the fwed estimate - a , ' rid - Title EXHIBIT B Page 79 of 100 MARATHON ANNEX DRYWALL REPAIRS 1E Public Assistance ternative Procedures Pilot Program for Permanent Work Acknowledgement In accordance with the Sandy Recovary Imps vcrriont Art of 2013, the F rafral Emergency Management Agency (FEMAJ is Implementing alternative fSr edu:re$ for Ilia Pultilic Assisttanco (PA) Program thro h a Pilo! Program As a representative of the Sib Recipient, ora° it ;envy Wnde" IMar4s the folic'mrj) 1 We plan to to the Ictiowing elements R eview of 0 by an expert panel for projects with a Federal share of $S miNon or greater 2 The pilot is vetunlary, and a Sub-Recvienl may particoate in a4itirrkirlive procedures for one or more izisge project subgrants 3 It the Stab Rec ®pien', a,=erpis a fixed subgrant estimate, the Sub•ftee p ent understands they are fe!) POnOrtrr^ fir tali costs egraatcr than the fixed amount 4 The Sub•Rec;plent agrees to notify the Grantee regarding the specrfrc use of excess funds §all contracts must comply with local, Stave. and Federal reirluifements for procurement. including prervwans of 44 C FR Part 13 6 The Ciffce of inspector General may audit any Sub- Rec;psent andfor subgrant I EH# revte ttrsl be cornpt(rt =Wyl to! tall su rants it ::tiding cases where new scopes of -,v tc would require EHF ccimpran , t fora tied subgrarnt, scope of work is im 4ornentud Failure to comply with tf +is requirement may lead to loss of Faijet tl haidi f 8 The Serb Reciplant may subrran appeals to accordarce v th 44 CF §206 2D6 Howavier, FEMA will not consider appeals solely for add,hona° costs on fixed sub rants ., .� Printed Name and Title SUtr R .p,en! Flare PA tp Number EXHIBIT B Page 80 of 100 MARATHON ANNEX DRYWALL REPAIRS M Atitachm"t G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'VRECIPJIN!"S WEB BASE! PROJECT MANAP M Efi7 YU jdaPA j r EM _p Sub�Rectp-ern s ro..'st usL We G ran - , ee'triReol.-Dnt'r, w*ctQbas0<s project managernesl system, FlondaPA o"9L (avVaoie 31 www,FfondaPA org) to access acrd exchange pro;*ci mformation with the State final Insooc"Parr schads;Ios, cnange requef,"s, limo oxIchstans, and other sefv-rces as dont&Od in the Agreement Immi(ng at tits system viii be sup lied by the Rrrctp.eM vpcn request by the Sub , Raclrj, , ont The Sue- Recjpienz r, "vNijuerl to "awe working knowledgft 00 t he FlondaPA,org system Tie Stilti-Recipmnt roust maintain art sau. supporting the Project corms To facodato closeout ano audits. 11w Applicant should file all documentation ponalning to each project with the correspondIng PW as the permanent record of the project lin order toyalWau.t Large Pro, Requests ` sir all svppon,ng documents slue be up.oaded to the FtohdaPA org website Gunlact, the grant manager Armi questions ot>oot how and where to upr .uad a (at ass stance, Ii riksitg ron'uncin docurnents ,hat apply to more, than c se (L) PW The Sub-Ilectpieni must rotiun suffirm!"t MCLOtd% 10 Show its COMP11-Ute with the terms of This Agreement, Including documentation of al! progrjun costs, In a form 9=�Fficrenl to denCro'"11're =1',Plia"Ce with the requirorne-ft and Qbpectores under this Agirvivineiii and alit other applrcabjo ja and roguta!ions for a rx6crd of five (5) yours from the date of the Sub account closeout by FE14A The ftive 1, year period is extanded it any filrgation, dairri or atzog is started btiore the five (5) year pw.od oxprres and extendS beyond the five (5) year period. The records must then tau retain" until all tit Ounts, or audit f frivotWirg the lecwds have been reswved Records for It dapowlion of non-expendahte personal propeny valueo at 55.000w or m at the time it is acquired must he fetauried for We (5) years after final acco ( Records t6Mng to the acquisition of real propeny must be retained for five (5) years alter final account closeout INTERIM INSPF-CTIQN§ Interim laspectroft may be requested by the Sub - Recipient on bath small and large projects, to I conduct insurance recomhattions II r"ew an altern ale mope of work, ut review an improved scope of work, andeor IV validate scope of work andfor cost Inlerp"I Insp"t,ons may beschreduled and submitted by the Recipient as a request in Flovid&PA org under the foltowing corifJotions k a quarterly report has not been updWed between quarters, 1 INV Sub-RecPianl Is not submittiN Requests for Reimburwrtent (RFR's) in a timety rnannef, EXHIBIT B Page 81 of 100 MARATHON ANNEX DRYWALL REPAIRS M 'it requests ( a rime ExIension have been made that exceed the Grant Recipient's aulhordy to approve, andfor w there are issues or concerns identelied by the Recipient that may impact (un1dii under thes agreement E8 4 OT RECONCILIATION AND CLOSEOUT The p- ipose of closeout is for lfrar Sub- Revtprent to certify that all w r has been csmmptated ro erasure a 11r1ely Closeout process, the Sub•ftrmrpient should notify the Reci n:l within sixty 00) days of Pro, Completion The Sub- RecipJent should include the following inimm with As closeout request • Certificat that project Is contptele, • 112 of Project Comptelr ; and • Copies of any Recipient time extensions ta!t!`Ail oxcerition of Fixed Cost Estimate Subawrards, Alternate Projects and Improved Protects where final cos exceed FEMA's original approval the finaaf efirgible amount for a Large faro ecl is the actual documented cost of the completed e;k ibte SOW Therefore upon compret on of each Large Project that FEMA obliqaioeci based on an astanaaled amount, the Sub- Ftecip- nt should provide the documenlal�on to support the actual costs It the actual costs significantly differ from the estimated amounl, the Sub. Recipient should provide an explanation far Ilia s nif"nt difference lrEfrtA fevmws the documentation nand, if inocc"ary obligates additional funds or reduces funding lased on actual costs to COMOlete the el;gibte SOW if the project included approved hazard mdrgabon measures, FEMA door not to -eval °.sate the coil - off"t=vVnas$ of the HMP based on the final actual cost it during the review FE4tA determines, that Wme Sub•Recipsent perforrraed work that was not included in the approved SOW, FEMA will designate the project as an trriprarved Prot cap the funding at the original estimated amount . ain rav„ew the Wditxinal SOW for EHP compliance For Fixed Cost Estimate Su,b wards, ilia Applicant mast provide docuneantatien to support that it used the funds in Acco.dance with the is! rbility cuteris desCaibed in the PAPPO Chapter 2 flit G Panel guidance provided at t 1L ... i ,....le 4 .!.., . Once FEMA cornpletes the necessary review and funding adjustments, FEMA closes the protect Small Projects Once FEMA o bligaw s a Small Prgect, FFMA does not adjust the approved amount of an indwiduat Small rProlect This applies eve when FEMA obligates the PW basmad on an estwaaate auld aCt¢rat Costs for CO apWing the 0igiblra SOW diffor from the estiraalied amouint FEMA only adjusts the approved anaourit on ndividuv Small PrcIecis if one of the following conditions ;applies • the Sub - recipient did not oontp to the approved S iW- • The Sub•Rec prent re-quests aaddamnat funds related to an eligible change in SONS, • The PW ooritalns inadvertent error$ or emissions. or • Actual Insurance proceeds differ from the antiount deducted in the PIN In these cases, FEMA only adjusts W specific cost items a ff ec t e d It noire of the above a pplies. the SubaRecipient may request additional fundtrig it the totaat actual cast of `I Of its S "ail Projects combined exceeds the total amount obligated for all of its Small Prcjects to this case, the Sub Recip ant ratusl request the additional funding through the appeal process, descnl d in Haar EXHIBIT B Page 82 of 100 N " F: i ■ MARATHON ANNEX DRYWALL REPAIRS km PAPPG Chapter 3 I 0a within sixty 1641 days of cempfehon of its last Snarl Project FEMA refers to this as as net small project overrun appal `rne opptrar must tntfude actual crest docomeolallon for all Small Projects that FEMA anginalty funded based on estimate amounts To ensure that all work texas been performed within the scopo 0 work Specified on the Proltect dorkshveta ]Into Rexipierd will conduct final insp frons on Large Projects and may, of its sole discretion, sett one or more Small Projects to be r ilMfed Costs determined to be outs+de of Iliac approved scope of w+otk aarndtor outside of the approved pwerfomiarawo period cannat be reinnbursecd JJMg EXTENSIONS FEMA tasty provides PA funding for warts corriplete+d and costs rr armed within regulatory deadlines The deadline for Emergency Work rs 6 months from the dectarahon date tare deadhfio for Permanent Work is rS months from the dectarahe n date NEEM".1 1121 TYPO Of Work Months Emergenc W or k Permanent Work 18 If the Applicant deternnanes x needs additional hme to cornp to the pro ecl, includ og direct administrative tasks rdWod to the project, it must sui:mui a wr: tti n request fir a time extension to the Recipient with the fo ovying information • Documentabon sub stantiating delays beyond its control. • A detirtsed justificabon for the d elay, • Status of the work, and • The prgact himahne w4h the projecited emplaition date The Stale 1FOEMj has the rawthordy to grant iimited time extens0ris bxrsed on extenuating circumstances or unusual prol"t requir+ernents beyond the control of the Sub -R*�c tpirant 11 may extend Emergency Work protects by 6 months and Perrnanernt Work projects by 30 months FEPA A has ,tultaonty to extend in lmduai pro#ect deadlines beyond these h eframes it exteinuratir circa nrstancds, + add�ittnat tine Thrs appliras to ail prove is w° h the exception of those farad #d under the PAAP Accelerated hears Removal prax°edure and protects for temporary facilities With exception of debris removal operations funded under rite Accelerated Dobns Removal Procedure of the Altenaartave Procedures pilot Program, FERIA generally cons:ideir the fallowing to be extenuating circumstances beyond the Applicant's control • Permitting or E P compliance related delays due to other agencies involv • nvironmer: tat knirdMions (such as short construction window) + Inclement weathet (site accesis proMited or adverse p construction) F EMA generatty considers the Vloilliring to be dreums s hri qn tthe is t end not 1i ttrtrrK extensroin • PermAbng or envOonmental delays due to Applica delays In requesbrig p ermits, • Lack of tundrrg • Change m odminirttrafion or cost accounting syste • Connotlation of cost d umenlaiiio n Although FEMA only provides PA funding for work perforated on or ttelore the approvrad deardline, Ilan Appl eaaril must stall comaplete the approved SOW for funding to be efigibler FEMA decbligates t-undariq fee any prolect treat the Applicant does not complete it ilia AAptcaant ctamp`eles a pomficarn of the approved EXHIBIT B Page 83 of 100 N ■ MARATHON ANNEX DRYWALL REPAIRS z SOW and the completed work is dstincl from the uncompleted work. FEMA only doubligaios funding f the unconniplated work For example, if we protect inckides funds for three facilities and the Apoicant restores Only two of Itio Itifee faciWes, FEMA only deolbliqalos the amount related to the facility that the Applicant did no. restore Rtqulssl should 00 Submitted praor to current Upproved de adline, b® specific to one projact, and include the foVowing infe w;lh supporting docomentmion • Dales and provisions of Oil Previous time extensions • Cos'4fr%;rfion timeline I pro schedule in support of i time • Basis for time oxtemon requiesi Delay in obtainiag permits • PermLlting nijerio* tlito vod and apprraiion dales Environmental delays or (44 J) short cons,1ruciton window, nesging, Seasons) • Dates of colesciondence with Vwforus agencies • Speciftc details • InCeMON vivather (prolonged severe weather conditions prohibited access to the area, or kidvelsoly impacted ccnstructml� -66c details Other reason for delay Speffic details Submission Ofa request does not automatically grant an exlej$ lo thq parood of performance Without an approved time extension froin Clio Stato of FEMA (as applicabW), 4AV exp"Ses incurred outside the 0 P are ineligible INSURANCE The Sub-Recipient undewarids and Dgroes that disaster funmng lar,risu. lib!v fj;cIt pro by FEMA is inlividL0 to suppiemerfl, not repli)ce, Ivrianoal assistance front Insorarice rovora ?e AndJor other sources AClunt or anl%: Patod insurance poce must be deducted fforn all applicable FEMA Pubk Assistance glianis 4n Ofdet to avoid a duplication of tenefits TIL)c Sub-Reciptont further understandri orto ;sgroes Imat 11 PuWic Assoillimro funding is Ot> fCT work III-it w, subscquently determined to be coteired t>y milivVince ondhw other sOu"S of fur)& FEMA must deoboqor# vie ltsrds per staflo,7d AZj Sect*ns 101 (bj a12 (c) As a corr;fiUon of funding uncer !hos AgMfifliont, pursuant to 44 C F R §5 206 252.20, fear damaged facnfitle& 111b :pub -Rq4,Vlenl underslandil, 4 Must Arx$ it agrees to, rinafrimr. such types of Ins as are reason'ibloand naKesswy to pIcterl aga$nlit hAule POSS for IlTearificipaled tKa of the reslotative work or the msuled facility, W-Puyur is lesser Except that vie Rer.tpionj acknowledges FEMA does no*, requtio m.surance to t obtained or)d rnwritained for prqecls where the 10tal ehgtble damage is Iress, than $5,000&.� In addirAirt Io Oic peocedfrig requirements, tile Sub-Rcclplenz under-stands 4 .s lrequi7ed to obtain and rnaMMM ­3V,'mceo,*i oefla-lipeimanerit work pfulecls III ordcr to be eligible IC Public Assistance flun6ngi In 11 -luft diMlOrs Purskjart to § 311 of the Slalfctd Act M stated in the StallorefAct, 'Such cdoyera.)gfj mt at a n1intinum Le its the o-nici,int of the eligible protect costs ' Fum.er, the Stafford Act, reQuIres a Sub Recipient to putch-aw, as)d nja=nljvn , rswronce. viirhere trial insurance is 'reasonably available, a0equato or necessary to protect against frijurt loss' to an insti-We facility a- a Condition for receivoig disasw as!uiV6rx_0 funding The Public Assistance Pr roan and policy Guide furifter states 'tf the Applicar, I does not ccmptywith the requirement t0obliairi and mrilintain trAutance FIENIA Wit cony or doobligale PA funds 1 ` 1 0u'i the Current disaster.` If the State IAsui`k CommISS COIVIDS that Vie type find extent of insurance is not 'fe,Isclab;y ava4able, adequale oe necessary to protect agadins] future bass' to an insurable facrslli, the Regio" AdmirWra;or may MOVY 0r waive the requailorieril in conformity vviih, th# corlifhw- ­,on she Sub-Rucipent undemland$ and a grises 1 ' Is responsible for beiN arwate of, and complying with, all nsvforrco conssuerafions contaoic-d on the SIVoed Act and in 44 C R §§ 2C6 252.253, EXHIBIT B Page 84 of 100 N11 ■ MARATHON ANNEX DRYWALL REPAIRS W 7 1 *.e Sub- Rriciplent ngreeia To rwldy the R rpienl in vmbra q within thirty (30) days of the date it beds sees aware of any insurance coverage for 1010 d,aniag@ ldentifre on tugs applicable Pro)act Worksheets and of any enKle -ment ",o compensation or indemnjkalron from such in uronce The Sub-recipient further agrees to provsdv all peFtine rst insurance infao(mation includ:reig but not Bran' d to Copes of all fioiK.ges_ doclorabor ffi ranges, insuring a9teernents. conditions and exclusions, Statement of loss, and Statement of Values for each insured d'aarnagod facility The Sub- Recipie *ril underslands and agrees that it is required to pumic payment under ds insurance p alieiss to the best of its abiiity to niaximize potential coverage avrarfrt ie The Sub -Reap ent uneerstands it rrrray not roc +a vo fund.r~g under this Agreement to pay for oantagecoveled by ,nsurarrce friar nfay the Sub•R€cipx -til receive ony other duplicole beriefils frcrr, Orly source Whatsoever The Suta ftmipie^rit agree to reimburse the Recipient if it receives any duplicate benefits, from any sowce, for any darn agt :Serilifiod cn tho up llcohie PrOW 9 Worksheels, for Shirai the Sub- Recrprent !+as received payment from the Recipient Iho 'Su - PevPlorit Sre4m to notify the Recip nit in writing vo thirty (301 days of IN,- dale it becomes aware of the possAloW aava labitly af, app'Qs far or receives funds, regard'ens o the sourt,a , which caeW risasonabr y be consiftrod as dup`catar benefits In the event the Recipient daylerrrrrnes the Suta 40Cfi plenl iias re""Iv d rluallcat TWnaf 1hQ Sub Uvmz the Grunlocil Recip ent ,rind. +or the Chief Financrat Officer of tare State of f `sir ;rte, flaw tiiwoms author fy to offset the arriount of any such duplicate benefits by withholding them from any ether tunics othervv,so duo and payable to the Sub and to use such remed y as may be available adminisrratrvel°y, at law, ar at equity, to recover such benefits The Suo- Retrpieht is re porastTMile for the„ �rnplvrnenlaloon Ord cunaphstion of tfse aporoviwi prof to described in the Project Worksheeiq in a manner occtrptsble to Rorrpionl €tied in accordance wash applicable Local Stale and Federal legal requirements If Applicable, Wr contract docunsar- -;s for any prolett arirdenaken by the Sub rgraanteerSub -R iplont, and any larid use permrfterd by gar ongaged in by the Sub- grantowSub- Reeiprent must be consisleni w.th the Oral government comprehensive plan T €,c Sub•Rocipiea must unsure that ary deve^,opmert or development order compi:€ts with all opplicub(e pltrnning. permimriq and hw0ding rr urrements irclud�ng, but not limited to the National prwoonmeni al Policy Act and the National Historic Preservation, Act. Tree Sub-Recppern must engage such compalent, properly lacensod, onginetnrig enviro -ni ental, archeological bip tdrng ana otlser teclincal and professioital a-mmance at rill pirysTMet sites as troy be r-oeda d To aar That the proyecl corrapl ass with The contract documents. UV Alhough Large prole-t, peaymetrrst rrau>t he b dd on documented actual costs. r OS*, urge Pro;e«cts are inrlolly approved basgcf on em m aled cvxfs Funds are miaow aaartutlife to the Sub- Roc�pront when work is in progross and funds nave been expended w4h d %in! antraton of costs ova lainto When all worli, associated wsth the project rs compiele, the Slate virm perform a reconciliation of ac tual costs and wD transmaR the information to FEIAA for its considerations for final funding adjustments (See Closeouls) a) a Request for R eimbursement (argil le in FlandaPA o ); EXHIBIT B Page 85 of 100 MARATHON ANNEX DRYWALL REPAIRS W b) a Summary of oocurneotali", (soD) wil"Ch 1 6 h00d Rombursennerat Delijil RupoTt in FlDrIdaPA org and is 0 Created lonen Jh* Request for Re.rnbursement is subm,tteiaf (.arid * supported by copies of original documents such al, btrit not rimaed to colqla, documents, irisurance porn e5. payroll fora) s, da. logs, Invoiees, purchase orders, and change orders), and 0 irtu FOEM Cost Cla;,-,, SOMMOry WoADook (found in the F orrn$ $eel of FlcrsdaPA c(g), along will COPMU of 01 qinal doctrrinentq -;vrl) 4 Wnlratl dOCUMC-1115, invoices. change orders, fArx,eloo checks for other proof of *xptarldd Purchase Orders etc ar Payrtionis under the Public Assislan*irf Altorrative Proiccedures Program (FAAP) are paid as an Advance F NotwithslandIng Pwagriph 1) Funding, in the Agreement, these payments are not bound by Section 2 !J5 1( Ptocida Statutes. 1 For a Fedemay funded contract, any advancepayrnent is also sub - act to 2 C F R , Federal WoIS Circulars X87, A• l 10. A-122, and the Cash 043h' orienient trnprovernera Alit of 19 2 All advarces must be hard in an inliwest-bew4rig account with the inteiv*l be.ng remised to Me Rec4pierai asoften as PrktclicabW but not later then ten (10 trusiness days after The close of each caiendar quaffer 3 In Grder to prepare a Request lot Advance (RFA) the Silb Ft0c IM t Must certify to One Recipidot that it has pre —nedures in place to ensure that funds are disbursed to prolev vendors, ConliaVoirs. and I Subc*r,KKtWS without unnecessary dolay The Sub-Reciptailt Must PrOpam and subma a budget w4i contains a timellne 0TO)"IMP future PaYrnePl 5010d"!es through Project comp!e1ton 4 A separAiv RFA must be completed for each Pr ",d Worksheet to be included in one Advance Funding Payment 5 The Sub-Ftecip ent most conipleio a Request far Reimburmjrnavl tRFRl via Flor;daPA.org no, mc. >e Inan ninety 190) days ahao receiving as Advance Payment for a spec4rc project tre RFR must account for all exVitin4dules incurred while performing etrpilble woA Occufnentird in the apptpeab.ne Project WOrklthae,-t 10r which the Advance was rece.ved 6 It a romiburserneril: has been paid prior to the submittal of a request for an advance payment an Advance cannot be ac4:tpted lot processing 7 The Recrp May advance funds to the Sub-Recipienl, not exceeding the Federal share, Ghly if the Sub•Recipient Mee's the f0cwing conditions a) the Sub -Recipre-ni musl cvd to lhe Recipient that Suh R#,c has Procedures in ply ct to ensure trial hands are disbursed to PfOjoct vendors, confraClor'Sr and subcontractors without unnecessary delay, b) the Sub-Recipient must submit to Me Recipient the budget supporting the request 8 Tne &jD-Recrp must submit a statement Mlifymig the advance and the propose(l use of the f v""Oh OU SPZV�fies the 3 of funds requested arrd certifies that the advanced funds will to expended no More thrm rimety (9 days after receipt of lhe Advance, 0 The Recipient rinay. in its sole discrevin, wilhhOld a Porl ol the Federal anWor nonledera: share of fonding under this Agfeernent ffohi vie Sub-Rec,pient if the Recipient roasofiob'ty oxpWs that the Sub Recipient cannot meet ine protected budgeted unnelin.e or JhFJt rilefe may be a subsequent delerminatron by FEMA Ina' a Provious disbursernent of funds under this w any other Agre*m.ent with ale &o-Reciprenl Was :�,'.rrn(Dpet . . .. ............ . EXHIBIT B Page 86 of 100 MARATHON ANNEX DRYWALL REPAIRS M DESIGNATION qF A ! j Trio Sulo-Recrfreent must comptete Atiactirrient 0 by desiprrytmj a1 lea three ;agents to execute any ReNu sls forAd vance QrRoinibipri%emont, certrl ca¢ions, or other hecess€rry documentation on Doho1 of the Stu* fRoctp ^cnI After' execution of this Agreement the aurhon2ed, primary, and Becondary rn iy regr sl changes to conta via email to the Sl3le asslgned tern In the ovent the Sub - Recppienl contacts have not been tip-dated d rer{, rlarty and all throe t3) Agei is h tva separated from the Suts- 130c,plen"s agency, a ders-j;nrltpon of authority form 4 bo rreetied to change eonladts NOTE This is very important bocauSe if Contacts are not updated. nollficatsio «,s made from FloridaPA,org may not be received and could result in ralfuee to meet time period, to appeal a Federal datemifnatlon, `:l W hat is a DUNS number? The Data Universal Number:np Syslorn (DUNS) ntinioar iq a unique nine-digit identifetuon number I'ttovided dy Dun & 81adstreel (M) The DUNS number #s Site speriflc Therefore, each rrrstinct physical tOcwl err of an entity such as branchos, divisions and hearlej garte(s, may oe assigned a OUNS number Wh o needs a DUNS number? Any Institution twat viarts to sut�n,.il a grant Oppircatron to the Federal government IndivOural researchers do not need a DUNS nurrr wr d are submit1mg their appfrca"'cn through a research organize k-ri How do I get a DUNS number? Dun 6 Bradstreet have designated a special phone number for Feo-ol ll grant and cocperal ve a„frerr,enerrl applrnntsdprospactiva apprtcwls Call the number below be1w -?en 8 a rn Ind 5 p rrr local lirzle in the 48 contiguous stales and speak to a 00 r ®presentative This process will take approximately S - 10 minutes and YOU will receive your DUNS number at the conclusion of the cell 1-866-705-5711 r . ,. 1 , a i.: Why does my Institution need a DUNS number? New regulations tattirhrg rlffp l Oct 1 200 mandate That a DUNS number t)e proavded on all Foderal gram and cooperatrve agreement appl caijons The DUNS numbef will offor a way for the Federal govarnment to ootte" rnatrh information acrorrL a.gt;"c�es EXHIBIT B Page 87 of 100 MARATHON ANNEX DRYWALL REPAIRS M Flow do I sea if my Institution already has a DUNS number? Carl thet toll rtee number above and Ind :ale that you oie a Federal grant anar'c+ eom perareve aagreern nt :a>pploc4artr Da 13 will tall you ti your organization Mterady ho:g a number assigned If not Mey wilt ask if you wish to obtain ane Should we use the +4 extension to the DUNS number? ARIno O&B provides tiro abaty to use a 4-digit uxtcrtsion to this GUNS number, neither D &S nor the redoral government assign any importance tO the extearnoon. Benefits, if any derived fro ris the extension will till at yo,a inst suiron only. Is there anything special that we should do for molti =campus systems? f fulli ctanspus systems can use what i :,l ca tt +d a parent OUNS rrurmber to raggregoale Infa"naatvori for the uyittc^n as a whir "e The mam camfxis will nood to by assigned a OUNS number f icon e;toh ? =airs mitoi lW"t>us viii N recd to references the m3 it eranlpus OUNS ri,urnbea as thou parent GUNS whet) obola ning tire, own DUNS nvmbor For NtH grantees, if each campkm bubrsarts grant applications as a rr!Nu€ grantee o?gonPzaatvliro then unch canipus needs to Wain their raven OUNS rfiumbu:r Does the DUNS number naffed to be included on individual fellowship applications? Yrs with one exception tt is the DUNS ntimbrtr of me sponsoring inst t 4;crt that shouril to i hart " the application Indwidua+ Kirschsl(nn -I RSA rellraira; hops Ih i propose training at Federal laWrilitorios do rr l requir = *a OUNS nurnber iy` rIal does the DUNS number have to do with the Central Contractor Registry (CCR), soon to be the 8usiness Partner Newark 18PN)7 R egtstr&ahori in the CCR is mandatary for aanyoNii :v4ling I* sutanirt a grant application a&Ktrara cill+y trsresUgh GtOMS gram Your organrzaticrx will need a DUNS n;arnbor in order to =ogrster in the CCR This CCR is the central registry fear o•g{aniza?iona lhat nacre received Federtil contracts if your organrz>alion har, ra ceived Federal contracts, it is already registered in the CCR but Ihis is as qoM estaprirtun ty to verity that your organization onfo.rrnaai van is (il) to dale For more information about The CCR py;trst visit the CCR web s• ? „e at, wiww ccr gov What shouts we do if our institution has more than 1 DUNS number? Your inslotuirurs will need to decide which OUNS number la use for grant appPrcaaion purposes and use only that number Does this apply to non -US organizatfons7 Yes tress neon requirement app .es to all types of grai°rtee organizations including foreign, nan-profit, for prOiM as x ll as far slate And Federal governnaeM ;agencies Does this apply to non - competing progress reports? No This now togvirernent applies only to compelin,; appl catuaras Are there any exceptions to Me new DUNS number rules? Individuals wrio would porwonaally receive a grant or wopefanve agreemeril a` 3rd from the Federal govern -m-em apart from any business or iron -profa organization they may operate rare exerufat frovi this marl rtirrtant Also rnd,aradual K3rschsleiwNR"cSA fellowships that pwose training at Federa. ta,"rwolvs do not ia,+tguife a DUNS number, Who at nay Institution Is responsible for requesting a DUNS number? lrars will vary front €acstituvor) to irtsrrtution This should be done by sorneone knowivdgeable a out the entire Structure of your tristatul +tan and who has the s to makes tstx:ta doerszons Typically tfais fecluestwoulo, careen from tno irrauncol accountr*ig department or some othat depa€Inierit ttsaal condtcis, business wells a large cross section of 9,10 rrdst:tvl'on EXHIBIT B Page 88 of 100 N ” ■ MARATHON ANNEX DRYWALL REPAIRS M We are an organastion new to F edisral gram fundiing &owe obviously need a DUN 9 number Butwe don't want .b included in any markeling Itat Wh;m can " do? If you do not want your narrWorganizalon included on this matkoting list, request to be do• fisted from 0913's marketing Me Wflea you are Spea*ing with a D&B representative during your DUNS number telephone appjscauon WhG do we contact it we have questions? 11 YOU have questions about applying For a DUNS number, contact the Dun & Bradstreet Special phone number 1-866-706-5771 If you have "eStions concerning this new Federal-wide requirement. contact Sandra SwW Office of Federal FInAnCIA) Management, 202-395-3993 or " e-ma lf at jP - § jftliU Form W-2 For the pu(pwo of this AgFeernent a Sul .Aocpient is aa3c a Vendor The State of Plarida requvres vendors doing bvsingss With the State Ile submit a Stiftitule Form W-9, Tixe purpose of a Form W-9 is to provide a Fedora) taxpayer Identification Number (TIN), official runt :y name, a business designation (sole proprietorstrilt. corporation, pwtncrsh e!c i, and othoi taxpayer information to the S1810 Submtsson of as Form W-9 ensures that the SlIgWo vendor records and Form 1099 roportinq aw accurote, Due to specific State of Floods req'idellner"Is, the ST0 will not accept tfie Internal Revenue Sevwco Form W-9 Effective March 5, 2012. State of Flords aget' Will not be Permitted to place orders for goods and scrv4es or make payments to any vendor that does riot have a verified Substitute W-q an file WAh Ifte Department of Financial Services Vendors Are requ to regilter and submit a Form W-9 on the State's Vendor Webstle at EXHIBIT B Page 89 of 100 !1-11 MARATHON ANNEX DRYWALL REPAIRS I Mim FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE Tree Feoeiat Funding Accountability and Transparency Act (FFATA) was signed on September 26 2006 The intent of this legislation rs to empaavrar every American with the ability to t m'd the government adcounla wra for each spending decision The FFATA legislation raa wires information on Federal awards IFederaf assistance and oxperrdnures) to made available to the public via a single, sAwcha9b vvetosafe, which .s t irp h W „, The FFATA Sub - award Reporting Sy town IFSRS) is The reporting tool the Florida Divan on of Emergency f; atanaagenufvil ('F OEM' or'Diuiston*) must use to capture and rep rt sub -awaro and executive cotrpensafron late tegardang first tier sub-awards that obligate S26,000 of more in Fedrarai fiends (excludraar Recovery funds as defined in section 1512 aa) (2) & the American Recovery and Reinvestment Act of 200 Pub L 111.5) Nolm This 'Insina&ons and Worksheet ,a rrro wl to explain the requirements of the FFATA and gave clarity to the FPATA Farrar distributed to curs alvvaardoeaS for compleucri All pertinent cilonnaation bald should be filled out, signed, and relurnead to the protect nnarn rger ORGANIZATION AND PROJECT INFORMATION The following tnformation most be provided to the Fi7EM prior to the FDEM' issuance of a sub- award (Agreement) that obilgat+as $26:,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 o N FUNDIN A iENCY F pd�eral Ee fr r eraCy.. MStdnTga n om A ncy ......._ AWARD AMOUNT 5 r" �s . r� �t•_,asn tea;; OBLIOATIONJACTION DATE: SUBAWARD DATE (if appkcaWei DUNS# DUNS# +4 'if your company or ofaganizateon does not have as DUDS number, you will need to obtain one front Dun & Bradstreet at 866 711 or use the web form MAP 410dpv da-) ccniNveb3c6m) The process to request a DUNS number takes about ten minutes and to fired of chtarge USA NAME (IF APPLICABLE) EXHIBIT B Page 90 of 100 MARATHON ANNEX DRYWALL REPAIRS W ADDRESS LINE 2 ADDRESS LINE 3 CITY STATE ZiP CODE+4 PARENT COMPANY DUNSO (d applicable) CATALOG OF FEDERAL DOMESTIC ASSISTANCE JCFDAV) DESCRIPTION OF PROJECT (Ur) 10 4000 Chaiarlers I Ildti S PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS); ADDRESS LINE I ADDRESS LINE Pi ADDRESS LINE 3 CITY S TA1 F, ZIP CODE-4" 0—,NQfjF'SSI0XAI 'P '0 "Providing It Z9-4 ensures that the correct Congressional Disirrct :s reported EUU1N jj ON INFORMATION: —� I I in your or orgas4zalon'S preVic�ri fiN" YOWL did your business or ofganaalon (inctoding parem ottlanizallon, all bra-mcnes, and all 31Rziles worldwide) terA.Ve (a) 80 Percerm Of more of your artrnial qrcss t" from Federal procuremen", contracts tans( sulticonlracts) and Federal financial asss ((,, g loans, grants, subgranis, anWor cooptwativiLi agrearn et I s4bjw't to the Transparency Act, a deltirrod a 2 CFR 170 320, , (0) $25,000,000 or more in annual gf"6 tev( from U S Federal pro urerrrartt coliVacts (and subcorilracts) and FtdofStl f[j PW (o (I tkazins grams, 5riLVaniv a-Wor coopo`atjvo aqteeryienjs, etc ) s Transparency Act? Yes El No E] N 020 dn$wvr 10 Question I is "Yes, " Continue to Question Z. U the answer to Question I is "No', mOvO to (he sionature block below 1`0 Contplefe the corlification and submittal process. 2 Does W- o"Ofic have access t o infornlatv,)n abc,A we corriponiiaCpm 0 trie executqves jr, your buwness or argqr irncluding patent orgaruzal=, 4 bOrict' and all eilwales woddwjde) through pevocDc (epottq filed "rder sort on 13(a) of 15(d) of the Socur:tes Exchange Act of 1934 i 15 U S C 78rr Sect on fs!04 of the lnternal Revanua Code of 35 a6 Yes 0 No ❑ It the answer to Ouestion 2 is "Yes," move to the signature block below to complete the certification and submittal prove%%, (Note: Securities Exchange Commission information should be accessible at httpihvww Requests tot Internal Rovenue Service ORS) Information should be directed to the local IRS for further assistance. It the answer to Question 2 Is "No" FFATA reporting is required. Provide the Information required In the "TOTAL COMPENSATION C14ART FOR MOST RECENTLY COMPLETED FISCAL YEAR" EXHIBIT B Page 91 of 100 MARATHON ANNEX DRYWALL REPAIRS om aPPOWIng below to report the "Total CompensatloW* for the five 1$) most 1119f1ly compensated "Executives". In rank order, In your organtzation. For Pkilp-oses of this rqquesl, tree following terms aopfy as defined in 2 OFR Ch. I Pan 170 Appan(bx A ul ly ff r�agjngl partners or o1her emloyeeg in rnal fta is defined as 'a icers, m , p a, am" positiona' in defined as the cash and noncaih do1ar value earned by ft execulAre ftring the mast re0ently Completed fm cal year and ixludes the PROVIDED KEREIN IS ACCURATE EXHIBIT B Page 92 of 100 MARATHON ANNEX DRYWALL REPAIRS M Attachmen 6 Ma n d atory Contract Provisions rws ns Any corw ",:rank or SuDnon tact funded by IN5 Agreement raauwtt contain the apptickabte proymorm oitfined in Apwidix 11 to 2 CFR Part 200 11 is Uw rw;Wnsibdity of the sub•recwpwnt to include the requited prows cns The Division pros des the following list al �s; pnplq provisions that may bps required EXHIBIT B Page 93 of 100 MARATHON ANNEX DRYWALL REPAIRS a 11dir, ili..af #I" kw ry' rn w :5/^> -rc f 9' .v. 4.9 aka fYU,RTk4 .LS e9Ax.f9#: ¢:.a .s-6 a }d£a N# a,N #t Yi9, t7.id5 .1 `. «n.ax.6f yfs 34 xx .4rYr9 s i ' "j I vei.aa.,r•r 8 . e k'fx it 6 ka. "981 4 V . 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V�.. �rM 1 } # .:..,.., t 6 #u k :f�mb'asri•r..sik ,..aa. ,d rb. r, d. i'w1• ni , a2 M1.rp 6 # r,4 Mssa<q �yY H.rta to a6 #v 1r - i[V6t fd Yr3y. wt•af'3' S6 r3 � 0.1 Vrs�rc b..r mw.¢. fbati b6ra brv rrd 44..a'�AA. 6x 3 IL 11 p4i4rcu 'w1 •+4 :s.x.•J a, k 435333 a 1 t F %Wi #Ykr1l xreL: "1B 61 4 # 6 + Yryt -s4r 1F-' 1� -a le 6q 3W i i!a8i w ;i +': ykr3dta aF eat +4r ^ ^4pxaM hF a! 4..r 4rxi3 er. rr .49- '�-e.i. #.e r 8'a:fa ps an •a I.YwI Yar.v � 3y 35siW Y•w. •74 aY.q'e wy w,k4x m� &yes r akrrr .xN liy. +al ry.. e,nA r � : i# ar i.,Y #+a a 43g4a •:RFarce. - 6'.x h.# ,fP.ef...srt. P6 a0. w,w •aY t{tp.b`fq « .a.� 3NrMr, Y °i ry ".- 3.3P S� i r1s• R 1r1„ai 11 -%P b 36 -H W e I.1 dV 3� x.¢.w inr to w is wr1+ m EXHIBIT B Page 94 of 100 IVIARATHON ANNEX DRYWALL REPAIRS MN lei {✓j" brY. !k ° e,Fgdlr3§y1r1d Cr6krd t,W,p #6$. R%i u [Q.rw 9 «1 €.`Ft a'ti.3t1 1.+k91 t2 C':R'9!€. 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V.01, . jA«ix'y' N.rw1 l �w r., rfrYek=f«. r„et fr �Pt d �� "; rQrvrs t 1ua ^+.�•Y m, m�«ai OR fr mw Eir11l+7dwk' fir. q f+k a!4ra..a`+6 1 r %WA, •s: 11 V-1 tab' I-- «a &uu, ,.R, 11.1. 8 fiat.d`r ar. m F1J. 1W 1, "'o, 44 ttiw €[ m YN" N pli;Qd'+1 €esk w�1e rsesAR®N 66v.e, a h dart =,r.Q., nt 4°g®.I1 'I ®wm 1a n 61 . asr 11 of ea� :er a q, f`k+R 11 a&Mv 0. owhm+ 611 n� Qa-.i - llp" st.l t6.tt +lG:us &+ 6ag ti #iM 01'w1Y'a...P I't4 €lay. +< «. +'S = try 0 t. .?r fit f" Lr e1 1" 'F'?f ,a:�r 'K`14•mr' 1'atL-3 ag3lt {a .,V- 4#101 AA Isar€ u6 3x 1t �r V R«h wi rf.Y.,P+M Tn1 , e '- 4m91v+n Y P iQ:fi3Y «6 Yt etti +ao-rfrrdr a .rtvt.pas f w nxr€4°„1 €.4v'« .pau 4T 9'.1V.€' Awp: argil Y:iTf. .. r <Ilro�wr�atR,g Pap 11w«rw c,low td i xf.s ronrfws (0 OVA 03 ter. ; EXHIBIT B Page 95 of 100 N F: i ■ r r r , r r , s# a IIIIARATHON ANNEX DRYWALL REPAIRS ws a ea�.ac Y.�Wa n ras@ a•e+W'A sw6 b �w Y eiw eag�riwa N +� ®rni r� a 5k,..i Ix a•4 &$ �@0 wW #a?iP.rk{ a#ib '.w'Yrann 6 BW �,$ Y9 x'dy+ +"Vnkr ia%s iq's frC V xrwYkm. a+ x 4.^w rof16 y0. {-.F a,r e.r.§ ai•+a'a. a Y Y =w.w=»' W 4 i•di,r „ fQr »- M eYwMEf. s:sa x4 i uni. h'sx wE w wW.•+P.e led SY...n- ,n»raw a srk .._ wb4 t w 0iw'0. {0 w t mr ik i t s w9 u 7 a •ed at aviY0. 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"Y °n.aYat tr'!,kro sy Im + tav' "a<'S eAt+i nr: gill °Y nsYl`.exeama aP ia. xai{avdsf wE LWI ®9Ap dew 0.+s {r dx �rnw o-P r44a w+ - a° J. •. aEarr 4n - g-aw i a4Y aQw «x.u..x. 4 —' .sw:kx ikw aiGt GS s ®cR�. u r.=za •eecr,a,. a+¢ar lama+ Ya @at��s 'Ip r4eaA Y® "bniwe Vha W.t4`:e1M • d YFp ui B {® sez.ma6w @m0. n¢;,,d Y. {. - '_`ien d ^�tia.Y a+..uLSYlx r`e Wvk�. n f4 t'Y. may. tbrY. �ro ePYL•x. y lLVvx €.,+' , ��el9e A »W � e►, avm �Ya@ @wm �'dB.b..,r N W +f W — YCr @4iB$mr d cmk.v wer e•n: a-s�e caames BiraF.@ w' 9inB0 .7 w im MFl•1�•wi ar.xga Ba btlAaw ®- "bii Ac @a8'cava¢at 0° :4ee.3. s vPohW a�c.w�„y.,w{wao-aVq;.w -aeL a Bc sFa+ w�+bae {mow=.@ aMbn W $sktdr � sY ®@aw urr r. {.a �.4rxea[�.an lvi ru,u•; wn•,.:a +Wdcs ,•a:ssann , { ++" —I $w Ir+v+Ya o a?lcbd r atw .,l:a mwrn ��5rix! ¢C mn ° �«'r a�ttna6ar¢F r.atxlcL.c Ya'tl@, $a' ,ta w,a u•'## ad.eY.r, !'>taSw Yw ee :WRt.:mK -Yxaae YkF&ai° -.V. d�.3k0ev'eem �Ii.E" 4M EXHIBIT B Page 96 of 100 MARATHON ANNEX DRYWALL REPAIRS Z Attachment J DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT The Department of Homeland Security JDHS) Office of Inspoclor General (0101 was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synapsis of those findings are listed below: There Nive been 37 "fraf.-plu trvancas where G!aMeesiRecipients or Sub-Reciprents &4 not foftov the prescribed rules to the petni OhM the 0* btAieved tile 1>010 !19 wo4ations couid have nulfirred the FE State agreement I Non Competitive contracting practices 3 FaOure to epioloy tile required procedures to ensure Mot smil, minonly, and women's owned firms Vocre all g, far consoefatten 4 Improper "cost -plus-a-percentage -of-cost" corilracling practices The following Informallon comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG•16.109-D dated July 1, 2016. The following may be reasons for the disallowance or total do-obligation of funding given under tho FEMAlStato agreement; I Use Of 1MprODOr contracting Practices 2 Urimipporkid costs anw��M 4 Ouplicalion of benefits 5 Excessive equ charges (applicab,ltly may vary with hazard mitigation P°ojects) 6 Excessive labor and fringe benefit charges EXHIBIT B Page 97 of 100 MARATHON ANNEX DRYWALL REPAIRS m Sob-RecipieaA Agency Date Signature Title EXHIBIT B Page 98 of 100 IMARATHON ANNEX DRYWALL REPAIRS M RECIPIENT. It you are requesting an advance, indicate same by checking the box below. It you are requesting an advance complete the loglowing chan and has dern justification below. Example: PW#"01(0) • 20_-20_ Anticlipated Expenditures for First three Months of Agreement Contract War* $1.500,000.00 (provide detadedJustif4cation). LINE ITEM JU§TIFICATION tFor each Me item, provide a detailed' justification exp!aining the need for Pie Cash advarice The pisi must include supporting documentalton that clearly shows tine advanco will be vxi)oivdvd within the first ninety (90) days of the contract term SuppoTifturroritolvin I vy ind expenie projections. etc to provide V*o Ooutd inchide quolcs for porchas03, dolively tJrJJe:L4)ft, sati Division reasonable and nr yu story SUPoOlt Oln' WU kdV1nC0 Vvill be vsx;x-nded w1h in the hist nmely 190) days of the contract ter-i Any advance funds rid; expend0 %ithirt the List ninety (9 0} oays of 11 conir&41 wfrn mull be returned to the Dtvis= Cash et, 2555 Shurpard Oak Boulevard, Talaahossea, Florida 32399, within thirty (3D) days of receipt, akmg w1h any interest earned on the advance) EXHIBIT B Page 99 of 100 m m -10 (D 1-11 0 0 0 0 Sccrcd �Crv, c mbi I k2m 4qO 6 J , womew Z w 1 0 z z z m x 0 X X m M X Cl) ME! Mil1 . M F 7TV U M=M, i 11 11 rl, IT&M."11 ANI 4qO 6 J , womew Z w 1 0 z z z m x 0 X X m M X Cl) ME! Mil1 . M F 7TV U M=M, i 11 11 rl, IT&M."11 BUDGET AND FINANCE PURCHASING DEPARTMENT TABULATION SHEET OPEN DATE: JULY S 2018 AT 3:00 PM TITLE: MARATHON ANNEX DRYWALL REPAIRS & FLOORING MONROE COUNTY, FLORIDA RESPONDENT BID BOND BID AMOUNT Pedro Falcon 5 0 /0 $121,033.00 Sea Tech 5 0 /0 $118,825.00 Bid Committee Present: Steven Sanders Members of the Public Present Ryon LaChapelle (Sea Tech), Ken Bygler (Pedro Falcon) I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the State of Florida Convicted 4 Suspended Vendor listings, All bids listed above were received by the date and time specified. Bid Opened By: Lisa Abreu, OMB