3rd Amendment 08/15/2018GJ Z COURTS °
o:
Kevin Madok, CPA
.... Y1
Clerk of the Circuit Court & Comptroller — Monroe Count Florida
•R OE COUN
DATE: August 23, 2018
TO: Alice Stervou
Contract Monitor
FROM: Pamela G. Hancock, D.C.
SUBJECT: August 15' BOCC Meeting
Attached is a duplicate original of Item C1, Third Amendment to Agreement to update
current revisions pursuant to Ordinances and Federal required contract provisions with Air
Mechanical & Service Corp. for central air conditioning maintenance and repairs at Middle
Keys Facilities, for your handling.
Should you have any questions, please feel free to contact me at ext. 3550. Thank you.
cc: Facilities Supervisor
County Attorney_
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
THIRD AMENDMENT TO AGREEMENT FOR
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES
FOR MIDDLE KEYS FACILITIES, MONROE COUNTY, FLORIDA
THIS THIRD AMENDMENT is made and entered into on this 15th day of August, 2018,
between MONROE COUNTY (hereinafter "County" or "Owner "), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and AIR
MECHANICAL & SERVICE CORP., ( "CONTRACTOR "), a Florida corporation, who
principal address is 4311 W. Ida Street, Tampa, Florida 33614, but whose address for purposes
of this Agreement is 2700 Avenue of the Americas, Englewood, Florida 34224.
WHEREAS, on November 17, 2015, the parties entered into an Agreement for Central
Air Conditioning Maintenance and Repair Services for Middle Keys Facilities, Monroe County,
Florida, (hereinafter "Original Agreement "); and
WHEREAS, on November 22, 2016, the First Renewal Amendment Agreement was
approved renewing the Agreement for an additional one -year term, adjusted the contract amount
in accordance with the annual U. S. Department of Commerce Consumer Price Index for all
Urban Consumers (CPI -U), adjusted the hourly rates, corrected language to reflect Section D as
the correct paragraph rather than Section C, and revised the Public Records compliance language
in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to Sec.
119.0701, which became effective December 1, 2016, and any subsequent changes thereto; and
WHEREAS, on November 14, 2017, the Second Amendment Renewal Agreement was
approved renewing the Agreement for an additional one -year term, adjusted the contract amount
in accordance with the annual U. S. Department of Commerce Consumer Price Index for all
Urban Consumers (CPI -U), and adjusted the hourly rates; and
WHEREAS, the county desires to correct certain scrivener's errors within the Original
Agreement; and
WHEREAS, County desires to revise the maintenance of records provision, non-
discrimination, and termination clauses in its contracts and /or agreement to update and/or add
current revisions pursuant to its ordinances and/or Federal Required Contract Provisions; and
WHEREAS, Contractor agrees and consents to such revisions in its Agreement to
correct scrivener's errors and ensure compliance with the Maintenance of Records, Non -
Discrimination, and Termination clauses, and compliance with Federal Required Contract
Provisions requirements; and
WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the
Maintenance of Records, Non - Discrimination, and Termination compliance clauses, and Federal
Required Contract Provisions; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below, the parties agree as follows:
1
1. Paragraph 6, FINANCIAL RECORDS OF CONTRACTOR, of the Original
Agreement, shall be amended as follows:
6. 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.
2. Paragraph 11, NONDISCRIMINATION, of the Original Agreement, is hereby
amended to correct certain scrivener's errors and include the following Federal Required
Contract Provisions, if applicable:
11. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
A. CONTRACTOR and COUNTY agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action of the part of
any party, effective the date of the court order. CONTRACTOR or COUNTY
agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. This include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age
2
Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and
527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality
of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 12101 Note), as may be amended from time to time, relating
to nondiscrimination of the basis of disability; 10) Monroe County Code
Chapter 14, Article I1, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965
Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R.
Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, `1C 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
equally 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.
3
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
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.
In the event of the CONTRACTOR'S non - compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
CONTRACTOR may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
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3. Paragraph 18, TERMINATION, of the Original Agreement, is hereby amended to
include the following Federal Required Contract Provisions, if applicable:
18. TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this Agreement after five (5)
days' written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
• C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to
perform the covenants herein contained at the time and in the manner herein provided. In
the event of such termination, prior to termination, the COUNTY shall provide
CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR
with an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the COUNTY terminates this Agreement with
the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this Agreement prior to termination, unless the cost of completion
to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY
reserves the right to assert and seek an offset for damages caused by the breach. The
maximum amount due to CONTRACTOR shall not in any event exceed the spending cap
in this Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract and
including the 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 lime, upon sixty (60) days' notice to CONTRACTOR. If the
COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds remaining
in the contract. The maximum amount due to CONTRACTOR shall not exceed the
spending cap in this Agreement. In addition, the COUNTY reserves all rights available
to recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the County's False
Claims Ordinance, located at Art. IX, Section 2 -721 et al. of the Monroe County Code.
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4. The Original Agreement is hereby amended to include the following identified as
Paragraph 39, FEDERAL CONTRACT REQUIREMENTS, Paragraphs 40 and 41, to include the
following Federal Required Contract Provisions, if applicable:
39. FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its sub - contractors must follow the provisions, as applicable, as
set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended,
including but not limited to:
39.1 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- 7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251 -1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA).
39.2 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, for the construction, alteration, or repair
(including painting and decorating) of public buildings or public works, awarded by non- Federal
entities must comply with the Davis -Bacon Act (40 U.S.C. 3141 -3144 and 3146 -3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction "). In
accordance with the statute, CONTRACTORS must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made by
the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less
than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit
"A" and made a part hereof). 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
6
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. 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.
i) 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.
ii) 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.
39.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all contracts
awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or
laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must
compute the wages of every mechanic and laborer on the basis of a standard work week of 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.
39.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental,
or research work under that "funding agreement," the recipient or subrecipient must comply with
the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
7
39.5 Clean Air Act (42 U.S.C. 7401- 7671q.), 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).
39.6 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.
39.7 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply
or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place
in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the non - Federal award.
39.8 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; (11)
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
8
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-
procurement- guideline -cpg- program.
39.9 Americans with Disabilities Act of 1990, as amended (ADA). The
CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations
of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
39.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of the Contract ind 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.
39.11 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.
39.12 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.
39.13 Federal Government not a party to contract. CONTRACTOR acknowledges that
the Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non - Federal entity, contractor, or any other party pertaining to - any matter
resulting from the contract.
9
39.14 Department of Homeland Security (DHS) Seal, Logo, and Flags. The
CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre--approval.
39.15 Compliance with Federal Law, Regulations, and Executive Order. This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only. The
CONTRACTOR will comply will all applicable federal law, regulations, executive orders,
FEMA policies, procedures, and directives.
39.16 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy
of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and state
laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to
ensure that DBE's have the opportunity to participate in the performance of this Agreement. In
this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBE's have
the opportunity to compete for and perform contracts, including but not limited to 2 C.F.R.
§200.321. 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. CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA
FIRMS.
a. If the CONTRACTOR, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R.
§200.321., the CONTRACTOR shall take the following affirmative steps to assure
that minority businesses, women's business enterprises, and labor surplus area
firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business
enterprises;
10
v. Using services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
40. 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), which is attached hereto as Exhibit "B" and made a part hereof.
41. 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 extent allowed and required by law.
5. In all other respects, the remaining terms of the Original Agreement dated
November 17, 2015, and as amended on November 22, 2016, and November 14, 2017, not .
inconsistent herewith, shall remain in full force and effect.
/0„0 WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day
r ry' .. j .t written above.
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EXHIBIT "A"
Department of Labor Wage Determination
12
General Decision Number: FL180063 07/06/2018 FL63
Superseded General Decision Number: FL20.170063
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
l 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
13
IRONO272 -004 10/01/2017
Rates Fringes
IRONWORKER, STRUCTURAL AND REINFORCING $ 24.89 10.10
PA1NO365 -004 07/01/2017
Rate Fringes
PAINTER: Brush Only $ 20.21 10.08
SFFL0821 -00 101/01/2018
Rates Fringes
SPRINKLER FITTER (Fire Sprinklers) $ 28.38 18.89
SHEE0032 -003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct Installation) $ 23.50 12.18
SUFL2009 -059 05/22/2009
Rates Fringes
CARPENTER $ 15.08 5.07
CEMENT MASON /CONCRETE FINISHER $ 12.45 0.00
FENCE ERECTOR $ 9.94 0.00
LABORER: Common or General $ 8.62 0.00
LABORER: Pipelayer $ 10.45 0.00
OPERATOR: Backhoe/Excavator $ 16.98 0.00
OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 9.58 0.00
OPERATOR: Pump $ 11.00 0.00
14
PAINTER: Roller and Spray $ 11.21 0.00
PLUMBER $ 12.27 3.33
ROOFER: Built Up, Composition, Hot Tar and Single Ply $ 14.33 0.00
SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61
TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
Note: Executive Order (EO) I3706, 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
15
an abbreviation identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an
internal number used in processing the wage determination. 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining
agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted average
rate includes all rates reported in the survey, it may include both union and non -union rates.
Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates based on a weighted
average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012
is the year of survey on which these classifications and rates are based. The next number, 007 in
the example, is an internal number used in producing the wage determination. 5/13/2014
indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG -OH -0010 08/29/2014. UAVG indicates that the rate is a weighted
union average rate. OH indicates the state. The next number, 0010 in the example, is an internal
number used in producing the wage determination. 08/29/2014 indicates the survey completion
date forr 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
y a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
16
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be
with the Wage and Hour Regional Office for the area in which the survey was conducted because
those Regional Offices have responsibility for the Davis -Bacon survey program. If the response
from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be
fol lowed.
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 ~�
17
EXHIBIT `B"
MONROE COUNTY FDEM AGREEMENT
18
APPENDIX C-1 - Grants /Subgrants
DIVISION OF EMERGENCY MANAGEMENT
Grant/Grant and Aid Subgrant Routing Sheet
DEM Contract/Grant Number: Z0002 Mod #: D i n tt[�
iN f
Project Manager /Cont t rson: Lill Forb Phone: 815.4419 I
Division Approval: Date: 3/16/18 132 Di Director
Subgrantee /Funding ource: M roeC my / DR - 4337 Received:
Effective Dates: (9/10/17) - (3/10/18) Amount: $ 2,858,535.94
Type of Agreement: A) Grant B) G & A Subgrant Agreement
) Loan Agreement D) Other (explain)
Routing:
First Review— Finance: df e / 1
Fiscal Mgmt Signature: �/ �it� ww�� � ' w 'a/%ij� (
First Review - . Legal; /7 , J , 6 /6. ' ; C 5 Date Received
Date Reviewed
*/
1/ /f
Legal Signature:
Second Review — Finance: Date Received
Date Reviewed
Fiscal Mgmt Signature:
Second Review — Legal: Date Received
Date Reviewed
Legal Signature:
Distribution: I - Division/Bureau with Original Agreement 2 - Grants with Original Agreement 3 - Fiscal Mgmt with Copy of
Agreement
9 (09319
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SUBGRANTEE AND CONTRACTUAL AGREEMENT INFORMATION SHEET
SECTION 1 - GENERAL CONTRACT /GRANT INFORMATION
CONTRACT #:. Z0002 . AWARD AMOUNT: $2,858,535.94
DIVISION: _ DEM BUREAU:. Recovery PROGRAM: DR -4337 (Federal Funds)
SUBGRANTEE/CONTRACTOR NAME Monroe County
SUBGRANTEE/CONTRACTOR ADDRESS: 1100 Simonton St.,Ste. 2 -213, Key West, FL 33040
WARRANT REMITTANCE ADDRESS) Same as above
SUBGRANTEE/CONTRACTOR CONTACT PERSON & TITLE: Laura deLoach= Hartle; Finance & Shared Services Manager
PHONE:. 305.292.4482. FAX: E -MAIL: del oachhartle- laura @monroecounty -fl.aov
DEM CONTRACT MANAGER Lili Forbes
BEGINNING DATE (9/10/17) . ENDING DATE:. (03/10/18)
ti
FEDERAL EMPLOYER IDENTIFICATION /SOCIAL SECURITY NUMBER 59= 6000749 ^ •
OR
SAMAS FUND IDENTIFICATION NUMBER
(STATE AGENCIES ONLY - 29 DIGITS)
MINORITY VENDOR CODE: (If Applicable, choose one: H- Black, 1 - Hispanic, J- Asian; K- Native American, M- Woman)
SECTION 2 - SUBGRANT RECIPIENT DATABASE INFORMATION
ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY:
COUNTY COUNTY AWARD AMOUNT CO UNTY.MATCH AMOUNT
• Monroe. _ $2,858,535.94
STATEWIDE ALLOCATION
SECTION 3 - SUBGRANT /CONTRACT. FINANCIAL INFORMATION
GRANT REPORTING REQUIREMENTS: QR. (Grant Awards Only) (MO-Monthly, QR= Quarterly, NA)
ORGANIZATION LEVEL 31800400000 CFDA #: 97.036 CSFA #:
r DEM GRANT # 4337F FUND 1 2- 750001 - 105150 EO Z2 $ 2;858.535:94
t,„ ,5 DEM GRANT # 4,367t FUND 2 2- 239047 - 105150 EO Z3 $
DEM GRANT # FUND 3 . EO $
IF THIS IS A. MODIFICATION:
MODIFICATION #:
EFFECT OF MODIFICATION:
AMOUNT OF INCREASE/DECREASE IN AWARD AMOUNT:
SECTION 4 - FINANCE AND ACCOUNTING USE ONLY. (To be completed by Finance and Accounting)
FID #' SAMAS CONTRACT #: INPUT BY DATE:
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON -STATE ORGANIZATIONS -
RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION
This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the
Governor's website ( http : / /www.myflorida.com /myflorida/ government/ governorinitiatives /fsaa/index.html).
If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it
now. (Applies only to State agencies)
This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non -
state organizations after a state program has been determined (using the Florida Single Audit Act State Project
Determination Checklist) to provide state financial assistance (i.e. is a State Project as defined in 215.97 (2)(r), F.S.). This
checklist assists in determining if the non -state organization is a vendor, recipient/subrecipient, or an exempt organization.
1 A non -state organization is defined as a nonprofit organization, for - profit organization (including sole proprietors), or
Florida local government (excluding district school boards, charter schools and community colleges), which receives
State resources.
Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the
FSAA to non -state organizations to which they provide State resources to assist in carrying out a State Project.
Name of Non -state Organization: Monroe County
Type of Non -state Organization: l Heal rnvernment
(i.e. nonprofit, for - profit, local government; if the non -state organization is a local government, please indicate the type of
local government – municipality, county commission, constitutional officer, water management district, etc.)
Awarding Agency: flivisinn of FmPrgPnry ManagPrnPnt
Title of State Project: FPrlaral Puhlie Assistance. flR -4337
Catalog of State Financial Assistance (CSFA) Number:
Contract/Grant/Agreement Number: 7nnn2
PART A
YES NO
X 1. Is the non -state organization a district school board, charter school, community college,
government/public university outside of Florida or a Federal agency?
X 2. Is the relationship with the non -state organization only to procure commodities (as defined in
287.012(5) F.S.)?
X — 3. Does the relationship with the non -state organization consist of only Federal resources, State
matching resources for Federal Programs or local matching resources for Federal Programs?
X 4. Does the relationship with the non -state organization consist of only State maintenance of effort
(MOE) resources that meet all of the following criteria?
X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and
are there no additional State requirements?
X B. Do contracts contain sufficient language to identify the State MOE resources and the associated
Federal Program?
X C. Do A -133 audit requirements apply to the State MOE resources and do contracts stipulate that
the State MOE resources should be tested in an A -133 audit in accordance with Federal
Program requirements?
2 MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A -133
Compliance Requirement G (Matching, Level of Effort, Earmarking).
If any of 1-4 above is yes, the recipient/vendor relationship determination 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
PART B
Recipient/Vendor Relationship Determination:
The following should be analyzed for each relationship with a non -state organization where it has been determined that
the state program provides state financial assistance (Le. is a State Project) and the non -state organization is not exempt
based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or
application.
YES NO
1. Does State law or legislative proviso create the non -state organization to carry out this State Project?
2. Is the non -state organization required to provide matching resources not related to a Federal Program?
3. Is the non -state organization required to meet or comply with specified State Project requirements in
order to receive State resources? (State Project requirements include laws, rules, or guidelines specific
to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of
specified assets, etc. Specified State Project requirements do not include procurement standards,
general guidelines, or general laws /rules.)
4. Is the non -state organization required to make State Project decisions, which the State agency would
otherwise make? (e.g. determine eligibility, provide case management, etc.)
5. Is the non -state organization's performance measured against whether State Project objectives are met?
(e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to
be transported, etc. Performance measures may or may not be related to State Performance-based
budgeting.)
If any of the above is yes, there is a recipient/subrecipient relationship and the non -state organization is subject to the
FSAA. Otherwise the non -state organization is a vendor and is not subject to the FSAA.
PART C
Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion
regarding the non -state organization:
(Check one) Recipient/Subrecipient: -?— Vendor: Exempt Organization:
Comments:
Print Name: I ifi FnrhPC Telephone Number: MS-4419 . .
Title: Grant Manager,
Signature: Date: 3.. 21 ' 201 b
Note it is the program personnel's responsibility to notify Finance and Accounting of which non -state organizations have
been determined to be recipients and are receiving state financial assistance (i.e. disbursements must be coded as 7500
object code in FLAIR).
Note it is possible to have a contractual agreement with a non -state organization under Chapter 287, Florida Statutes, and
still consider the non -state organization a recipient under the Florida Single Audit Act.
If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in
the document that established the State's, recipient's, or subrecipient's relationship with the non -state organization.
Questions regarding the evaluation of a non -state organization or if it has been determined that the non -state organization
is a recipient and a CSFA number has not been assigned, contact your FSAA State agency liaison or the Executive Office
of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850) 487 -3832 or Suncom 277 -3832.
Reference may be made to Rule 27D -1, FAC.
Revised January 01, 2002
Form Number: FSAA_CL2
Contract Number: Z0002
FEDERALLY- FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an
agreement that the pass- through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass- through entity" means "a non - Federal entity that provides a subaward to a
Sub - Recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub- Recipient" means "a non - Federal entity that receives a subaward from a
pass- through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity
receives directly from a Federal awarding agency or indirectly from a pass- through entity."
As defined by 2 C.F.R. §200.92, "subaward" means an award provided by a pass- through entity to a Sub -
Recipient for the Sub - Recipient to carry out part of a Federal award received by the pass- through entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub - Recipient's name: Monroe County
Sub - Recipient's PA ID /FIPS Number. 087 - 99087 -00
Sub - Recipient's unique entity identifier. 021771709
Federal Award Identification Number (FAIN): 4337DRFLP0000001
Federal Award Date: 9/30/2017
Subaward Period of Performance Start and End Date: 9/10/2017 — 03/10/2018
Amount of Federal Funds Obligated by this Agreement: $2,858,535.94
Total Amount of Federal Funds Obligated to the Sub - Recipient
by the pass- through entity to include this Agreement: $2,858,535.94
Total Amount of the Federal Award committed to the Sub - Recipient
by the pass- through entity: $2,858,535.94
Federal award project description (see FFATA) Grant to Local Government for
debris removal, emergency
protective measures and repair or
replacement of disaster damaged
facilities
Name of Federal awarding agency: Dept. of Homeland Security (DHS)
Federal Emergency Management
Agency (FEMA)
Name of pass- through entity: Florida Division of Emergency
Management (FDEM)
2
Contact information for the pass- through entity: 2555 Shumard Oak Blvd.
Tallahassee, FL 32399 -2100
Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.036 Public Assistance
Whether the award is Research & Development: N/A
Indirect cost rate for the Federal award: See by 44 C.F.R. 207.5(b)(4)
•
.3
THIS:AGREEMENT is entered into by the State of Florida, Division of - Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Monroe County,
(hereinafter referred to as the "Sub- Recipient ").
For the purposes of this Agreement, the Division serves as the pass - through entity for. a Federal
award, and the Sub - Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A The Sub- Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal govemment, and the
• Division has the authority to subgrant these funds to the Sub- Recipient upon the terms and conditions -
outlined below; and,
C:. The :Division has statutory authority to.disburse the funds under this Agreement. -
THEREFORE; the Division and the Sub- Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200:302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and ; accounting for the state's own funds.
Therefore section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance ", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub - Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards."
b. As required by Section 215 .971 1 Florida Statutes this Agreement includes:
i..
A provision specifying a scope of work that clearly establishes the tasks that
the Sub - Recipient is required to perform:
ii. A provision dividing the agreement into quantifiable units of deliverables: that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the :Sub
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub - Recipient may expend funds only for -
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has be en
advanced or paid Must be refunded to the Division:
4
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub - Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub - Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to
a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub- Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor and document Sub - Recipient performance; and,
ii. Review and document all deliverables for which the Sub - Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Lililita Forbes
2555 Shumard Oak Blvd. Ste. 360
Tallahassee, FL 32399 -2100
Telephone: 850- 815 -4419
Email: Lililita .Forbes @em.myflorida.com
c. The name and address of the Representative of the Sub - Recipient responsible for
the administration of this Agreement is:
Laura deLoach -Hartle
1100 Simonton St., Ste. 2 -213
Key West, FL 33040-3110
Telephone: 305- 292 -4482
Email: deloachhartle -laura @monroecounty -fl.gov
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party in writing via letter or electronic email. It is the Sub - Recipient's responsibility to
authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the
Designation of Authority (Agents) in Attachment D may authorize addition or removal of agency users.
5
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this
agreement must be executed incorporating the Project as identified by number, budget, and scope of
work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for
the Project.
(7) SCOPE OF WORK.
The Sub- Recipient shall perform the work in accordance with the Budget and Project List
Attachment A and Scope of Work, Deliverables and Financial Consequences— Attachment B of this
Agreement.
(8) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end six (6) months
from the date of declaration for Emergency Work (Categories A & B) or eighteen (18) months from
the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance
with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of
performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during
which the Sub - Recipient may incur new obligations to carry out the work authorized under" this
Agreement. In accordance with 2 C.F.R. §200.309, the Sub - Recipient may receive reimbursement under
this Agreement only for "allowable costs incurred during the period of performance." In accordance with
section 215.971(1)(d), Florida Statutes, the Sub - Recipient may expend funds authorized by this
Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement.
(9) FUNDING
a. This is a cost - reimbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub - Recipient only for allowable costs incurred by the
Sub- Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement ( "Budget and Project List "). The
maximum reimbursement amount for the entirety of this Agreement is two million, eight hundred fifty -eight
thousand, five hundred and thirty -five dollars and ninety -four cents ($2,858,535.94).
6
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub - Recipient,
which reads as follows: By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729 -3730 and 3801 - 3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub - Recipient in FloridaPA:org.against a performance measure, outlined
in Attachment B, Scope of Work, Deliverables, and Financial Consequences, that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of . each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a "performance goal ", which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Sub - Recipient "relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub- Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ( "Compensation— personal
services ") and 2 C.F.R. §200.431 ( "Compensation— fringe benefits "). If authorized by the Federal.
Awarding Agency, and if the Sub- Recipient seeks reimbursement for overtime expenses for periods when
no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or
other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit.
2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their
employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable
under this Agreement as long as the benefits are reasonable and are required by law, Sub- Recipient-
employee agreement, or an established policy of the Sub - Recipient. 2 C.F.R. §200.431(b) provides that
the cost of fringe benefits in the form of regular compensation paid to employees during periods of
authorized absences from the job, such as for annual leave, family- related leave, sick leave, holidays,
court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the
following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
7
iii. The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non - Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub - Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub -
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub - Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub - Recipient in its regular operations as a result of the Sub - Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub - Recipient.
j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10) RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub - Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub - Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub - Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
8
The right of access also includes timely and reasonable access to the Sub - Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub - Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5) years from the date of
submission of the final expenditure report. The following are the only exceptions to the five (5) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 5 -year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub - Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass - through entity to extend the retention period,
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass- through entity, the 5 -year retention requirement is not applicable to the Sub - Recipient.
v. Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non - Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations .
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a .
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub - Recipient when it determines that
the records possess long -term retention value.
e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub - Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
9
f. As required by 2 C.F.R. §200.303, the Sub - Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub - Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone. is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub - Recipient based upon the funds provided under this Agreement, the meetings of the Sub
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub - Recipient shall maintain all records for the Sub - Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
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and objectives of the Budget and Project List — Attachment A, Scope of Work — Attachment B, and all
other applicable laws and regulations.
(11)AUDITS
a. The Sub - Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub - Recipient shall follow Generally Accepted. Accounting Principles ( "GAAP "). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub - Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ( "GAGAS "). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub - Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub - Recipient of such non-
compliance.
e. The Sub- Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub - Recipient's fiscal year.
f. The Sub - Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub - Recipient, to the Division at the following
address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
g. The Sub - Recipient shall send the Single Audit reporting package and Form SF -SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h. The Sub - Recipient shall send any management letter issued by the auditor to the
Division at the following address:
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DEMSingle Audit @em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(12)REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub - Recipient shall provide the Division with
quarterly reports and a close -out report. These reports shall include the current status and progress by
the Sub - Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
c. The closeout report is due sixty (60) days after termination of this Agreement or sixty
(60) days after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Project List —
Attachment A, and Scope of Work — Attachment B.
e. The Sub - Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub - Recipient shall provide additional reports and information identified in
Attachment G — Public Assistance Program Guidance.
(13)MONITORING.
a. The Sub - Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and /or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment B to this Agreement, and reported in the
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on -site visits by Division staff, limited scope audits, and /or other procedures. The Sub - Recipient
agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub - Recipient is
appropriate, the Sub - Recipient agrees to comply with any additional instructions provided by the Division
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to the Sub - Recipient regarding such audit. The Sub - Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub - Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
a. Unless Sub - Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub - Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub - Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub - Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub - Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub - Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur ( "Events of Default "), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
a. Any warranty or representation made by the Sub - Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b. Material adverse changes occur in the financial condition of the Sub - Recipient at any
time during the term of this Agreement, and the Sub - Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub - Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
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(16)REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub - Recipient and upon the Sub- Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this. Agreement, provided that the Sub - Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub - Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub - Recipient to determine the
reasons for or the extent of non - compliance or lack of performance,
ii. . Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub - Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub - Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub- Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub - Recipient.
(17)TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub - Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub - Recipient with thirty (30) calendar days prior written
notice.
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c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub - Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub - Recipient has received the
notification of termination. The Sub - Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub - Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub - Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub - Recipient for the purpose of
set -off until the exact amount of damages due the Division from the Sub - Recipient is determined.
(18)PROCUREMENT
a. The Sub - Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§ §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non - Federal Entity Contracts Under Federal Awards ").
b. As required by 2 C.F.R. §200.318(b), the Sub - Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(1), the Sub - Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub=
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non - competitive) at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub- Recipient within three (3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -
Recipient. While the Sub- Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub - Recipient remains
15
bound by all applicable laws, regulations, and agreement terms. if during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub - Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub- Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Sub - Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub - Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub - Recipient. While the Sub- Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub - Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub - Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub - Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non - compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Sub - Recipient for any costs associated with that
subcontract.
f. The Sub - Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub - Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
16
g. As required by 2 C.F.R. §200.318(c)(1), the Sub - Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C.F.R. §200.319(a), the Sub - Recipient shall conduct any
procurement under this agreement "in a manner providing full and open competition." Accordingly, the
Sub - Recipient shall not:
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub - Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub - Recipient shall conduct any procurement involving invitations to bid (Le.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
k. The Sub - Recipient shall conduct any procurement involving requests for proposals
(Le. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b),
Florida Statutes.
I. For each subcontract, the Sub - Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub - Recipient shall comply with the requirements of 2 C.F.R. §200.321
( "Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms ").
(19)ATTACHMENTS
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a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A — Budget and Project List
iii. Attachment B — Scope of Work, Deliverables, and Financial Consequences
iv. Attachment C — Certification Regarding Debarment
v. Attachment D — Designation of Authority
vi. Attachment E — Statement of Assurances
vii. Attachment F — Election to Participate in PA Alternative Procedures (PARE')
viii. Attachment G — Public Assistance Program Guidance
ix. Attachment H — FFATA Reporting
x. Attachment 1— Mandatory Contract Provisions
xi. Attachment J — DHS OIG Audit Issues and Acknowledgement
xii. Attachment K — Justification of Advance Payment
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account unless otherwise governed by program specific waiver. If an advance payment is
requested, the budget data on which the request is based and a justification statement shall be submitted
along with this agreement at the time of execution by completing Attachment K — Justification of Advance
Payment. The request will specify the amount of advance payment needed and provide an explanation of
the necessity for and proposed use of these funds. Any advance funds not expended within the first
ninety (90) days of the contract term must be returned to the Division Cashier within (30) days, along with
any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has
been paid prior to the submittal of a request for advanced payment. After the initial advance, if any,
payment shall be made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30)
days after the expiration date of the agreement or completion of applicable Project, whichever occurs first.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to
the Division Grant Manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph
(12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
18
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub - Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this agreement, subject to the
exhaustion of appeals, are due no later than thirty (30) days from notification by the Division of funds due.
FEMA only allows thirty (30) days from deobligation for the funds to be repaid before it will refer the
amount to the FEMA Finance Center (FFC) for collection.
b. The Sub - Recipient understands and agrees that the Recipient may offset funds due
and payable to the Sub - Recipient until the debt to the State is satisfied. In such event, the Recipient will
notify the Sub- Recipient via the entry of notes in FloridaPA,org.
c. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management ", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
d. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub - Recipient shall pay the Division a service fee of $15.D0 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub- Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub - Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub - Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
19
d. The Sub - Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Sub - Recipient which receives funds under this Agreement from the federal
government, certifies, to the best of its knowledge and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five -year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification; and,
iv. Have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
g. If the Sub - Recipient is unable to certify to any of the statements in this certification,
then the Sub - Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub - Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment C) for the Sub - Recipient agency and each
intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must
be received by the Division before the Sub - Recipient enters into a contract with any
subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub -
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
20
provisions of Chapter 119, Florida Statutes, which the Sub - Recipient created or received under this
Agreement.
j. If the Sub - Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount unless otherwise governed by program specific waiver.
k. The State of Florida will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
( "INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub - Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R, §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub - Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub - Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
21
connection with this Federal contract, grant, loan or cooperative agreement, the Sub - Recipient shall
complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
iii. The Sub - Recipient shall require that this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all Sub - Recipients shall certify and disclose
accordingly.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section. 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB - RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub - Recipient has a pre- existing patent or copyright, the Sub - Recipient shall
retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub - Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub - Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub - Recipient to the State
of Florida.
c. Within thirty (30) days of execution of this Agreement, the Sub - Recipient shall
disclose all intellectual properties relating to the performance of this. Agreement which he or she knows or
should know could give rise to a patent or copyright. The Sub - Recipient shall retain all rights and
entitlements to any pre- existing intellectual property which is disclosed. Failure to disclose will indicate
that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all
patents and copyrights which accrue during performance of the Agreement.
d. If the Sub - Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-
22
Recipient shall become the sole property of the Sub - Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub - Recipient, under this Agreement, for Florida
government purposes.
(25)LEGAL AUTHORIZATION.
The Sub - Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub - Recipient to the terms of this Agreement.
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60- 1.4(b), the Sub - Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
23
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
v. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be 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 bylaw.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub- Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub - Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
24
d. The Sub- Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965; with a contractor
debarred from or who has not demonstrated eligibility for Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In .
addition; the Sub - Recipient agrees that if it fails or refuses to comply with these, undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole .
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub - Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub- Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI-KICKBACK ACT
The Sub - Recipient hereby agrees that unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:. •
i: Contractor. The contractor shall comply with 18 U.S.C. § 874;
40 U.S.C. § 3145,: and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by an y
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii: Breach: A breach of the contract clauses above may be grounds
for termination of the contract, and for, debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12:
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub- Recipient; with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40)
hours. Work in excess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of
forty
(40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
25
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub - Recipient, with the funds authorized by. this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251 - 1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
(30)SUSPENSION AND. DEBARMENT
Per 2 C.F.R. 200.213 Suspension and debarment, non - Federal entities are subject to the
non - procurement debarment and suspension regulations implementing Executive Orders 12549 and
12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs or activities.
If the Sub- Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its. principals (defined at 2 C.F.R. §
180:995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. .§ 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to- comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it.is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and /or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI - LOBBYING AMENDMENT
If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti- Lobbying Amendment, 31 U.S.C. §1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall file
•
.26:.
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a.member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Sub - Recipient, with the funds authorized by this Agreement, seeks to procure .
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii:. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises; ..
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor; if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i, through v. of this subparagraph.
b. The requirement outlined in subparagraph a.. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above:
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub-Recipient must take; the requirements do not preclude the Sub- Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises:
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub- Recipient to break a single project down into
27
smaller components in order to circumvent the micro - purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting ").
(33)ASSURANCES.
The Sub - Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
28
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB - RECIPIENT: MON OE COUNTY .
(SEAL)
By:
A CL ERK
_
a�rn fi
Name and title: 06, "/ I c 1 N i /
Map' ✓ DEPUTY CLERIC
Date: MAv .L1 2, Z.o►g
FEID# 59- 6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By
N me a Title: Wesley. Maul Director
kj AS on wL.�4k {r ,
Date:..
MONROE COUNTY ATTORNEY
• APP. O - D - AS Te FORM:
C 1• STINELIMBERT- BARROWS
ASSISTANT COUSITY TTORNEY
DATE: .
29
EXHIBIT —1
THE FOLLOWING FEDERAL. RESOURCES ARE AWARDED TO THE SUB - RECIPIENT UNDER THIS
AGREEMENT:
Federal. Program
Federal agency: Federal Emergency Management Agency: Public Assistance Program
Catalog of Federal Domestic Assistance: 97.036
Amount of Federal Funding: $ 2,858,535.94
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• . ' 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, 'and Audit Requirements
' for Federal Awards
• 44 C.F.R. Part 206
• The Robert T. Stafford Disaster Relief and Emergency Assistance. Act, Public Law 93 -288, as
amended, 42 U.S.C. 5121 et seq. and Related Authorities
• FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or
after April 1, 2017)
Federal Program:
1. Sub- Recipient is to use funding to perform eligible activities in accordance with the. Public
Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is
classified into the following categories:
Emergency Work
Category A: Debris Removal
Category B: Emergency Protective Measures
Permanent Work
Category C: Roads. and Bridges .
Category D: Water Control Facilities
Category E: Public. Buildings and Contents
Category . F: Public Utilities
Category G: Parks, Recreational, and other Facilities
2: Sub- Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement
NOTE Section 200.331(a)(1) of 2 CFR, as revised and Section 21597(5)(a), :Florida Statutes, require
that the information about. Federal Programs and State Projects included on pg:.1 of this subgrant
agreement and in Exhibit 1 be provided to the Sub - Recipient.
30
Attachment A
.Budget and Project List
Budget:
The Budget of this. Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that
the Federal Emergency Management Administration (FEMA) has obligated for a Sub - Recipient at the
time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this
Agreement. The PW(s) that have been obligated are:
DR -4337 Sub- Recipient: MONROE COUNTY I .
PW Cat Project Title Estimated Fed Federal State Local Total Funding
# Total % Share Share Share
22(0) 1 B Force Account $2,667,613.65 100% $Z667613.65 0 0 $2,667,613.65
Labor first 30
days
39(0) B Fire Rescue $106,465.29 100% $106,465.29 0 0 $106,465.29
Medical •
Supplies
41(0) 8 Temporary $60,949.50 100% $60,949.50 0 0 $60,949.50
Sanitary
Facilities
Rentals for 100 1
48(0) B Temporary $23,507.50 100% $23,507.50 0 0 $23,507.50
fence
1
i I i
I
- DR -4337 Total $2,858,535.94
31
Attachment B
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of. Work
Complete eligible Projects for emergency protective measures, debris removal, repair or replacement of
Disaster damaged facilities.
When FEMA has obligated funding for a.Sub- Recipient's PW, the Division notifies the Sub-Recipient with
a copy of the PW (or P2 Report). A Sub- Recipient may receive more than one PW and each will contain
a separate Project Attachment A, Budget and Project List of this Agreement will be modified as
necessary, to incorporate new or revised PWs. For the purpose of this Agreement, each Project will
be monitored, completed and reimbursed independently of the other Projects which are made part
of this Agreement.
Deliverables
Large Projects
Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large
Project costs shall be based on the percentage of completion of the individual Project. Any request for
reimbursement shall provide adequate, well organized and complete source documentation to support all
costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA..
Requests which do not conform will be returned to the Sub - Recipient prior to acceptance for payment:
Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon:
• Timely submission of Quarterly Reports (due 30 days after end of each quarter).
• Timely submission of invoices (Requests for Reimbursement) at least quarterly and supported by
documentation for all costs of the project or. services: The final invoice shall be submitted within
si xty (60) days after the expiration of the agreement or completion of the project, whichever
occurs first: An explanation of any circumstances prohibiting the submittal of quarterly invoices
shall be submitted to the Division Grant Manager as part of the Sub - Recipient's quarterly .
reporting as referenced in Paragraph 7 of this agreement.
• Timely submission of Request for Final Inspection (within ninety (90) days of project completion -
for each project).
• Sub- Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms G702
and G703, as required below.
o A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's
project personnel with each reimbursement request attesting to the following: the
percentage of completion of the work that the reimbursement request represents, that
disbursements or payments were made in accordance with all of the Agreement and
regulatory conditions, and that reimbursement is due and has not been previously
requested.
o B. AIA Forms G702 and G703. For construction projects where an architectural;
engineering or construction management firm provides construction administration
services, the Recipient shall provide a copy of the American Institute of Architects (AIA)
form G702, Application and Certification for Payment, or a comparable form approved by
the Division, signed by the contractor and inspection/certifying architect or engineer, and
a copy of form G703, Continuation. Sheet, or a comparable form approved by the
Division.
32
Five percent (5 %) of the total eligible amount (including Federal, state and local shares) will be withheld
from payment until the final Request for Reimbursement (or backup for advance expenditure) has been
verified as acceptable by the Division's grant manager, which must include dated certification that the
Project is 100% complete. Further, all required documentation must be available in FloridaPA.org prior to
release of final 5 %, to include permits, policies & procedures, procurement and insurance documents.
Small Projects
Small projects will be paid upon obligation of the Project Worksheet. Sub - Recipient must initiate the
Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than
the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA.org,
selecting the Sub- Recipient's account, then selecting 'Create New Request', and selecting 'New Small
Project Completion /Closeout'. Complete the form and 'Save'. The final action is to Advance the form to
the next queue for review.
Financial Consequences:
For any Project (PW) that the Sub - Recipient fails to complete in compliance with Federal, state and local
requirements, the Division shall withhold a portion of the funding up to the full amount. Any funds
advanced to the Sub - Recipient will be due back to the Division.
•
•
•
33
Attachment C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient Monroe County , certifies, by submission of
this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Sub-recipient s subcontractor is unable to certify to the above statement the prospective
contract shall attach an explanation to this form:
CONTRACTOR
Monroe County
By Monroe County
S' ature Sub-Recipient Name
ecipi time
David Rice, Mayor Z0002
Name and Title DEM Contract Number
1100 Simonton Street
Street Address
FEMA Project Number
Key West, Florida 33040
City, State, Zip
March 19, 2018
Date ..
i
34
Attachment D
•
DESIGNATION OF AUTHORITY
The Designation of Authority Form is submitted with each new disaster or emergency declaration to .
provide the authority for the Sub - Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org
system in order to enter notes, review notes and documents, and submit the documentation necessary to
work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA
Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate
contact should review the agency contacts at least quarterly. The Authorized Representative can request :.
a change in contacts via email to the state team;_ a note should be entered in FloridaPA.org if the list is
correct. Contacts should be removed as soon as they separate retire, or are reassigned by the Agency. A
new form will only be needed if all authorized representatives have separated from your agency. Note that
if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not
included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the
system, not supplemented: All users must log in on a monthly basis to keep their accounts from becoming
locked.
•
Instructions for. Completion
Complete the form in its entirety, listing the name and information for all representatives who will be working
in the FloridaPA.org Grant Management System.: Users will be notified via email when they have been
granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their
account will lock them out. Each user must log in within a 60 -day time period or their account will lock them
out In the event you try to log in and your account is locked, submit a ticket using the Access Request link
on the home page.
The form is divided into twelve blocks; each block must be completed where appropriate.
Block 1:. "Authorized Agent" - This should be the highest authority in your organization who is authorized
to sign legal documents on behalf of your organization: (Only one Authorized Agent is allowed and this
person will have full access /authority unless otherwise requested).
Block 2: "Primary Agent — This is the person designated by your organization to receive all
correspondence and is our main point of contact. This contact will be responsible for answering questions,
uploading documents, and submitting reports /requests in _FloridaPA.org: The Primary Agent is usually not
the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities.
(Only one Primary Agent is allowed and this contact will have full access):
Block 3: "Alternate Agent" — This is the person designated by your organization to be available when the
Primary is not (Only. one Alternate Agent is allowed and this contact will have full access).
Block 4, 5, and 6: "Other' (Finance/Point of Contact, Risk Management - Insurance, and Environmental-
Historic). Providing these contacts is essential in the coordination and communication required between
state and local subject matter experts: We understand that the same agent may be identified in multiple
blocks, however we ask that you enter the name and information again to ensure we are communicating
with the correct individuals.
Block 7 — 12: "Other". (Read Only Access) - There is no limit on "Other' contacts but we ask that this be
restricted to those that are going to actually need to log in and have a role in reviewing the information.
This designation is only for situational awareness purposes as individuals with the "Other Read -Only'
designation cannot take any action in FloridaPA.org.
•
•
35
DESIGNATION OF AUTHORI'fY.(AGENTS) .
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
. FLORIDA DIVISION OF EMERGENCY MANAGEMENT ..
Sub- Grantee:
• Box 1: • Authorized Agent (Full Access) • • _ Box 2: . • Primary Agent (Full Access)
Agent's Name • Agent's Name
Signature • Signature ..
Organization /Official Position - _ Organization/ Official Position
•
Mailing Address Mailing Address • • .
' . • City, State, ZiP. - City, State, Zip
Daytime Telephone • Daytime Telephone
E =mail Address. E -maii Address
Box 3: Alternate' Agent (Full Access) Box 4: Other- Finance/Point.of Contact (Full Access)
Agent's Name .. • . • Official's Narne -
Signature ... Signature
Organization / Official Position Organization / Official Position'
Mailing Address = Mailing Address - •
City, State, Zip P City, State, Zip • - •
Daytime Telephone - • Daytime Telephone
E -mail Address Add
E-mail E-� Address
Box 5: Other - Risk Mgmt Insurance (Full Access) Box.b: Other - Environmental- Historic (Full Access)
Agent's Name Agent's Name
Signature Signature
Organization / Official Position - Organization / Official Position .
Mailing Address .
Mailing Address
•
City, State, Zip City, State, Zip.
Daytime Telephone Daytime Telephone
E -mail Address . • L• -maii Address
The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the'Sub- grantee for the
purpose of obtaining certain Grantee and Federal financial assistance under the Robert T: Stafford Disaster Relief & Emergency Assistance Act, (Public Law
93 -288 as amended) or otherwise available.. These agents are authorized to represent and act for the Sub - Grantee in all dealings with the State of Florida;.
- Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub- grantee: Additional contacts may be
placed on page 2 of this document for read only access by the above Authorized Agents.
•
Sub- Grantee Authorized Agent Signature
Date .
•
36
DESIGNATION OF AUTHORITY (AGENTS)
FEMA /GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Sub - Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization / Official Position Organization / Official Position
•
Mailing Address Mailing Address
City, State, Zip • City, State, Zip
Daytime Telephone Daytime Telephone
E -mail Address E -mail Address
•
•
Box 9: Other (Read Only Access) Box 10: Other (Read Only Access)
Agent's Name Official's Name
Signature. Signature
Organization / Official Position Organization / Official Position
Mailing Address Mailing Address
City, State, Zip City, State, Zip
Daytime Telephone Daytime Telephone
• E -mail Address E -mail Address
Box 11: • Other (Read Only Access) Box 12: Other (Read Only Access)
Agent's Name Agent's Name .
Signature Signature
Organization / Official Position Organization / Official Position
Mailing Address Mailing Address
•
City, State, Zip City, State, Zip
Daytime Telephone. Daytime Telephone
E -mail Address E -mail Address
Sub- Grantee's Fiscal Year (FY) Start: Month: Day:
• Sub - Grantee's Federal Employer's Identification Number (EIN) . -
Sub - Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management
Sub- Grantee's: FIPS Number (If Known) • - -
•
NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity
throughout staff turnover. Updates may be. made by email to the state team assigned to your account. A new form will only be needed if all
authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have
been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not
supplement, the contacts on the previous list.
REV. 09 -09 -2017 DISCARD PREVIOUS VERSIONS
•
37
Attachment E
STATEMENT OF ASSURANCES
1) The Sub- Recipient hereby certifies compliance with all Federal statutes, regulations, policies;
guidelines, and requirements, including but not limited to OMB Circulars No A-21, A-87, A =110, A
122, and A -128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards; 2 C:F:R: Part 200; that govern the application, acceptance and
use of Federal funds for this Federally - assisted project.
2) Additionally, to the extent the following provisions apply to this Agreement the Sub - Recipient
assures and certifies that
a. It possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action has been duly adopted
or passed as an official act of the Sub= Recipient's governing body, authorizing the filing
of the application; including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the Sub-
Recipient to act in connection with the application and to provide such additional
information as may be required:..
b: To the best of its knowledge and belief the disaster relief work described on each •
Federal Emergency Management Agency (FEMA) Project Application . for which
Federal Financial assistance is requested is eligible in accordance with the criteria
contained in 44 C:F:R. § 206; and applicable FEMA policy documents.
c: The emergency or disaster relief work therein described for which. Federal Assistance
is requested_ hereunder does :not; or will not duplicate benefits:available for the same
doss from another source.
3). The Sub- Recipient further assures it will
a. Have sufficient funds available to meet the non- Federal share of the cost for
construction projects. Sufficient funds will be available when_ construction is completed
to assure effective operation and . maintenance of the facility for the purpose
constructed, and if not it will request a waiver from the Governor to cover the cost.
b. Refrain. from entering into a construction contract(s) for the project or undertake other
activities until:the conditions of the grant.program(s) have been met, all contracts: meet
Federal; State, and local regulations.
c. Provide and .maintain competent and adequate architectural engineering supervision ..
and inspection at the construction site to ensure that the completed work conforms to
the approved plans and specifications, and Will furnish progress reports and such other
information as the: Federal grantor agency may need,
d. Cause work on the project to be commenced within a reasonable time after receipt of .
notification from the approving Federal agency that funds have been approved and will
see that work on the project will be done to completion with reasonable diligence.
e.. Not dispose of. orr encumber its title or other interests in the site and facilities during the
period of Federal interest or while: the Government holds bonds whichever is longer:
f. Provide without cost to the United- States and the Grantee/Recipient all lands, .
easements and rights -of way _ necessary for accomplishment of the approved work and
will also hold andsave the United States and the Grantee /Recipient free from damages
due to the approved work or Federal funding:
g. Establish safeguards to prohibit employees from using their po for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
38
themselves or others, particularly those with whom they have family, business, or other
ties:
h. Assist the Federal grantor agency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended, Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 by:
i. consulting with the State Historic :Preservation Officer on the conduct of
investigations, as necessary, to identify properties. listed in or eligible for
inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 C.F.R. . Part 800.8) by the,activity, and notifying the Federal
grantor agency of the existence of any such properties; and
ii. by complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
is Give the sponsoring agency or the Comptroller . General, through any authorized
representative, access to and the right to examine all records, books, papers, or
documents related to the grant.
j.. With respect to demolition activities:
i. create and make available documentation sufficient to demonstrate that the
Sub- Recipient and its demolition contractor have sufficient manpower and
equipment to comply with the obligations as outlined in this Agreement
ii, return the property to its natural state as though no improvements had been
contained thereon;
iii. furnish documentation of all qualified personnel, licenses, and all equipment
necessary to inspect buildings located in Sub - Recipients jurisdiction to detect
the presence of asbestos and lead in accordance with requirements of the U.S.
Environmental Protection Agency; the Florida Department of Environmental
Protection, and the appropriate County Health Department
iv. provide documentation of the inspection results for each structure to indicate .
safety hazards present, health hazards present, and /or hazardous materials
present;
v. provide supervision over contractors or employees employed by the Sub-
Recipient to remove asbestos and lead from demolished or otherwise
applicable structures;
vi. leave the demolished site clean, level, and free of debris;
vii. notify the Grantee/Recipient promptly of any unusual existing condition which
hampers the contractors work;
viii. obtain all required permits;
ix: provide addresses and marked maps for each site where water wells and
septic tanks are to be closed, along with the number of wells and septic tanks
located on each site and provide documentation of such. closures; ..
X. comply with mandatory standards and policies relating" to energy efficiency
which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act;
xi. applicable orders, or requirements issued under
i. comply with al le standards, 112 and 306 of the Clean Air Act, Section 508 of the Clean. Water Act,
Executive Order .11738, and the U.S. Environmental Protection Agency
regulations: (This clause must be added to any subcontracts); and
xii. provide documentation of public notices for demolition activities.
39 .
k. Require facilities to be designed to comply with the "American Standard Specifications
for Making Buildings and. Facilities Accessible to and. Usable by the Physically
Handicapped," Number A117.1 -1961, as modified. The Sub-Recipient will be
responsible for conducting inspections to ensure compliance with these specifications
by the contractor. •
I. Provide an Equal Employment Opportunity Program, if require d to maintain one where
the application is for $500,000 °— °'ormore:
M. Return overpaid funds .within. the. forty -five (45) day requirement, and if unable to pay
within the required time period, begin working with the Grantee /Recipient in good faith
to agree upon a repayment date:
n. In the event a Federal or State court_or Federal Or State administrative agency makes
a finding of discrimination after a due process hearing on the Grounds of race, color,
religion national origin, sex, or disability against a recipient of funds, forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
• 4) The Sub-Recipient agrees it will comply the:
a Requirements of all provisions of the : Uniform Relocation Assistance and Real
Property Acquisitions Act of 1976 . which provides for fair and equitable treatment of
persons displaced as a result of Federal and Federally - assisted programs:
b: Provisions of Federal law found at 5 U.S•C. § 1501., et seq. which limit certain political
activities of employees of a State Or Iota! unit of government whose principal
employment is in connection with an activity financed in whole or in part by Federal, .
grants.
c. Provisions of 18 U.S.C• §§ 594, 598, 600 -605 relating to elections, relief
appropriations, and employment, . contributions, and: solicitations:
d: Minimum wage and maximum hour's provisions of the. Federal Fair Labor Standards
Act.
e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and
laborers .(including watchmen and guards) employed on Federally assisted contracts .:
be paid wages of not less than one and one -half times their basic wage rates for all
hours worked in excess of forty hours in a work week:
f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least . .
the minimum prescribed wage, and also that they be paid one and one -half times their
basic wage rates for all hours worked in excess of the prescribed work -week:
: g. Anti- Kickback Act of 1986, which outlaws and prescribes penalties for "kick- backs" of
wages in Federally financed or assisted construction ac tivities. •
h: Requirements .im osed b � the Federal . Sponsoring a enc concerning s p ecial :.
q A Y n
P. g 9 Y g P..
requirements of law, program requirements; and other administrative requirements: It .
further agrees to ensure that the facilities under its ownership, lease or supervision
which are utilized in the accomplishment . of the project are not listed on the
Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify
the Federal grantor agency of the receipt of any communication from the Director of
the EPA Office of Federal. Activities indicating that a facility ' to be used in the project is
under consideration for listing by the EPA.
i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, which requires that on and after March 2 1975, the purchase
of flood insurance in communities where such insurance is available, as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase
40
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct
or indirect Federal assistance.
j. Insurance requirements of Section 314, PL 93 -288, to obtain and maintain any other
insurance as may be reasonable, adequate, and necessary to protect against further
loss to any property which was replaced, restored, repaired, or constructed with this
assistance. Note that FEMA provides a mechanism to modify this insurance
requirement by filing a request for an insurance commissioner certification (ICC). The
state's insurance commissioner cannot waive Federal insurance requirements but may
certify the types and extent of insurance reasonable to protect against future loss to an
insurable facility.
k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provisions of the current edition of the Office
of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all
other applicable Federal laws, orders, circulars, or reguiations, and assure the
compliance of all its Sub - Recipients and contractors.
I. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part
18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review
of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to
Federal Assistance Programs.
m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint .
in construction of rehabilitation or residential structures.
n. Energy Policy and Conservation Act and the provisions of the State Energy
Conservation Plan adopted pursuant thereto.
o. Non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with
Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations; and
Department of Justice regulations on disability discrimination, and assure the
compliance of all its Sub - Recipients and contractors.
p. Provisions of Section 311, P.L. 93 -288, and with the Civil Rights Act of 1964 (P.L. 83-
352) which, in Title VI of the Act, provides that no person in the United States of
America, Grantees /Recipients shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Sub - Recipient receives
Federal financial assistance and will immediately take any measures necessary to
effectuate this agreement. If any real property or structure is provided or improved with
the aid of Federal financial assistance extended to the Sub - Recipient, this assurance
shall obligate the Sub- Recipient or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits.
q. Provisions of Title IX of the Education Amendments of 1972, as amended which
prohibits discrimination on the basis of gender.
41
r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism.
s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended,
relating to confidentiality of alcohol and drug abuse patient records.
t. Provisions of all appropriate environmental laws, including but not limited to:
i. The Clean Air Act of 1955, as amended;
ii. The Clean Water Act of 1977, as amended;
iii. The Endangered Species Act of 1973;
iv. The Intergovernmental Personnel Act of 1970;
v. Environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969;
vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or
potential . components of the national wild and scenic rivers system;
vii. The Fish and Wildlife Coordination Act of 1958;
viii. Environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, regarding the protection of underground water
sources;
ix. The provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated
October 19, 1982 which prohibits the expenditure of newest Federal funds
within the units of the Coastal Barrier Resources System.
u. The provisions of all Executive Orders including but not limited to:
i. Executive Order 11246 as amended by Executive Orders 11375 and 12086,
and the regulations issued pursuant thereto, which provide that no person shall
be discriminated against on the basis . of race, color, religion, sex or national
origin in all phases of employment during the performance of Federal or
Federally assisted construction contracts; affirmative action to insure fair
treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff /termination, rates of pay or other forms of
compensation; and election for training and apprenticeship.
ii. EO 11514 (NEPA).
EO 11738 (violating facilities).
iv. EO 11988 (Floodplain Management).
v. EO 11990 (Wetlands).
vi. EO 12898 (Environmental Justice).
5) For Grantees /Recipients other than individuals, the provisions of the DRUG -FREE WORKPLACE
as required by the Drug -Free Workplace Act of 1988.
42
This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans,
reimbursements, advances, contracts, property, discounts and /or other Federal financial assistance
extended to the Sub - Recipient by FEMA. The Sub- Recipient understands that such Federal Financial
assistance will be extended in reliance on the representations and agreements made in this Assurance and
that both the United States and the Grantee /Recipient have the joint and several right to seek judicial
enforcement of this assurance. This assurance is binding on the Sub- Recipient, its successors, transferees,
and assignees
FOR THE SUBGRANTEE!SUB- RECIPIENT
• -11111 411r.....74p
Signature
Tina Boan, Sr. Director Budget & Finance 03/05/2018
Printed Name and Title Date
43
Attachment F
Election of Participation in
Public Assistance Alternative Procedures (PAAP) Pilot Program
Should the Sub - Recipient desire to utilize the Public Assistance. Alternative Procedures provisions of the
Sandy Recovery Improvement Act .(Division B of P.L. 113 -2), execution of a Supplemen tal Funding
Agreement covering specific aspects of the Alternative Procedures Package is required of the -
Recipient prior to the payment of such funds by the State as the Recipient.
Payments processed under the Alternative Procedures provisions will be requested as an advance and
are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will
however, be treated as an advance for purposes of Requests for Reimbursement (RFRs) and satisfaction
of the requirement that ninety percent (90 %) of previously advanced funds must be accounted for prior to
receiving a second advance.
In order to elect to participate in the PAAP program for one of the following options, you must read the
Guidance found at httos: / /www.fema:gov /alternative = procedures and then complete the required
documents on the following pages. The documents can be found under the Permanent Work section of
the Webpage in editable :pdf format if preferred:
PAAP for Debris Removal (Category A) Required Documents:
• Public Assistance for Alternative Procedures Pilot Program for Debris Removal
Acknowledgement
https://www.fema.gov/media-library-data/1504811965699- .
24dfda9ae3e22d450582563bdb62e0f1 /APPENDIX A Revised for .limited sliding scale 8-23 -
17.pdf
PAAP for Permanent Work (Categories C -G) Required documents:
• Fixed Subgrant Agreement Letter
https://www.fema:gov/media-librarv-data/1388154577585-
398aea786c6aedbd048c371270fd7b22/508 PA Alternative Procedures Pilot Program Perman
ent Work Fixed . Subqrant Agreement Letter %2012- 13- 13.pdf
• Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement
httos://www.fema.gov/media-library-data/1388155802544-
11629c78f8308b5c4120deb135460129/PA Alternative Procedures Pilot. Program Permanent
Work Acknowledgement %2012- 13- 13.pdf
All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures; FAQs, Archived
Docs, etc.) may be found at: https: / /www.fema.pov/ media - library /assets /documents /115868
Note: PAAP Pilot Program Guide for Debris Removal (Version 5) published June 28, 2017 contains the
following changes:
The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for
one year to June 27, 2018. As part of the extension, FEMA will only authorize the sliding scale provision
in events with significant debris impacts. The other three provisions available under the Pilot remain
unchanged.
For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot's sliding scale
provision to high impact incidents that meet the following criteria: high concentration of localized damage;
44
large quantities of debris (over $20M or 1.5 million.cubic yards); and disasters declared very soon after
the incident (8 days) to incentivize rapid debris removal.
This guide is applicable to disasters declared on or after June 28, 2017. The changes to the sliding scale
provision are applicable to disasters declared on or after August 28, 2017. This version of the pilot
guide supersedes the previous pilot guide for debris removal (V4) which was published June 28, 2016.
•
•
45
Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency
Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA)
Program through a pilot program.
As a representative of the subrecipient, we elect to participate in the following:
❑ Accelerated Debris Removal . increased Federal cost share (sliding scale)
x Recycling Revenue (subrecipient retention of income from debris recycling without a award offset)
x One -time incentive for a FEMA- accepted debris management plan and identification of at least one
pre - qualified contractor
x Reimbursement of straight time force account labor costs for debris removal
1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its
debris removal subawards.
2. For the sliding scale, the subrecipient accepts responsibility for any costs related to debris operations
after six months from the date of the incident unless, based on extenuating circumstances, FEMA
grants a time extension.
3. The subrecipient acknowledges that FEMA may request joint quantity evaluations and details
regarding subrecipient operations necessary to assess the pilot program procedures.
4. All contracts must comply with local, state, and Federal requirements for procurement, including
provisions of 2 CFR Part 200.
5. The subrecipient must comply with all Federal, state and local environmental and historic
preservation laws, regulations, and ordinances.
6. The Office of Inspector General may audit any subrecipient and /or subaward.
03/05/2018
Signatur of Subrecipient's Authorized Representative Date
Tina Boan. Sr. Director Budget & Finance
Printed Name and Title
Monroe County
Sub - Recipient Name PA ID Number
o We elect to not participate in the Alternative Procedures for Debris Removal.
46
FIXED SUBGRANT AGREEMENT LETTER
DATE:
To Address:
To FEMA:
As a Public Assistance (PA) Sub - Recipient
(PA ID ), in accordance with Section 428 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, we agree to accept a permanent work subgrant based on a fixed
estimate in the amount of $ for subgrant number (copy attached)
under Disaster # . We accept responsibility for all costs above the fixed estimate.
We understand that by participating in this pilot program we will be reimbursed for allowable costs in
accordance with 44 CFR § 13.22(b) — "Applicable cost principles ", the reimbursement will not exceed the
fixed estimate. We also understand that by agreeing to this fixed estimate, we will not receive additional
funding related to the facilities or sites included in the subgrant. We also acknowledge that failure to
comply with the requirements of applicable laws and regulations governing assistance provided by FEMA
and the PA alternative procedures pilot program guidance (such as procurement and contracting;
environmental and historic preservation compliance; and audit and financial accountability) may lead to
loss of Federal funding.
Signature of Sub- Recipient's Authorized Representative Date
Printed Name and Title
Signature of Grantee's Authorized Representative Date
Printed Name and Title
47
Public Assistance Alternative Procedures Pilot Program for Permanent Work
Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013, the Federal. Emergency Management
Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a
pilot. program. As a representative of the Sub - Recipient, our agency understands the following:
1. We plan to participate .in the following elements:
Subgrants based on fixed estimates, and as the Sub-Recipient, accept responsibility for costs
above the estimate
❑ Consolidation of multiple fixed subgrants into a single subgrant
❑. FEMA validation of Sub- Recipient- provided estimates
O Elimination of reduced eligible funding for alternate projects
❑ Use of excess funds
O Review of estimates by an expert panel for projects with a Federal share of $5 million or greater
2. The pilot is voluntary, and a Sub- Recipient may participate in alternative procedures for one or more
barge project subgrants.'
3. If the Sub-Recipient accepts a fixed subgrant estimate, the Sub- Recipient understands they are
responsible for all costs greater than the fixed amount.
4. The Sub-Recipient agrees to notify the Grantee regarding the specific use of excess funds.
5. Ali contracts must comply with local, State, and Federal requirements for procurement, including
provisions of 44 CFR Part 13.
6. The Office of Inspector General may audit any Sub - Recipient and /or subgrant:
7. EHP review must be completed for all subgrants, including cases where new scopes of work would
require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this
requirement may lead to loss of Federal funding.
8. The Sub - Recipient may submit appeals in accordance with 44 §206.206. However, FEMA will not
consider appeals solely for additional costs on fixed subgrants.
Signature of Sub- Recipient's Authorized Representative Date
Printed Name and Title
Sub- Recipient Name PA ID Number
0 We elect to not participate in the Alternative Procedures for Permanent Work.
48
Attachment G
PUBLIC ASSISTANCE PROGRAM GUIDANCE
GRANTEE'S /RECIPIENT'S WEB -BASED PROJECT MANAGEMENT SYSTEM ( FloridaPA.orq)
Sub - Recipient s must use the Grantee's/Recipient's web -based project management system,
FloridaPA.org, (available at www.FloridaPA.org) to access and exchange project information with the State
throughout the project's life. This includes processing advances, reimbursement requests, quarterly reports,
final inspection schedules, change requests, time extensions, and other services as identified in the
Agreement Training on this system will be supplied by the Recipient upon request by the Sub - Recipient.
The Sub - Recipient is required to have working knowledge of the FloridaPA.org system.
PROJECT DOCUMENTATION
The Sub - Recipient must maintain all source documentation supporting the project costs. To .facilitate
closeout and audits, the Applicant should file all documentation pertaining to each project with the
corresponding PW as the permanent record of the project. In order to validate Large Project Requests
for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website.
Contact the grant manager with questions about how and where to upload documents, and for assistance
linking common documents that apply to more than one (1) PW.
The Sub- Recipient must retain sufficient records to show its compliance with the terms of this Agreement,
including documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives under this Agreement and all other applicable laws and regulations, for a
period of five (5) years from the date of the Sub - Recipient account closeout by FEMA.
The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period
expires, and extends beyond the five (5) year period. The records must then be retained until all litigation,
claims, or audit findings involving the records have been resolved.
Records for the disposition of non - expendable personal property valued at $5,000 or more at the time it
is acquired must be retained for five (5) years after final account closeout.
Records relating to the acquisition of real property must be retained for five (5) years after final account
closeout.
INTERIM INSPECTIONS
Interim Inspections may be requested by the Sub - Recipient, on both small and large projects, to:
i. conduct insurance reconciliations;
•
ii. review an alternate scope of work;
iii. review an improved scope of work; and/or
iv. validate scope of work and /or cost.
Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under
the following conditions:
i. a quarterly report has not been updated between quarters;
ii. the Sub - Recipient is not submitting Requests for Reimbursement (RFR's) in a
timely manner;
49
requests for a Time Extension have been made that exceed the Grantee's/
Recipient's authoriti to approve and/or
iv. there are issues or concerns identified by the Recipient that may impact funding .
under this agreement.
PROJECT RECONCILIATION AND. CLOSEOUT
The purpose of closeout is for the Sub-Reci ient to certify that all, work has been completed:. To ensure a •
p
timely closeout process, the Sub - Recipient should notify the Recipient within sixty (60) days Of Project .
completion:
The Sub - Recipient should include the following information with its closeout request:
• Certification that project is complete;
• Date of project completion; and
• Copies of any Recipient time extensions:
Large Projects
With exception of. Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final
costs exceed FEMA's original approval, the final eligible amount for Large Project is the actual
documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that
FEMA obligated based on an estimated amount ;: the Sub- Recipient should provide the documentation to
support the actual costs. If the actual costs significantly differ .from the estimated amount, the Sub-
Recipient should provide an explanation for the significant difference.
FEMA reviews the documentation and, if necessary, obligates additional. funds or reduces funding based
on actual costs to complete the eligible SOW. If the project included approved hazard mitigation
measures; FEMA does not re- evaluate the cost- effectiveness of the HMP based on the final actual cost If
during the review, FEMA determines that the Sub - Recipient performed work that Was not included in the
approved SOW, FEMA will designate the project as an Improved Project; cap the funding at the original
estimated amount, and review the additional SOW for EHP compliance:
For Fixed Cost Estimate Subawards, the Applicant must provide documentation_ to support that it used the
funds in accordance -with the eligibility criteria described in the. PAPPG Chapter 2:V11.Gand guidance
provided at http : / /www.fema.gov /alternative- procedures.
Once FE MA completes the necessary review and funding adjustments, FEMA closes the project:
Small Projects
Once FEMA obligates a Small Project, FEMA does.not adjust the approved amount of an individual Small
Project This applies even when FEMA obligates the PW based on an estimate and actual costs for
completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount
on individual Small Projectsiif one of the following conditions applies:
• The Sub- Recipient did not complete the approved SOW;
• The Sub- Recipient requests additional funds related to an eligible change in SOW;
• : The PW contains inadvertent errors or omissions; or
• Actual insurance proceeds differ from the amount deducted in the PW:
In these cases, FEMA only adjusts the specific cost items affected.
If none of the above applies, the Sub - Recipient may request additional funding if the total actual cost of all
of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this
case, the Sub - Recipient must request the additional funding through the appeal process, described in the
50
PAPPG Chapter 3:IV.D, within sixty (60) days of completion of its last Small Project. FEMA refers to this
as a net small project overrun appeal. The appeal must include actual cost documentation for all Small
Projects that FEMA originally funded based on estimate amounts.
To ensure that all work has been performed within the scope of work specified on the Project
Worksheets, the Recipient will conduct final inspections on Large Projects, and may at its sole discretion,
select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope
of work and /or outside of the approved performance period cannot be reimbursed.
TIME EXTENSIONS
FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The
deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is
18 months from the declaration date.
Type of Work Months
Emergency Work 6
Permanent Work 18
If the Applicant determines it needs additional time to complete the project, including direct administrative
tasks related to the project, it must submit a written request for a time extension to the Recipient with the
following information:
• Documentation substantiating delays beyond its control;
• A detailed justification for the delay;
• Status of the work; and
• The project timeline with the projected completion date
The State (FDEM) has the authority to grant limited time extensions based on extenuating circumstances
or unusual project requirements beyond the control of the Sub - Recipient.
It may extend Emergency Work projects by 6 months and. Permanent Work projects by 30 months:
FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating
circumstances justify additional time This applies to all projects with the exception of those funded under
the PAAP Accelerated Debris Removal procedure and projects for temporary facilities.
With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of
the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating
circumstances beyond the Applicant's control:
• Permitting or EHP compliance related delays due to other agencies involved
• Environmental limitations (such as short construction window)
• Inclement weather (site access prohibited or adverse impact on construction)
FEMA generally considers the following to be circumstances within the control of the Applicant and not
justifiable for a time extension:
• Permitting or environmental delays due to Applicant delays in requesting permits
• Lack of funding
• Change in administration or cost accounting system
• Compilation of cost documentation
Although FEMA only provides PA funding for work performed on or before the approved deadline, the
Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for
any project that the Applicant does not complete. If the Applicant completes a portion of the approved
51
SOW and the completed work is distinct from the:uncompleted work, FEMA only deobligates funding for
the uncompleted work. For example, if one project includes funds for three facilities and the Applicant .
restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the
Applicant did not restore.
Request should be submitted prior to current approved deadline, be specific to one project and include •
the following information with supporting documentation:
• Dates and provisions of all previous time extensions
• Construction timeline / project schedule in support of requested time
• • _ Basis for time extension request:
o Delay in obtaining permits
• . Permitting agencies involved and application dates
o Environmental delays or limitations (e.g., short construction window, nesting seasons)
• Dates of correspondence with various agencies
• Specific. details
- • . Inclement weather. (prolonged severe weather conditions prohibited access to the area, or
adversely impacted construction). •
o Specific details
• Other reason for delay
o Specific details
Submission of.a request does not automatically grant an extension to the period of performance. Without
an approved time extension from the State of FEMA (as applicable) any expenses incurred outside the
P.O.P. are ineligible.
INSURANCE
The Sub- Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA
is intended to supplement not replace, financial assistance from insurance coverage and/or other sources.
Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance
grants in order to avoid a duplication of benefits. The Sub - Recipient: further understands and agrees that If
Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance
and /or other sources of funding, FEMA must deobligate the funds per Staff ord Act Sections 101 (b)(4) and
312 (c):
As . a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252 -253, for damaged
facilities, the Sub- Recipient understands it must, and it agrees to maintain such types of insurance as are
reasonable and necessary to protect against future loss for the anticipated life of the:restorative work or the .
insured facility, whichever is lesser. Except:. that. the Recipient acknowledges FEMA does not require
insurance to be obtained and maintained for projects where the total eligible damage is less than $5,000 ° — °.
In addition to the preceding requirements, the Sub-Recipient under - stands it is required to obtain and
maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding
in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, Such coverage must
at a minimum be in the amount of the eligible project costs: Further, the Stafford. Act, requires a Sub=
Recipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or
necessary to protect against future -loss" to an insurable facility as . a condition for receiving disaster,
assistance funding: The Public Assistance Program and Policy Guide further states If the Applicant does
not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds .
from the current disaster." If the State Insurance Commissioner certifies that the type and extent of .
insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable
facility, the Regional Administrator may modify or waive the requirement in conformity -with the. certification.
The Sub - Recipient understands and agrees it is responsible for being aware of, and complying with all
insurance considerations contained in the Staff ord Act and in 44 G.F.R. §§ 206.252 -253.
52
The Sub- Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of
any entitlement to compensation or indemnification from such insurance. The Sub - recipient further agrees
to provide all pertinent insurance information, including but not limited to copies of all policies, declarations
pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for
each insured damaged facility.
The Sub - Recipient understands and agrees that . it is required to pursue payment under its insurance
policies to the best of its ability to maximize potential coverage available.
DUPLICATION OF BENEFITS
The Sub- Recipient understands it may not receive funding under this Agreement to pay for damage covered
by insurance, nor may the Sub - Recipient receive any other duplicate benefits from any source whatsoever.
The Sub - Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source,
for any damage identified on the applicable Project Worksheets, for which the Sub-Recipient has received
payment from the Recipient.
The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of the possible availability of, applies for or receives funds, regardless of the source, which could
reasonably be considered as duplicate benefits.
In the event the. Recipient determines the Sub - Recipient has received duplicate benefits, the Sub - Recipient
gives. the Grantee/ Recipient and /or the. Chief Financial Officer of the. State of Florida, the express authority
to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due
and payable to the Sub- Recipient, and to use such remedies as may be available administratively, at law,
or at equity, to recover such benefits.
COMPLIANCE WITH PLANNING /PERMITTING REGULATIONS AND LAWS
The Sub - Recipient is responsible for the implementation and completion of the approved projects described
in the Project Worksheets in a manner acceptable to. Recipient, and in accordance with applicable Local,
State, and Federal legal requirements.
If applicable, the contract documents for any project undertaken by the Sub- grantee /Sub- Recipient, and
any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the .
local government comprehensive plan.
The Sub- Recipient must ensure that any development or development order complies with all applicable
planning, permitting, and building requirements including, but not limited to the National. Environmental
Policy Act and the National Historic Preservation Act.
The Sub- Recipient must engage such competent, properly licensed, engineering; environmental,
archeological, building, and other technical and professional assistance at all project sites as may be
needed to ensure that the project complies with the contract documents.
FUNDING FOR LARGE PROJECTS
Although Large project payment must be based on documented actual costs, most Large Projects are
initially approved based on estimated costs. Funds are made available to the Sub- Recipient when work is
in progress and funds have been expended with documentation of costs : available. When all .work
associated with the project is complete, the State will perform a reconciliation of actual costs and will
transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts).
The submission from the Sub - Recipient requesting this reimbursement must include:
a) a Request for Reimbursement (available in FloridaPA.org);
53
b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in
FloridaPA.org and is automatically created when the Request for Reimbursement is submitted
(and _ is supported by copies of original documents such as, but not limited to, contract
documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and
change orders); and
c) the FDEM Cost Claim Summary Workbook (found in the Forms section of FloridaPA.org), along
with copies of original documents such as . contract documents, invoices, change orders,
canceled checks (or other proof of expenditure), purchase orders; etc,
ADVANCES
Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance
Payment. Notwithstanding Paragraph 9) Funding, in the Agreement these payments are not bound by
Section 216.181(16), Florida Statutes.
1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R. Federal. OMB
Circulars A -87, A -110, A -122, and the Cash Management Improvement Act of 1990.
2. All advances must be held in an interest- bearing account with the interest being remitted to the
Recipient as often as practicable, but not later than ten (10) business days after the close of each calendar
quarter.
3. In order to prepare a Request for Advance (RFA) the Sub - Recipient must certify to the Recipient
that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and
subcontractors without unnecessary delay. The Sub - Recipient must prepare and submit a budget that
contains a timeline projecting future payment schedules through project completion.
4. A separate RFA must be completed for each Project Worksheet to be included in the Advance
Funding Payment
5. The Sub- Recipient must complete a Request for Reimbursement (RFR) via FloridaPA.org no more
than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account
for all expenditures incurred while performing eligible work documented in the applicable Project
Worksheet for which the Advance was received.
6.. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an
Advance cannot be accepted for processing.
7. The Recipient may advance funds to the Sub - Recipient, not exceeding the Federal share, only if
the Sub- Recipient meets the following conditions:
a) the Sub-Recipient must certify to the. Recipient that Sub-Recipient has procedures in place to
ensure that funds are disbursed to project vendors, . contractors, and subcontractors without
unnecessary delay;
b) the Sub - Recipient must submit to the Recipient the budget supporting the request.
8. The Sub- Recipient must submit a statement justifying the advance and the proposed use of the
funds, which also specifies the amount of funds requested and certifies that the advanced funds will be
expended no more than ninety (90) days after receipt of the Advance;
9. The Recipient may in its sole discretion, withhold a portion of the Federal and /or nonfederal share
of funding under this Agreement from the Sub - Recipient if the Recipient reasonably expects that the Sub-
Recipient cannot meet the projected budgeted timeline or that there may a subsequent determination
by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub - Recipient
was improper.
54
DESIGNATION OF AGENT
The Sub - Recipient must complete Attachment D by designating at least three agents to execute any
Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the
Sub- Recipient.
After execution of this Agreement, the authorized, :primary, and secondary Agent may request changes to
contacts via email to the State assigned team.
In the event the Sub- Recipient contacts have not been updated regularly and all three (3) Agents have
separated from the Sub - Recipient's agency; a designation of authority .form .will be needed to change
contacts.
NOTE: This is : very important because if contacts are not updated, notifications made from
FloridaPA.org may not be received and could result in failure to meet time periods to appeal a
Federal determination.
DUNS Q &A
What is a DUNS number?
The Data Universal Numbering System (DUNS) number is a unique nine -digit identification number .
provided by Dun &Bradstreet (D &B). The DUNS number is site specific. Therefore, each distinct physical
location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number.
Who needs a DUNS number?
Any institution that wants to submit a grant application to the Federal government. Individual researchers
do not need a DUNS number if they are submitting their application through a research organization.
How do I get a DUNS number?
Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement
applicants /prospective applicants. Call the number below between '8 a.m. and 5 p.m., local time in the 48
contiguous states and speak to. a D &B representative. This process will take approximately 5 —
minutes and you will receive your DUNS number at the conclusion of the call.
1- 866 - 705 -5711
What do I need before I. request a DUNS. number?
you call D &B, you will need the following pieces of information:
• . Legal Name
• Headquarters name and address for your organization
• Doing business as (dba) or other name by which your organization is commonly recognized
• Physical address
• Mailing address (if separate from headquarters and /or physical address)
• Telephone number
• Contact name and title
• Number of employees at your physical location
How much does a DUNS number cost?
There is no charge to obtain a DUNS number.
Why does my institution need a DUNS number?
New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant
and cooperative agreement applications. The DUNS number will offer a way for the Federal government
to better match information across all agencies:
55
How do I see if my institution already has a DUNS number?
Call the toll free number above and indicate that you are a Federal grant and /or cooperative agreement
applicant. D &B will tell you if your organization already has a number assigned. If not, they will ask if you
wish to obtain one.
Should we use the +4 extension to the DUNS number?
Although D &B provides the ability to use a 4 -digit extension to the DUNS number, neither D &B. nor the
Federal government assign any importance to the extension. Benefits, if any derived from the extension
will be at your institution only
Is there anything special that we should do for multi - campus systems?
Multi- campus systems can use what is called a parent DUNS number to aggregate information for the
system as a whole. The main campus will need to be assigned a DUNS _number. Then each satellite
campus will need to reference the main campus DUNS number as their parent DUNS when obtaining
their own DUNS number. For NIH grantees, if each campus submits.grant applications as a unique
grantee organization, then each campus needs to obtain their own DUNS number.
Does the DUNS number need to be included on individual fellowship applications? _.
Yes with one exception. It is the DUNS number of the sponsoring institution that.should be put on the
application. Individual Kirschstein -NRSA fellowships that propose training at Federal laboratories do not
require a DUNS number.
What does the DUNS number have to do with the Central Contractor Registry (CCR), soon to be the
Business Partner Network (BPN)?
Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically
through Grants.gov. Your organization will need a DUNS. number in order to register in the CCR. The
CCR is the central registry for organizations that have received Federal contracts. If your organization has
received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that
your organization information is up to date. For more information about the CCR, please visit the CCR
web site at www.ccr.gov.
What should we do if our institution has more. than 1 DUNS number?
Your institution will need to decide which. DUNS number to use for grant application purposes and use
only that number.
Does this apply to non -US organizations?
Yes, this new requirement applies to all types of grantee organizations including foreign, non- profit, for
profit as well as for state and Federal government agencies:
Does this apply to non - competing progress reports?
No This new requirement applies only to competing applications.
Are there any exceptions to the new DUNS number rules?
Individuals who would personally receive a grant or cooperative agreement award from the Federal
government apart from any business or non - profit organization they may operate are exempt from this
requirement. Also individual Kirschstein -NRSA fellowships that propose training at Federal laboratories
do not require a DUNS number.
Who at my institution is responsible for requesting a DUNS number?
This will vary from institution to institution. This should be done by someone knowledgeable about the
entire structure of your institution and who has the authority to make such decisions. Typically this
request would come from the finance /accounting department or some other department that conducts
business with a large cross section of the institution.
56
We are an organization new to Federal grant funding so we obviously need a DUNS number: But we
don't want to be included in any marketing list. What can we do?
Inclusion on a D &B marketing list is optional. If you do not want your name /organization included on this
marketing list, request to be de- listed from D&B'smarketing file when you are speaking with a D &B
representative during your DUNS number telephone application.
Who do we contact if we have questions?
If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone
number 1- 866 - 705 - 5771. If you have questions concerning this new Federal -wide requirement, contact
Sandra Swab, Office of Federal Financial Management, 202 -395 -3993 or via e-mail at
sswatia.omb. eop. gov.
Substitute Form W -9
For the purpose of this Agreement, a Sub- Recipient is also a Vendor.
The State. of Florida. requires vendors doing business with the State to submit a Substitute Form W -9. The
purpose of a Form W -9 is to provide a Federal Taxpayer- Identification Number (TIN), official entity name,
a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information
to the State, Submission of a Form W -9 ensures that the State's vendor records and Form - 1099 reporting
are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue
Service, Form W -9.
Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and
services or make payments to any vendor that does not have a verified Substitute W - 9 on file with
the Department of Financial Services: Vendors are required to register and submit a Form W -9: on the
State's Vendor Website at httos / /flvendor:mvfloridacfo.coin.
57
Attachment H
FEDERAL FUNDING. ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
INSTRUCTIONS AND WORKSHEET
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on.
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
Federal awards (Federal assistance and expenditures) be made available to the public via a single,
searchable website, which is http: / /www.usaspending.gov /.'
The FFATA Sub_award.Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management ( "FDEM" or °Division ") must use to capture and report sub - award and executive
compensation data regarding first -tier sub- awards that obligate $25,000 or more in Federall funds
(excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment •
Act of 2009, Pub: L. 111 -5), . •
Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give •
clarity to the FFATA Form distributed to sub - awardees for completion: All pertinent information below .
should be filled out, signed; and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub-
award (Agreement) that obligates $25,000 or more in Federal funds as described above. Please
provide the following information and return the signed form to the Division as requested:
PROJECT #: N /A_= Do not Complete
FUNDING AGENCY: Federal Emergency Management Agency - . ..
AWARD AMOUNT: $ Federal share amount only
OBLIGATION /ACTION DATE: date awarded to State of Florida
SUBAWARD DATE (if applicable):
DUNS #:
DUNS# +4:
if your company or organization does not have a DUNS number; you will need to obtain one from Dun &
Bradstreet at 866 -705 -5 or use the web form (httpalfedgov:dnb.com/webform). The process to .. -
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME:
DBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:,
ADDRESS LINE 1:
58
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE - . ZIP CODE +4 **
PARENT COMPANY DUNS# (if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA #):
DESCRIPTION OF PROJECT (Up to 4000 Characters)
Complete eligible Projects for repair or replacement of Disaster damaged facilities.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1
ADDRESS LINE 2
ADDRESS. LINE 3:
CITY STATE : - ZIP CODE +4 **
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE
* *Providing the Zip +4 ensures that the correct Congressional District is. reported.
EXECUTIVE COMPENSATION INFORMATION:
1. 1.. In your business or organization's previous fiscal year .did your business or organization
(including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or
more of your annual gross revenues from Federal procurement contracts (and subcontracts) and
Federal financial assistance (e.g. loans, grants, subgrants, and /or cooperative agreements, etc.)
subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual
gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g. loans, grants, subgrants, and /or cooperative agreements, etc:) subject to the
Transparency Act?
Yes ❑ No ❑
If the answer to Question 1 is "Yes," continue to Question 2. If the answer. to Question 1 is "No'
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certificationand submittal process. [Note: Securities Exchange Commission information should
be accessible at http /lwww.sec.gov /answers /execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
59
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives ", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions ".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non - equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v. Above - market earnings on deferred compensation which is not tax - qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion )
Rank 1 Total Compensation
(Highest to Name for Most Recently
Lowest) (Last, First, MI) Title Completed Fiscal Year
1
2
3
4
5
I .
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE:
DATE:
60
Attachment
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 CFR Part 200. It is the responsibility of the sub - recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
61 - •
Pt. 200, Ap II 2 CfR Ch. I1 ( -1 - 17 Edit
agent:r'e Federal . t -awards Uni include. Pro- awarding teeny s hould Madder approaches •
siding this information late a potential..ap sob aeglvlhg: • -
pilcant idea+, If' • any requlnta with 1. Po ainte of .'amour tube may be r eached 4t
which It would hare diff tmm culty complrtng 11 multiple wayq(o.R.. by trlppbenn. FAX. and/
its application Sa succeasml. La those cases, ear email. as well as e:molar malU.
early notification about the regtin,etnenta a1- 0. A .tax or email address - that multiple • -
lows the patnntial applicant. to declde not to people motets, .0 that Someone will rrapcnd
• apply or. so .take nutted actions befcn re:. even if °there are unexpectedly **at. d.1r- • - .
ceiving tar Federal maned. Thu uaoouurti• tng nitieal perkda. -
mot ncod nut ludo& 0). of 'bp leans and ill. Different coat3ete for disitaot }Oda of •
condltio tm of the - Federal award. but may help te,g. one for guestleoo of programitntio
• term to a document (with information - about eentent and a' emend for admlidetrativa.
bate to obtain lr.) -or, ]merest site where ape (Waal one..
Alr..at van p... the to mated eendltloua; If H OTRER EfFOit)fAT[ON..
thta funding eppot tnnity will lead to Federal .. -
awar22 with -some special tetras acid condi- Thbe sentinel may include stay additional
Mona that differ front the Federal 'awar ding Inforitra.tlen altar will statist •a potential ap-
stew y'a uetrt7 (ean>etlmse 'culled "amoral ") - p scant. For exatuylei the eecIJen might .
torals and conditions. this section .shuu1d 1. Indicate whether this la a new program .
highlight those apoolal tortes had conditions. ur a ens -Limo initiative. -
Dolma so will, alert applicants that have re- 11, MentiooteLsted program*. or other rap- .
• delved .Federal awards. from the Pederal 'contiag or. ongoing Federal awarding a„eacy -
• - , . aaardln; aaeaey• previon/dr . and might not funding opportunities for similar activftlnra.. - -
otherw to expect -- different tents and condi- Iii. Inolndo current. Internet nddrexaea'for
dare: ror•tho vane reason. the announce. Fcdonlawarding .tgeacy,Aobciteatbar..may •
meat eluw;d inform •Potential apphoaned • be ueaMul to an applicant In undctstanding
. about special requirements that muld apply tbeprorram. -
to pa?ti:-ul.r Faders, awards after the rotlow 1v; Alert applicants to the-need to'identitg
of applications and other Informaticn. based proprietary information and Inform them
on the p: rticulat uan:nnlatantwe of the effort about.the way the_ Federal atsardfoir agency .
to l* supported (n g.. if 9uitaa oubjecta were will handle it.. .
to be ievolved cr if acme nituattans'tlmg its.: r; Include certain routine notices, to appli- - -
tlfy apetial tetmr en. fnteltarual property, cants ('.g-, that. tbo'Fedetal Covorntetont It
data starliti, of eeenrlty requirements): not obllgatcd to nnito.an '. Padua.' award as
• 3. Rep »fttJ This section most a result of the announcement er that on1F .
tnelude central. information about: the type grants Officers can bind the Federal Covftin• • - -
(c.o., •finaci
nal - or p rfiewianee), f 11uon moat at to ahe att•emdItuiu of fund.y. .. . .
. and incase of submission (paper or olee IRO oil ewe. Ili,. 10, 2012. di ameadr,d er 60 • • -
trunk) of ■t(t- Federal aweod tepurtlnt et" 'FR 44110, July 2t, 2oi5j - .
qufetnente_ Highllbht any epecLtl reporting - - •
• requtretn rats for 'Patient] 'mrarda under thin APPENDIX . II TO PART .. O-- CON-7'RACT • • -
fntulfas opportunity that dltfur (t,q., by .re - PROVISIONS FOR NON-FEU mew.. ENTI-
yirt type: frequency. forMfelmat, or - clr- TX Cot:TRAME ' UNOEP FEOFRAL
cumatances for sae) froth What the Federal AWARDS . awarding' ntfanuy'a Federal awards ueusllS - • re. u1nn. redetul :twat lug atrenolee mast•abio prorieiona nIsni by . •
d
. ^3crlLe• in this section 41 relevant Mauler' ddition to1othsr.
mats such as these at .2 CFR 180.335 mid 2. ic t e Federal a trade h t . tar y Abe n henn - Federal n - r ent entity
. CFR ItC.Ori. • - tuider h bF tliier the e Federal award =Zit contain rrOvi-
pr rvi-
If he Federal Since w oe of a Pedriai • award
Sons cowslip Shut follnaittlt, an applfeable.
r1.y Jaclade ism .hen r40.000 oinr the Pe.' • ;A) Conjracts for enure :than the simplified - -
ricd of.per•oeironee, ehl-e'eeetloe must Inc • ttaqutaition thtrahold (terrectl7'. at
•
Giros potential J1J 2nts.about the: p0sE 3.150,000,' whieb -lc the Inflation adiusied - .
&want - 1•eporttns regNrein0atd •reflected in. - amount determined -by the CRillao.Aoeaee .
Appendix XII Award- Term and 'Condition AOquiaiiipn CotuieL dad the lfelett+ta AequlnI.
for • P ciI*1nl Iate.:rlty and Performance • uce ltegtdntiona Gfnnou (coonona)..aa an=
Matters. _ Shetland by Al U.S.C. Het, must addroaa ad-
_
C. FE^f9AL ANAt7.DlNO AGENOr CONTACT(0) miniatratfvn, e�ontenetttal, or legal Mnfodiea .
. RJWIFtF� fn
lnstaneog s hore . contractors' violate. .
• beach, contract toinnp. and-prdvide for each •
. The annaunOement glee potential ap- sanctions and penalties ai tipprOOLlta. . .
pll.antr A mint(a) of contact for amwering (E) All contracteJn expels of $10Atp• must
Questions e1 •helpinf with problems white the. addles termination tar came and for con:
funding' opporwnity le nptm. The intent of sentence by the nnn- Foderal entity inrladiog
• this requirement is to be an bcipfol m pose the manner .by which It will be effected and
elbin to potentiai.eppllcants. no the Federal 1ho basis fee settlement.
200
•
•
•
•
62 •
•
OMB Gu idance Pl. 200, App: 11 1
(0) Equal Employ • Opporttmit F lo-, Part 53. Under 4 011:0.0. 370 of the Act, each
cept as otherwise' provided under' 41 CFR • contraotur nest be required to contpate the
' - - . Port 80, all that meet the aerial- wages of mnehanic and laborer the
Non of "federally 'omitted 'canal-melba con- .heel* of a standard work week 'of 40 hirers. •
. tract" in 41 CFR Part 60-1.3 must include rho Work in excess of the standard work Steels le '
.. equal opportunity 0taus* provided coder Al permlaafble prov18e that the tracker le cam
OFR 00- 1.4(b): in accordance with Executive pensated at s rate of iot leas than ono and a
- Order' 11748. ••Equal Etitployinent Oppor• ' _- balttimes the, bier* tato - of lay fan ail hoore - • tunny" (90 P12 12310, 12995•.6 CFR Part, 1904 . - worked to extant Of.40 hours in the work
- 1905 Comp.. la•330), ac amended by Executive - week.. The rogdiremeate of 40 U.S.C: 370 ate
- 0ider 113:5, ' "Amending Executive. Order - eradicable to oomuruotlen work pad provide -
. 1124e Relating to Equal Employment_ Oppor • . that no. laborer or mechanic must bo. re-
trinity." and-implementing regulations at 41' ,qulred to • •work• in emtvnndingsr or under
. . - • OFR. part 00. "Office of Fe deral - Co ntract • • working condition! .which are .0stsanitary,
Oompllance Proscenia. Equal. Emliloyrnehi : hsz:rdous or daastaoue. These requlremeata '
rta
. Opportunity, Departent.Of labbor•." mot • " do ot apply m.1-Ile parohaee of eappllea'or
•D) Davis -Bacon Act, as anisnded (40 U.S.C, . mttetinle or nrticles ordlnarlly available on
3141- 3140) When regairedby .Federal program • tb'e open nnrkot, or. contr.,ata Tnr trsnspor:
legislation,' all prime conetruetioa'oontraota Wttonor transmU on00lntellfaente: -
. - in oseesa • of 32,000 awarded by ton - Federal ter • Rights to • Inventons -Made Under a -
•
entitles meet lnclmdn a:310 13100 for complf 'Contract' or ARroemeot. 00 the Federal award'
ance with the • Act. (40 U:R.C. &meta the definition of •'fruiting agreement" ' •
. 31•11 and 3145.3143) as eapplemented by • tinder 37 ern 1401,2 (o! and the recipient or .•
. • Department of Labor•' regulations. (30 OFR sobreOlpieat wlehee to enter into a contract - • •
Part. 5. "Labor Standards Provisions Amok- : with a small baslnesaflrrnor nonpruflt circa- .
•
- L cable to _Contracts Co}ering Fed.lally •Fi` ..nitation.regarding the substitution of par•
. nan eel. "and Assisted Comu,rnctloa"). In 'se- eo tier, aiseignrnent rn' perforrtnitre • of expert • . - .
deace with. the, etptt(td. contractors must nieatal, developmental.. or re earoh • work .
• be regtilred to pay, a -ague to lgborere and me under that agreement; ' the ieolpl- .
cbaulea at a rate not lt., than the prevailing ,ent er subreclpientmoat ooinply with rho re.. .
. • .wages 10-40 specified In a . wage determination gnlron 0037 CPR Part 401, •'Righte to In -. . - . .
• made by the Secretary of Labor. In addition. • -ventions Made. by 'Nonprofit .Organizations . • Contractors meat he required •to. Dag. wages . acid Small Ru.Meuae. Firma Coder. Govern. .
. • • not lesa. than one a week. "The rpm- Federal .. anent Grants :: Contracts and Cooperative .. .
. , entity meat place a'oopy of the current pro= • Aoreemente ;' and nay 1mFletnentleg regulu-
•
. - veiling wage deterrninatien issued by the Da- • • lions fettted by the axardlol eceneg. • - ' • • • .
- - - partntant of Labor In each Solicitation. Tho - ' ' (0) Olean Air Act (42 U.t),C: 7401- 7GII0.) toad
derision to, award 'a_ contract or eobeontre . .thc• Federal Wabrr.Polluttnn Conttul - sot - (33 '
rlwst he eosdltloned upon the srceptaime of U.E.O. 1251 - 1387). as artteaded- Contracts and
- the. x-arre deternilnation. The nom Federal an sub -rants of amonnta' in exows of *150.000
tity - twat r eport, t ill Sustected'or. reported- reach contain a provieloe that requires. the
violation to the Federal award1ng.Oaeacy: non- Federal award to agree to compip with
- • 'the contracts mart elan lnoiade it.provlst m '. nil • applurabli . standards, orders' or mole-
for ,cornpllant ' With the ,t7npeland 'supple- . tlptia fanned Dtitptrnatt t7, the Clean Air Aot
Iilvkbagk" Act . (40 11E.0.. 3145). , as supple- (42 U.S.C 7401 7671q) and the Federal Water
' . . ur^nled.by Department of Leber. regu1uUona • Pollation Control Act .w.amended - (33 (1.6.0.
. 00. 0911 -Part 3, - 'Coatraotore . and . Sub- • . 1251 1307). Violations aurst be repal'ted to the - . . - '
e.ontraetom •on Publk Building. or Public . Federal awarding agency and the Regional
Work Ffnanood tn.Whok or in. Part by.Loane Office • of • the. Enetronniebtal Prottetlon
or Granut frvim the United 6tates'q, The Act • . a! easy (EPA).
provides ••that : each contractor or . eat • (1 1) Debararent and tiuepenaioa (Execut.iie • . .
recipient nm,r be prohibited from Induelte . • Orders 12549 and- 12680) - -A contract award
. by aar rmeane, any p. reon eniNnyed in the (see .2 CFI' 180.230). neat not b i made to par .
. Loaetruollon, aimpletion. or repair:of public lie' listed on the sovernnnnta•ide exclusions'. '
Work. to give up . any purl of the cumpen.a, In _ the System' for Awu d • 5Ittaur onarnt, .
- tion.to which he no' she. is otherwise entitled. (SAM), In accordance with the 051B. pnido-
•
- . The aon-Federal entity meat ierport all sits- .' line* at 2'0911 180 that lmplerneat Baecollve .
pc'eted.or reverted violations to the Federal Order* 12±49 (3. CFI( part 1096 Ccmp...p._2E9) .
. - awarding agency. - • . . . - . and .12< (3 CFR - part 1980 Ccmp.; P. 235)..
(h') Contract Ilor$ .Hours and Safety rDebanrtent and,Suspooalon:' BA01 Exclu• ..
Standards. Act .(40 U.R.C. 3701 -8708): Wbatm . ideirt ,contoico the mimes Of parties debarred, • ' .
• _ . appUatbia •allcontract0awardedbythe ..euepended, or otherwise excluded by age*- . •
Federal entity in.exteat of 3100.070 that in= - else. as well so parties •declared Ineligible • -
. valve the employment of mechanics( or labor., • under statutory Or • regulatory authoi Pty
• .. . ere must include a provision for ceimplienese • other than Executive Order 12509.- .
. with 90 0.5:0- 3772 ,and 3'101 as eupplotaeated : (r, Byrd Anti - Lobbying .Amendment (31
by De)tart•rnen of labor re9ulatious (•29 CFR. 1111.0. 1352) -Contractors tbnt apply Or bid .
201 -
63
•
Pt. 200, Apr). 111 2 CFR eh: 11 ( 1 -1 -17 Edklon)
tar an award exceeding $100.cVO Ho fire the 9cNtntlar treatment may Inoludo It in the
required oomif o atlon, Each tier certifies to' Inatruetlon function: •
the tier above that It will net sad has not ._.(1) DeparCrrctal rvaeatds. walls reamfulr. •
used, Federal,apprupriatad funds to nay any duvel0pmeat and Scholarly acttvitki that -
peraon.or orrantsatlon for influencing or. at- • ate . not orraized rts,enrch and.. con-
tempting to influence an o momently, or employemomently, aro not aeporateiy Lodi• ^4d and
of any agency. a member of Congress; officer • acccwnt 4 fct•, »epartnamtat retouch. for
Or employee of Coirgeas: or an employee of a purpewel Or this dooumeat, ft wit oonoldored
Member of Congress coves tioa. with oh- as a rat function, but at, a port of the in- •
to1n1ag ally Federal contract, grant or any stenction traction of the inatitutlon. •
other ward Covered by 11. U.S.C. 1352. Farb (3) On?y.anndatmy coot etoring. coat
tier must ales disclose any lobbying with sharia.^, IDielfcally committed in the iinieot •
non- Federal fun& that...akae plea, la con, budget must to included In tbt oreanlzed re.
nectloh with'obtaining any Federal award. search base for computing the indirect (War •
SuOii dleolosuree ars !created tiled from - tier ro CON rate or reflected In any allecatlun bf in- •
tier up to the non ;Fetheal award. • direor (veto. Salary 'Costa above statutory .
61) See 1200372 Procurement of re•avered findte are sot coadldereid coat obarleC•
nmterlale.. - b. "O gar:tnd rcioriel wane all .eseareb
aril development MS titles of an Institution
178 FR 78601. Doc. T). 2013. so atm404 at 78 that mparately btid.etad and accounted •
FR 7$818. Dec. ID, 2011; • air. l! includes: • •
pl Sp-inured, resew.* meant all racier.:b
APP) ODI1( I11 TC PART 200—Dthingicr " and .development activities that are upon-
(F&A). Cp8T0 IDENTIFICATION AND auee3 by Sand 108- Federal :c■eneiee
•
AL-tIONMF`1T, AND RATE: DETIR2IINA- sa e�raa Tbii letfli tnal'adee sativi• .
TIC FOP. INSTITUTIONS OP HIOREb ties invo:vire the training of dndivlduaie in •
TIGH
TIDY (THEE; raaeareb tecboigaea Owtnnnnlg called re-
catrtb"ir slung: whore Stich. aativltiea atnlu .
S, fiPJF'+�RAL • t he 101110 facilities smother research and de-
='etopmrot activities'awt where meth astir,
TIM' appendix provides criterla for tient!. ties are not included la Ibe hiatrncrlcn rata-
roar. and 'computing lnditeet.(or irdlrect floc -
(F&A)1rates at DIES (Inetltutiono). Indirect " (3) Unio:rrlly rrater'rl - means all reaearah
(F3oA) costa are them .tbat sra:Dourred fur 'and.developntotit or:tivltle) and: ..trr .sefre
cotillion or Joint Oblectiven" and therefore • rattly budgeted aaronnted for by the in
mnnot identified readily and specifically stitutIen under an internal application of la- •
. with a particular. sponsored - protects an la t;tltutlenai" funds, robarreit,. for
etruct1oaa1 oettlelty, or any other Mayan' PalI.oeee of talc dnomnent, miter be COM-
tfone) activity. See oubaectton 13.1: r.eni i- • blued with 0peMored -rea..ar.:h- under - the •
• Sun of Eltcllltiee and Admialalratlon, for a 8000 010801 0700LiZod F91091011.
dfeeiteeton 0f the xnntdneota of redirect o , Othtr se :mated eelirtii(3meaae_lanaranl6 .
iF&A) �. - .. Fede a%nolce Mid arrantatioas shlch fa•. •
L Maier Penif:srs ofar. )rteffMto. Solve the per:tuntance of work other thealn-
etrnctlon and orgaolud research. lixamptea
Refers to ineraetlon, organism research, :ar eoeL• preeretr. 004. reelect are health
•
otber and otter Marro. aci a rroje -jo and o emehiry Onrvlee pre •
Donal activities as defined 111 t1114 ae0t1011: • reams, However, when any of these aotivltise •
a- lnrinielt:n mefana • the teeehle3 • cod ar• 0mkrtiken.by the inatitatlon wltbout
?relined aottvttice of as instiwtlon.'Etropt _'wielde.ttupport.. they rimy be classified ao
• •
tt!r raaesroh tmlalag • is prodded in sub; other lnatitut1OVa1 aetivitica. suction b, ibis term includesell t-iaeldas and " el. Mar irrl:b ;Len aet)Vii:lo ntrana all ae
ttafnine activities. whether they are offered tivities of an invieotlea creep' for Ic.truo.
Om ,redita tawneef a degree or cerSneak or Alen. de artm tereareh. •yr aided. re
on a non-credit llt balls. sad whether they are • wart. and other ti•onsored eotteitfee, as ds-
offered through regular ac:idon is 'deport- fined is this section: indirect (P& N, cot•: de•
meats or separate dlvlalone. snob sea sum= :,tvit11 -- ldenrified la this Appeals pars- - • -
trter echoed Melia.* ea.= ettentien division, paps J?, Identification and aeelfantont of fa-
Also coaslderad. part 'of this ntler fauctlun dhect iF&A) -and specialized aereicee •
art, departmental • rat <:rtvb. .'end, • 'where • Atoms... dae.:n')pd in 1200.E Spsm ?Iznt
agreed to, university research. - survive faoUit.o -o of thie Pert. " • • •
- (1) oVensreed leery-tire cud freicine Maas • Examples of other institutional activities
specific Instrtatband 01 ta:iluingaativity ea• ioolu,k opreatioo of oai•lcnce bull.,, dining
tebllabed by grant, (sunset,, or eoopeuative halls, bespitale and slinks, student unions.
agreement. For. plrpotee of the watt min int rcoli late atbletfoa, bookermos, faculty
cIplee, activity ahoy bo considered a housing, 3tudent aptrtmente. !neat houeee, - •
major (sachem even thuagb an inetltatIon'e chapels. they ere. publt.i nuaeuun, and other
202 •
•
•
•
•
•
•
•
•
•
•
64
Attachment J
DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT
The Department of Homeland Security (DHS) . Office of Inspector General (OIG) was tasked by
Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed
below:
There have been 32 separate instances where Grantees /Recipients or Sub - Recipients did not follow the
prescribed rules to the point that the OIG believed ,the below listed violations could . have nullified the
FEMA/State agreement.
1. . Non Competitive contracting practices.
•
2. Failure to include required contract provisions.
3. Failure to employ the required procedures to ensure that small, minority, and women's owned firms
• were all given fair consideration.
4. Improper " cost- plus -a- percentage -of- cost" contracting practices. •
The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related
Project Costs; Report Number OIG -16 -109 -D dated July 1, 2016. The following may be reasons for
the disallowance or total de- obligation of funding given under the FEMA/State agreement:
1. Use of improper. contracting practices.
2. Unsupported costs. •
3. Poor project accounting.
4. Duplication of benefits. •
5. Excessive equipment charges (applicability may vary with hazard mitigation projects). •
6. Excessive labor and fringe benefit charges:
. 7. Unrelated project costs.
8. Direct Administrative Costs. •
9. Failure to meet the requirement to obtain and maintain insurance.
Key Points that must be followed when Administering FEMA Grants:
• Designate one person to coordinate the accumulation of records.
• Establish a separate and distinct account for recording revenue and expenditures, and a separate
identifier for each specific FEMA project. •
• Ensure that the final claim for each project is supported by amounts recorded in the accounting
system.
• Ensure that each expenditure is recorded in the accounting books and . references supporting
sources of documentation (checks, invoices, etc.) that can be readily retrieved.
•
•
65
• Research insurance coverage and seek reimbursement for the maximum amount. Credit the
appropriate FEMA project with that amount.
• Check with your Federal :Grant Program Coordinator about availability of funding under other
Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the
final project claim does not include costs that another Federal agency funded or could have funded.
• Ensure that materials taken from existing inventories for use on FEMA projects are documented by
inventory withdrawal and usage records.
• Ensure that expenditures claimed under the. FEMA project are reasonable, necessary, .directly
benefit the project, and are authorized under the "Scope of Work."
I acknowledge that I have received a copy of and have been briefed on the above OHS OIG Audit Issues.
Monroe County 03/05/2018
Sub- Recipient Agency Date
Signature ..
Tina Boan, Sr. Director Budget & Finance
Printed Name & Title
66
Attachment K
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is
requested. Balance of payments will be made on a reimbursement
basis. These funds are needed to pay pending obligations for
eligible work. We would not be able to operate the program without
this advance.
If you are requesting an advance, complete the following chart and line item justification below.
BUDGET CATEGORY /LINE ITEMS 20 20 Anticipated Expenditures for First Three Months
(list applicable line Items) of Agreement
Example: PW#00001(0) Contract Work $1,500,000.00 (provide detailed justification).
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need
for the cash advance. The justification must include supporting documentation that clearly shows the
advance will be expended within the first ninety (90) days of the contract term. Support documentation
should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the
Division reasonable and necessary support that the advance will be expended within the first ninety (90)
days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract
term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399,
within thirty (30) days of receipt, along with any interest earned on the advance).