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08/15/2018 Agreement6 e� ��Ufi GSiVT Clerk of the Circuit Court & Comptroller = Monroe County, Florida DATE: August 31, 2018 TO: Tammy Sweeting Executive Assistant FROM: Pamela G. Hancock, D.C. SUBJECT: August 15 BOCC Meeting Attached are duplicates of the following items, for your handling: C7 (Ray Sanders) Contract with the lowest responsive bidder, Roofing by Ruff, Inc., for $794,000.00 for the replacement of portions of the roof at the East Martello. D11 (Steven Sanders) Contract with Sea Tech of the Florida Keys, Inc. in the amount of $118,825.00 for drvwall repairs and flooring at the Marathon Annex building for damages imposed by Hurricane Irma. Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST 5010 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 MARATHON ANNEX DRYWALL REPAIRS SECTION 00500 AGREEMENT Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Fifteenth day of August, 2018 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Sea Tech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key, FL 33043 For the following Project: MARATHON ANNEX DRYWALL REPAIRS AND FLOORING Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Marathon Annex building dry wall repairs and upgrade of electrical outlets to GFCI behind the kitchen counter, Install new counter top and cabinets in the Fire Rescue kitchen. Repair the drywall to match with the existing walls. Paint walls to match the existing. Install new Carpet in two (2) 10'X 10' offices. Install Vinyl Flooring in some the offices and hallways. Install new Kitchen Cabinets in Annex Kitchen to match with the existing. (As more fully described in the RFP in Section 00100, paragraph 2, Scope of Work) AGREEMENT Page 1 of 100 MARATHON ANNEX DRYWALL REPAIRS ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Forty -Five (45) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day $50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day $100,000.00- 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00 and Up 500.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum AGREEMENT Page 2 of 100 MARATHON ANNEX DRYWALL REPAIRS 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Eighteen Thousand Eight Hundred Twenty -Five and 00/100 dollars. Dollars ($118,825.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alternate # 1: No Alternates Specified 4.3 Unit prices, if any, are as follows: No unit prices specified ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10 %. Pending final determination of cost to the AGREEMENT Page 3 of 100 MARATHON ANNEX DRYWALL REPAIRS Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, Tess Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) AGREEMENT Page 4 of 100 MARATHON ANNEX DRYWALL REPAIRS format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. AGREEMENT Page 5 of 100 MARATHON ANNEX DRYWALL REPAIRS In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor or Contractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this agreement or for a period of three (3) years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. AGREEMENT Page 6 of 100 MARATHON ANNEX DRYWALL REPAIRS d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County'agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101 - 6107), which prohibits discrimination on the AGREEMENT Page 7 of 100 MARATHON ANNEX DRYWALL REPAIRS basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or , expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11, IT C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shah AGREEMENT Page 8 of 100 MARATHON ANNEX DRYWALL REPAIRS not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive __Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as AGREEMENT Page 9 of 100 MARATHON ANNEX DRYWALL REPAIRS a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation /Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: AGREEMENT Page 10 of 100 MARATHON ANNEX DRYWALL REPAIRS (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY - AGREEMENT Page 11 of 100 MARATHON ANNEX DRYWALL REPAIRS BRIAN @MONROECOUNTY - FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken AGREEMENT Page 12 of 100 MARATHON ANNEX DRYWALL REPAIRS together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, 'or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. AGREEMENT Page 13 of 100 MARATHON ANNEX DRYWALL REPAIRS w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, retum receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: Sea Tech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key, FL 33043 For Owner: Director of Project Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2 -216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: AGREEMENT Page 14 of 100 MARATHON ANNEX DRYWALL REPAIRS 7.8.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 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). 7.8.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 31481. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not Tess than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A "). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 1) The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. AGREEMENT Page 15 of 100 MARATHON ANNEX DRYWALL REPAIRS 7.8.3 Contract Work 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. 7.8.4 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. 7.8.5 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). 7.8.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 7.8.7 Byrd Anti- Lobbvino Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of AGREEMENT Page 16 of 100 MARATHON ANNEX DRYWALL REPAIRS any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 7.8.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA - designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https: / /www.epa.gov /smm/ comprehensive - procurement - guideline- cpq -proq ram. 7.8.9 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. 7.8.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this AGREEMENT Page 17 of 100 MARATHON ANNEX DRYWALL REPAIRS Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.12 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 7.8.13 Access to Records. The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 7.9 The CONTRACTOR is bound by the terms and conditions of the Federally- Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division) and attached hereto as Exhibit "B ". AGREEMENT Page 18 of 100 MARATHON ANNEX DRYWALL REPAIRS 7.10 The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 7.11 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extend allow and required by law. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the AGREEMENT Page 19 of 100 MARATHON ANNEX DRYWALL REPAIRS COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. • ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for - Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: Sheet A -1 • b) Project Manual: None 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None 9.1.4 The Addenda, if any, are as follows: Addendum No. 1 Date June 18, 2018 This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT Page 20 of 100 MARATHON ANNEX DRYWALL REPAIRS E A rt 4; Y amlb �' Contractor must be by a person with authority to bind the entity. r+ 1 - ; E'Q THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. , ( m BOARD OF COUNTY COMMISSIONERS - ' s . r d k, Clerk OF MONROE COUN j; FLORIDA I; s ' - - ° - i f y B .' {✓. � J . / B Deputy Clerk Mayor /Chairman Date art r S - 24 r Y (SEAL) Z. a . ; . zz7 r. .:r 4' = rn CONTRACTOR'S Witnesses Attest: CONTRACTOR: Sea Tech el,— Flor -n Contractor must rovide two witnesses Keys, Inc. � ` — p Y , �. fir!. signatures >:: ` Signature: k-' d .: c~ 1!+11.;' Signature: Print Name: W S - Print Name: Title :P/ 5 /be Title: Date: - 7/2-5 7 D ( $- Date: and Signature: MONROE COUNTY ATTORNEY'S OFFICE . ? •1 37ROVE-0 AS TQFQRN}�_ Print Name: 7'O.l� -ad L)/ PATRICIA EABLES Title: ASSISTANT COON AT r NEY DATE: , _ — '^ -- - Date: STATE OF FLORIDA, COUNTY OF YN A.ov. e On this .2 day of \ L , 20 1 '8, before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for Marathon Annex Drywall Repairs and FI • oring for the purposes therein contained. Notary Public �� =' , — '�-�' a R ■ w • •` — �.,, X11. , * ff ' 76111., 1 t i s k , sib , . s l'1_;� ' 2-02 -0 Seal — t r et ro I on� . r ' t h a „�. End of Section 00500 AGREEMENT Page 21 of 21 MARATHON ANNEX DRYWALL REPAIRS GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan ' Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section' 01630 Post - Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties GENERAL REQUIREMENTS Page 22 of 100 MARATHON ANNEX DRYWALL REPAIRS EXHIBIT A DEPARTMENT OF LABOR WAGE DETERMINATION EXHIBIT A Page 23 of 100 MARATHON ANNEX DRYWALL REPAIRS General Decision Number: FL180063 07/06/2018 FL63 Superseded General Decision Number: FL20170063 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above - mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2) -(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov /whd/govcontracts. Modification Number Publication Date 0 01/05/2018. 1 01/12/2018 2 02/23/2018 3 03/16/2018 4 07/06/2018 * ELECO349 -003 03/05/2018 Rates Fringes ELECTRICIAN $ 33.11 12.31 ENGI0487 -004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Ca $ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under $ 22.00 8.80 EXHIBIT A Page 24 of 100 MARATHON ANNEX DRYWALL REPAIRS 1R0NO272 -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 SFFLO821-001 01/01/2018 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 PAINTER: Roller and Spray $ 11.21 0.00 EXHIBIT A Page 25 of 100 MARATHON ANNEX DRYWALL REPAIRS PLUMBER $ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply $ 14.33 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health- related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health - related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov /whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council EXHIBIT A Page 26 of 100 MARATHON ANNEX DRYWALL REPAIRS number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG -OH -0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling EXHIBIT A Page 27 of 100 MARATHON ANNEX DRYWALL REPAIRS On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT A Page 28 of 100 MARATHON ANNEX DRYWALL REPAIRS EXHIBIT B MONROE COUNTY FDEM AGREEMENT EXHIBIT B Page 29 of 100 • MARATHON ANNEX DRYWALL REPAIRS APPENDIX C-1- Grantsgittbgrants DIVISION OF Ei1TERGENCY NIANAGE3IENT Grant/Grant and Aid Subgi.ant Routing Sheet 011.1.4 Comm,: Wrant Nrintlx.r. Z0002 mod 4. : LniriiL Pr), r:4 MArtre..-criCattt,t r)(m: F2i,te 815.!1419 r3 ,21 Apprsor.)1: ft:tr.-7,3116/1E ON, Ile CrEC Inty Effrok't Dses: _0410117) -T3. Arrmuut: yr< In' A) Omni 11V1( ,4; Ap,r54c3crit $4) Agree:1mi _ _ If) OtIler 1* _ _ Routing: 1 1 A po. F:61 finaticc; 1:54:tx71 .2 Ti5C.21:S51111Kirl1:10.:13e. _ 7 () 1 ' 11 ' 4 14&,:". cg: tj . x-p; _ _ scowl - Fitianver. Dalc licccived T)J1gRcsk-Aril . — Fir(Mgrzt Sigodb_n:: _ $egotail Kgsig% = Reogived 1,i4tib.0;nt: ftI. 111rig3rthl Art:unKtg. Cagitt. %Oh OricIrlal sjii Z liscb1 Slang! still Copy 1.1 rkgregnient' 14 — kM C T ' t“, 77 t I ( , EXHIBIT B Page 30 of 100 MARATHON ANNEX DRYWALL REPAIRS { y . SUBGRANTEE AND CONTRACTUAL AGREEMENT INFORMATION SHEET SECTION 1 - GENERAL CONTRACTIGRANT INFORMATION CONTRACT a; 7,002 AWARD AMOUNT: $2.558.535 94 DIVISION' OEM - BUREAU. Recovery PROGRAM: _)R -4337 rFede,ral Fur s1 SUBGRANTEEICONTRACTOR NAwM.E; !4 nroo comity SUBGRANTEEJCONTRACTOR ADDRESS: 1100 Sirmmntdn SL,Sle. 2 -213 Kev West. FL 33040 WARRANT REMITTANCE ADDRESS) Same as above SUBGrRANTEE!CONTRACTOR CONTACT PERSON & TITLE; _ ylr3 _0j r : 3Alle, Fipar -ce & Shared Services Manager PHONE: 305,292.4482 FAX E -MAIL: dnl a. 01.artle-lavragIrno0roecounty -11 cloy DEM CONTRACT MANAGERV_J,irt FcFbes BEGINNING DATE (VI 01171 ENDING DATE: (6. FEDERAL- EMPLOYER IDENTIFICATIONS OCTAL SECURITY NUMBER: 59- 6000749 - < Ott SAMAS FUND IDENTIFICATION NUMBER (STATE AGENCIES ONLY • 29 DIGITS). MINORITY VENDOR CODE: (I! Appliu`Y3 choose one: 14- Black, I- Hispanic. J- Asian, K -Native American. M- Woman) SECTION 2 SUBGRANT REC_IR ENT DATABASE INFgRI N ALLOCATION "OF PROGRAM ASSISTANCE BY COUNTY. COQ COUNTY AWARD AMOUNT COUNTY MATCH AMOUNT IVlenroe $2;858,535 94 S� STATEWIDE ALLOCATION SECTION 3 - SUBGRANT/CONTRACT 1NFOIt6MAJtb0 GRANT REPORTING REQUIREMENTS: 913 (Grant Awards Only) (MO -Meath y, OR-Quarterly. NA) ORGANIZATION LEVEL 9004Q0000 CFDA #: • 97:036 CSFAi : gtrolt DEM GRANT # 4S FUND 1 2- 750001- 1(15150 EO 22 S x$ 53594 Ci pb!), c ..> DEM GRANT # 4337'x` FUND 2 2.239047. 105150 EO Z3 $ • DEM GRANT # FUND 3 EO S IF Trt5 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) PION; SAMAS CONTRACT #: INPUT BY: DATE • EXHIBIT B Page 31 of 100 MARATHON ANNEX DRYWALL REPAIRS FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON -STATE ORGANIZATIONS - RECIPIENTISUBRECIPIENT VS. VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor 'swebsite(http: /lwrrw.myforida. coin! myfori•da!gevernrrentigovernarinit tivesrfsaalindex .him!). If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete 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 Stale Protect as defined in 215.87 (2)(r), F.S.). This checklist assists in determ:ning if the non -state Organization is a vendor, r€cipient/subrecipient. or an exempt organization. ' A nor, -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 cozeges). 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 -slate organizations to which they provide Slate resources to assist in carrying out a State Project. Name of Non -state Organization. Mnnrnp Ceurdy Type of Non -state Organization: r ne.at nevernam nt (i.e.. nonprofit, for - profit local government, if the non -state organization is a lrcal government please indicate the type of local government – municipality, county commission, constitutional officer. water management district. etc.) Awarding Agency.DivisitarLoLErnergencyaManagement Title of Stale Project Fnrinrat Pirhtir Agcisla(cro MI Catalog of Slate Financial Assistance (CSFA) Number Contract/GrantlA2reement Number: Tell? PART A YES NO X 1. Is the non -state organization a district school board, charter school. community college, governrnent/public university outside of Florida or a Federal agency? X 2. is the relationship with the non -slate organization only to procure commodities (as defined in 287,012(5) F.S.)? X 3. Does the relationship wilt) Site non -state organization consist of only t 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 MC1E resources and are there no additional State requirements? B. Do contraots contain sufficient language to identity the State MOE resources and the associated Federal Prcgram7 X C. Do A -133 audit requirements apply to the State MOE resources and Co contracts stipulate that the State MOE resources should be tested in an A -133 audit in accordance with Federal Program requirements? 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). It any of 1-4 above is yes. the recipienthrendor relationship determination does not need to be completed because the FSAA is not applicable to the non - stato organization. !Revised January 01. 2002 Form Number: FSAA_CL2 • EXHIBIT B Page 32 of 100 MARATHON ANNEX DRYWALL REPAIRS PART B RecipienbVondbr Relationship Determination: The following should be analyzed -for each relationship with a nor. -state organization ..'here it has been determined that the state ptograrsi, provides state financial assistance (i,e. iS a State Project) and the non -state organization is riot exempt based on ihe questions above. This relationship may be evidenced, by, but not limited to a contract agreement, or appticaton- YES NO 1, Does Stale law or legislative proviso create the non-slate 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 organizaton required to meet or comply with specified Stale Projcc t requirements in order to receive Stale resources? (State Project requirements include laws, rules,. or guidelines specific to the State Project such as eligibility guidelines,. specified, types of Sobs to be cleated. donation of specified assets, etc: Specified State Project requirements do not irclude procurement standards, general guidelines. or general Iawsrrutes.) 4 Is the non -slate organization required' to make Slate 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 Co be seen, number of disadvantaged citizens to be transported. etc; Performance measures may or may not De related to State performance-based fledgeling.) If any of the above is yes. there is a recipienUsubrocfpfont relatiionship 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 arid discussions with appropriate agency personnel, state your conclusion regarding the non- state.organization: (Chock one) ReclptentISubrecfplent:aG ---- Vendor: Exempt Organization: Comments: Print Name: r ili orhes Telephone Number: 8tc -•14t4 Tate: GrnnCl!apagar Signature: - �'' -� ; - Date: - � � ' eat Note it is the program personners responsibility to notify Finance and Accounting of which non -state organizations have been determined to be recipients and are receivingstate financial assistance (Le. disbursements must be coded as 7500 object code in.FLAIR). Nate a is possible to hove a contractual agreement t rich a non-slate organization under Chapter 287, Ftot de Sratutos, and 'still consider the non -state organization a recipient under the Fiar da Single Audit Act. If a recipientlsubrecipient relationship exists the standard contracteuditlanguage, Including Exhibit 1, must be included.in the document that established the States, recipient's. arsubrecipienrs 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 boon assigned, contact your FSAA State agency liaison or the Executive Ottice of the Governor, Office of Poacy and Budget. Budget hlanagerricnt Policy Unit at (850) 487 -3832 or Suncom 277 -3832. Reference may be made to Rute 27D -1, FAC. Revised.January 01, 2002 Form Number- FSAA CU- EXHIBIT B Page 33 of 100 MARATHON ANNEX DRYWALL REPAIRS ) Contract Number. Z,CCO2 FEDERALLY - FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a - suliavr.',rd may bo provided through any form of legal agreement, in ''vding an agreement that L^e pass•through entity considers a cent Oct As defne1 by 2 C F.R. §2C0 76, 'pass- ihraugh °tit/ means 'a non.Futioral a ntrty that provides a subay.ard to a Sub•Rccipient to carry cut ^•art et a Federal crograrn,' As defined by 2 C.F R. §200.93. 'Sub- Recipior•1' moans 'a next - Federal entity that receives a submvp. horn a pass - through entity to carry out part of a Federal progrant. As defned by 2 G.F.R. §20,' 2a, 'Federal e.varc means - Feoerar finenc al assistance that a non-Federal entity receiver. direcey from a Federal awardng agency ar indirectly lrem a pass- through Entity' As defined by 2 C. F.R §200.92. 'subaaare rruano 'an award pro-oded by a nns.•hrce:gh en.ity to a Sub- Recipient or the Sub-Recipient to carry cot part of a Fade tat award reC.oived by the pass - through entity_° The fallowing Informs cri a. plaided pars:rant to 2 C,F R. §21}^,331(al( 1)! Sub- Rec ipient's name: Menrce,nntintv Sub•Re p cnt's PA It .FIPS Numbcr. 087.99 97 -ft't Sub-Recl nt's unique entity identifier. 071171709 Federal Award 1de.abf aticn Ntsnt r (FAIti} 4a370RFLPIN WN Federal Award Dais: . 9.):4)(.7.)5 17 Subr and Period of Pcrformaace Start and End Date 911Q12017 - Q4'10f7.51$ Arneunt of Federal. Furdr. Obligated by this Agreement 1.2.85R Total Amount of Forarai Funds Obligated to the Sub- Recior.!nt by tee caps :ttcusgh entry to tnc:rd0 th Agreeinent ? t 535,9•: Total Amount of the Federal Award raunnttled to the Sim„ Reaptenl by the pass-through entity: R.55.3 535 94 Federal a•r:atd pro? :ct &esrrip:Ion (see FFATA) a nt,je Lccet Crovarrm debris resnnyatereeretricy protectn'o m mepAule.s_ust or lecernent of rtirrfcrr d:;mcged In ".Itkn Name c1 Fttdcra) awardira agency pet or Hornatarel S r Pj (DFtS1 Fr er ?! Ernerroncie hiznntiA Ao:mcy (FEs, j Name of ;5m:4-through entity. tidy Die icn of tmertwicy lAlgagetnent IFDEM) EXHIBIT B Page 34 of 100 MARATHON ANNEX DRYWALL REPAIRS Contact information for tie p ss.1rcJgh 2,158 $1.; n;a Oat: Blvd TnIIahtei.nre F�:7_39 '1OC Cat.ylog o! Federal Domestic Ass',tance (CF11A) Cumber er.4 Ciamo. 3: 036 Pytkie Assuan g Whether the aya d Ig Research 8 Deve tcprent p fl 11:•410C cost rate kir the Federal ; Naro: Si . e by 44 C -F R 7,97 5:tr1(a+ EXHIBIT B Page 35 of 100 MARATHON ANNEX DRYWALL REPAIRS 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;, 6. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub- Recipient upon the leans and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE. the DMsion and the Sub - Recipient agree to the following: (1) APPLICATION OF STATEIAL'J TO THIS AGREEMENT 2 C.F.R. §200.362 provides; 'Each state must expend and account far the Federal award in accordance with state laws and prams:Sures for expending and accounting for the stags own funds.' Therefore, section 215.971, Florida Statutes, entitt_;f - Agroomeres funded with federal or slate assistance', applies to thi : Agreement (2) LAWS. RULES, REGULATION ANL POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 G.F.R. Part 2Q0, entitled 'Uniform Administrative Requirentenis, 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 it A provision dividing the agreement into quantifiable units of delivereb.'es 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 detiverab e. A provision specifying the financial consequences that apply if the Sub - Recipient falls to perform the minimum revel of service required by the agreement. iv, A provision specifyiri that tho Sub - Recipient may expend funds'only for allowable costs resulting from obligations incurred during the Specified agreement period v. A provision specifying that any balance of unobligated funds which has been advanced e: paid must be refunded to the Division EXHIBIT B Page 36 of 100 MARATHON ANNEX DRYWALL REPAIRS 4 vi. A prov szm sp ecifying that any funds paid in excess of the amount to ...Mich the Sub - Recipient is entitled under the terms ord Conditions of the agreement must be refunded to the Division_ c. In addition to the foregoing. the Sub -Rec pient and the Divis:on shall be governed by all applicatee State and Federal Eves. rules and regulation*. 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) CONTAt T a. In accordance with section 215.971(2), Florida Statutes, the Division'* Grant Manager shall be responslb'e 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 hislner duties. the Grant Manager for the Civislcn shalt, Mahler and document Sub-Recipient performance. and - li. Review and document all deliverables for which the Sub - Recipient requests payment. ti, 'The Division's Grant Manager for this Agreement ire Liluita Forbes 2555 Shumard Oak Blvd. Ste. 360 Tallahassee. FL 32309 -2100 Telephone: 850 - 815 -4419 Ema1 Lilifita .Forbesigem.myticrida_com c The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is Laura de.Loach -Hartle 1100 Simonton St., Ste. 2 -213 Key West, FL 33040 -3710 Telephone: 305 - 292.4482 Email: Celoachharfe- faura;gt nrneccenty'Lgov d. In the event that different representatives or addresses are Cesignated by either party after execution of this Agreement. rotate of the name. title and address of the now representative Ana be provided to the other party it writing via letter or electronic email, It is the Sub - Recipient's responsibility to authorize its users in the FloncraPA.org website. Only the Authorized or Primary Agents identified on the Designation of Authority (Agents) in Attachrnent D may authorize addition or removal of agency users • EXHIBIT B Page 37 of 100 • MARATHON ANNEX DRYWALL REPAIRS 5 (4) TERMS AND CONDITION§ 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 tno parties. and attache to the orginal of the Agreement. In order or a Project to be eligible for reimbursement. a mcdirbcation to the agreement must be executed incorporating the Project as identified by number, budget. and scope of work. Projects nol included by modification will be inelicible for funding, regardless of Federal approval for the Project. (7) - ,4G 7f„e OF WORK. The Sub - Recipient shall perform the tirark in accordance weh the Budget anti Prcject Lrst Attachment A and Scope of Work, Deliverables and Financial Consequences - Attachment 6 of this Agreement (8) PERIOD OF AGREEMENT. This Agreement shalt be in upon execetion by both parties and shall end six (6) months from the date of declaration for Emergency Work (Categories A & 6) or eighteen (18) months from the date of declaration for Permanent Work (Categories GG). unless terminated earlier iR accordance with the provisions of Paragraph (17) of this Agreement Consistent with the definition of 'per Sod of performance' contained in 2 C.F.R. §200.77, the term 'period of agreement refers to the time during which the Sub - lit- crplent'may incur new obligations to carry out the work authorreed under this Agreement. In accordance with 2 C.F.R. §200.309. the SubRez zpienl may receive reimbursement under this A Sn ernerd cniy for 'avowable costs in:arred during the po of performance.' In accordance with section 215.971(1)(d), Fiona 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 iti 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 mcdificaticn in accordance with either Chapter 216. Florida Stature -s, or tie Florida Constitution. • c. The Division will reimburse the Sub•Reapient onfv for allowable casts Incurred by the Sub - Recipient in the successful completion of each deliverable. The maximum reimbursement amount ter each deliverable is outlined in Attachment A of this Agreement ('Budget and Project List'). The maximum reimbursement amount fc: the entirety of this Agreement is two million. eight hundred fifty -eight thousand. five hundred and thirty -five dollars and ninety -four cents (S2,858.535.94). EXHIBIT B Page 38 of 100 MARATHON ANNEX DRYWALL REPAIRS 6 d As required by 2 C F.R. §200.415(a). any request for payment under this Agreement must include a cenSf.cation, signed by an e+fficiel vrho is authorized to Irgelle bind the Seb- Recici an , which reads as fellows: By signing this report. 1 certify to the belt of my kno'rrtedge and Belief that the report is true, comp @ate. and :x: curate. and the expenditures. disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditicas of the Federal flWilfti 1 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 ca otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Seet.•cns 3729-3730 and 3801 - 3812).' e The Division will review any requeet for reimbursement by comparing the documentation provided by the Sub- Recipient In FlordaPA.org against a purformais;e measure, outlined in Attachment B. Scope of Wo :k, t)cllverabtes. and Financial Consequences. that clearly delineates: I. The requires: minimum acceptable levet of service to be performed; and, 11. The criteria for evaluating the successful completion of each deaverable, 1. The performance measure required by section 215.971(1)(b). Florida Statutes. remains censstent with the reeaulrement 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 oblective. agoirtst which actual achievement can be compared ' It also remains consistent with 1he requirement. contained in 2 C.F.R §200.301, that the Division and the Sub-Recipient 'relate financial data to performance accomp'rsements of the Federal award.' o. If nuthoreed by the Federal Awarding Agency. then the Division will reanburse the Sub - Recipient for overtime expenses in acoo:dance with 2 C.F.R. §200.430 ( personal services') and 2 C.F R. §200.431 CC ompcnsaticr fringe benefes'). if authcdized by the Federal Awarding Agency, and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when ne work is performed due to vacation. holiday, Illness. failure of the employer to provide sufficient work. or other simater 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'aitowances 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 raw. Sub- Recipiint- employee agreement, or an established policy of the Sub -Rea pion:. 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 absencea from the job, such as for annual Leave, family - related leave. sick leave, holidays, court reeve, military leave, administrative leave. and other similar benefits. are allowable if ati el the fcaowing criteria are met: I They are provided under established written leave poli„ie 11. The costs are equitably allocated to all related a;tivites, Including Federal awards: and. EXHIBIT B Page 39 of 100 MARATHON ANNEX DRYWALL REPAIRS 7 iii. The accounting basis (cash or accrual) selected for costing each type of leaves; Is consistently fo "moved by the non - Federal entity or specified grouping of emp!oyces. h. If authorized by the Federal fe.verdi. rg Agency. then the Division will reimburse the Sub - Recipient for travel expenses In accordaeco with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement fcr travel must be in accordance v. th section 112.061. Florida Statutes. wheel includes submission of the c!^im on the approved state travel voucher. if the Sub. Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.001(6)(b), Florida Statutes (S6 for breakfast, Sit for lunch, and 519 fcr dinner), then the Sub - Recipient must provide documentation thee t. The costs are reasonable and do not exceed charges normally allowed by the Sub - Recipient i :its regular operations as a result of the Sub - Recipient's %vnttun travel policy and. u. 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 an funds received against a :I funds expended during the grant agreement period and produce a final reconciliation repot. The final report must identity any funds paid in excess of the expenditures incurred by the Sub- Recip- 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 thot was made in an Incorrect amount (Weeding overpayments a^ 1 underpayments) under statutory, contractual, adminstrativu, or other legally appllcabte reeuuernents: and, lit Any payment to an ineligible party, any payment for an ine!Ig:blc good or service. any duplicate payment, any payment for a good or service not received (except for such payments where authorized by taw). any payment that does not account for credit for applicable discounts; and any payment where rnsuffii ent or rack 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 Divis on. or any of their authorized representatives, shall enjoy the right of access to any documents, papers. or other recccds of the Sub - Recipient which are pertnent to the Federal award. in order to make and s: 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 discussicn related to such documents. FineIly, the right of access is net 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 Stale of Florida. the Florida Auditor General, or any of their authorized representatives. shall enjoy the fight 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. EXHIBIT B Page 40 of 100 MARATHON ANNEX DRYWALL REPAIRS 8 The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion :elated 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- §200.333.1110 Sub - Recipient shall retain sufficient records to show its compliance with tho terms of this Agreement. as well as the compliance of it subcontractors or consultants paid from funds under this Agreement. for a period of f (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 unlit all frfgation, claims. or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub - Recipient is noldred 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, rig. Records for real property and equipment acquired with Federal funds must be retained far 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 -Rec piont. v, Records for program income transactions alter the period of performance_ In some cases recipients must report program Income attar the period of performance_ Where there is such a requirement. the retention period for the records pertaining to the earnieg of the program income starts from the end of the non - Federal entity's fiscal year in which the program income is earned vi. Indeed cost rate proposals and cost allocations plans This paragraph applies to the foe s eying types of documents and th a supporting records: incfhrect cost rate computations or proposals, cost allocation plans :and any ssnilar accounting ccenput :lions of the rate at which a pi'trticeter group of costs is chergeabto (such as computer usage chargeback rates or composite fringe benefit rates). d In accordance with 2 C.F.R. §200.334. the Federal avvardtng agency must request transfer of certain records to its custody from the Div;sein or the Sub - Recipient when it determine 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 then an original and two ccples. When prieinal 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 fortis of electronic media provided that they are subject to periodic quality Control reviews. provide reasonable safeguards against alteration, and remain readable. EXHIBIT B Page 41 of 100 MARATHON ANNEX DRYWALL REPAIRS 9 f. As required by 2 C.F.R. §200.303, the Sub - Recipient shalt take reasonable measures to safeguard protested personally identifiable Information and other information the Federal awarding agency or the Division designates as sensitive a: the Sub-Recipient considers sensitive consistent with applicable Federal. slate, local. and tribal taws 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: (t) meetings of public boards or commissions must be open to Iho public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere re a pt 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 appt „s to private entities that provide services to governmental uJoncies and that act on behalf of those agencies in the agencies performance of then public duties. If a public agency delegates the perfcrmance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in Iha Sunshine Law applies. For example, if a volunteer Fare dopariment provide: firefighting services to a governmental entity and us s 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 tho Seb- Recipi t based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing beard 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 meeti;tas shall be public records, available to the pub&c in accordance with Chapter 119. Florida Statutes h.. Florida's Public Records Law provides a right of ac oss.to the records of the state and local governments as well as to private entities acting on Choir behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (er a private entity acting on beha`t of such an agency) in conjunction vith official business which are used to perpetuate, communicate. cv formalize.knowledge qualify as public records subject to pub -`ic inspection_ The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity '..:thin the ambit of the public record requirements. However. when a pubic entity delegates a public function to a private entity. the records generated by the private entity's performance of that duly become pubic records. Thus. the nature and scope of the services provided by a private entity determine tiv,`tether 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 Sob- Recipient shall maintain ad records for the Sub - Recipient and for all subcontractors cr consultants to be paid kern funds provided under this Agreement, Including documentation of all program posts. in a form suffzient to determine compliance with the requirements EXHIBIT B Page 42 of 100 MARATHON ANNEX DRYWALL REPAIRS In and obfectives of the Budget and Pr oject List - Attachment A. Scope of Work - Attachment B. and all other applicable laws and regulations_ (11)AUDITS, a. The Sub - Recipient shaft 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 ( As defined by 2 C,F.R §200.49. GAAP'has the meaning specified do 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, shat use Generally Accepted Government Auditing Standards ('GAGAS "). As defined by 2 C.F.R. §200.50. GALAS, 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 thot all or any portion c! the funds disbursed wore 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 se ion 215 97(2)(l ». Florida Statutes. as an Independent certified public octountant licensed under chapter 473.° The independent auditor shall state that the audit complied vith the applicable provisions noted :above. The audit must be received by the Division no tater than nine months !ran the end of the Sub- Rpcip!ent's fiscal year i, Tho Sub- Recipent 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. DEMSrr.gte_Audil e@em.myflorida.corn OR Office of the inspector General 2555 Shcmard Oaf Boulevard Tallahassee. Florida 3239S•21C3 g. The Sub - Recipient shat send the Single Audit reporting package and Form SF -SAC to the Federal Audi: Ctearingho:ise by submission online at http://harvester.census.gov/fackeilectfddeindox.html h. The Stab- Recipient shall send any management letter issued by the auditor to the Division at the following address: EXHIBIT B Page 43 of 100 MARATHON ANNEX DRYWALL REPAIRS I1 DEMSingle_Audit@enamyilorida.com OR Office of the Inspector General 2555 Shumard Oar. Boulevard Tallahassee. Fronds 32393 -2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub- Recipient shall provide the Division wlh quarterly reports and a close -out repeat. These reports shall include the current status and progress by the Sub - Recipient) and all subcontractors in completing the York described in the Scope of Work and the expenditure of funds under this Agreement, is addition to any other Informattcn requested by the Division b. Quarterly reports are due to Iho Division no later than 30 days after the end of each quarter cf the program year and shall be sent each quarter until submission of the administrative dose- cut report. The onding dates for each quarter cf the program year are March 31, June 30. September 30 and December 31. c. The croscaut report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement v tt chever first occurs d.. If all required reports and copies are riot sent to the Division or are net 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 Divis'an' means that the work product was completed in 2Ccocdaace with the Budget ant. Project List - Attachment A, and Scope of Wcrk - Attachment B. e- The Sub- Recipient shall provide additional program updates or information that may • be required by lire 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 weft as that of its subcontractors andior consultants who are paid from funds provided under this Agreement, to ensure that time schedules arc being met,. the Schedule of Deliverables and Scope of Work are being acct npfished within the specified time periods, and ether perfcrinance goals are being achieved A review shall be done for each furnchcn or activity in Attachment B to this Agreement and reported in the quarterly report. b, In addition to reviews of audts. monitoring procedures may include, but not be limited lo, cn -site visits by Division staff, limited scope audits, andior other procedures. The Sub - Recipient agrees to comply and cooperate with any monitoring proccduresrprocesses deemed appropriate by the Division. In the event that the Division determines that a limited scope audit cf the Sub - Recipient is appropriate. the Sub - Recipient agrees to comply vith any additional lnstructicns provided by the Division EXHIBIT B Page 44 of 100 MARATHON ANNEX DRYWALL REPAIRS 12 to the Sub - Recipient regarding such audit. The Sub•Recipient further agrees tit) 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 contact term to ensure timely comptet an of all tasks. (14)LIABILITY a Unless Sub- Rec_ipien: Is a State agency or subdivsion, as defined in section 768.2842), Florida. Statutes, the Sub - Recipient is solely responsible to patties it deals with In carrying out the terms of this Agreement; as authorized by seet`on 766.2£(19), Florida Statutes. Sub - Recipient shall hold the Division harmless against all claims of whatever nature by third parties arsing front the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is riot an employee or agent of the Division, but is an independent.cantractor. b. As required by se ~ion 768.28(18), Florida Statutes, any Sub - Recipient which Is a state agency or subdivision. as defined in section 766.28(2), Flora Statutes. agrees to be fully responsible for its aeglgent or tarficus 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. emissions to the extent set forth on Section 766.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub - Recipient to which sovereign immunity applies. NOihing herein shall he construed as consent by a state agency or subdivision of the Stale of Florida to be sued by third parties in any matter arising out of any contract (15)DEFAULT. If any of the following everts occur (`Events of Default "). all obligations an 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): how ver, the Division may make paymens or partial payments alter any Events of Default withcul waiving the nght to exorcise such remedies.. and w4hout becoming liable to make any further payment it: 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 rrtyte ading in any respect, or d the Sub- Recipient fads 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 31 any time during the term of this Agreement and the Sub- Recspient fails to cure this adverse change within thirty days frc.rn 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 inforrriatian; or d. The Sub - Recipient has failed to perform and complete on time any of its obligations under this Agreement. EXHIBIT B Page 45 of 100 MARATHON ANNEX DRYWALL REPAIRS 13 (16)RF_,riFiIES. If an Event of Default occurs. then the D shall, altar thirty calendar days written notice to the Sub - Recipient and upon that Sub-Recipients failure to cure_ within those thirty days, exercise any one or more of the foilowing 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 cuss mail, poster:* prepaid, by registered ar certified matt- 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. Wtthhcdct 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. Q. Exercise any corrective or remedial actions. to Include but not be limited to: I, Request additional information from the Sub - Recipient to dolermine the reasons for or the extent of non- compliance or tack of performance, i. Issue a written warning to advise that more serious measures may be taken if the situation is.not corrected, ili. Advise the Sub - Recipient to suspend- discontinue or refrain from it curring casts for any activities in question or iv. Require the Sub- Recipient to reimburse the Divisicn for the amount of costs incurred for any items determined to be ineligible: f. Exercise any other rights or remedies which may be avaitabre under law. Pursuing any of the above remediest. 1 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 Pater exercise of the seine right or remedy by the Diviskto for any other default by the Sub - Recipient. (17)TERMINATION. a The Division may terminate this Agreement for cause atter thirty days written notice. Cause can include misuse of funds, .fraud. tacit of compliance with appiicobfo rules, taws and regulations, • failure to perform on time. and refusal by the Sub - Recipient to permit public access to any document. oper. letter, cr 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 bene1ciat results in tine with the further expenditure of funds, by providing the Sub - Recipient with thirty (30} carendar days prior written • notice. EXHIBIT B Page 46 of 100 MARATHON ANNEX DRYWALL REPAIRS 14 c. The parties tray agree to terminate this Agreement for their mutual convenience thrcuegh a written amendment of this Agreement: The amendment will state the effective date of the termination and the procedures for proper closeout of tho Agreement. d. to the event that this Agreement as terminated, the Sub - Recipient will not incur new obligations for the terminated portion of the Agreement after tho Sub - Recipient has•recoivod the notification of termination, The Sub - Recipient wilt Cancer 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 taw withhold payments to the Sub - Recipient for the purpose of set -off until the exact amount of damages due the Division irern the Sub- Rebpicnt is determined. (i8)PROCURFfy1ENT a The Sub - Recipient shall ensure that any procurement involving funds authorized by the Agreement compt'es with all applicable federal and state taws 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 tho following, rationale for the method of procuryunteat selection of contract type. contractor selection or rejection, and the basis for the contract price.' c. As required by 2 C,F,R. §263.318(1), the Sub - Recipient shall - marrtta:rat overs}2ht 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 thls requirement, the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performirg work under this Agreement. d Except for procurements by mlvo- p:arcdaases pursuant to 2 C.F.R. §200.320(x) or procurements by small purchase procedures pursuant to 2: C.F :R.. §200 ;3201b), it the Sub- Rec ipient chooses to subcontract any of tae work required under tins Agreement. then the Sub-Recipient shall forward to to Division a copy of any solicitation (whether competitive non - competitive) al least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation ano provide comments. if. any, t0 the Sub - Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division wit, review the solcitation for compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as Appendix 1 ! to 2 C.F.R. Part 200 Consisted tvittr 2 C.F.R. §200.318410. the Division will not substitute its judgment for that of the Sub - Recipient. While tho Sub - Recipient does not need the approval of the Division in order to publish a comp4ititive 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 sollralion. Regardless of the Division's review, the Sub - Recipient remains EXHIBIT B Page 47 of 100 MARATHON ANNEX DRYWALL REPAIRS I5 bound by all applicable laws, regulations, and agreement terms: if during as review tho Division identifies any deficiencies, then.the Divisnn shag cammurecate those deficiencies to the Sub- Recipent as quickly a� pessibse within the bare, (3) business day window outlined above. It the Sub - Recipient pub'tshes a competitive solicitation after receiving comments from the Division that the soliciIatioa is deficient, then the envision may. i. Terminate thcs 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 mlcro-purthases pursuant to 2 C.F R. §200.320(x) 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 acne required under this Agreement, then the Sub- Recipient shall forvrard to thoDivision a espy of any contemplated contract pricy b contract execution. The Divisions shag review tho unexecuted contract and provide comments, if any, to the Sub - Recipient within three (3) burliness days. Consistent with 2 C.F,R, §200,324. the Division will review the urexecutsd contract for comphanrte v.ith the procurement standards outlined in 2 C.F,R, §5200.31 through 200.326,as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F,R, §200.319('x,), the Division will not substitute its lodgment for that of the Sub -R pient. While the Sub - Recipient does not need the approval of the Division in order to exewto a subcontract, this review may allow the Div to identify deficiencies in the terms and conditions dine subcontract as suet! as deficiencies in the procurement process that led to the subcont. The Division's review and comments shall not constitute an approval of the subcontract. Re>gardiess of the Divisions review, the Sub - Recipient remains bound by all applicable laws, regulations. and agreement terms.. If durine its review the Division 'identifies any deficiencies, then the Division shalt communicate those . deficiencies to the Sub - Recipient as quickly as possible within Rut throe (3) business day window outlined above If the Sub- Recipient executes a subcontract after receiving a communication !rem the Division that the subcontract 4 noncompliant. then tae Division may i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above;. and, it Refuse to reimburse the Sub- Recipient for ony costs associated with that subcontract 1. The Sub•Recipiortt agrees to inctude in to subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by au applicable state and federal laws and regulations. end (iii) the sul:eontractor shall hold the Division and Sub - Recipient harmless against a0 claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,.tc the extent allowed and required by law, • EXHIBIT B Page 48 of 100 MARATHON ANNEX DRYWALL REPAIRS 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 se'- ection. award.and adntinistratbon of contracts.' h. As required by 2 C.F.R. §2CO3319(a)- the Sub - Reciplent shall conduct any procurement under this agreement in a manner p:ovzfing full and open compeli;ic n,' Aceerdingly.. the Sub - Recipient shall not: i. Place unreasonable recideer ens on firms in Order for them to qualify to do business: ii Require unnecessary experience cr excessive bonding; Use noncompetitive pricing practice• between firs w between affMMated companies :' iv. Execute noncompetitive contracts to consultants that are on retainer contracts, v. A:.thorize.'condorre, or ignore organizational conflicts of interest; vi. Specify only a brand name product without aI o . rg yowlers to offer an equivalent, vii. Specify a brand name product instead of describing the performance. specifications, or other relevant requirements that pertaln to the commodity or service solicited by the procurement: viii . Engage in any arbitrary action during the. procurement process; or, ix. Aeow a vendor to bid on a contract if that bidder was.irvolvoti with developing or Wetting the specifications, requirements, statement of work, invitation to bxi, or request for Proposals '(Ejxcept in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Sub•Recip:ent. as required by 2 C -F:R. §200.318(b), shat] not use a geographic preference when procuring commodities or services under this Agreement. i. The Sub - Recipient shalt conduct any procurement involving invitations to bid (i.e. seated bids) in accordance weh 2 C.F.R. §200.32Cfc) as well as section 287.067(1)(a), Florida Statutes. k- The Sub - Recipient shall conduct any procurement involving requests for proposals (l.e. competitive proposals) in accordance with 2 C.F.R. §200.320(©) as well as section 267.057(1)(b), Florida Statutes. I. For each subcontract, the Sub- Recipient shall provide a 'mitten statement to the D ivision as to whether that subcentractcr is a minority business enterprise. as defined in Section 268 703, Florida Statutes. Additionally. the Sub - Recipient shall comply with the requirements_ of 2 C.F,R_ §200.321 ('Contracting with moll and minority busrness$s. women's business enterprises, and Libor surplus -area firms"). (19)ATTACHMENTS EXHIBIT B Page 49 of 100 MARATHON ANNEX DRYWALL REPAIRS 17 a. All attachments to this Agreement are incorporated as if set out fully. b. in the event of any inconsistencies or conflict between the I.arguage of this Agreement and the attachments, the language of the attachments shall centre!, but only to the extent of Me conflict or inconsistency. c. This Agreement has the foilcwing attachments: i. Exhibit 1 • Funding Sources ii. Attachment A - Budget and Pro,Iect List iii, Attachment 8 - Scope cf Work, Deliverables, and Financial Consequences hr: Attachment C - Certification Regarding Debarment v_ Attachment D - Designation of Atrihority vi. Atiashmtnt E - Statement of Assurances vii. Attachment F - Elect }on to Participate In PA Aiternative Procedures (PAAP) viii. Attachment G -- Public Assstance Program Guidance ix. Attachment H - FFATA Reporting x Attachment I - Mandatory Contract Provisions x.. Attachment J - DNS OIG Audit Issues and Acknowledgement xil Attachment i( - 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 Stlatut s . Aft advances are required to be held in an interest - bearing account unless otherwise geverned by program specific waiver. If an advance payment is requested, the budget data on vwhich the request is based and a justification statement shell 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. My advance funds not expended within the fast ninety (00) days of the contract term must be returned to the Division Cashier within (30) days, atone with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has teen paid prior to the submittal of a request for advanced payment. After the E•sit:al advance, if any, payment shall be made or. a reimbursement basis as needed. b. invoices shall be submitted at feast quarterly and shall include the supporting documentation for all costs of the protect or services. The final invoice shall be submitted lasfhirt thirty (30) days alter the expiration date of the agreement or completion of apptiicabie Prcject, 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 roporfing as referenced in Paragraph (12) of this Agreement. c If the necessary funds are not available to and this Agreement as a result of action by the United States Congress, the federa !Office of Marzagernent and Budgeting, the Stale Chef EXHIBIT B Page 50 of 100 MARATHON ANNEX DRYWALL REPAIRS 18 Financial Officer or under subparagraph (9)b. of this•Agrcement, all obligations on tho pact 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 DMsioa. (21)REPAYMENTS a. At refunds or repayments due to the Division under this agreement subject to the exhaustion of appeals, are due no later than thirty (2.0) days notification by the Division of funds due_ FEMA only a:fckvs thirty (30) days from deobligrstian 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 Ihu State Is satisfied, In such event, the Recipient wit notify the Sub - Recipient via the entry of notes fn FforidaPA.arg c, At refunds or repayments due to the Division under this Agreement are to be made payable to the order cf'Divds on of Emergency Management', and directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Ta>ehassee FL 32399 -2100 d, In accordance with Section 215,34(2), Fronde Statutes. if a check or other draft is returned to.the Division for collection, Sub- Recipieat'shall Ray the Division a service fart of $15.00 or 5% of the face amount Of the returned check or draft, whichever is greater. (22)MANr ATPp 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 xDivision request, or in any submission cr response to fugal the- requirements of this Agreement All of said information. representations. and materials are incorporated by reference. The inaccuracy of the submissions or any motorist changes shall, at the option of the Division arta with thirty days w note 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 lays of the State of Florida, and venue ler. any actions arising out of this Agreement shalt be in the Cr call Court of teen County_ If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable. than the provision shall be null and void to the extent of the conflict, and shall be severabre. but shall not lnvandate any ether prevision of this Agreement. c Any power of approval or d4approval granted to the.t3ivicion under the terms of this Agreement shall survvve the term of this Agreement. EXHIBIT B Page 51 of 100 MARATHON ANNEX DRYWALL REPAIRS 19 d. The Sub - Recipient agrees -to comply with the Americans With Disabit4ies Act (Public Law 101-335. 42 U.S.G. Section 12101 gt seq), which prohibits discrimination by public and private entities on the basis.of disability in employment, public accommodations, transportation. State and total government serri :es, and telecommunications. e, Those who have been p!,e_ed on the convicted vendor list following a conviction fora public entity crime or on the discriaena„te}r r vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bird on a contract with a public entity for the construction ca repair of a public budding cr public work, may not submit bids on leases of real property to a public entity. may not be awarded or perform woes as a contractor, supplier, subcontractor, or consultant wider a contract with a public entity. and may not transact business with any public entity In excess of 525,030,00 for a period of 36 months from the date of being placed an the convicted vender fist or on the discriminatory vendor list 1. Any Sub - Recipient which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and betef, Mot i; and its pnntipals: i Are not presently debarred. suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered tray sections by a federal department or agency; ii. leave not, within a rive -year period preceding this proposal been convicted of or tied a civil judgment rendered, egainst there 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 et embezzlement, theft forgery, bribery. felsific tion or destruction of records.. making false statements, or receiving stolen property; iii, Are not presently indicted or otherwise criminaly or civ,lly charged by a governmental entity (federal. state or focal) with commission of any offers enumerated in paragraph (22)1, ii, of this certificaken:. 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 statemente in this certification. then the Sub - Recipient shalt attach an explanation to this Agreement h. In addition, the Sub - Recipient shaft send to the Division (by email or by • facsimite 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- Recfplent enters into a contract with any subcontractor. L me Division reserves the nght to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters cr other material subject to the EXHIBIT B Page 52 of 100 MARATHON ANNEX DRYWALL REPAIRS 20 provisions of Chapter 111. Fonda l Statutes. which the Sub -Recpk nt created or received under this Agreement. j. If the Sub•Recipiond is allowed to temporarily Invest any advances of funds under ttus Agreement, any interest income shalt either be returned to the Div or be applied against the Division's obligation to pay the contract amount unless othervrise governed by program specific waiver R. The State of Florida will not intentionally award publicly4unded 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')J. 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. L Ail unmanufactured and manufactured articles. mat0riatr and suppces 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 4 would not be in tha public interest or unreasonable in cost. (23)LOBBYING PRQRIB1TION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.247, Florida Statutes prohibits any disbursement of grants and aids appropriations purStIant 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, tho judicial branch, cr a state agency.' c, No funds or other resources reccovod from the Division under this Agreement may to used directly or indirectly to influence legislation cr any ether official action by the Florida Legislat:rro or any state agency. d. The Sub-Recipient certifies. by Its signature to this AgreemerlL that to the best of ha cr her frno:ledge end bofief: i No Federal appropriated funds havo been paid or will be paid. by or on behalf of too Sub- Recipient, to any person for influencing c.ing 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 ccoperalive agreement. and the extension, continuation, renewal, amendment or modification of any Federal Contract, grant, loan or cooperative agreement, ti. If any funds other than Federal nporopriatod 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 Cororess, an officer or employee of Congress, or an employee of a Member of Congress in EXHIBIT B Page 53 of 100 MARATHON ANNEX DRYWALL REPAIRS connection with this Federal contract; grant. loan es cooperative agreement, the Sub - Recipient shalt complete one submit Standard Form-CLL. "Discloeuro of Lobbying Activities." In accordance with its instruct.cis, iii, The Sub - Recipient shalt require that this t:ertifscdton be included in the award documents for all nut yards at all tiers (including subcontracts. sub-grants. and contracts under grants. loans. and COOporative agreements) and teat all Sub - Recipients shall certify and disclose accordingry. iv. This certificeeticn is a material representation of fact upon which reliance was ptaced when this transaction was made br entered into. Submission of this certification is a prerequieee for making or entering into this transaction imposed by Section 1352. Title 31, U.S. Cade, Any person who farts to file the required certification Shari bo subject to a civil penalty of not fess than S10,000 and not more Iran 5100,000 for each such fa;;ure. (24)COPYRICHT PAST IT 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 untess the Agreement provides otherwise. b. If any discovery or Invention is developed in the coarse of or as a rosuft of work or services performed under this Agreement„ or in any way connected with 11. the Sub - Recipient shall refer the discovery or invention to then Division for a determination whether. the State c` Florida will seek patent protection in its nano. Any patent rights accruing under or in connection with the pertormance of this Agreeme: t are reserved to the State of Flcride. If arty books, manuals, figs, or other copyrightabte material are produced, the Serb-Recipient shaft notify the Division Arty copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub - Recipient to the State of Ronda. c- Within thirty (30) days of execution of the Agreement. thtt Sub .Recipient shall disclose an intellectual properties relating to the perftxmance of the Agreement which he or she knees or should know could give rise to a patent or copyright. Tree'Sub-Recipien: shall retain ail rights and entitlements to any pre - existing Inteliectuat property which is disclosed. Failure to disclose will iedicate 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- Reciplent qutalifies as a state university under Florida law. then, pursuant to section 100.4.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- . EXHIBIT B Page 54 of 100 MARATHON ANNEX DRYWALL REPAIRS Recrptent shall become the solo property ct the Sub - Recipient. In the case of taint invention;, that is inventions made jointly by cne or more employees of both parties hereto, ecolti 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 wa 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. 125)LEGAL ALfl IORIZATION. The Sub - Recipient cedillas that it has ttie Legal authority to receive the funds under this Agreement and that its governing body has authorized tho execution and acceptance of this Agreement Tho Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub- Recpient to the terms of this Agreement (26)P OVAL OPPORTUNITY EMPLOYMENT a. In accordence with 41 CFR §6O.t,41b), the Sub - Recipient hereby agrees that e will incorporate or cause to be incorporated Into any contract for construction work, or mcddication thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter SO, ....tech is pad for in vr1`ale 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, at guarantee. or undertaken purseatant to any Fecleraf program involving such grant, contract. loan, insurance, or guarantee, the following equal opportunity clause During the performance of tills contract, the contractor agrees as follows: t. The contractor will not dls_riminace against any employee or applicant for employment because of race, ccllar, religion. sex, or national origin The contractor visa take affirmative action to ensure that appliear+is rrro 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 fotr< lrtg: employment, upgrading. demotion, or transfer; recruitment or recruitment advertising: layoff or termination; rates of pay cc 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 nondiscriminaticn clause. 11. The contractor will, in all soFcitations or advertisements for employees placed by or on behalf of the co:itrotor, state that all qualified applicants will receive considerations for employment wdhout regard to race, color, religion sex. or national engin- iii. Tho contractor will send to each labor union or representat re of workers with which he has a collective bargaining agreement or other contract or understanding. a notice to be provided advising the said tabor union or workers' representatives of the contractor's commitments under this section, and shalt post copies of the notice in conspicuous place • available to employees and applicants for employment. EXHIBIT B Page 55 of 100 MARATHON ANNEX DRYWALL REPAIRS 23 iv. The ccntractor will comply with all provisions of Exd3_utive Order 11246 of September 24, 1965, and of the rul es. 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, 1665, and by rules. regulations, and orders of the Secretary of Labor, cr pursuant thereto, and will permit access to his backs, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain ccstpliance with such riles, regulatiens, and orders, vi. In the event of the contractor's noncompliance wilt} the ncsndiscriminatZen clauses of this contract or with any of the said nrles, regulations, or orders, this contract may be cariceed. terminated, Or suspended in whce dr in pert and the contractor may be declared ineligible for further Government contracts er federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24. 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965. or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by taw. vii, The Contractor will include the portion of the sentence immediately preceding paragraph (1) and ttte provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of Me Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provstons will be binding upon each subcontractor or, vendor. Tee: 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 sanCtiorrs for noncemmplience: provided, however, that in the event a contractor becomes involved in. or is threatened with. litigation with a subcontractor Of vendor as a result of sttch direction by the administering agency the contractor may request the United Stales to enter into such litigation to protect the Interests of the United Stales. 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 panc,pates in federally assisted construction work. prayed, that if the applicant so participating is a State or Iccal government. the above equal opportunity clause is riot applicable to any agency. instrumental „y or subdivision of such government which does not participate in work era 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. regutations, - 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 veil otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. • EXHIBIT B Page 56 of 100 MARATHON ANNEX DRYWALL REPAIRS 24 d. The Sub Reepient further agrees that dt will refrain from entering isto any contractor contract modification subject to Executive Order 11246 of September 24. 1985, with a contracoor debarred from, orwho 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 S` crotary of Labor pursuant to Par111, Subpart D of the Executive order. In odddion, the. Suns - Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following action^,, cancel, terminate. or suspend in vitiate or in part this grant (contract. loan. Insurance, guarantee); refrain iron 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 to ,at proceedings, (27)COPELAMD ANTI 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 shrill comply with 18 U.S.C. § 874, 40 U.S.C. § 3145. a:id the requirements of 29 C.F.R. pt. 3 as may be applicable, which are Incorporated by reference into this contract. If. Subcontracts. The contractor et subco-^.treettcr shall insert, in any subcorttrxts 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 subzontractor or lower her subcontractor with alt of these contract cfrersCS. . rte, Breach. A breach of the contract classes aDovo 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)CgN T RACT WORK HOURS AND SAFETY STANDARDS tf the Sub- Recipont, with the funds authorized by this Agreement. enters into a contract that exceeds $100.000 and involves the employment of mechanic or laborers, them any such contract must include a provision for compriane with 40 U.S.C. 3702 and 3704. as supplemented by Department of Labor regutaticns (29 CFR Par, 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 o standard work week of forty (40) hours. Work in excess of the standard work week is permkssibte provided that the worker k 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) tours In the work week, The requirements cf 40 U. S.C. 3704 are applicable to construction work and prove that no laborer or mechan;r Most be required to work in surroundings or under wcrk.;ng conditions which are unsanitary, hazardous or dangerous: These requirements do not apply to the EXHIBIT B Page 57 of 100 MARATHON ANNEX DRYWALL REPAIRS 25 purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transpartatron_ (29)CLEAN l,- ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub- Reclpieat. ve tth the funds authorised by this Agrc- ement, enters into a contract that exceeds S150.000. then any such contract must include the fallowing provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U,S.C. 7401- 76671q) 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)SUSPENFION AND DEBARMC, J 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, Those regulations restrict awards. subawards, and contracts with certain parties that are debarred, suspended. or olhervise excluded from or ineligrle for participation in Federal assistance programs or actNities. if the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract, the any such contract must include the following provisions_ I. This conlraet 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 novae 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 comps, 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. 111. This certification is a material representation of fact retied upon by the Division. If it is late: 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 availeble.to the Division. lire Federal Government may pursue avaitable remedies, [needing but not limited to suspension andrer debarment. N. The bidder cr proposer agrees to comply vdth the requirements of'2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt 3000. subpart C while this offer Is void and throughout the period of arty contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such Compliance In its borer tier covered transactions. (31)5YRO ANTI- LOR8YING AMENDMENT If the Sub- Recipent, with the funds authorized by thin. Agreement, enters Into a contract: then any such contract moist incrole the feeowinc clause: Byrd Antl- Lobbying Amendment 31 U.S.C. § 1352 (as amr dud) Contractors who apply or bid for an award of 5100.000 or more shad file EXHIBIT B Page 58 of 100 MARATHON ANNEX DRYWALL REPAIRS 26 the required cortifi;stfon.' Each tier certifies to the tier above that It vr3l 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 employe-a 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 shalt also disclose any lobbying with non - Federal funds that lakes place in connection with obtaining any Fedoral award, Such disclosures aro forwarded from tier to tier up to the recipient. (32)COJTRACTIteG WITH SMALL AND MINQRITY BUSINESSES, t^ O jEN'S BUSINFS NTERPR!SES. 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. §200,32I, the Sub- Retpient shalt take the following affirmative steps to assure that minority businesses. women's business enterprises. arid labor surplus area firms are used whenever passible; i. Placing qualified small and minority businesses and womens business enterprises on solicitation lists: ii, Assunng that small and minorty bus?nesses, and women's business enterprises are solicited whenever they are potential sources; lit. Divding total requirements. viten econ c�m i ally feasib;e, into smaller tasks or quantities to poormit maximum participation by smart and minority businesses, and women's business enterprises: iv. Establishing delivery schedules, ythrt n the requirement permits, which encourage partly pation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropritge, of such organizat ors as fho 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 1. through v. of this subparagraph b, The requirement outlined in subparagraph a. above, sometimes referred to as 'socioeceoomlc 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 pact pp,ument the six dffiunatnre steps Identified above. c The 'socioeccnom a contracting' requere tent outlines the affirmative steps that the Sub•Recieient must take.; the requirements do not preclude the Sub - Recipient from undertaking additional .strips 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 EXHIBIT B Page 59 of 100 MARATHON ANNEX DRYWALL REPAIRS 27 smaller components in order to circumvent the micro- purchase or smart purchase thresholds so as to utilize streamlined acquisiton procedures (e.g. "project splitting'). (33) .SS FIANCES. The Su•Recipient shall comply with my Statement of Assurances incorporated AS Attachment E EXHIBIT B Page 60 of 100 MARATHON ANNEX DRYWALL REPAIRS zs IN WITNESS WHEREOF, the parties hereto have exe this Agreement. SUB- RECIPIENT: MONROE COUNTY <:/9. < {SEAL) ! ` � . AM=a EVIN %ADMK CLERK Sy: ;` Nate and title: DAN" 1 t<� c.e m.4.- DEPUTY CLERK bats: ht ,,,.4. 1 Z, z n ib r____ FEtD# 59- 600074g • STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT I �N me. , Tii;s: Wesley Maul. Director �! VHSo.t cAlL_ 4 {r Dote: q ' � _ I $ • MONROE COUNIYATCORItEY ARRIVED AS TQ EORM ,( CUlRtSTLNE LIM BAT -t ARROWS ASSISTANT Ctit AT OR*JEY DATE -= i'?I'f -�' I _ EXHIBIT B Page 61 of 100 MARATHON ANNEX DRYWALL REPAIRS 29 • EXHIBIT .-1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB - RECIPIENT UNDER TH IS AGREEMENT: Federal Program Federal agency; Federal Emergency Management Agency: Public Assistance Program Catalog of Federar Domestic Assistance: 97,0 Amount of Federal Funding: S 2.656.535.94 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THtS AGREEMENT: • 2 C.F,R. Par, 200 Uniform Administrative Requirements, Cosi Principles, and Audit Requirements for Federal Awards • 44 G.F.R. Part 2CS • The Robert T. Stafford Disaster Reef and Emergency Assistance Act. Pubt c Law 93 -256. as amended, 42 U.S.C. 5121 et seq., and Related Authorities . FEMA Pub. c Assistance Program and Policy Guido. 2017 On effect for incidents declared on or afte: April 1, 2017) Federal Program' 1- Sub - Recipient is to use fending te.perfcrm ergible activities in accordance with the Public Assistance Program and Policy Guide. 2017 and approved Project L'Wor'rsheet {sj Eligible work is classified into the. following categorios Emergency Work Category A- Debris Removal Category 8: 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: Park:,. Recreational, and other Facilities 2. Sub•Recitsient is subject to all administrative and financial requirements as set forth in this Agreement, or will be In 'Aeration of the terms of the Agreement. NOTE: Section 24 t(a)(1Y cJ 2 CPR, as rovisod,_ and Section 215 9 . 7 (5)fa), Florida Statutes, require that the tnformaWn abort firh:era■ Programs and State. Projects incirrrleci on pg. t of this subgrant ag✓eornorrr rind in Exhibit 1 be provided to thrt Sub•Rcerpfnnt. EXHIBIT B Page 62 of 100 MARATHON ANNEX DRYWALL REPAIRS 30 Attachment. A Budget and Project List Budget: The Budget of this Agreement is Initierty determined by the amount of any Project Wctr'Kshcrt(s) (PW) that theFederal Emergency Management Administraticn (FEMA) has obligated for a Sub•Reciptcnt tt the Ono of execution. S >absequent PWs cr reviioari thereof writ increase or decrease the Budget of thin Agreement. The PW(s) that have been obligated are: 1 OR. Sub - Recipient MONROE COUNTY PW Cat Prc;rct T►,e Estimated Fed Federal State Lccat Total Funding r? Total % Shore Snare Share 2210) i 6 Force Account $2,667613,65 f00% $2661,G1J 65 0 0 s2.6 5 7, 613. u 5_ t aticir fry.' 30 { i days ' 39 (0) 8 Pffel Rcseao 5 r06.465 21t 100:x; S1G5,955_29 0 i 0 ; $10t;,,05 Msdicar i f SoppVes f i 1 __ 70 dS(Q) f3 Tarr 350,949_50 100ad 1 $00,049 50 f 0 i 0 450:9J9.5+7 _ SL.:ry _ _ Fact.' zes Rentals far 100 • r 3fp) E 5 Temporary $33 i0r03 5.23,507.50 0 t 0 $23507.62 (moo [----- ____ _ ..L ....._ ._ 1 - i - _� a _ f i I { 1 !„ i OR -4337 i ot81 i 52.85'.53184 EXHIBIT B Page 63 of 100 MARATHON ANNEX DRYWALL REPAIRS 31 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL_ CONSEQUENCES Scope of Work Complete eligible Protects for emergency protective measures, debris removal, repair or rep'acement of Disaster damaged facilities. When FEMA has obligated funding for a Sub - Recipient's PW. the Division notifies the Sub•Re pient with a copy of the PW (or F2 Report). A 'Sub-Recipient may receive more than one Pits 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 Agreeritont, each Project will be monitored, completed and reimbursed independently of the other Projects which aro made part of this Agreement, Deliverables. Large Projects Reimbursement requests wilt be submitted separately for each Large Project. Reimbursement for Lar 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 pad upon acceptance and contingent upon: • Tritely submission of Quartorty Reports (due 30 day: after end of each quarter). • Timely submission of invoices (Requests for Reimbursement) at teast quarterly and supported by documentation for an costs of the protect or services. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of fhc project. whichever occurs first. An explanation of any c rcumstances prohibiting the submittal of quarterly invoices shall be submitted to the DMsion Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced In Paragraph 7 of this agreement. • Timely scbrr:ISSion of Request far Final Inspection (:within ninety ( 90) days of project completion — for each project). • Sub - Recipient shall include a sworn Affddavit or American Institute of Architects (AIA) forms G702 and G703, as required below. A. Affidavit The Recipient Is required to submit an Allidavtt signed by the Recipient's project personnel with each reimbursement requ attesting to the following: the percentage of camolotion of the vror:, that the reimbursement request represents, :hat disbursements or payments wore made in accordance with all of the Agreement and regulatory conditions. and that reimbursement is due and has not been prrviausly requested. 6. AIA Farms G702 and 0703. For construction projects where an architectural. engineering or construction management firm provides construction administration services, the Recipient shall provide a copy of the Amen .= Institute of Architects (AIA) fore n G702, Application and Certification for Payment. or a comparable form approved by the Division. signed by the contractor and inspectionlcertifying architect or engineer, and a copy of form 0703. Continuation Sheet, or a comparable form approved by the Divfsior . EXHIBIT B Page 64 of 100 MARATHON ANNEX DRYWALL REPAIRS 3? Five percent {Sill) of the tctaf efr ibta amount (including Federal. state and local shares) will be withheld from payment until the final Request for Reimbursement (or backup fer advance expenditure) has been verified as acceptable by the D'ivision's grant manager, which must Include dated certification that the Project Is 100% complete. Funkier, all required documentation must be available in FloridaPA.erg prior to release of final 5 %, to Include permits, policies & procedures, procurement one insurance documents_ Small Projects SmoII projc:ic wilt' be paid upon obligation of the Project Worksheet. Sub - Recipient must initiate the • Small Project Closeout in F6oridaPA.erg within 30 days of completion, of the project worm, or no later than the period of perforrnanco end date. Small Project Closeout is initialed by logging into FloridaPA.org, selecting the Sub-Recipient's account; then selecting 'Create New Request'. and selecting 'New Small Project Cornp'eIionJCtoseout'. Complete tho form and 'Save', The final action is to Advance the form to the next queue for review, Financial Consegae!mL: For any Project (PW) that the Sub-Recipient fair to complete in compaanco with Federal. state and local requirements, the Division shalt withhold a portion of the funding up to the full amount. Any funds advanced to the Sub - Recipient will be due eh cs to the Division. EXHIBIT B Page 65 of 100 • MARATHON ANNEX DRYWALL REPAIRS 33 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1} The prospe°..tlye subcontractor. of Me Sub - recipient, Monroe Counry • certifies. by submission of this document, mat nether it nor its prin.r.ipats is presently debarred, suspended, proposed fcr debarment, declared ineCgibte, or•votunterity extruded from partiCIpation En this transa io i by any Federal department or agenvi, • (2) Where the Sub - recipient's subcontractor is unable to certify to the above statement. the prospcctivo contract shell attach an oxpranaton to this fern, CONTRACTOR Monroe County 8 K Monroe C onntr halve Sub-:Recipient's Name David' Ricc ! avc,r Z0002 • Name and Title DEM Contract Number 1 100 Simonton Street Street Address FEMA Project Number Key We t. Florida 33040 • City. Slate. As March 19. 201S Gate • EXHIBIT B Page 66 of 100 MARATHON ANNEX DRYWALL REPAIRS Attachment D • DESIGNATION OF AUTHORITY The De Ignition of Authority Form is submitted with each new disaster or emergency dectaraiiort 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: rotes and documents, a ^.d submit the documentation necessary to ware the new event: The Designation of Authority Form is originally submitted as Attachment 'D' to the PA Funding Agreement for each disaster or emerger.cy declaration_ Subsequently. the Primary or Alternate contact should review the agency contacts at feast quarterly. The Authorized Representative can request a cherge in contacts via email to the state team: a note should be enters;( in FloridaPA.org if the list Is correct Contacts should be removed as soon asthey separate, retire, or are reassigned by the Agency, A • new form wig 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 Flor,'duPA.crg as the contacts listed are replaced in the system, not supplemented. Awl ulcers must log in on a monthly basis to keep. their accounts from becoming Locked. Instructions for Completion Complete the form in de entirety, (sting the name and information for at representatives who wet 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 64 -day time period or their account will lock teem out. In the event you try to log in and your account is locked, submit a ticket using the Access Request fink an the home page. The form is divided into tw the blocks; each block must be completed where appropriate. Block 1: 'Authorized Agent' — This should be the highest authority In your organization wtto is authorized to sign toga' documents on behalf of your organization; (Only one Authorized Agent is allowed and this person vest have cult accessfauthcrity antes otherwise requested). Stock 2: 'Primary Agent" — This is the person designoted 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 repertseequesis in FIordePA.org_ The Primary Agent is usually net tree Authorized Agent but should be responsible for updating all infernal stakeholders on all grant activities. (Only one Primer, Agent is allowed and this contact will have full access), Stock 3: 'Alternate; Agent" — This is the person designated by your organization to be avartablo when the Primary is not. (Only one Alternate Agent is allow.d and this contact will have full access). Block 4, 5, and 6: 'ether' (Finance/Point of Contact, Risk Management- insurance, and Environmeeta Historic). Providing these contacts is essential in the coordination ar.d communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple btceks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 — 12: 'Other (React Only Access) — There is no limit on 'Other coma.= but we as that this be restricted to :avow that are going to actually steed to tog in and have a we in reviewing the information . This designation is only for situatioanl awareness purposes as individuals with the 'Other Read-Only designatice cannot take any action in FloridaPA.org_ EXHIBIT B Page 67 of 100 MARATHON ANNEX DRYWALL REPAIRS 35 DESIGNATION O1 A titr uootil1' (VGI: f .) 14;31A,GRA\ rr j - PF(3I.IC IASSIST.INCE I'R e.ti1�1 FLORi A 1)t (1N (1t' p )IERGusc)' si.t\,1(a:.\tl:N•1' Sub Gritticr: Box 1: Miltn07er" Actin (Pull Actc %) ( Doi 2: Printun Agcut (: ntl Arcs-N.0 A,.r_•]'t ts3usc I Aunt': \szz u. n. 11•gmu: ates f rjifi;;,:. luatu:n r•Irgtr.,tatt , : 1 47,1x. Sur.-, i l::':}, i7.:1r, Z,p 11.: }'nrtr'1'Ct -pt.rr U.svn c f lit; Dux 3: ;U1crnatc Agent (Full Acc, .Sa flox 4: OS het -t ina nre:Puint of Contnt't (1 Arravl ,Sttrr:`t Nam:: (nhett's ti.t:it: t t' .:i. tteiutr It.tcntit. f•:Ji ltng tttidtMt t.1..lIsra •�:t.•w r:� Ch), ti.ss:,1 P 4. "siy `•atc, I.tp . Ita' Te. ,?xv, tYr,mnr 7cf.a. r 1•;nwJ ddhr'. i •n.a1 At!..hcn Ilnx S; Othcr - ftlsk NIt;tnt•Insurancr (t l;;J Accrs.f Itux 6: Ulttcr•En%ironnIc3ital 111sturic .AtCe.1! Acct t.:.::r.:.�tii.l`t 1;} auatmn t Otlic f .alum[ ° •F. fk an.: a:aeo ,'iltl'ec�t i': stl +mt ht,:Jln,.f lhdJnLa . _. _ .. Ctry,S:z Z4 t. , ;4:1c. 1 I c_'I. ?':,t aty Lett, Tc:rp!M =-i L.cta . �1 t,•tCtiv •6 -V- '1)r. a.'x,.r rant.::; : -.d Al•xrrate Ai7flt' r_r i t "s �n ,S^;2::rrnn I t :5ttde: As:ccr..r 1.- helf,d t!+; [uh-, t;,::te !::c c*r!.xet c- tum ;t; mime: Crve:rr 4 : c&rtl lifurca? re, raw: u',!n as flutun `i' Su lied f},,,;.u,- Rrltcf,;,' I:r..er;;tr.:c Asrc ,v... 1 p;;`;t; 'r'_; €3 cs •.:::nE. c• nlFrzrux nix.4ahi: I' ?z+r argsth :rrr t'ttitvl: ctl .71171 7,Z177 Lid a:t !it I :tc $u: Gas :1"e :n alt +!:„Gu fs swill tt Cxtn!c, ha all pertumrv. a vc.!t dnrt;:t t,*�.¢;:sc:• ptct:.rn:y>:,-scs; J:t4 i' UICJ e'ftits Cirri r z i.! e•_b�Yatrt: AetJrfrr: ctvts:t:!r:.,y pbccS nn p..ve : c::ttc dtmrnrnt fur re_ r a-Jya:,-rst kp ttt: a`.ns•. Aut :'<i:.al +tgrnts Sub- Grantrc Amfhoritccl Ar,cns SE�nntLrc bate _ • EXHIBIT B Page 68 of 100 MARATHON ANNEX DRYWALL REPAIRS 3.11 11F_SIONSI IO N AtrT1101t1TV OGENUS) FENIA/GFLVNTEE 1'U:11.1C ASSISTANCE eltOGRANI Fl.nit I iti% DIVISION OF ENII Eiti:ENCV \I ANAC F.MEN 1 Sub n tev: Date: Box 7: Other (1,11, Ai: Vt I BS S: Other iitcod Only rtit:4X.N1 Aft711's 1 Azies-1: Svpuenc S:ge..n 1 //it Cy Stne, noetilie Teeteten. nerytoor Teen:new L.ri ele:,:tets AiI !>: Other. IR:m:1(1:11y Aceets; flux 10: Other only ,vt rttr.,:ts ra,,110, 7.7 Cny, Stec, Zn: fiIeghenn um: 1'e:re:tern -nue(Agefrell I Hu% 11: Out:. Acceii: Ito‘ 12: Other :Read Ogly as Nand 1 Nem: )IC:"41{tIr 01 2 Wile:44° i'‘' Poht.■,et &IV,1 , St:tr.. in, - 1 . .lichner: I - — reensel F -env: A.L.lien iroolee i 'lilt (FY) s'an Dar': 511F-Cir:duce% c4tral 1krAirIC21611 N'.1111Lit (IIN) .-- S (iratilge CeIgnizant Agency Voi. rIPS Nuatt.:: f2e14.tart,a't NOTE4 Th.O (.nn telexeld te.e a:4 or:tree:4V? ortfare ‘I.enteL: be: rade otte vIttnet :o in:411140 2411Cinll cotrtmall".11,:ri zr.rnitugy thr::1: rlur,7:47 IipJi, rut; be thi cn1 A etc. :tem wU onIe 5 Otri::i 11:5 I 41.A.O4ifed trilet5{1111d15 hy zprzlcd (men )on: zgenge Re rA112 new Vow:in:741 nf affeclii ti I.ten tentli.1 et, prevenzt nago4tion luau, :a ate. La:Li...I:cod tb.c,totat atoib Sten replzegr, nee tutvIttnen:, the rtvv,,y11,a liev.",,ott i EXHIBIT B Page 69 of 100 MARATHON ANNEX DRYWALL REPAIRS 37 Attachment E STATEMENT OF ASSURANCES 1) The Sub - Recipient hereby certifies complier= with all Federal statutes, reputations. policies. guidelines; and requirements. Including but not f4tniled to OMB Coca No. A -21, A47, A -110, A- 122. and A -128: E.0, 12372: and Uniform Administrative Requirements, Cost Principle,, 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 !allaying provisions apply to this Agreement, the Sub- Recipent 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 duty adopted or passed as an official act of the Sub - Recipient's governing body, atithorizing the filing of the application, including all understandings and assurances "contained therein. and directing and authorizing the per son identified as the official representative of the Sub - Recipient to at in connection with the application and to provide such additional information as may be required. b. To tho best of its knowledge and belief the disaster relict work described on each Federal Emergency Management Agency {FEMA) Project Apprication for which Federal. Finem: i assistance is requested is el ::1bie n accordance with the criteria contained M.44 G.F.R §203: and applicable FEMA policy do_a:ments. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or titiiti not. duplicate benefits available for the same loss from another source. 3) The Stab- Recipient further assures it will: a. Have sufficient fends available to meet the ion- Federal share of the cost for construction protects.. Sufficient funds Will be available when construction is completed to assure effective operation and maintenano3 of the facility for the purpose cesislructed. and if not It will request a waives from the Gcv'asnor to cover the cost. b. Refrain from entering into,a construction contract(s) for the project or undertake other activities unit e conditions of tho grant program(s) have been met. all contracts meet Federal. State, and total reguiatians. c, Provide and maintain competent and adequate architectural engineering supervision and inspection at the constructien site to ensure :hat the compteled work conforms to the approved plans and specificatrons,and will furnish progress reports and such other Information as the Federal granter agency may need, d. Cause work on the protect to be commenced v „ni.n a reasonable time after receipt of notification frcm the approving Federal agency that funds have been approved and will see that work on the project will be drone to' completion with reasonab diligence. e, Not dispose of or encumber its title or other interests in the site and facilities during the ported of Federal interest or white the Government holds bonds. whichever Is longer: f Provide withcart cost to the United States and the GranteerRecipient all lands. easements and rights-of-Way necessary for a comptia hrnent of the approved work and will also hold and sow the Ureled States and the GranteaRer ;pleat free from damages due to the approved work or Federal funding, g Establish safeguards to prohbit employees from using their positions for a purpose that is or gives the appeara.•t~e of being motivated by a des :re for private gain far EXHIBIT B Page 70 of 100 • MARATHON ANNEX DRYWALL REPAIRS 38 themselves or ethers. particularly those with whom they have family. business. or ether ties. h, Assist the Federal grantor agency in es compliance with Section 106 of the National Historic Preservation Act of 1965 as amended. Executive Order 11503. and the Areheolcgicat and Historical Preservation Act of 1966 by; I. consu ring with the State Historic Preservation Offer 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 39 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 granter agency to avoid or mitigate adverse effects upon such properties Give the sponsoring agency or the Comptroller Genera,. through any authorized representative_ access to and line riphl to examine all records. boosts. papers. cr documents related to the grant. I. 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 3% outlined in this Agreement; ii. return the property to its natural state as though no improvements had been contained thereon; ili. furn:eh documentation of all qualified personnel. licenses, and all equipment necessary to inspect buirdings located in Sub - Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S_ Environmental Protection Agency. the Florida Department of Environmental Protection. and the opprepriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safely hazards present, health hazards present.. andlor hazardous materials present: v. provide supervasion over contractors or employees employed by the Sub- Recipient to remove asbestos and lead lima demolished or otherwise applicable structures, vi leave the demolished site clean; level. and free of debris; vi;. notify the Granteerliecipient 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 we ter wells and septic hanks aro to be closed, along with the number of we!Is and septic tanks located on each site, and provide documentation of such closures: - x. comply with mandatory standards and policies treating to energy efficiency which aro contained in the Stale energy conservation plan issued In compliance with the Energy Policy and Conservation Act: xi. comply with all applicable standards. orders, or requirements Issued under Section 112 and 309 of the Crean Air Act. Section 508 of the Clean Water Act. Execulwe Order 11738, and the U.S, Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xu provide decurnentadon of public r-oIG-_es for demolition activities • EXHIBIT B Page 71 of 100 MARATHON ANNEX DRYWALL REPAIRS 39 k. Require facilities to be designed to comply .Mth the "American Standard Specifications for Making Buildings and Face:ties Accesslbfe to. and Usage by the Physically Handi 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 Prcgram, if required to maintain one, where the application Is for6500.000 w or more. rat. Return overpaid funds within the forty -five (45) day rcqu'reme:et, and if unable to pay within the required time period, begin working with the GrarteeRecipient in good fa.th 10 agree upcn a repayment date. n. In the event a Federal cr 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 cf the finding to the Office for CM! Rights, Office cf Justice Proorams. 4) The Sub - Recipient agMes it will comply with the: n Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides tar fair and equitat to 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 activilies of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whcle or in part by Federal grants. c. Provisions of 18 U.S C. §§ 594. 596, and 500:605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hours 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 traeir basic wage rater, for al! hours worked in excess of forty hcurs in a work week. 1. Federal Fair Labor Standards Act, requiring that covered employees be paid at toast the minimum prescribed wage. and also that they be paid one and ono -half tunes their basic wage rates for all hours worked in excess of the prescrioed work -week. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for "kick- backs" cl wages in Federally financed or assisted construction activities h. Requirements imposed by the Federal sponsoring . agency concerning spacial requirements of low. program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lase cr supervision which are utilized in the ,:ccompliehntewt of the project are not listed en 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 ttte EPA Office of Federal Activities indicating that a facility to be used in the pro(sct is under consideration fur listing by the EPA. i. Flood insurance purchase requirements of Sericn 102(a) of the Flood Disaster Protection Act of 1973, which requires trait on and after March 2, 1975, the purchase of flood insurance in communities vd:ere 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 • EXHIBIT B Page 72 of 100 MARATHON ANNEX DRYWALL REPAIRS 40 'Federal financial assistance' includes any form of loan, grant, guaranty, Insurance payment, rebate. subsidy, disaster assislauc© loan or grant. or any other form of direct or indirect Federal. assistance. J. Insurance requirements of Scion 314, PL 93 -288. to obtain and maintain any other insurance .as may be reasonable, adequate.. and necessary to protect against further Icss to any property which was replaced, restored, repaired. or constructed with this assistance. Note that FEf.1A provides a mechanism to modify this Insurance requirement by filing a request for an insurance commssioner certif: lion (ICC). The stale's insurance commissioner cannot waive Federal insurance requirements but may certify the type.s and extent of insurance reason -able to protect against future Ioss to an insurable facility. k Applicable provisions of Title 1 of the Omnibus Crime Control and Safe Streele At 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 Me Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1: and all other applicable Federal laws. orders, circulars. or recuiatiors. and assure the compliance of all its SuteRecipients 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: Par, 22, Confidentiality of Identifiable Rosoarch 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 83. Flcadp Management • and Wottand Protection Procedures; and Federal laws or regulations applicable to Federal Assistcnce Programs._ m. Lead -Based Paint Poison Prevention Act •tech prohibits the use of lead based paint in construction of rehabilitation or residential strictures. n. Energy Po`ey and Censervatsan Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non,discriminatio t requirements of the Omnibus Crime Control and Safe Streets Act of 19e8. as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehebllitatlon Act cf 1973, as amended; Subtitle A, TiL1e 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Eduaukei Amendments of 1972: the Age Discrimination Act of 1975: Department of Justice Non- Discrmination Regulations; and Department of Justice regulations cn disability discrimination. and assure the compliance of all its Sub - Recipients and contractors, p. Prov sIons of Section 311, Pt. 93 -258. and with the Civil Rights Act of 1954 (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 belefits of, or be otherwise subjected to discrimination under any program ar activity for which the Sub- Recipteel receives Federal fnanoal 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 Pederal financial assistance extended to the Sub- Recipient, this assurance shalt obligate the Sub - Recipient c- in tho case of any transfer of such property. any transferee, -tot 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 dscmmnation en the basis of gender. EXHIBIT B Page 73 of 100 • MARATHON ANNEX DRYWALL REPAIRS 41 c Comprehensive Alcohol Abuse and A1cohoam Prevention, Treatment and Rehabilitation Act of 1970. relating to nondiscrimination on the basis of alcohot 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, inducing but not bigoted to: L The Clean.Air Act at 1955, as amended; ii. The Clean Water Act of 1977, as amended, iii. The Endangered Species Act of 1973: rv. The Intergovernmental Personne1Act cf 1970: v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 19 89; vr_ The Wild and Scenic Rivers Act at 1968, related lo_protecling components or potential components of the national vii d and scenic rii.t;r s system: vii. Trio Fish and Wildlife Coordination Act of 1958: • Oil. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act cf 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 Ordors including but not t+mited to: I- Executive Order 11246 as amended by Executive Orders 11375 and 12086. and the regulations issued pursuant thereto, which provi~e that no person Shall t a discriminated against on the basis cf race, color, religion, sex or national origin in alt 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; layoffitermin titian. rates of pay 0: 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 GranteesrReoipients other than Individuals. the previsions of thn DRUG -FREE WORKPLACE as required by the Owg -Free Workplace Act of 1968. • EXHIBIT B Page 74 of 100 • • MARATHON ANNEX DRYWALL REPAIRS 42 This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans. reimbursements, advances; ccntr cts; property, d scounls and/of 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 ana that both the United States and the Grantee/Recipient hove the joint and several right to seek judicial enforcement of this assurance, This assurance is binding en the Sub-Recipient. 4s successca: transferees. and assignees FOR THE SUBGRANTEE!SUB- RECIPIENT : Signature +<^+$ean. Sr_ irecior Bu et Firrarice 03105/2018 Printed Name and Title Dale • EXHIBIT B Page 75 of 100 MARATHON ANNEX DRYWALL REPAIRS eta' Attachment F Election of Participation in Public Assistance Alternative Procedures (PAAP) Pilot Program Should the Sub - Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division B of P_L 113 -2), execution of a Supplemental- Funding A,yreernent covering specific aspects a` lho Alternative Procedures Package is required of the Sub - Recipient prior to the payment of such funds by the Stale as the Recipient. Payments processed under the:Alternative Procedures provisbns Will be requested as an advance and are exempt !rem advance requirements covered.by sdztion 216.181(16 ). Florida Statutes: They will, hev ever, be treated as nn advance for purposes of Requests for Reimbursement (RERs) a nd satisfaction of the requirement that ninety. percent (SO %) of previously advanced funds must be Accounted for prior to receivir.g a second advance, In order to elect to participate in the PAAP ; program forone of the following options. you must read the Guidance found at tist.e, lam`•. , •:? fr a on :?ir' _r :r- , y_Pjr 11ur�s and then complete the required documents an the (ollowing.pagev. The documents can be found under the Permanent Work section of the webpage in editable .pdf format if preferred. PAAP for Debris Removal (Category At Required Documents • Public Ass itnnce for Alternative Procedures Piret Program far Debris Removal Acknowledgement hap5 •ilvJww. fern 7.• p im•,dia - 1 = rar 1 `_. , :c I ifo.`•,t3S9- aild lair? a• a.•.', er? ci •t5p502513acib62'enil(APPENDIX A foe i'r€[ilae sTtJrnct :iota 2•21. 117re t PAAP for Permanent Work rcattsorte C -GI Retuired der eritri: • Fixed Subgrant Agreement Letter • hrTFir� 'i :n'r :..( ^rr ; :),�11- rmeri= librjr�.• j -.'t kti ; lr : Sc"3J27/5r1 :6^tadi_1D.la'=1; 1.Z7iwla7b'?i _'1R P iii ;._rn h is Prnrnc :,jr.:- p1:.L Pernan _nt ';Jc•r% frxz' St:bnranl Aq; -_ t. to . ti?�n 3•t3 :car • Public Assistance Alternative Procedures Pilot Program for Permanent Work Ac nod. edgement Iit ir,:r.iiw w.fe :n :4 r_nr''n, 41 - lihc3tv-t1:1 ; :9:1, 55155802 5-1 1in25c.Iri.81pen d•11 ?aded1154.5501:79'?�1! "lr ,i ` Pr; ;;cg :gt ; fi r Prr,- r - arrTt Perms: - . nit Wore, .4r.F :n:,,•, = :lne :,en1' •?Ltii?,a3.13.c r All PAAP Related Documents (guides: Fact Sheets. Standard Operating Procedures, FAQs, Archived Dow, etc.) maybe found at hi t,5LI rrrt•: f.1n1 a. r�sY( ^ - a r`•:arse.1%f. lost] me. ills:1158135 Note: PAAP Rot Program Guide for treads iernovaf (Version 5) published Juno 28, 2077 cr.i7fa'vrs the folowing changes: The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extendod for one year to June 27, 2018. As part of the extension. FEMA will only authorize the sliding scarp provision M 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 liimiting the usage of_the pilot's sliding scale provis on to high impart incidents that.maet tho following criteria: h .gh concentration of localized damage; EXHIBIT B Page 76 of 100 MARATHON ANNEX DRYWALL REPAIRS 44 large quantifies of debris (over 520M or 1.5 mCiion cubit, yards); and disasters dedared very soon after the incident (8 days) to incentivize rapid debris remover This guide is applicable to disasters declares on or after June 28, 2017. The changes to the sliding sca'o 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 puelished June 28. 2015. EXHIBIT B Page 77 of 100 • • MARATHON ANNEX DRYWALL REPAIRS 45 Public Assistance Alternative Procedures Pilot Program for Debris Removal Acitnowledgement In accordance vrith.the Sandy Recover/ 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 subsecipient, we elect to participate in the following: a Accelerated Debris Removal - increased Federal cost share (siding scale) x Recycling Revenue (subrecipient retention of income tram debris recycling without a award offset) • x Onetime incentive for a FEMA - accepted debris management lean and identification of at least Ono pie•qualified contractor x Reimbursement of straight :into force account labor costs for. debris removal t The paot is voluntary and the subrecipient most apply the selected alternative procedures lo air of its debris-removal subawards. 2. For the sliding scale. the subrecip ent accepts responsibility for any costs related to debris operations after six mont 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 quantrty evaluations and deters regarding subrecipient operations necessary to assess the picot program procedures. 4. All contracts must comply with local, state. and Federal requirements fcr procurement, including provisions of 2 CFR Part200, 5: The subrecipient must comply with all-Federal. state and local environmental and historic preservation laws, regulations, and ardinanc es. 6, The Office of Inspector General may audit any subreclp ent andior subaward, 03(0512018 Signature o!.SubreCipient's Authorized Representative Date Tina 8oen, Sr. Director Budcet 8 Finance Printed Name and Title Monroe County Sub.Recipient Name PA ID Number o We elect to not participate in the Alternative Procedures far Debris Removal, EXHIBIT B Page 78 of 100 MARATHON ANNEX DRYWALL REPAIRS 46 FIXED VAGRANT AGREEMENT LETTER DATE: To Address' TofEMA: As a Public Assistance (PA) Sub-Recipient (PAID 1, in accordance with Section 028 of the Robert T, .Stafford Disaster Relief e.nd Emergency Assistance Act, we agree to accept a permanent work subgrant based an a fixed estimate in the amount of 5 for subgrant number (copy attached) under Disaster Ir VJC atcept responsibility for all costs above the fixed estimate We understand that by participating in this pilot program wo will bo reimbursed for allowable costs in accordance with 44 CFR § t3.22(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 yr h the requirements of applicable laws and regulations governing assistance provided by FE61A and the PA a;ternatIve procedures pilot prccsam guidance (such as procurement and contracting; environmental and histcnc preservation compliance: and audit and financial accountability) may lead to foss of Federal funding. Signature of Sub- Recipient's Authorized Representative Date Punted Name and Title Signature of Grantee's Authorized Representative Date Printed Name and Tike EXHIBIT B Page 79 of 100 MARATHON ANNEX DRYWALL REPAIRS 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 aliernative procedures ter 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 partapoto in tho forowing elements- C Subgrants based on fixed estimates, and as the Sub - Recipient. accept responsibility for costs above the estimate Consolidation of multiple fixed subgrants into a singe subgrant _ FEMA validation of Sub - Recipient - provided estimates Ia Elimination of reduced elig .ble funding for alternate protects Use of excess funds 2 Review of estimates by an expert panel for projects with a Federal share of 55 million or greater 2. The pilot is voluntary, and o Sub - Recipient may participate in alternative p:ove:dares for one or more large project subgrants 3. 11 the Sub- Recipient accepts a fixed subgrant estimate, the Sub - Recipient understands they ere responsible far all costs greater than the fixed amount. 4. The Sub - Recipient agrees to nary the Grantee regarding the specify use of excess funds. 5. At contracts must comply web 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 suborent. 7. EHP review must be compfetcd for all subgrants. including cases where new scopes of work would require EHP compliance, before the subgrant scope of work is imF.;mented_ Failure to comply with this requirement may lead to loss or Federal funding, 8. The Sub-Recipient may submit appeals in accordance with 44 CFR §206.206. However, FEMA will not censidcr appeals solely for additional costs on fixed subgrants. Signature of Sub - Recipient's Authorized Representative Date Printed Name and Tile Sub- Recipient Name PA tD Number We elect to not participate in the Alternative Procedures for Permanent Work, EXHIBIT B Page 80 of 100 MARATHON ANNEX DRYWALL REPAIRS •S Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'S - ECIPIENT'S WEB -BASED PROJECT MANAGEMENT SYSTEM FforidaPA.or Sub - Recipient s must use the Grantee'slRecipaent's web-based project management system, FloridaPA erg, (available at wvw.Flor 1daPA.org) to access and exchange prc;ect information with the State throughout the project's life. This inciude&process'ng advances, reimbursement requests, quarterly reports, final inspection schedules. change request,; time oxtenslons, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub.Reclptent, The Sub - Recipient is required to have working knowledge of the FlcridaPA.org system. PROJECT DOCUMENTATION The Sub - Recipient must maintain all source documentation supporting the project coats To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with tho corresponding PW as the permanent record of the project. In order to validate Large Protect Requests for Reimbursement (RFRs). all s»pportirg documents should be uploaded to the FloridePA.org website. Contact the grant manager with questions about how and where to upload docunents. and for assistance treeing ccmmon 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 deterrn :ne compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations. for a periad of five (5) years from the dale of the Sub - Recipient account closeout by FEMA. The five (5) year period is extended if any litigation, claim or audit is started betcee 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 re-salved. Records for the disposition of non- expendable personal propery valued at 55,000M or more at the time it is acquired must be retained for five (5) years after final account closeout Records re :elsj to the acquisition of real property must be retained for fire (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: it Pe new an alternate scope of work; iii. review an improved scope of work; andlor iv validale scope of work and/or cast. Interar: 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, lie the Sub•Reci'pient is not submittieg Requests for Reimbursement (RFR's) in a timely manner; EXHIBIT B Page 81 of 100 MARATHON ANNEX DRYWALL REPAIRS 49 tit, requests for a Time Extension have been mado that exceed the Grantee's/ Recipient's authority to approve; andlor iv. there are issues or concerns identified by the Recipient that may impact funding under th agreement. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for tItc Sub- Recipient.to certify that all work has been completed. To ensure a timely closeout process, the Sub - Recipient should notify the Recipient within sixty (60) days of Project completion. The Should irelude the following.informat :on with its closeout request: • Certification that project is complete; • Date of project completion; and • Copies of any Recipient time extensions. Large Projects Weh exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved. Projects where final casts exceed FEMA's original approval, the final etigble amount for a Large Project is the actual documented cost of the completed, eligible SOW, Therefore. upon completion of each Large Project. that FEMA obligated based on an estimated amount; the Sub•Rocipient should provide the documentation to support the actual casts, If the actual costs significantly differ from the estimated amount, the Sub - Recipient should provide on explanation for the significant difference, FEMA reviews the dacementation and, if necessary. obligates additional funds.ct reduces funding based on.actual costs lo ccrrrplete 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 the project as an Improved Project, cap thefunding at the originat estimated amount. and review the additional SOW for EHP compliance. For Fixed CostEstimate Subavards, the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance provided ethltp.ir�._ .Inn 9 proc.!hiucs . Once FEMA completes the necessary review and funding adjustments. FEMA closes the pro;ect Small Projects Once FERIA 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 Proiects d one of the following conditions applies: • The Sub- Recipient did not complete the appioved 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, FEMAenly adjusts the specific cost items affected. If none of the above applies, the.Sub•Recipient may request additional funding if ate total actual cost of all of its Small ProJocts combined exceeds the total amount obligated for all of its Small Projects, fn this case, the Sub- Recipunt must request the additions funding through the appeal process, described in the EXHIBIT B Page 82 of 100 MARATHON ANNEX DRYWALL REPAIRS 50 PAPPG Chapter 3:1V.0, within sikly (60) days of completion of its last Small Prcject. FEMA refers 10 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 ainbunts: 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. al its sole discretion, soled one cr more Small Projects tote inspected, Costs determined to be outside of the approved scope of work endlor outside of the'approved performance period cannot be reimbursed. TIME EXTENSIONS FEMA only provides PA funding for weak Completed and costs irtcurredwithin regulatory deadlines. The deadline for Emergency Work Is 6 months frcm the declaration date. The deadline for Permanent Work is 16 months from the declaration date. ulAtifitiajorcolopsetkOldtiftit Type of Work Months Emergency Work 6 Permanent Work 18 If the Applicant determines is needs.additional time to complete the project, including direct administrative tasks related to the project, it mu3t subm:1 a written request fcra time extension to the Recipient With the following information: • Documentation substantioting.detays beyond Its control, • A detailed justification far the decay,' • Status of the work: and • The project limefinewith the projected completion date The State (FOEM) 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 No projects by 6 months and Permanent Wadi projects by 30 months FEMA has authority to extend individual' pra;ect deadlines :beyond these tireframes H extenuating circumstances justify additional the. This applies to all projects with the exception of those funded under the PAAP Accelerated Debr Removal procedure and projects, for temporary facifi ?tes. Wlh exception of debris removal operations funded under the Accelorated Dabiis Removal Procedure of the Alternative Procedures Pilot Program, FEMA generally considers the fettering to be extenuating circumstances beyond the Applicant's conirot • Permitting or „HP compliance related delays dun to other agencies involved • Environmental limitations (such as shoat construction window) • Inclement weather (site access prohibited or adverse impact on construction) FEMA generally considers the foIIowing be circumstances within the contrat fpm Anplicant.and r,ot 'usti5I Io for a time extension: • Permuting or environmental delays due to Applicant drays 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 deadine, Ibo Applicant must still complete the approved SOW for funding to be eligible. FEMA decbligates funding fcr any project that the Applicant does notcorrptete. If theApploant completes a portion of the approved EXHIBIT B Page 83 of 100 • MARATHON ANNEX DRYWALL REPAIRS 51 SOW and the completed work is distinct from the uncompleted work. FEMA only decbligak s funding fc' the uncompleted work. For example, if one project Includes funds for three faciliCes and the Appliant restores only two of the three facilities, FEMA only deobligotes 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 vdth supporting documentation • Dates and provisions of IT 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 dues o Environmental delays or limitations (e.g., shoot constru„tion window. nesting seasons) • Dates of correspondence with various agencies • Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area. or adversely impacted construction) c Specific details • • Other reason for delay c 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 FEt`.IA (as applicable), any expenses incurred outside the P.O.P. are Ineligible. INSURANCE The Sub-Recipient understands and agrees that disaster funding ter insu rable 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 bo deducted from all appticabte FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub-Recipient further understands and agrees that IF Public Assistanco funding is cbligated fat Work that is eubscquentty determined to be covered by insurance andtcr ether sources of funding, FEMA must deoblrgate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F,R. §§ 206.252.253. for damaged facilities. the Sub - Recipient understands II must, end it agrees lo, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated fife of the restorative- work or the insured facility, whichever Is lesser. Except that the Recipient acknowledges FEMA does not requuo insurance to be obtained and maintained for pro where the total eligible damage is tess than $5,000! i. In addition to the preceding requirements, the Sub - Recipient under - stands 4 is required to obtain and maintain insurance on ceria=n permanent work prcjects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As slated In the Stafford Act, 'Such cover:7So most at a minimum be in the amount of the eligible project costs' Further, the Stafford Act. requires a Sub - Recipient to purchase and ma :Main insurance. where that Insurance is 'reasonably available, adequate or necessary to protect against future Tess' to an Insurable facility as a condition for receiving disaste assistar' o funding. The Public Assistance Program and Policy Guide further states 'If Iho 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 Stare Insurance Commissioner certifies that the type and extent of insurance is not 'reasonably available. adequate ce 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 Statfcrd Act and in 44 C.F.R. §§ 206.252 -253. EXHIBIT B Page 84 of 100 MARATHON ANNEX DRYWALL REPAIRS ;? The Sub - Recipient agrees to noldy the Recipient in writing within thirty (3O) days of the date it becomes aware of any insurance coverage far the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnif cation from such insurance. the Sub - recipient further agrees to provide all pertinent insurance information. including but not limited to copies cf all pcliciee. 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 pollcie,s 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 -Rc cipient agrees to reimburse the Recipient if it receives any duplicate benefits. from any source. for any damn e 'dentifred an the applicable Project Worksheets. for which the Sub - Recipient has received payment from the Recipient. The Sub•Rc✓piont agrees to notify the Recipient in writing within thirty (My days of this date it becomes aware of the possible availabi.ty of. appees for. or receives funds, regardless of the source. which could reasonably be considered as dupltc 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 cf the State of Fonda. the express authonly 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, al bow, or at equity, to recover such benefits COMPLIANCE WITH PI.ANNINGIPERMITTING 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 fc; 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 vith 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 lensed, engineering. environmental, archeological, building, and other techn.=cat 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 protect payment must bo based ca documented actual costs. most Large Projects are initially approved based on eslirnafed costs. Funds are made available to the Sub - Recipient when work Is In progress and funds have been expended With dccumentntian of costs available When all work associated with the project is complete, the State will perform a reconaliat on of actual costs and vrz'I -- transmit the information to FEf.IA for its consideration for final funding adjustments (See Closeouts). The submission from the Sub- Recipient requesting This reimbursement must iuctude• a) a Request for Reimbursement (available in FloridaPA,erg); EXHIBIT B Page 85 of 100 MARATHON ANNEX DRYWALL REPAIRS b) a Summary of Documcsstaticn (SOD) which is tilled Reimbursement Detail Report in Flord"aPA.org and is automatically created when the Request for Rembursement is subn4ted (snd is supported by copies of crieinai documents such os, but not (united to, contrast documents, insurance policies. payroll records, daily work logs, lnvcces, perches° orders, and change orders); and c) I.ho FOEM Cost Claim Summary Workbook (found in the Forms section of FleridaPA.cr3 ), along with cop ies of original docume;ts such as contract dccumeat-s. Invoices. change orders. carcclhd checks (or other proof of expenditure), purchase, orders, eto. 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 216181(16), Florida Statutes, 1. For a Federally funded contract. any advance payment is also subject to 2 C.F.R„ Federal OMS Circulars A.87, A -110. A -122. and the Cast Management Improvement At of 1580. 2. All advances must be held in an interest- bearing account with the'interc5t being remitted to the Recipient as often as practicable, but rot later Irian ten (10) business days after the close of each ca'endar quarter. 3. In cider to. prepare a Request for Advance (RFA) the Sub-Recipient must certify to-tee Recipient that it has procedures in place to ensure that funds are disbursed to prcjecl vendors, cordra and su!a,:oniractors without unnecessary delay. The Sub - Recipient must prepare and submit a budget that coilains a timeline projecting future payment schedules through prejec completion. A, A separate RFA must be competed for oath Project Wcrksheet to be Included in the Advance Funding Payment. 5. The Sub-Recipient must complete a Request for Reir.r.bursemorit (RFR) via FIor daPA.org t o mere than ninety (90) days after receiving its Advance Payment for a specific project. Tho RFR must account for all expenditures incurred while performing eligibb work, dceumented in the applicable Project Worksheet for which the Advance was received 6. it a reimbursement has been paid prior to the submittal of a request for en advance payment. on Advance cannot be accepted for prccessing. 7. The Recipient may advance funds to the Sub-Recipient, net preceding the Federal Share. only if ' the Sub-Recipient meets the followlerj 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 unne: essa=y delay; b) the Sub - Recipient must submit to tie Recipient the budget supporting -the request, 8 Tee 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 (S9) days after receipt of Iite Advance :, .9, The Recipient may. In its sole discretion. vat:hold a portion of the Federal and!or nonfederal share of funding under this Agreement from the Sub -Recipient if the Recipient ceasenabty expects that the Sub. Recipient cannot meet the protected budgeted timehre or That there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub - Recipient was improper, EXHIBIT B Page 86 of 100 MARATHON ANNEX DRYWALL REPAIRS DESIGNATION OF AGE The Sub- Recipient must compete Attachment 0 by designating at least three agents to execute any Requests for Advance or Reimbursement. certifications, or other necessary documentation on beha`t of the Sub- Recipient. After execution cl this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the Slaty assigned team. In the even: the Sub - Recipient contacts have not been updated regularly and all three (3) Agents havu separated from the Sub- Recipient's agency, a designation of authority form w.il be nccded to chan e =laces ` NOTE: This Is very important because if contacts are not updated. notifications made from FloridePA.org may not be received and could result in failure to meet time periods to appeal a Federal determination DUNS 08A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine -digit ida_ntdxcatron number provided by Dun & Bradstreet (D &B). The DUNS number Is site specific. Therefore. each distinct physical !oration of an entity such as branches. divisions and headquarters. may be assigned a DUNS number Who needs a DUNS number? Any institution mat wants to submit a grant application to the Federal government Irtdividuar re-searchers do not need a DUNS number if they are submitting their r ppli ticn through a research organizat n How do I get a DUNS number? Dun & Bradstreet have designated tr special phone number for Federnt grant and cooperative agreement applicantsI /prospective applicants Cali the number berow between 8 n,m and 5 p.m., local time in the 48 contiguous states and speak to a D33 representative. This process will take approximately 5 - 10 minutes and you will receive your DUNS number at the conclusion of the call. 1- 8e6- 7C5.5711 What do I need before I request a DUNS number? Before you call D&B, you wit need the following pieces of information: • Leoal Name • Headquarters name and address for your organization • Doing business as (dba) cr 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 !net 3 DUNS number be provided on all Federal grant and cooperative agreement appiicationd. The DUNS number will offer a way for the Federal government to better match information across at agencies. • EXHIBIT B Page 87 of 100 MARATHON ANNEX DRYWALL REPAIRS 5s How do I see if my institution already has a DUNS number? • Call the toll free number above and indicate that yeti are a Federal grant andfce 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 DIB nor the Federal government assign any importance to the extonsio... Benefits. if any, derived from the extens will be at yew lost ution only. Is there anything special that we should do for multi- campus systems? t tulti- campus systems can use what Is calk td 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.satsllito campus vrtl reed to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For MR grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their on DUNS number. Does the DUNS number need to be included on individual fellowship applications? Yes with one exception. II is the DUNS number of the spbnsorirg inst tuticn that should be put ea the application_ Individual Kirschstein -1 R$A fellowships that propose training at Federal laboratories do not require a DUNS number. What doss the DUNS number have to do with the Central Cont rt ctor (CCR), soon to be the Business Partner Network ($PN)? Registration in the CCR is mandatory for anyone webbing to submit a grant application electronically through Graols.gov. Your organize:ie.-Twill need a D- UNS.number in order to register in the CCR, The CCR is the central registry for organizations that have received Federal contracts. 11 your organization has received Federal contracts, it is already registered In the CCR. but this is a good opportunity to verify that yewr organization information is up to dale For more information about the CCR, p e ase visit the CCR web she at: vnwr.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 rte:: requirement appbes.tc all typos' of grantee organizations including foreign. nc.^.- profit, for profs 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 tothe new DUNS number rules? Individuals who would personalty receive a grant or cooperative agreement award from the Federal government apart from any business or non- profit ccgartization they may operate are exempt from this requirement Also individual Kirschstein -NRSA fellowships that propose training at Federal laboratories de not require a DUNS number. Who at my institution is responsible for requesting a GUNS number? This will vary from institution to institution. This should be done by se knowledgeable about the entire structure of your institution and who has the authority to make such (loci: eons. Typically this request would come frcrn trse financeezcounting department or some other department that conducts business with a lame Goss seeker) of the institution. • EXHIBIT B Page 88 of 100 • MARATHON ANNEX DRYWALL REPAIRS 56 We are on organization new to Federal grant funding so we obviously geed a DUNS number: But we don't want 10 be included in any marketing fiat. What can we do? Inclusion on a D&B marketing list is optional, If you do not want your namerorganization included on this mall etinglist. request to be desisted from D &B's marketing fr!e when you are speaking with a D &B representative during your DUNS number telephone application. Who do we contact it we have questions? If you have questions about applying fora DUNS number, contact the Dun & Bradstreet special phone number 1-265-705-5771. If you have questions•ccncerning this new Federal -wide requirement, contact Sandra Swab. Office at Federal Financial Management, 202 -395 -3993 or viii e-mail at ssiN ab.!sicnIti gcrv_ Substitute Form W -9 For the purpose of this Agreement_ a Sub - Recipient is a:so a Vendor, Tne Stale of Ronda requires vendors doing business with the State to submit a Substitute Form W -9. Tne purpose of a Form W -9 is to provide a Federal Taxpayer Identification Number (TIN). official entdy name. a business designation (sole proprietoiship corporal:on, partnership, a :c.),•and ether taxpayer information to the Stale. Submission o(a Form W -9 ensuresdhat the Slate's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements: the Store will not accept the Internal Revenue Service Fc.•m W -9. Effective March 5. 2012, State of Florida agencies Will not be permitted to place orders for goods end services or Make paymonts.to any vendor that does not have a verified Substitute W -9 on file with the Department of Financial Services: Vendors are req rred to register and submit a Form W =9 on the States Vendor Website at htlnr..lI u. r n, :r rrVf'urid3t:fc.toni, EXHIBIT B Page 89 of 100 MARATHON ANNEX DRYWALL REPAIRS 57 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT ( FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE Trie Federal Funding Accountability and Transparency Act (FFATA) was syned.on September 26, 2006. The. intent of this legislation is to empower every Amer with the ability to hojd the government accountable for each spending decision. The FFATA legislation requires infcrimation on Federal awards (Federal assistance and Cxpendlures) be made available to the public via a single, seartaWe website: which.is nto :Rst :.uue.aspendmo.gcvl_ The FFATA Sub-award Reporting System (FSRS) is the reporting toottl:e Florida Division of Emergency Management ( or 'Division') must use to capture and report sub - award and exeaitive compensation data regarding first -tier sub - awards that obligate-S25.008 ror more in Federal funds (excluding Recovery funds as defined in section t512(a) (2) of the American Reoovery 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 le the praec( Manager. ORGANIZATION AND PROJECT INFORMATION Tho following information must be provided. to the FDEM prior to the FDEM% issuance of a sub - award (A9reentent) that obllgates•S25,000 or more In Federal funds as described above. Please provide the following information and return tho signed form to the Division as requested. PROJECT #: WA O. r r:t Canalet FUNDING AGENCY: Federal Emergency Man, igemrat Agency ' AWARD AMOUNT: 5 Fnik•ral Eha re.azrount ont OBLIGATIQNIACTION DATE dale' cr,vxdott to St of Flc-z�a SUBAWARD DATE (if applicable): DUNS#: DUNS# +4: 'if your company or organization does not have a DUNS number. you will need to Obtain ono from Darn & Bradstreet et 866 -705 -5711 or use "the tseb form (http :Rrodgov.daa.ce.-a? :ebfnrm). The process to requests DUNS number takes about ten minutes and Is free Of charge. BUSINESS NAME: MIA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE.1: • EXHIBIT B Page 90 of 100 MARATHON ANNEX DRYWALL REPAIRS 58 ADDRESS LINE 2; ADDRESS LINE 3: CITY STATE ZIP CODE44 „ PARENT COMPANY OUNSU (d applicable): _ CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDAn): DESCRIPTION OF PROJECT (Up to 4000 Characters! Corarplete etigiule Pro; acts for repair or cep' a.ement cf Disaster (I;i.rugcd tacilitic,. y � T` 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,_ f11STRIC T FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE. "Providing tre Z :p•4 ensures that the correct,Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or organization's previous fiscal year, did you: business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual grCSs 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 detirted at 2 CFR 170.320: , (b) S25.000.000 or more in annual or revenues from U.S Federal prccuternerit coat: v.:Is (and subccntracts) and Federal financial assistance (e.g. loans, grants, sub grants, andtor cooperative agreements. etc.) subject to lho Transparency Act? Yes(] No ❑ 11 tires answer to Question 1 is "Yes," continuo to Question 2. if the answer to Question 1 is "No ", mova to the signature block below to canrpteto the certification and submittal process. 2. Does tier 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 Secur'ties Exchange Act c! 1934 (15 U.S.C. 78m 76o(d)) Section 5144 of the Internal Revenue Code et 1Q86? Yes ❑ Nc ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete (he certification and submittal process. [Moto: Securities Exchange Commission information should be accessible at http// www .sec,govianswerslexecomp.htm. Requests for Internal Revenue Service {IRS) information should he directed to the local IRS for further assistance.] Il 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' EXHIBIT B Page 91 of 100 MARATHON ANNEX DRYWALL REPAIRS 59 • appearing below to report the "Total Compensation" for tho five 45) 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: _ x . etr - is defined as 'officers, managing partners, or other employees in management positions'. 'Taal Ccmppnshsiion' is defined as the cash and noncash dollar value earned by the executive Outing the most recently completed fiscal year and includes the following: 1. Saler/ and bonus. ft Awards of stack. stock options, and stock appreciation rights_ Use the dollar amount recognized for financial statement reporting purposes xith respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123RJ, Shared Based Payments. iii. Earrings for services under non-equity tr:centive plans This does riot include group fife, health, hospitalization or medical reimbursement plans that do not d €scrimInere in favor of executives, and are avaeable generally to alt salaried employees. iv. Change in pension value- This is the change in present value ct defined benefit and actuarial pension plans. v. Above- mar't•.et earnings an deferred compensation which is net tax - quantified vi. Other compensation. if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid an behalf of the employee, perquisites or property) for the executive exceeds St 0.000. TOTAL. COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Ccmpletlon ) Rank Total Compensation (Highest to Name for Most Recently Lowest) First. MI) Title Completed Fiscal Year • THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW. THE INFORMATtON PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: EXHIBIT B Page 92 of 100 MARATHON ANNEX DRYWALL REPAIRS ( Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions maned In Appendix 1I to 2 CFR Part 200 It is the responsibility of the sub - recipient to inctudo the required provisions. The Division prop ?des the following list of so.rlple provisions that may bo required: • EXHIBIT B Page 93 of 100 MARATHON ANNEX DRYWALL REPAIRS (, PL 200. App. 11 7 CR Ch. 11 (1- 1- 11 Id:114) •Salr.'f i f•J.r.4 14.,,4 r...• 31/13.14 7bo- .1.14414'1.:1 334:14 4.wiht 4141.011 11:1x: 141• rr- 1414,• a ,0.l C.•t4 .4 4:cL 1. /1 ..15• 3:1.0 41 4 .L) ra;l[:n3314l• 4174 •. 1.:14.7111.,1 •4. ....31..,.4.1.4 .14;411 •:•41 Lary 5:45511•[ 11113:314, 11 1144144•/ ary. Ir.r -1 irk- 3;11:4•, 0.s .a]R 11. ..4.1,..115 4 •:14.i.R. In r ►w .144. 440 r'M 1. ll. At a -11 0' 7114, 1 '1411 ▪ 1414 u- 14411441: 4!4..01 1 11.r.v»',-1. 4'.;• L1 .1 41 tr Null a t .a tln. 144311141• 4431 M P' 0144 411 lkt41101 44-14. 151.1 4470.. •1.41•. ti 14.41 44 •444 1•44.3.1 aITt. n 41 11.14 144141 1:1.+•• e•4•5 r. v J ..La. ••• n.(.4r.Ul •lu.t3 d:1- 4n1a:4 u? 1 4a tl 1n; :t- •0144[,. 44° 1 l•I 1.31.•4 111a1 8.41 4,4 1.1 41 tat ILA 1011,4 01•1 111 74114 154 41,114.1 ,tnt. 41 (4,1111ta. 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U. 4.11144 .6144 .•,.141..4 ..4044 r. 04!•1 1',5.04: 1 C•.W 11. 40 •.011.7 rv..1,A.0 1014144..44.,4.. -4444 • 1!C -[. 1 •4.7 4.1.411.407 411 4Y0.1 Y. /4414 en. rt0.1a1L 5x .r411at •nnt.44r. • -. •:14:1 C.17.'a+ term. 41. .1,42 111. 14):151 crrrr•l 1[•ec�•! 141144, 1:1 1 • a,• 344.,3 1 ?..t.r.t ,.113.3 .,.•s7 a 111 <e .. Las. ray (43.144141 a l34 Iv 117.11 14 44 4- 11.7.4 11 .444- 111¢443: 41.1. 4:14.4 4+..43■-41. IL 444/ .444) 1111 j!Y,.•R 15. 74111.4:4 1.0.11..'•1444.4 071 tr44. 4., .7.1.re .4(43.,115 1. aM 3. W ■44 .4.1:11.' +141 ,..t4 Hi.t 1•Lnl.lh..1•.14.1 71.571.137 Srf4,.l44 • 4 141.110 1140. A 1L. .W 14.1..1h 10 41 1 1!, , 1471411111. •••1341 1.143' . •.•11 -111.1 . 41 1ra4sa...1.. 1. •r•. .111 6.4141.. 41. Ivy I41,1 43.,4..11,.13 a. 1.14,1:. • 4,.1..'t CaeI.le 4.4114.1.01,11.10 0,011 11040 •711.1 tars• 0. 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(4J1LCtal An', Amu •: lM 1 1�1 ..1f. f0. /4U5•p1.y1. • • EXHIBIT B Page 94 of 100 MARATHON ANNEX DRYWALL REPAIRS • (32 OMB Guidance P4, 200. App (c) $4Oa1 Erngq20 (I14CI0110). Pte- Pert 1) L'a!sr tl 1. C. 37.32 01 Its A.1. .0(1 (` 7•V ao OLLgs.111. (%t.303 41:1'.3:0 a CELL • . Ir sayr IWo( .(1.741.(4 10 tY'3 11101�. 1'.11 r•, .NI 4 .o!n[.r 1101 '1 of tts• Gtt01. rats. Pe .eery 1(r.1P.t91 !•t tatter. na tb USa .d 'ir37a1 :31 awl.(rd roaaln. :101, oo 1.4. o a stnolvJ •0,.k ass& .:C 4• ban. (tots 44. V CTa7 t`:rt 03.1.1401.4 /H.Fsh I1.. •t•.rk L- son .. cf 7Lw ssaatszd . 001 .tams 1. � O 30%•ral7Y 11130 J■r03,.3 mad.. 11 Fr..l.Jr7. ta•rl$.! 01.17 .40.01001.1.711 Stilt 414.441. la acz•dss:. otm L :r.al7.. ptaa0.1 at 07017 of ool ILU .Lan 41.01 and • (adsr Ll.'(A. •:pzall I:nG_.J nest (3D3r1 0.043 00 .`. 1•l• 0.14 rare of rcy 4 4111 Loon lo.'rlfY' rR 1:275. ear., 0r13 Cat%. 11A_ woekr3 In •cc.n .e 43 0.... 1. 1.1. weak L713 Cou ,. 21)o. •,.,4.4.4 I7 1:1.•0.1... 00414 Tr roio r•n.y • 4) 1:410.A. '4.4 sr. ..s7 II .Z. '71trak..- I :anal :.. Orl: •Lpir:40s t•. tnmlrp'•10a ..' mad 101.13. 1.13441: 101$4114 4= Utica .Lap T a Lltrtcr .o ccsta:J( t.'rca• Lv a_ !unity. a-d ImOl.ar414Pq 0'`14;•14..0 0' 41 log ...: In •.ra In serrou0. t.oa 111 outs. 11R 7.1,0 CO, - r.YL - o of V..••I Cosn•e1 *Max: (nolit1nt. 4101:0 *Ira uvaalr +ly. . 1.17141.oe• R.g. o,. Gval Cci•LJlri a 2w.n :t•ar W C.X*n•n. 70... reluinmra'( OtKer .117.1i.Fu0n••t1 al Last? J; •. 01 apply a, 11. rack ... 0,r •oo.O:i.. o. •Di b•.1.Cw<.tc4 as oa•ta.Ort GO • 7.3,4 t1t1RWa or artless ordlnarlly 00 0034 GO :21 3111 701.• arq.01LJ lF1!(./ /•nCr•a. .0' o, n m.rlct. or 0 &.0..41 Lu nvaaptt • Infea011. •11 4-Tlti 0061r330h0 «•41.4411.' (at1foor VitaS.lst :a:l l0ts111718;.. L ! ELM! crud -117 a_ LF6r.1 101 40.1100 t.. 1%1.n1ia... 11..1 t,t 0111.1 irrlrri• a frlltalst, W ...Ili C +.aqv,• N .0.001.11..,,! Cr t1., P - . - .1 A1 •c7. .111 Its 7as..•L'a.ns A(• (M. (•.5.4.. r...1. 1k t dtllalIl.o of ' r2:a• Y «.P1 411 :341. •V7 3333 .MIDI al wlcdanvs•N h Oa /.r 37 Cr: I CCI (s .04 1 1.! 0«0314 t 1177417I7R17 (d )_13 , n1. .40Va.at (✓ C7'k rot, ::tf1 /111 •1•.31 101.01. 1•41 • (0•11•11 RIt7. 3. "Lot.. yroatanl. Pr.••O3000 ,1r.it 7106.11011 0•.1OLr., IIIUL -s u,.Cesrt scam. caLJa In Coc!aaa(• C4r.sm7 4' d4r•11.1 •I (4•.1tt. a0. 11 ,o'1la! lie r- .N.10Lttltri .3 1041 11411.0.1 •111 000. CYortH..11uo'a to a.- Lbw. 4141.: -om.o, 4141 LrGv IM. .4 ..rt.4l- ((04,0(. •116 1• yIU1.•. orllrvai 4.•a rout rsr11.1, .3,.tlnl0..•ta 1. 01 !sra.r 41014 f0 TWAII, rd .n 7•.7 414.. tr, t.t.777 r 'g.1 4110. 14411 16a1 '13411 - •I1..o7 1t.' t1. 0..r3j. t(itr't V. • na. We to IL.. t{0 10•77411: Lt t0' (3 141= 0.11(x,1 amp 77=047 &1.1, 164 11 +0o... 43.710.3 lc a 41',00 Ca(tf•dlatl94 c- t1a7anttr 7:017 Part 431. 910gL•• to Is Ctldl 07 •M 4(11( 37 Lo0x. La O'•••IL0 . ..eta., 5`0o* 37 Moor; eta Q_a•IL111041 .114111 4.10. 0,400 ti ..7r.ol 0.1 rat s-iwr• &CA Oo.11 In.a7.V 4'1041 Len., 000.. t!.-! 1..•• •On ens • 41.00. '71.0 ..- .4., .1 I.er1 Char.. A.t'r. ('• 1.01 rse;s7.1 , .u o.. t pars a aa3c .03 w: ^004101141 /t.• {0•; .. -m .4.1 goy Ir.-J.o.allm' I.•;.14 04111:._ •• 4. 43-1,, .Jmrlr» L..(rd by r. 11+00 000.3 by 7a. • 04.-1!•1 4. 1,1.tat Of L.12141 le . 10 aotte :414100.. 1:. .31 V.tao Mr MI .12 V.4.. 343341.'1o3 •rd .001041.. I.. 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U.Mf., Tat 13111 Wbv. .1rrr1(usu., b•01, us. 01400110 -h.rrl •4CUu51e. 0. 1 1 00 , 0.10 0 4 •.•03-1113 IIY 0,'S- 1•Ins101011, 0l WWDx.41..311.103 1y a70,- I'.ltn3 .ot.I7 to .a :v.. 43 (MAR 1)01 it 1003. v 00010. ma tartan d: 4a;(V 1611711:+1 kchv tl. sr 4411.5. Ur 101 a34.1ut.sy or rr1• . gt.,141; q 1 1..411 t.r61d. • ;. m'L3a. Ea (01g111v0 flax. 044F7rtnlo.01 Iri4. .413. 431 L': ..4 ..13131, r . (■ Pmj 0 1..431, 0 .0 ✓.col (31 U� 30..00 weal (4 1.41.0 .r7ularn. s.41 Grp CbC :__:. MetxOn..1..t .441 ,• 613 201 • EXHIBIT B Page 95 of 100 MARATHON ANNEX DRYWALL REPAIRS 63 4.n tee. Ara al 2 UR Ch. n (I.I.17 Faro,) w 44 [4 .4,4147 dell., teC•. n;. 1►. oa•4II ttS,1W to P44 14:454 It a 10 4 ✓. ✓:••T..•1:.- +141.4 1: . I Orr n T lr ••ua Iodlta, •W ,• Q.,. I(.1 k .II1 bbl .sl }4..4 (II f t+•1 -.••.• • ustls. la+.0 l.0•4.4_ 4411 1L064 ac;[a;t41Ip n z:a w Pn:.af -frtal:f•ersr a•l ,I01•4! ..41.1.4 • ,14. pt.cu r. 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Tll,. 1•,1.01 i mat. ,, 04.1.1 - .11.1,1 14145 .44.444.1 014)1... • .114 fie 1• G• ►t9 tl 4aai 11444.1, c 04411 41 5.0. I:#.1..14 o0,1 a1:a3.,. •/: a.aN u11/ .1a. &fl.trnr 7. fon•vo• .6 IL 1.040 ftro n:c -r•4. 1.u.:_a. at:klt,,.•• 4:14114 .21 IX::•, 141. 1-114 1.) 4...r. S.r.rl • sr'tr.11. 4.415. •741140.14. 3310 56 ,4. wnl^r •�[bt•y.. 14.4 •• 4..ltiw.i*'• 4laYL, bit -o.4... pwl•+nIw.I1r- 0407 t +. L.• .M. EXHIBIT B Page 96 of 100 MARATHON ANNEX DRYWALL REPAIRS f,4 Attachment J DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General PG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are fisted below: There have been 32 soparato instances where GranteesiRecipients or Sub - Recipients did not follc i the prescnbed rules to the part that the 016 bolioved the belo'.v fisted violations could have nullified the FERMA?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 wromert s owned firms were all given fair consideration 4. Improper "cost- plus -a- percentage -of -cost" contracting practices. The following Information comas directly from DHS's O1G 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!Stato agreement: 1. Use of improper contracting practices 2. Unsupported costs 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicab may vary with hazard mitigation projects). 6 Excessive labor and fringe benefit charges. 7. Unrelated prd;ect 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 =count for re ording 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, In o;ces, etc.) that can be readily retrieved. EXHIBIT B Page 97 of 100 MARATHON ANNEX DRYWALL REPAIRS 65 • • Research insurance coverage and see{ refrnbursernent far the maximum amount, Credit the app:oprata FEMA project with that amount. • Check with your Federal Grant Program Coa:dinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development etc.) and ensure that the final project claim does net Include casts that another Federal agency funded 'or could have funded. • Ensure that materials taken from existing inventories for use on FEMA prciects are documented by inventory we.hdrawal and usage records.. • Ensure that expenditures claimed under the FEMA project are reasonable. necessary directly benefit the project, and are authoritod under the 'Scope of Work,' I acknowledge that I have received a copy of, and have been briefed on, the.abave DI-IS QIG Audit Issues. Monroe CQuntlt 9„05:2018 Sub•Recipient Agency Cate Sa2nature Tina Bonn, $:. f13re for t;3u r Fine.t a Panted Name & Title • • EXHIBIT B Page 98 of 100 • MARATHON ANNEX DRYWALL REPAIRS 66 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: 11 you are requesting an advance, indicate same by checking the box below. [ ) ADVANCE REQUESTED Advance payment of c is requested Balance of payments will be made on a reimbursement basis_ These funds are needed to pay pending obligations for eAible work, We would not bo able to operate the program without this advance. If you are requesting an advance, complete the fo^lowing chaa and Ilse item justification below. BUDGET CATEGORY /UNE ITEMS 20_ -20_ Anticipated Expenditures for First Three Months (list applicable fine Items) of Agreement Example: PVW00001(0) Contract Work 51,500.000.00 (provide detailed Justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each fine item. provide a detailed justification explaining the need for Ina cash advance_ Tre justification must include supporting documentation that cfearly shows the advance will be expended within tho first ninety (90) days of tho contract term. Support dodJrnentation should include quotes for purchases. delivery timelines. salary and expense projections, etc. to provide Ito Division reasonable and necessary support Mat the advance will be expended within the first r ely (5:0) days of the contract term, Any advance funds not expended within the first ninety ( °D) Days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tal2ahassee, Florida 32399. within thirty (30) days of receipt, along with any interest earned on the advance). EXHIBIT B Page 99 of 100 MARATHON ANNEX DRYWALL REPAIRS Y! d i S 1 `4 1 I 090C1%Vow.ww•n w.ne wce ar : r— a C ■ �� + � i •cs oawv gl t t"" I /I . 1LDonyilla3LIONNMHIIQDNDILLVIIVIO ssa aIOW gn4 { i" I sY)NYa63sDV]landWN3lmSA,U13VJ n E: I j Vfat1!U V#1N3N103S 30NVIldWO3 VOV ('c• J� 1 d ! I i of 14 v J.rye s - — s v .-'b(f)N<:..,4t.. r u____7-3 VI der • _f --%Ill 4 e 1 I 6;' ii*W a ' a �� e I I, 11_ 1,11 ;3 i x 1i �'[ iJ 1L3 s I, i 'i !J c - Os ' 111 t. ( S. s `8 -i —inii: I ii f th �?. , ,off I / .b Li, 1 j r r_t 1J.iw -4-- i t M l - SHEET A-1 Page 100 of 100 �"1 SEATE -1 OP ID: JG '4R 08128 L CERTIFICATE OF LIABILITY INSURANCE DATE 8 /2 8 01 8 Y) 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 305 - 294 -7696 C CT Rebecca N. Horan Atlantic Pacific -Key West TA PHONE 306 - 294 - 7696 Fax 305- 294 -7383 1010 Kennedy Dr, Suite 203 (arc, No, Eat): I (A/c. No): Key West, FL 33040 _Adss: chernandez @apins.com Rebecca N. Horan INSURER(S) AFFORDING COVERAGE NAM # INSURER A: MaXUm Indemnity Company INSURED Sea Tech of the Fl Keys, Inc. INSURER S : Travelers Insurance Co. 25666 PO BOX 420528 INSURER C : Continental Casualty Company 20443 Summeriand Key, FL 33042 INSURER!) : INSURER_E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. i LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNTR TYPE OF INSURANCE Ri m I yy y n i POLICY NUMBER I IMWDDI YYY1 I (M /DD Y1 LMT A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MACE I X OCCUR GLP600255313 03/01/2018 03/01/2019 DAMAGE TO RENTED 50,000 3BEf llS.ES_(ED oscettepsw? s MED EXP (My ono person) S PERSONAL & ADV INJURY S 1,000,000 GEM. AGGR GATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY F la I LOC ODUCTLCOMP /OPAGG S 1,000,000 OTHER Emp Ben. $ 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (ED _Osaicil0 S X ANY AUTO BA2B788033 03/01/2018 03/01/2019 Boom INJURY (Per person) S — OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per acddant) S H�RE� NpN oWN�p PROPERTY DAMAGE AUTOS ONLY AUTOOS ONLY ''A - c$'/ED t ISK Ei1't" I it acddenll S l G (.I,) cJ f ' $ -- UMBRELLA LIAR -- OCCUR ®T --.00 L - �(q EACH OCCURRENCE S EXCESS UAB CLAIMS -MADE DATE a / AGGREGATE S CED 1 I RETENTIONS WAIVRI WA,_ YF8„_ s C WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y/ N 46.885792.01 -03 03/01/2018 03/01/2019 �STAT.UTE I ER 1,000,000 ANY PROPR E L EACH ACCIDENT S Q te NH) M IMBER EXCLUDED? I N/ A 1,000,000 (Ma EL DISEASE - EA EMPLOYEE S If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project: Marathon Annex Drywall Repairs & Flooring, 490 63rd Marathon Annex Not subject to cancellation , nonrenewal material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the Insurer - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN tY Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whitehead St AUTHORIZED REPRESENTATIVE Key West, FL 33040 Rebecca N. Horan I ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • NOTEPAD SEATE -1 PAGE 2 INSURED'S NAME Sea Tech of the Fl Keys, Inc. OP ID: JG Date 08/28/2018 when required by contract, in favor of the additional insureds stated above to the extent permitted by law.