Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item D09
1 County of Monroe oEO °o Q 4 BOARD OF COUNTY COMMISSIONERS o�� "� `y o Mayor David Rice, District 4 The Florida Keys J r Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I s George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting September 19, 2018 Benda ItemNumber_: D.9� Agenda Item Summary #4710 REVISED BACKUP DAY OF MEETING: Revised to attach the FDEM Agreement with the State to make it a part of the Task Order and underlying contract. BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 - 4338 N/A AGENDA ITEM WORDING: Approval to authorize the Mayor to execute a contract with Bender & Associates Architects, P.A. in the amount of $63,400.00 for Professional Architectural and Engineering Services for the repair of the West Martello Ammunition Bunker, following the damage caused by Hurricane Irma. ITEM BACKGROUND: On September 10, 2017, Hurricane Irma caused significant damage to the West Martello Ammunition Bunker including failure of large sections of the concrete ceiling. This Task Order is for those repairs pursuant to Bender's Continuing Contract dated January 21, 2015, and as amended. PREVIOUS RELEVANT BOCC ACTION: On January 21, 2015, the BOCC approved the Professional Architectural and Engineering Services Contract with Bender & Associates Architects, P.A. to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00). On January 18, 2017, the BOCC approved the first amendment to this contract to revise the Public Records Compliance contract language. On April 19, 2018, the BOCC approved the second amendment to this contract to add Federal Contract Provisions. CONTRACT /AGREEMENT CHANGES: New Task Order for Professional Architectural Services STAFF RECOMMENDATION: Approval as outlined above DOCUMENTATION: West Martello Ammo Bunker - Task Order Bender Insurance Bender 1st Amendment Bender 2nd Amendment Bender & Associates Agreement FINANCIAL IMPACT: Yes 09/19/18 125- 0459110 • HURRICANE IRMA $63,400.00 530340 REVIEWED BY: Cary Knight Completed 09/04/2018 4:43 PM Patricia Eables Completed 09/04/2018 4:52 PM Budget and Finance Completed 09/04/2018 4:55 PM Maria Slavik Completed 09/04/2018 6:10 PM Kathy Peters Completed 09/04/2018 7:02 PM Board of County Commissioners Pending 09/19/2018 9:00 AM {{ TASK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND BENDER & ASSOCIATES ARCHITECTS, P.A. FOR WEST MARTELLO AMMUNITION BUNKER HURRICANE DAMAGE REPAIR In accordance with the Consultant Agreement for Professional Architectural and Engineering Services, made and entered into on the 21 day of January, 2015, and as amended first on the 18 day of January, 2017, and as amended second on the 19 day of April, 2018, between MONROE COUNTY, hereinafter referred to as the "County," and BENDER & ASSOCIATES ARCHITECTS, P.A., hereinafter referred to as "Consultant," where professional services are allowed if construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00), hereinafter referred to as the "Agreement ". All terms and conditions of the referenced Agreement apply to this Task Order, unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task Order and the amendment, addition, or modification shall be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the of , 2018. 1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Professional Architectural and Engineering Services Agreement, the Consultant will perform services as described below: a. Consultant shall conduct an on -site evaluation and assessment of the ammunition bunker including a structural analysis and utilize these findings as the basis of design for repair of the damaged ceiling that resulted from Hurricane Irma. b. Consultant shall detail the structural repairs on the construction documents. The Consultant shall prepare drawings and specifications that comply with the Secretary of the Interior's Standards for Rehabilitation and coordinate with and obtain approvals from the County, State Division of Historical Resources, and the Key West Historic Architectural Review Commission (HARC). c. Consultant shall provide construction bidding services to include providing a list of contractor qualification requirements. Evaluate qualification submittals, attend the pre -bid conference and respond to bidder questions by addenda and make a recommendation for an award. d. Consultant shall provide construction administration services including: conduct on- site visits and attend progress meetings to confirm compliance with the contract documents and the Secretary of the Interior's Standards; file field reports; approve contractor's submittals, provide RFI responses, issue Information Bulletins as 1 documents and the Secretary of the Interior's Standards; file field reports; approve contractor's submittals, provide RFI responses, issue Information Bulletins as required, review and recommend approval of contractor invoices, and final punch list /acceptance. 2. In accordance with Article VII, paragraph 7.1.1, the County shall pay the Consultant a lump sum fee of Sixty -Three Thousand Four Hundred and 00 /100 Dollars ($63,400.00) paid on a percent complete basis for the following phases: a. On -Site Evaluation and Design Development — consisting of a structural analysis report — $25,360.00 upon document review and approval by the Director of Project Management. b. Construction Documents — consisting of drawings and specifications setting forth in detail the requirement for the construction of the project — $22,190.00 upon document review and approval by the Director of Project Management and also be reimbursed for fees paid for securing approval of authorities having jurisdiction over the project. c. Bidding Phase — $3,170.00 upon completion. d. Construction Administration — $12,680.00 upon final acceptance. 3. In accordance with Article IX, Paragraph 9.32, of the Second Amendment, which was dated April 19, 2018, to the Consultant Agreement for Professional Architectural and Engineering Services, the Consultant is bound by the terms and conditions of the Federally - Funded Subaward and Grant Agreement, Contract No. Z0002, between Monroe County and the Florida Division of Emergency Management (Division), a copy of which is attached hereto as Exhibit "A" and made a part hereof. All other Terms and Conditions of the Task Order shall remain in accordance with the Agreement dated January 21, 2015, and as amended on January 18, 2017, and on April 19, 2018. IN WITNESS WHEREOF, each party caused this Task Order to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor /Chairman • Date: MONROE COUNTY ATTORNEY'S OFFICE PPROVHD AS TO 2 PATRICIA E ABLES ASSISTANT. COUNTY ATrJpRNEY DATE: CI- 13=-1x: , t !� (SEAL) - CONSULTANT: Attest: ; i %.� AVN LEWIS BENDER & ASSOCIATES ARCHITECTS, P.A. . C om m iaalon # GG 100177 + Ekpf MaY 2, 2021 .Y,; !1 B s Troy Fain In1Utonco 600.8547 1 019 . By: By r 1.le.(Ois Mr4N. Asst-. _ v/+v J 5A y AAcwtl'f'‘cr f PAiiiM 2. Print Name Title Print Name Title Date: 1 by 1 Aol8 Date :. )y. SEPT 2o1 €' i 3 EXHIBIT "A" FDEM AGREEMENT 4 APPENDIX C-1 - Grants /Subgrants DIVISION OF EMERGENCY MANAGEMENT Grant /Grant and Aid Subgrant Routing Sheet DEM Contract/Grant Number: Z0002 Mod #: D n'tii Project Manager /font• t rson: Lili Forbe Phone: 815.4419 i�� Division Approval: `j,' Date: 3/16/18 D at Di Director Subgrantee /Funding ource: M roeC.' my / DR -4337 Received: Effective Dates: (9/1 0/1 7) - (3/1 0/1 8) Amount: $ 2,858,535.94 Type of Agreement: A) Grant _B) G & A Subgrant Agreement ) Loan Agreement D) Other (explain) Routing: Review ` ( First — Finance: Ni ■ a �evi rt e �41d 1' - �. / / / a Fiscal Mgmt Signature: 4,„,,,d. W W�F M /-- ' �' 4i V e / � / 111 First Review — Legal: � C s !n 2, ‹ . t -' ; e I� gate Received Date Reviewed Legal Signature: - /,.�. /_ ,4 - �.- - Second Review — Finance:. Date Received Date Reviewed Fiscal Mgnnt Signature: —~ Second Review — Legal: Date Received Date Reviewed Legal Signature: �^ Distribution: 1 - Division /Bureau with Original Agreement 2 - Grants with Original Agreement 3 - Fiscal Mgmt with Copy of Agreement 9V) 31°I r"'4 y F 1 4b 7, C—: • . t • t-30 ` - r � 6 '' A Cr? � -' < rvi ,j ._y, A ,. I �t L SUBGRANTEE AND CONTRACTUAL AGREEMENT INFORMATION SHEET SECTION 1 - GENERAL CONTRACT /GRANT INFORMATION CONTRACT #: Z0002 AWARD AMOUNT: $2,858,535.94 DIVISION: DEM BUREAU: Recovery PROGRAM: DR -4337 (Federal Funds) SUBGRANTEE /CONTRACTOR NAME: Monroe County SUBGRANTEE /CONTRACTOR ADDRESS: 1100 Simonton St.,Ste. 2 -213, Key West, FL 33040 WARRANT REMITTANCE ADDRESS) Same as above SUBGRANTEE /CONTRACTOR CONTACT PERSON & TITLE: Laura deLoach - Hartle, Finance & Shared Services Manager PHONE: 305.292.4482 FAX: E -MAIL: deloachhartle- laura(a�monroecounty- fl.Qov DEM CONTRACT MANAGER: Lili Forbes BEGINNING DATE: (9/10/17) ENDING DATE: (03/10/18) FEDERAL EMPLOYER IDENTIFICATION /SOCIAL SECURITY NUMBER: 59- 6000749 ' 1 4 OR SAMAS FUND IDENTIFICATION NUMBER (STATE AGENCIES ONLY - 29 DIGITS) MINORITY VENDOR CODE: (If Applicable, choose one: H- Black, I- Hispanic, J- Asian, K- Native American, M- Woman) SECTION 2 - SUBGRANT RECIPIENT DATABASE INFORMATION ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY: COUNTY COUNTY AWARD AMOUNT COUNTY MATCH AMOUNT Monroe $2,858,535.94 $ STATEWIDE ALLOCATION SECTION 3 - SUBGRANT /CONTRACT FINANCIAL INFORMATION GRANT REPORTING REQUIREMENTS: QR (Grant Awards Only) (MO- Monthly, QR- Quarterly, NA) ORGANIZATION LEVEL: 31800400000 CFDA #: 97.036 CSFA #: DEM GRANT # 43 FUND 1 2- 750001 - 105150 EO Z2 $ 2,858,535.94 ctt o,5 DEM GRANT# 4,33-7�'S FUND 2 2- 239047 - 105150 EO Z3 $ GG DEM GRANT # FUND 3 EO $ IF THIS IS A MODIFICATION: MODIFICATION #: EFFECT OF MODIFICATION: AMOUNT OF INCREASE /DECREASE IN AWARD AMOUNT: SECTION 4 - FINANCE AND ACCOUNTING USE ONLY (To be completed by Finance and Accounting) FID #: SAMAS CONTRACT #: INPUT BY: DATE: FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON -STATE ORGANIZATIONS RECIPIENT /SUBRECIPIENT VS. VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor's website ( http : / /www.myflorida.com /myflorida/ government /governorinitiatives /fsaa /index.html). If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it now. (Applies only to State agencies) This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non - state organizations' after a state program has been determined (using the Florida Single Audit Act State Project Determination Checklist) to provide state financial assistance (i.e. is a State Project as defined in 215.97 (2)(r), F.S.). This checklist assists in determining if the non -state organization is a vendor, recipient/subrecipient, or an exempt organization. I A non -state organization is defined as a nonprofit organization, for - profit organization (including sole proprietors), or Florida local government (excluding district school boards, charter schools and community colleges), which receives State resources. Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the FSAA to non -state organizations to which they provide State resources to assist in carrying out a State Project. Name of Non -state Organization: Mnnrne County Type of Non -state Organization: [(Ina! GnvarnmPnt (i.e. nonprofit, for - profit, local government; if the non -state organization is a local government, please indicate the type of local government — municipality, county commission, constitutional officer, water management district, etc.) Awarding Agency: Divisinn of FmQrgency ManagPmant Title of State Project: FM ral Puhlic Assistance DR -4337 Catalog of State Financial Assistance (CSFA) Number: Contract/Grant/Agreement Number: 7nnn2 PART A YES NO X 1. Is the non -state organization a district school board, charter school, community college, government/public university outside of Florida or a Federal agency? X 2. Is the relationship with the non -state organization only to procure commodities (as defined in 287.012(5) F.S.)? X _ 3. Does the relationship with the non -state organization consist of only Federal resources, State matching resources for Federal Programs or local matching resources for Federal Programs? X 4. Does the relationship with the non -state organization consist of only State maintenance of effort (MOE) resources that meet all of the following criteria? X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? X B. Do contracts contain sufficient language to identify the State MOE resources and the associated Federal Program? X C. Do A -133 audit requirements apply to the State MOE resources and do contracts stipulate that the State MOE resources should be tested in an A -133 audit in accordance with Federal Program requirements? 2 MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A -133 Compliance Requirement G (Matching, Level of Effort, Earmarking). If any of 1-4 above is yes, the recipient/vendor relationship determination does not need to be completed because the FSAA is not applicable to the non -state organization. Revised January 01, 2002 Form Number: FSAA_CL2 PART B RecipientNendor Relationship Determination: The following should be analyzed for each relationship with a non -state organization where it has been determined that the state program provides state financial assistance (i.e. is a State Project) and the non -state organization is not exempt based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or application. YES NO 1. Does State law or legislative proviso create the non -state organization to carry out this State Project? _ 2. Is the non -state organization required to provide matching resources not related to a Federal Program? 3. Is the non -state organization required to meet or comply with specified State Project requirements in order to receive State resources? (State Project requirements include laws, rules, or guidelines specific to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of specified assets, etc. Specified State Project requirements do not include procurement standards, general guidelines, or general laws /rules.) _ 4. Is the non -state organization required to make State Project decisions, which the State agency would otherwise make? (e.g. determine eligibility, provide case management, etc.) 5. Is the non -state organization's performance measured against whether State Project objectives are met? (e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc. Performance measures may or may not be related to State performance -based budgeting.) If any of the above is yes, there is a recipient/subrecipient relationship and the non -state organization is subject to the FSAA. Otherwise the non -state organization is a vendor and is not subject to the FSAA. PART C Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion regarding the non -state organization: (Check one) Recipient /Subrecipient:— Vendor: Exempt Organization: Comments: Print Name: I ili Fnrhas Telephone Number: g15 Title: Grant Manage Signature: Date: Note it is the program personnel's responsibility to notify Finance and Accounting of which non -state organizations have been determined to be recipients and are receiving state financial assistance (i.e. disbursements must be coded as 7500 object code in FLAIR). Note it is possible to have a contractual agreement with a non -state organization under Chapter 287, Florida Statutes, and still consider the non -state organization a recipient under the Florida Single Audit Act. If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in the document that established the State's, recipient's, or subrecipient's relationship with the non -state organization. Questions regarding the evaluation of a non -state organization or if it has been determined that the non -state organization is a recipient and a CSFA number has not been assigned, contact your FSAA State agency liaison or the Executive Office of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850) 487 -3832 or Suncom 277 -3832. Reference may be made to Rule 27D -1, FAC. Revised January 01, 2002 Form Number: FSAA_CL2 Contract Number: Z0002 FEDERALLY - FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass- through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass- through entity" means "a non - Federal entity that provides a subaward to a Sub - Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub- Recipient" means "a non - Federal entity that receives a subaward from a pass- through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass- through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass- through entity to a Sub - Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass- through entity.' The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub - Recipient's name: Monroe County Sub - Recipient's PA ID /FIPS Number: 087 - 99087 -00 Sub - Recipient's unique entity identifier: 021771709 Federal Award Identification Number (FAIN): 4337DRFLP0000001 Federal Award Date: 9/30/2017 Subaward Period of Performance Start and End Date: 9/10/2017 — 03/10/2018 Amount of Federal Funds Obligated by this Agreement: $2,858.535.94 Total Amount of Federal Funds Obligated to the Sub - Recipient by the pass- through entity to include this Agreement: $2.858,535.94 Total Amount of the Federal Award committed to the Sub - Recipient by the pass- through entity: $2,858,535.94 Federal award project description (see FFATA) Grant to Local Government for debris removal, emergency protective measures and repair or replacement of disaster damaged facilities Name of Federal awarding agency: Dept. of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Name of pass- through entity: Florida Division of Emergency Management (FDEM) • 2 Contact information for the pass- through entity: 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.036 Public Assistance Whether the award is Research & Development: N/A Indirect cost rate for the Federal award: See by 44 C.F.R. 207.5(b)(4) 3 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to the "Division "), and Monroe County, (hereinafter referred to as the "Sub- Recipient "). For the purposes of this Agreement, the Division serves as the pass- through entity for a Federal award, and the Sub - Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub - Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub- Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub - Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the states own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance ", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub - Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub - Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub - Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 4 vi. A provision specifying that any funds paid in excess of the amount to which the Sub - Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub - Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub - Recipient. As part of his /her duties, the Grant Manager for the Division shall: i. Monitor and document Sub - Recipient performance; and, ii. Review and document all deliverables for which the Sub - Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Lililita Forbes 2555 Shumard Oak Blvd. Ste. 360 Tallahassee, FL 32399 -2100 Telephone: 850 - 815 -4419 Email: Lililita .Forbes @em.myflorida.com c. The name and address of the Representative of the Sub - Recipient responsible for the administration of this Agreement is: Laura deLoach - Hartle 1100 Simonton St., Ste. 2 -213 Key West, FL 33040 -3110 Telephone: 305-292-4482 Email: deloachhartle -(aura @monroecounty- fl.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub - Recipient's responsibility to authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the Designation of Authority (Agents) in Attachment D may authorize addition or removal of agency users. 5 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this agreement must be executed incorporating the Project as identified by number, budget, and scope of work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for the Project. (7) SCOPE OF WORK. The Sub - Recipient shall perform the work in accordance with the Budget and Project List — Attachment A and Scope of Work, Deliverables and Financial Consequences — Attachment B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end six (6) months from the date of declaration for Emergency Work (Categories A & B) or eighteen (18) months from the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub - Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub - Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub - Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost - reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub - Recipient only for allowable costs incurred by the Sub - Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ( "Budget and Project List "). The maximum reimbursement amount for the entirety of this Agreement is two million, eight hundred fifty -eight thousand, five hundred and thirty -five dollars and ninety -four cents ($2,858,535.94). 6 d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub - Recipient, which reads as follows: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729 -3730 and 3801 - 3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub - Recipient in FloridaPA.org against a performance measure, outlined in Attachment B, Scope of Work, Deliverables, and Financial Consequences, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal ", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub - Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub - Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation— personal services ") and 2 C.F.R. §200.431 ("Compensation= fringe benefits "). If authorized by the Federal Awarding Agency, and if the Sub - Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required bylaw, Sub- Recipient- employee agreement, or an established policy of the Sub - Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family - related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, 7 iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non - Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub - Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub - Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub - Recipient in its regular operations as a result of the Sub - Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub - Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub - Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub - Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub - Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. 8 The right of access also includes timely and reasonable access to the Sub- Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub - Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub - Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass- through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass- through entity, the 5 -year retention requirement is not applicable to the Sub - Recipient. v. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non - Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub - Recipient when it determines that the records possess long -term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub - Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. 9 f. As required by 2 C.F.R. §200.303, the Sub - Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub - Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone. is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub - Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub - Recipient shall maintain all records for the Sub - Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements 10 and objectives of the Budget and Project List — Attachment A, Scope of Work — Attachment B, and all other applicable laws and regulations. (11)AUDITS a. The Sub - Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub - Recipient shall follow Generally Accepted Accounting Principles ( "GAAP "). As defined by 2 C.F.R. §200.49, GAAP has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub - Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS "). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub - Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub - Recipient of such non- compliance. e. The Sub - Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub - Recipient's fiscal year. f. The Sub- Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub - Recipient, to the Division at the following address: DEMSingle _Audit @em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 g. The Sub - Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/facicollect/ddeindex.html h. The Sub - Recipient shall send any management letter issued by the auditor to the Division at the following address: 11 DEMSingle_Audit@em.myflorida.com OR Office of the inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub - Recipient shall provide the Division with quarterly reports and a close -out report. These reports shall include the current status and progress by the Sub - Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31, c. The closeout report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Project List — Attachment A, and Scope of Work — Attachment B. e. The Sub - Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub - Recipient shall provide additional reports and information identified in Attachment G — Public Assistance Program Guidance. (13)MONITORING. a. The Sub - Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and /or other procedures. The Sub - Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub - Recipient is appropriate, the Sub - Recipient agrees to comply with any additional instructions provided by the Division 12 to the Sub - Recipient regarding such audit. The Sub - Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub - Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub - Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub - Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub - Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub - Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub - Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub - Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur ( "Events of Default "), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub- Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub - Recipient at any time during the term of this Agreement, and the Sub - Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub - Recipient has failed to perform and complete on time any of its obligations under this Agreement. 1 3 (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub - Recipient and upon the Sub - Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub - Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub - Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub - Recipient to determine the reasons for or the extent of non - compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub - Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub - Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub - Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub - Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub - Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub- Recipient with thirty (30) calendar days prior written notice. 14 c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub - Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub- Recipient has received the notification of termination. The Sub - Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub - Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub - Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub - Recipient for the purpose of set -off until the exact amount of damages due the Division from the Sub - Recipient is determined. (18)PROCUREMENT a. The Sub - Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non - Federal Entity Contracts Under Federal Awards "). b. As required by 2 C.F.R. §200.318(b), the Sub - Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(1), the Sub - Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall forward to the Division a copy of any solicitation (whether competitive or non - competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub - Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub- Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub - Recipient remains 15 bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub - Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub - Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub - Recipient for any costs associated with that solicitation. e. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub - Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub - Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub - Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub - Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub - Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non - compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub - Recipient for any costs associated with that subcontract. f. The Sub - Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub - Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. 16 g. As required by 2 C.F.R. §200.318(c)(1), the Sub - Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub - Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub - Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub - Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub - Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub - Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub - Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub - Recipient shall comply with the requirements of 2 C.F.R. §200.321 ( "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms "). (19)ATTACHMENTS 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 language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Project List iii. Attachment B — Scope of Work, Deliverables, and Financial Consequences iv. Attachment C — Certification Regarding Debarment v. Attachment D — Designation of Authority vi. Attachment E — Statement of Assurances vii. Attachment F — Election to Participate in PA Alternative Procedures (PAAP) viii. Attachment G — Public Assistance Program Guidance ix. Attachment H — FFATA Reporting x. Attachment I— Mandatory Contract Provisions xi. Attachment J — DHS OIG Audit Issues and Acknowledgement xii. Attachment K — Justification of Advance Payment (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest - bearing account unless otherwise governed by program specific waiver. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment K — Justification of Advance Payment. The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier within (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief 18 Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub - Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this agreement, subject to the exhaustion of appeals, are due no later than thirty (30) days from notification by the Division of funds due. FEMA only allows thirty (30) days from deobligation for the funds to be repaid before it will refer the amount to the FEMA Finance Center (FFC) for collection. b. The Sub - Recipient understands and agrees that the Recipient may offset funds due and payable to the Sub - Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub - Recipient via the entry of notes in FloridaPA.org. c. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management ", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 d. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub - Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub - Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub - Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub - Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict. and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. 19 d. The Sub - Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub - Recipient which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, - falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub - Recipient is unable to certify to any of the statements in this certification, then the Sub - Recipient shall attach an explanation to this Agreement. h. In addition, the Sub - Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for the Sub - Recipient agency and each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub - Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the 20 provisions of Chapter 119, Florida Statutes, which the Sub - Recipient created or received under this Agreement. j. If the Sub - Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. k. The State of Florida will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ("INA ") }. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub - Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200,450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub - Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub - Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any,Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 21 connection with this Federal contract, grant, loan or cooperative agreement, the Sub - Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Sub- Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub - Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB - RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub - Recipient has a pre- existing patent or copyright, the Sub - Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub - Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub - Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub - Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub - Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub - Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub - Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- 22 Recipient shall become the sole property of the Sub - Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub - Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub - Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60- 1.4(b), the Sub - Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 23 iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. v. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub - Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub - Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. • • 24 d, The Sub - Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub - Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub - Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub - Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI- KICKBACK ACT The Sub - Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the 25 • purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)SUSPENSION AND DEBARMENT Per 2 C.F.R. 200.213 Suspension and debarment, non - Federal entities are subject to the non - procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. ill. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI- LOBBYING AMENDMENT If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti - Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file • 26 the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub- Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub - Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and - vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub - Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub - Recipient to break a single project down into 27 smaller components in order to circumvent the micro - purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting "). (33)ASSURANCES. The Sub - Recipient shall comply with any Statement of Assurances incorporated as Attachment E. 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB - RECIPIENT: MON - OE COUNTY -• 41 (S A , t . CLERX / By: / TT$T Name and title: D i al Y,, 1" Ni i me M Ayo ✓ DEPO1Y CLERK Date: M4 .L- 2, 2•o1g FEID# 59- 6000749 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By r Po N me a d Title: Wesley Maul, Director V c+so // WI ..e4I -tr Date: `i ' - 1 0 MONROE COUNTY ATTORNEY A P P O ED AST FORM: 0� c CHRISTINE LIMBERT - BARROWS ASSISTANT COUNTY TTORNEY DATE: , 29 EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB - RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $ 2,858 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Federal Program: 1. Sub - Recipient is to use funding to perform eligible activities in accordance with the Public Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub - Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included on pg. 1 of this subgrant agreement and in Exhibit 1 be provided to the Sub - Recipient. 30 Attachment A Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that the Federal Emergency Management Administration (FEMA) has obligated for a Sub - Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s) that have been obligated are: DR -4337 Sub - Recipient: MONROE COUNTY PW Cat Project Title Estimated Fed Federal State Local Total Funding Total % Share Share Share 22(0) i B Force Account $2,667,613.65 100% $2,667,613.65 0 0 $2,667,613.65 Labor first 30 days 39(0) B Fire Rescue $106,465.29 100% $106,465.29 0 0 1$106,465.29 Medical Supplies 41(0) B Temporary $60,949.50 100% $60,949.50 0 0 1 $60,949.50 Sanitary Facilities Rentals for 100 1 48(0) B Te mporary $23,507.50 100% $23,507.50 0 I 0 $23,507.50 fence 1 • I E I ; } I I P 1 DR -4337 Total $2,858,535.94 '• 31 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scone of Work Complete eligible Projects for emergency protective measures, debris removal, repair or replacement of Disaster damaged facilities. When FEMA has obligated funding for a Sub - Recipient's PW, the Division notifies the Sub - Recipient with a copy of the PW (or P2 Report). A Sub - Recipient may receive more than one PW and each will contain a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables Large Projects Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub - Recipient prior to acceptance for payment. Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon: • Timely submission of Quarterly Reports (due 30 days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement) at least quarterly and supported by documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph 7 of this agreement. • Timely submission of Request for Final Inspection (within ninety (90) days of project completion — for each project). • Sub - Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms G702 and G703, as required below. o A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's project personnel with each reimbursement request attesting to the following: the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Recipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by the Division, signed by the contractor and inspection /certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. 32 Five percent (5 %) of the total eligible amount (including Federal, state and local shares) will be withheld from payment until the final Request for Reimbursement (or backup for advance expenditure) has been verified as acceptable by the Division's grant manager, which must include dated certification that the Project is 100% complete. Further, all required documentation must be available in FloridaPA.org prior to release of final 5 %, to include permits, policies & procedures, procurement and insurance documents. Small Projects Small projects will be paid upon obligation of the Project Worksheet. Sub - Recipient must initiate the Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA.org, selecting the Sub - Recipient's account, then selecting 'Create New Request', and selecting 'New Small Project Completion /Closeout'. Complete the form and 'Save'. The final action is to Advance the form to the next queue for review. Financial Consequences: For any Project (PW) that the Sub - Recipient fails to complete in compliance with Federal, state and local requirements, the Division shall withhold a portion of the funding up to the full amount. Any funds advanced to the Sub - Recipient will be due back to the Division. 33 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub - recipient, Monroe County , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub - recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Monroe County BY: �_ � Monroe County Sj ature ' Sub- Recipient's Name David Rice, Mayor Z0002 Name and Title DEM Contract Number 1100 Simonton Street Street Address FEMA Project Number Key West, Florida 33040 City, State, Zip March 19, 2018 Date 34 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub - Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will lock them out. Each user must log in within a 60 -day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have full access /authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports /requests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed and this contact will have full access). Block 3: "Alternate Agent" — This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed and this contact will have full access). Block 4, 5, and 6: "Other" (Finance /Point of Contact, Risk Management- Insurance, and Environmental - Historic). Providing these contacts is essential in the coordination and communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other' contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read - Only" designation cannot take any action in FloridaPA.org. 35 DESIGNATION OF AUTHORITY (AGENTS) FEMA /GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub - Grantee: Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Box 3: Alternate Agent (Full Access) Box 4: Other - Finance /Point of Contact (Full Access) Agent's Name Official's Narne Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Box 5: Other - Risk Mgmt Insurance (Full Access) Box 6: Other - Environmental Historic (Full Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position • Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address I E -mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub - grantee for the purpose of obtaining certain Grantee and Federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93 -288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub - Grantee in all dealings with the State of Florida, Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub - grantee. Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Sub - Grantee Authorized Agent Signature Date 36 DESIGNATION' OF AUTHORITY (AGENTS) FEMA /GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub - Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone { Daytime Telephone E -mail Address E -mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature • Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E -mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position • • Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Sub- Grantee's Fiscal Year (FY) Start: Month: Day: . Sub - Grantee's Federal Employer's Identification Number (EIN) - Sub Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub - Grantee's: FIPS Number (If Known) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff tumover. Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. REV. 09 -09 -2017 DISCARD PREVIOUS VERSIONS 37 Attachment E STATEMENT OF ASSURANCES 1) The Sub - Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A -21, A -87, A -110, A- 122, and A -128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this Federally- assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub - Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub - Recipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub - Recipient further assures it will: a. Have sufficient funds available to meet the non - Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met, all contracts meet Federal, State, and local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications, and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United States and the Grantee /Recipient all lands, easements and rights -of -way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee /Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for 38 themselves or others, particularly those with whom they have family, business, or other ties. h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: is consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with ail requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: 1 create and make available documentation sufficient to demonstrate that the Sub - Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. return the property to its natural state as though no improvements had been contained thereon; iii. furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub - Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with require ments of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and /or hazardous materials present; v. provide supervision over contractors or employees employed by the Sub - Recipient to remove asbestos and lead from demolished or otherwise • applicable structures; vi. leave the demolished site clean, level, and free of debris; vii. notify the Grantee /Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; xi. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii. provide documentation of public notices for demolition activities. 39 k. Require facilities to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1 -1961, as modified. The Sub - Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for $500,000 (—° or more: m. Return overpaid funds within the forty -five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee /Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub - Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally- assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600 -605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of riot less than one and one -half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed work -week. g. Anti - Kickback Act of 1986, which outlaws and prescribes penalties for "kick- backs" of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase 40 "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. j. Insurance requirements of Section 314, PL 93 -288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future Toss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or reguiations, and assure the compliance of all its Sub - Recipients and contractors. I. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations; and Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub - Recipients and contractors. p. Provisions of Section 311, P.L. 93 -288, and with the Civil Rights Act of 1964 (P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees /Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub - Recipient, this assurance shall obligate the Sub - Recipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. 41 r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff /termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514 (NEPA). iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898 (Environmental Justice). 5) For Grantees /Recipients other than individuals, the provisions of the DRUG -FREE WORKPLACE as required by the Drug -Free Workplace Act of 1988. 42 This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and /or other Federal financial assistance extended to the Sub - Recipient by FEMA. The Sub - Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee /Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Sub - Recipient, its successors, transferees, and assignees FOR THE SUBGRANTEE/SUB- RECIPIENT Signature Tina Boan, Sr. Director Budget & Finance 03/05/2018 Printed Name and Title Date 43 Attachment F Election of Participation in Public Assistance Alternative Procedures (PAAP) Pilot Program Should the Sub - Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division B of P.L. 113 -2), execution of a Supplemental Funding Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub - Recipient prior to the payment of such funds by the State as the Recipient. Payments processed under the Alternative Procedures provisions will be requested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will, however, be treated as an advance for purposes of Requests for Reimbursement (RFRs) and satisfaction of the requirement that ninety percent (90 %) of previously advanced funds must be accounted for prior to receiving a second advance. In order to elect to participate in the PAAP program for one of the following options, you must read the Guidance found at https: / /www.fema.gov /alternative - procedures and then complete the required documents on the following pages. The documents can be found under the Permanent Work section of the webpage in editable .pdf format if preferred. PAAP for Debris Removal (Category A) Required Documents: • Public Assistance for Alternative Procedures Pilot Program for Debris Removal Acknowledgement https://www.fema.gov/media-library-data/1504811965699- 24dfda9ae3e22d450582563bdb62e0f1/APPENDIX A Revised for limited sliding scale 8-23 - 17.pdf PAAP for Permanent Work (Categories C -G) Required documents: • Fixed Subgrant Agreement Letter https://www.fema.gov/media-librarv-data/1388154577585- 398aea786c6aedbd048c371270fd7b22/508 PA Alternative Procedures Pilot Program Penman ent Work Fixed Subgrant Agreement Letter %2012- 13- 13.pdf • Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement https://vvww.fema.gov/media-librarv-data/1388155802544- 11629c78f8308b5c4120deb135460129/PA Alternative Procedures Pilot Program Permanent Work Acknowledgement %2012- 13- 13.pdf All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures, FAQs, Archived Does, etc.) may be found at: https: / /www.fema.gov /media - library /assets /documents /115868 Note: PAAP Pilot Program Guide for Debris Removal (Version 5) published June 28, 2017 contains the following changes: The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for one year to June 27, 2018. As part of the extension, FEMA will only authorize the sliding scale provision in events with significant debris impacts. The other three provisions available under the Pilot remain unchanged. For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot's sliding scale provision to high impact incidents that meet the following criteria: high concentration of localized damage; 44 large quantities of debris (over $20M or 1.5 million cubic yards); and disasters declared very soon after the incident (8 days) to incentivize rapid debris removal. This guide is applicable to disasters declared on or after June 28, 2017. The changes to the sliding scale provision are applicable to disasters declared on or after August 28, 2017. This version of the pilot guide supersedes the previous pilot guide for debris removal (V4) which was published June 28, 2018. 45 Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program. As a representative of the subrecipient, we elect to participate in the following: ❑ Accelerated Debris Removal - increased Federal cost share (sliding scale) x Recycling Revenue (subrecipient retention of income from debris recycling without a award offset) x One -time incentive for a FEMA- accepted debris management plan and identification of at least one pre - qualified contractor x Reimbursement of straight time force account labor costs for debris removal 1.. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its debris removal subawards. 2. For the sliding scale, the subrecipient accepts responsibility for any costs related to debris operations after six months from the date of the incident unless, based on extenuating circumstances, FEMA grants a time extension. 3. The subrecipient acknowledges that FEMA may request joint quantity evaluations and details regarding subrecipient operations necessary to assess the pilot program procedures. 4. All contracts must comply with local, state, and Federal requirements for procurement, including provisions of 2 CFR Part 200. 5. The subrecipient must comply with all Federal, state and local environmental and historic preservation laws, regulations, and ordinances. 6. The Office off Inspector General may audit any subrecipient and /or subaward. -" , "�1 �" ..• .. 03/05/2018 Signatur- of Subrecipient's Authorized Representative Date Tina Boan, Sr. Director Budget & Finance Printed Name and Title Monroe County Sub - Recipient Name PA ID Number ❑ We elect to not participate in the Alternative Procedures for Debris Removal. 46 FIXED SUBGRANT AGREEMENT LETTER DATE: To Address: To FEMA: As a Public Assistance (PA) Sub - Recipient (PA ID ), in accordance with Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, we agree to accept a permanent work subgrant based on a fixed estimate in the amount of $ for subgrant number (copy attached) under Disaster # . We accept responsibility for all costs above the fixed estimate. We understand that by participating in this pilot program we will be reimbursed for allowable costs in accordance with 44 CFR § 13.22(b) — "Applicable cost principles ", the reimbursement will not exceed the fixed estimate. We also understand that by agreeing to this fixed estimate, we will not receive additional funding related to the facilities or sites included in the subgrant. We also acknowledge that failure to comply with the requirements of applicable laws and regulations governing assistance provided by FEMA and the PA alternative procedures pilot program guidance (such as procurement and contracting; environmental and historic preservation compliance; and audit and financial accountability) may lead to loss of Federal funding. Signature of Sub - Recipient's Authorized Representative Date Printed Name and Title Signature of Grantee's Authorized Representative Date Printed Name and Title 47 Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program. As a representative of the Sub - Recipient, our agency understands the following: 1. We plan to participate in the following elements: ❑ Subgrants based on fixed estimates, and as the Sub - Recipient, accept responsibility for costs above the estimate ❑ Consolidation of multiple fixed subgrants into a single subgrant ❑ FEMA validation of Sub - Recipient - provided estimates ❑ Elimination of reduced eligible funding for alternate projects ❑ Use of excess funds ❑ Review of estimates by an expert panel for projects with a Federal share of $5 million or greater 2. The pilot is voluntary, and a Sub - Recipient may participate in alternative procedures for one or more large project subgrants. 3. If the Sub - Recipient accepts a fixed subgrant estimate, the Sub - Recipient understands they are responsible for all costs greater than the fixed amount. 4. The Sub - Recipient agrees to notify the Grantee regarding the specific use of excess funds. 5. All contracts must comply with local, State, and Federal requirements for procurement, including provisions of 44 CFR Part 13. 6. The Office of Inspector General may audit any Sub - Recipient and /or subgrant. 7. EHP review must be completed for all subgrants, including cases where new scopes of work would require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this requirement may lead to loss of Federal funding. 8. The Sub - Recipient may submit appeals in accordance with 44 CFR §206.206. However, FEMA will not consider appeals solely for additional costs on fixed subgrants. Signature of Sub - Recipient's Authorized Representative Date Printed Name and Title Sub - Recipient Name PA ID Number ❑ We elect to not participate in the Alternative Procedures for Permanent Work. 48 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'S /RECIPIENT'S WEB -BASED PROJECT MANAGEMENT SYSTEM ( FloridaPA,org) Sub - Recipient s must use the Grantee's /Recipient's web -based project management system, FloridaPA.org, (available at www.FloridaPA.org) to access and exchange project information with the State throughout the project's life. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub - Recipient. The Sub - Recipient is required to have working knowledge of the FloridaPA.org system. PROJECT DOCUMENTATION The Sub - Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one (1) PW. The Sub - Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Sub - Recipient account closeout by FEMA. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non - expendable personal property valued at $5,000 —° or more at the time it is acquired must be retained for five (5) years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. INTERIM INSPECTIONS Interim Inspections may be requested by the Sub - Recipient, on both small and large projects, to: i. conduct insurance reconciliations; ii. review an alternate scope of work; iii. review an improved scope of work; and /or iv. validate scope of work and /or cost. Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under the following conditions: i. a quarterly report has not been updated between quarters; ii. the Sub - Recipient is not submitting Requests for Reimbursement (RFR's) in a timely manner; 49 iii. requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and/or iv. there are issues or concerns identified by the Recipient that may impact funding under this agreement. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub - Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub - Recipient should notify the Recipient within sixty (60) days of Project completion. The Sub - Recipient should include the following information with its closeout request: • Certification that project is complete; • Date of project completion; and • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Sub - Recipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount, the Sub - Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re- evaluate the cost - effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub - Recipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VIl.G and guidance provided at http: / /www.fema.gov /alternative- procedures. Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub - Recipient did not complete the approved SOW; • The Sub - Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. If none of the above applies, the Sub - Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub - Recipient must request the additional funding through the appeal process, described in the • 50 PAPPG Chapter 3 :IV.D, within sixty (60) days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and /or outside of the approved performance period cannot be reimbursed. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is 18 months from the declaration date. Type of Work Months Emergency Work 6 Permanent Work 18 If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a time extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and • The project timeline with the projected completion date The State (FDEM) has the authority to grant limited time extensions based on extenuating circumstances or unusual project requirements beyond the control of the Sub - Recipient. It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those funded under the PAAP Accelerated Debris Removal procedure and projects for temporary facilities. With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations (such as short construction window) • Inclement weather (site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved 51 SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the Applicant did not restore. Request should be submitted prior to current approved deadline, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline / project schedule in support of requested time • Basis for time extension request: o Delay in obtaining permits • Permitting agencies involved and application dates o Environmental delays or limitations (e.g., short construction window, nesting seasons) • Dates of correspondence with various agencies • Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a request does not automatically grant an extension to the period of performance. Without an approved time extension from the State of FEMA (as applicable), any expenses incurred outside the P.O.P. are ineligible. INSURANCE The Sub - Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and /or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub - Recipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and /or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252 -253, for damaged facilities, the Sub - Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future Toss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than $5,000° — °. In addition to the preceding requirements, the Sub - Recipient under - stands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub - Recipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. The Sub - Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252 -253. 52 The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub - recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub - Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. DUPLICATION OF BENEFITS The Sub - Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub - Recipient receive any other duplicate benefits from any source whatsoever. The Sub - Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Sub - Recipient has received payment from the Recipient. The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. In the event the Recipient determines the Sub - Recipient has received duplicate benefits, the Sub - Recipient gives the Grantee/ Recipient and /or the Chief Financial Officer of the State of Florida, the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub - Recipient, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. COMPLIANCE WITH PLANNING /PERMITTING REGULATIONS AND LAWS The Sub - Recipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub - grantee /Sub- Recipient, and any land use permitted by or engaged in by the Sub - grantee /Sub- Recipient, must be consistent with the local government comprehensive plan. The Sub- Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub - Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. FUNDING FOR LARGE PROJECTS Although Large project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub - Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). The submission from the Sub - Recipient requesting this reimbursement must include: a) a Request for Reimbursement (available in FloridaPA.org); 53 b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and c) the FDEM Cost Claim Summary Workbook (found in the Forms section of FloridaPA.org), along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders, etc. ADVANCES Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment. Notwithstanding Paragraph 9) Funding, in the Agreement, these payments are not bound by Section 216.181(16), Florida Statutes. 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A -87, A -110, A -122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest - bearing account with the interest being remitted to the Recipient as often as practicable, but not later than ten (10) business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA) the Sub - Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Sub - Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Sub - Recipient must complete a Request for Reimbursement (RFR) via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub - Recipient, not exceeding the Federal share, only if the Sub- Recipient meets the following conditions: a) the Sub - Recipient must certify to the Recipient that Sub - Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Sub - Recipient must submit to the Recipient the budget supporting the request. 8. The Sub - Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety (90) days after receipt of the Advance; 9. The Recipient may, in its sole discretion, withhold a portion of the Federal and /or nonfederal share of funding under this Agreement from the Sub - Recipient if the Recipient reasonably expects that the Sub - Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub - Recipient was improper. 54 DESIGNATION OF AGENT The Sub- Recipient must complete Attachment D by designating at least three agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Sub - Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub - Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub- Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. DUNS Q &A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine -digit identification number provided by Dun & Bradstreet (D &B). The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants /prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D &B representative. This process will take approximately 5 —10 minutes and you will receive your DUNS number at the conclusion of the call. 1- 866 -705 -5711 What do I need before I request a DUNS number? Before you call D &B, you will need the following pieces of information: • Legal Name • Headquarters name and address for your organization • Doing business as (dba) or other name by which your organization is commonly recognized • Physical address • Mailing address (if separate from headquarters and /or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. 55 How do I see if my institution already has a DUNS number? CaII the toll free number above and indicate that you are a Federal grant and /or cooperative agreement applicant. D &B will tell you if your organization already has a number assigned. If not, they will ask if you wish to obtain one. Should we use the +4 extension to the DUNS number? Although D &B provides the ability to use a 4 -digit extension to the DUNS number, neither D &B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi- campus systems? Multi- campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. Does the DUNS number need to be included on individual fellowship applications? Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the application. Individual Kirschstein -NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. What does the DUNS number have to do with the Central Contractor Registry (CCR), soon to be the Business Partner Network (BPN)? Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically through Grants.gov. Your organization will need a DUNS number in order to register in the CCR. The CCR is the central registry for organizations that have received Federal contracts. If your organization has received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that your organization information is up to date. For more information about the CCR, please visit the CCR web site at: www.ccr.gov. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Does this apply to non -US organizations? Yes, this new requirement applies to all types of grantee organizations including foreign, non - profit, for profit as well as for state and Federal government agencies. Does this apply to non- competing progress reports? No. This new requirement applies only to competing applications. Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non - profit organization they may operate are exempt from this requirement. Also individual Kirschstein -NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically this request would come from the finance /accounting department or some other department that conducts business with a large cross section of the institution. 56 We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included in any marketing list. What can we do? Inclusion on a D &B marketing list is optional. If you do not want your name /organization included on this marketing list, request to be de- listed from D &B's marketing file when you are speaking with a D &B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone number 1- 866 - 705 -5771. If you have questions concerning this new Federal -wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202 - 395 -3993 or via e-mail at sswab @omb.eop.gov. Substitute Form W -9 For the purpose of this Agreement, a Sub - Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W -9. The purpose of a Form W -9 is to provide a Federal Taxpayer Identification Number (TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W -9 ensures that the State's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue Service Form W -9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W -9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W -9 on the State's Vendor Website at https : / /flvendor.myfloridacfo.com. 57 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http: / /www.usaspending.gov /. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ( "FDEM" or "Division ") must use to capture and report sub -award and executive compensation data regarding first -tier sub - awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub - awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: N/A - Do not Complete FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ Federal share amount only OBLIGATION /ACTION DATE: date awarded to State of Florida SUBAWARD DATE (if applicable): DUNS #: DUNS# +4: *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866- 705 -5711 or use the web form ( http: / /fedgov.dnb.com /webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1 :. 58 ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE +4 ** PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA #): DESCRIPTION OF PROJECT (Up to 4000 Characters) Complete eligible Projects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE +4 ** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: * *Providing the Zip +4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No'; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpllwww .sec.govlanswerslexecomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" 59 appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives ", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions ". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non - equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above - market earnings on deferred compensation which is not tax - qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank Total Compensation (Highest to i Name for Most Recently Lowest) l (Last, First, MI) Title Completed Fiscal Year , 1 2 3 4 5 ) I I I THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 60 Attachment 1 Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 CFR Part 200. It is the responsibility of the sub - recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 61 Pt. 200, App. ti 2 CFR Ch, 11(1 -1 -17 Editton) seanc Federal awards may include. Pro- awarding agency should consider approaches aiding this Information Zeta a potential ap- sucb as giving: plIcant identify any rcgnittnnonls with 1. Points of contact wbn may be reached In which 11 •' u1d Late difficulty coma:ring' if nmltiple ways (n.g., by telephone, FAX- anti Its application fa .successful- In those caaea, or entail. as well as regular mall), earl] notification about the requiftema0te al- 11, A fax or email eddrems that nmltiple lewd the potential applicant to decide not to ptop1 aw r. no that someone will reepred apply or to take needed nations before ro- even if others are unexpectedly absent dur- celving ace Federal award. The announce lag critical periods. nvmt need not include all of the terms and Hi. Dlflc - rent contacra for dlattnct kinds of • conditions of the Federal awed. but may help (e,g., 001 tar (1uestloaa of progranirrntlo trier to a document (with information about content and a second for adn>tnietrativa how to obtain 1t.) or Internet site where a p• questions), plieants can .c,+., the total, and conditions, If 11. OT,i".R Iyi'ORytATlort ..p?Tlov tt, rhta 110 - 041 D-4Pportunity will lead to Federal awards with some special terms and condi- This section may Include any additional sion_ that differ from the Federal a,w.ud11 ; lafornu.t1On that will wallet a potential ap- acleney'a uetctl ( nretimee called "general ") 'Meant. Fur example. the section might: tern and condition. this section OLuuld t, Indicate whether this v a new program highlight those special terms and conditions, ur a cue -tine initiative. Doing so will alert, applieaats that lace re. li, M1eotiea related programs or other tap - teived Federal awards from the Federal coming or ongoing Paths-al awarding a unc s awarding agency pret1ettaly and might net funding opportnnitics for similar activltba. otherwise aspect different tarns; and condi- 110, Include currant. Internet addressee for along. For rho ammo reason. the announce. Federal awarding agency Web sites that may rllent should inform potential applicants be useful to an applicant in understanding about special rcquirnmcure that muld apply the proDam. to particular Federal awal'da after the review 1v. Alert a mih rp t•he head to identify of applications and other laformaGlon. based Proprietary inforrmattoa and inform them on 1Le partfcnl82 circumstances of the effort about the way the Federal awa rditg agency to be *imported (erg,. if 1 0003.0 subjects were will handle 10, eo ice. irvnl rod tar if some aitaations may jos. v. Include c■rt.ala routine n0tleea to apps• iffy special terms ca intellectual property. cants (e.g., that the Federal Government is data ?Luring cf eeaturlty requirements). not obligated to nuke any Federal award nu 3, Rep:ein,s— .Required. This section moat a result of the announcement or that only include general fnformitton about. rho typo :'rants officers 00111111310 01:e Federal Govern - Vet.. financial or 'wmfw•manoo), riennimey. nnnt to tlw etptmdituro al fund'''. and rnea0a of submission (paper or oleo. (TO FR VMS. Doe. 2$, 2013. as amended at 00 ironies of post - Federal award reporting re- FR 43310, July 22. 2015; qulrerr.rnte. Iiighlihht any special reporting tequtrenrat-0, for Peden.] awards under this APPENDIX II TO FART WO—CONTRACT fuadlas opisetunity that differ (r..v., by re PROVISIONS FOR NON - FEDERAL ENTI- p,rt trp+e, nequeuey, furmYornra.t, er cis- TY CONTRACTS I'NOER FEDK'R.% cumatance? G±r MO from what the Federal awarding agency's Federal awards 1teually AWARDS require. red8ral a :vardiag agonies must also In addition to other precieions required by describe in this neaten 0.11 relevant require- the Federal ageacv or non - Federal entity, all memos such as those at 2 CFR. ISO 3:10 and 2 contracts made by the non - Federal entity C411k0 -310, under the Fodetal award toast contain r cvi- If the Federal shine of any Federal award aloes covering she {clloudpg, aP applicable, ruts include noro than '1570.000 o'.er the Pe ties Cont - rots for more than the simplified ric3 of pertorl3unac, this »colon must in' acquisition thnahnld eturhntIy art. at Om) potential applicants about the Cyst 3150.000, whine Is the Inflation adjusted award ripi.1 tiny requheutents reflected to amoun d e t artr d ned by the civilian At'oucy Appendis X1.1—Award Tdrtu and Condition Acquisition Council and the Defense Acquisi- tor Recipient Iatet.•rity and Perfornrance Non Regulations Connell (Councils) as A11- biattera, Merited by 41 G.S.C. 1908, must addrosa ad• C1. PEI:TAAL AWARDING AGENCY CONTACT(:) atlnistaative. contractual, tar legal remedies RZOOPATD la instances whore contractora violate or broach contract term.. aid provide for such The Announcement must give potential ap- 'sanctions and penalties as appropri:fte. *Wants a peint(3) of contact for answering ft) 011 contracts. In excena of 310.000 must questions or helping with problem; while the adtboaa termination for cause and for con- forming opperwnity In *.awn. Tic intent. of vonic4ce by t2n noteredcral entity including this requirement is to be as helpful es pea the manber by which It will he effected and gado to potential applicants. so the Federal the basis (or eettlanvmr- 200 62 OMB Guidance Pt. 200, App. 11 (C) Equal Employment Opportunity. Ex- Part 5). Under 40 U.S.C. 3702 of the Act, each cept as otherwise provided under 41 CFR contractor must be required to compute the Port 60, all eonttnute that reset the definf- wages of every reeehanite and laborer 00 the time of "federally amsieted construction enn- basis of a standard work weak of 40 bourn. tract" lu 41 CFR Part 604.3 mu,t include the Work in excise of the standard work week le equal opportunity datum provided under 41 permissible provided that the worker is cove CPR 60- 1.4(b), in accordance with Executive pensated at a. rate or not leas than ono and a Order 11246. "Equal .Employment Oppor• half doles tho heat* rate of pay for all home tunity" (30 PR 12319. 12935. CFR Part, 1964- worked in excess of 40 hours in the work 5065 Comp., P. 330), as amended by Executive week. The requirements of 40 U.S.C. 3704 are Order 11315. "Amending Executive Order applicable to construction work and provide 11246 Relatln2 to Equal Employment Upper- that no laborer or mechanic must bo re- lonley." and implementing regulations at 41 (shred to work in surroundings or under CPR part 60, "Office of Federal Contract working conditions which are unsanitary, Oumpltauce Pregame, Equal Employment hcuardom or dongernas. These requirements Opportunity, Department of Labor." do not apply to the pttrohaeee of auppllee or (D) D•avle -1u'nn Act, as amended (40 U.S.C. materials or articles ordinarily available on 3141- 3148). When requiredby Federal program the open market, or coatr:.en( for transient. • legisletion, all prime construction contracts tatter( or transmission or intelligence. in excess of 32,600 awarded by non•Fodet-al (F) Rights to Inventions Made Under a entitles nuiot inclndo a provision for compli Contract or Agreement. If the Federal award ante with the Davis - Bacon ACC (40 U.S.C. meet* the definition of "Amdine aVreement" 3261 -9144, and 3116.3148) as eapplentented by tinder 37 CF11 §471.2 (al and the recipient or Department of Labor regulations (29 CFR subreclpient Melees to enter into a contract Part 6. " Labor Standards Provlslous Apple with a small bueloess firth or nonprofit orga- cable to Contracts Covering Federally 91 ideation regarding the substitution of par • nanoed and An.)2t.ed Construction "). in at- flee, asetgnment or perfurtrnnre of (relet'1- eordance with the eiatute, cunrractots meet meats, developmental. or research work be required to pay wages to laborers and me- under that 'landing agreement;' the ra*ipt- ebanica at a rote net lease than the prevailing ent or subteciplont must comply with the re- wages specified In a wave determination qutr0tm:nta 0037 CFR Part 401, "Rights to In. made by the Secretary of Labor. In addition. ventions Made by Nonprofit Oreanfrationa 1001120tora must he required to pay teag19 a1d Stroll 110310vsa Firma Hader Govern - not leas than once a week. The tom- Federal tent Grants,. Contracts and Cooperative evilly must place a (ropy of the current pre - A(;reourenle," and any implemontin;j 01501a- valiine Ovate determination l :sued by the De- 01011 ieeucd ley the award5u agency. partlttent of Labor In each solicitation. The (0) Clean Air Alt (42 U.S.C. 7401- 79,1q.) and decicdon to award a contrast or subcontract the Federal Water Pollution Control :let (33 1131st be Conditioned upon the acceptance of L' 3.0. 1251- 1587), as amended — Contracts and the wage determination. The nou-Federal an- sub.raute of 'amounts in excess of 3153,000 thy mast report. wll suspected or reported moat contain a prnviaiuu (.bat requites the violations to the Federal awarding agency. non-Federal award to agree to comply with The tnntrsrts mast olso include a prof all spplloable standards, orders or 051113- 0)5' compliance with the Copeland "Anti- tl0ild fretted raiment to the Clam Air Ant 1{lokbeok" Act (40 U.S.C. 3145). az supple- ;42 U.S.C. 7451 1671q) sad the Federal Water tented by Deportment ter Labor regidetione Pollution Control Act as t(tnended (33 Ii.3A. 0.9 CFR Part 3, "Contra *torn and Sub- 1251137)). Violations must be reported to the Contractors on Public Building or Public Federal awarding agency and the Regional Work Financed in Whole or to Part by Loans Ofrx* of the Environmental Protection or Grants irvtn the United States"), The act agency (EPA). Frevidee that e.,oh contractor or (tub- Ill) Debarment and 6uapvuelon (Executive recipient malt be prohibited from Induelnie. Orders 1254,4 and 12;389)-A contract award by any means, any person employed In the (tee 2 CFR 180.223) Moat not he made to par. construction, tumpletiou, or repair of public tics listed on the 5u.'ernnient exclusions week, to give up any 0000 of the cumpenter in the System for Award Maaayettteut lion to which ho or she Is otherwise entitled. ($961), In accordance with the 01412 guide- The non-Federal entity moat report all sus- lines et 2 CFR 180 that implement. Executive • p-'C.ted e,r reported violations t0 the Federal Ordure 12548 t3 CFP. part 1986 Comp., P. 189) awarding agency. and 12689 (3 0911 part 1989 Comp., p. 235), (16) Coutraot Work Hours and Safety " Debarment and Suspension." SAM Exalu Standards Act (40 11.5.C. 370187(16). Whore eione contains the names, of parties debarred, applicable. all contracts awarded by the non- suspended, or otherwise excluded by agen- redrral entity in exeete of 3100.090 that in- tics, ea well as parties declared ineligible valve the employment or tm' b nice or tabor- under ata1utorq or regulatory authority erp nest include a provision for compliance other than Executive Order 12549. with 45 U.S.C. 3702 and 3701, se supplemented (D Byrd Anti - Lobbying Amendment (31 by Department of Labor regulations (29 CFR U S+.C. 133„ - Contmctot :s that apply or bid 201 63 PI. 200, App. iii 2 CFR Ch. 11 (1 -1 -17 Edition) for an a,.ud exceeding $190.000 mist file the accounting treatment may include it In the required certification. Each tier certifies to instruction function. the tier above that it will not and has not (2) Depor6,ue.fal resemch deans resenrels, uaed Federal appropriated funds to pay any development and scholarly activities that• parson or organization for influencing or at. ate not or„'a.nized reelnrch and. Con - tempting to influence an officer or employee aequenlly. aro not separately buds. ted and of any agency. a member of Congress, offleer a00e00ted far. Departmental research. for or employee of Con irem. or an employee of a Ptrrnewee of tills document, is 1100 cOneidered member of Congnas In connection with ob. as a 000tar ,'unetioa, but on a taut of the to- raining any Federal contract, Brant or om' atrnctJon function of the lostitutlon. Other award covered by 31 U.S.C. 1352. Fetch (5) Only mandatory coat sharing or coat tier must also dueloao any lobbying with hhariu:, oo eiffeally committed 111 the Projeot aon-Fedorel funds that takes place 10 000. budget must to tncludod In the organized ra• Deafen with obtaining any Federal award. 0001011 base for compunnos the indirect (F &A) Such diaoIosures are forwarded from tier to cost rate or reflected in any allocation of (m- tier up to the non - Federal award. direct Ousts. Salary coato above statutory (J) tree 1200.322 I:raetnrement of re- overed Smite are not considered cost sharing. materials. h. (?rgcoe d rev :s:eh weans all research and development activities of an institution 028 FR 78609. Ike. 20. 2013. as =winded at 70 that aro separately budgeted and aoCodhted 712 75808. Dec.19. 2014! Par. '!.includes: (1) Spr,ascrod rese:o•.:A mcaut all resented APPONDIX III TO PART 2U0—IN- DIRECT and development act:v111es. that. are spon- (.FBtA) COOT. IDENTIFICATION ANU oared by Federal aui nos- Feder•l agencies ASSIONMFNT. AND IfNrt: Dhrrunt1IN A- and trgaafrattona. Tula fern: 1noAadce aotivi• TIC'S. FINSTITUTIONS OF HIGHER ties meotvinr the training of Individuals Sn EDUCATION FOP. I . (IHBe, orooarotr techniques (cNmnnely called re- scant training) where such activities utilize (hy1OIRAlr the come facilities as other research and de- vokipnamt a00(vitic+ and where eucb activJ This appendix provides criteria for !dent!- ties are not included in the Instruction func- lyfng and computing indirect (or indirect :ion. (FdtAJ) at IliEa (fuatltutlunsl. Indirect (2) Urnee aity sworit means all research (Fd1A) costa aro tboae that aro lneurrod far and development a:tivithe that are seise• common or Joint objectives and therefore ntely budgeted and accounted for by the in- cannot be identified readily and specifically 3titutlen tinder an internal application of In- with a particular enamored project. an in- stltntienal fuodi. Untserelty research. for scrootfono1 a1'e171WW. or any other inatitu. Pttrpoeeh of this &mordent, most be «.no tional activity. See subsection E1. r:eflnl. blend' with hpnm01001 ree:ear.ih under the tion of Facilities rind Administration. fora lune n120dresearh. dLcuneton 0f the xnrMnento of lndirecr. o. 05) sL ;i :st :ed act :iotir's mono oro•Iran* (F&rlr ergle.. sand proircrs financed by Federal and non.. Federal naoncfce and organiztions which its 1, Sider F:racV.AS ger. ltafitetiur solve the per:ornianre of work other than la- :.tructWa and cogaolzid research. Example* it_efer3 ro fastrtotlan, ur;anited research, of such ptegrslrr and projects are health Caller sports nsd aetioniea and ether inatjrn a•`rvieo rro1e to and irsrnmu,nlrc . l'V {ty 000 Ronal activities as defined in this section: clans.. however. when any 00 the aottvittee a. irirtrrclrrr. mean the teaabdng and ant undertaken by the institution without training activhica 0f an tnatltuttnn. Eteellt outride support. (boy may be classified ae to research traininz proe!iJed in eub• other )nctitutfonsl activities. soetionb, this tern Inejudoe all ',*0111115 and 0. allay (esfa: :trnci rsctieifsrs mina all se tralmnv activities, whether they are offered t0vitioa Of au iavJtutl eoewpt far imItrno- frr crcdita Wwvnl a. degree er CPI tlfi Vet ur 7140. de ;Ar•tmontal r orranfzed re On a 01111- credit Fuels. and whether they are search. and Other 0(00000ted 50ilvltiee, se 00- offorod through regular ac ide ie dnluut fined is this section: indirect (P &0) cost a0- manta or separate divisions. luck es a trim :1011(04 Identified in Chia Appendix yam- mer scho01 dielobm at an a ;tterrhlcn division, goaph P, 1dcntlfJcatlrn brie aeo1 nment of fa- Al20 Oonatdernd Part of thin ruttier function dhect iFOA) costa; and specialized services • err der&ttnen svesycb. and. whet sell icier described in (200.48 Speohall ^xi agreed to, university research. Servtce facilities of this Part. (1) 5p,ns, red 00131cfis0 and training Means Examples of other institutional activities epee' fie Instructional tit U. /1841r activity ea. include ope:ratioo of residence bulls. dinloC tubllshed by grant. contract, Or cooperative halls. hospitals and clinks. student unions. agreement. For puposea of the coat peln tnterceltirriate atbletta3, bookstores. faculty Cfples,' this activity may be considered a housing, student. a3a_•tmente. ;meat. hcowoh. Abjor f tnetion even though an In00itu chapels, rheas ens, public Indecu re, and other 202 64 Attachment J DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees /Recipients or Sub - Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women's owned firms were all given fair consideration. 4. Improper " cost - plus -a- percentage -of- cost" contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG -16 -109 -D dated July 1, 2016. The following may be reasons for the disallowance or total de- obligation of funding given under the FEMA /State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.) that can be readily retrieved. 65 a Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. o Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the "Scope of Work." I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues. Monroe County 03/05/2018 Sub - Recipient Agency Date Signature Tina Boan. Sr. Director Budget & Finance Printed Name & Title 66 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY /LINE ITEMS. 20 -20 Anticipated Expenditures for First Three Months (list applicable line items) of Agreement Example: PW#00001(0) Contract Work $1,500,000.00 (provide detailed justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance). 1) � � ��- DATE (MMIDO/YYYY) �'oe2t�► CERTIFICATE OF LIABILITY INSURANCE I : - - 02/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pelicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. ' I If SUBROGATION IS WAIVED,: subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the. certificate holder in lieu of suchendorsement(s): PRODUCER - - CONTACT - Collinsworth Ins & Risk Mgmt Services In NAME:: Erinn E Colliaswort$. _- P.O. Box 661628 (AI g , (786) 930 - 4795 TI 1 (AO,No) (786) 930 - 4794 . £ EMAIL: { Miami Springs FL 33266 ADDRESS:. erinnecoliinsworthinaurance.com INSURER(S) AFFORDING COVERAGE .NAIGI INSURER A: The Phoenix Insurance Company 25623 INSURED (305) 296 -1397 INSURER S : Travelers Ind Co of CT 25682 Bender & Associates Architects, P.A. _. .. _ .. ... _ . INSURER C: Travelers Cas & Surety Co 19038 410 Angela Street INSURER D:Travelers Ind. Co . 25658 Key West FL 33040 INSURER E: RLI Insurance Co. 13056 _ . .. _. .. INSURER F : COVERAGES CERTIFICATE. NUMBER: pert ID 2100 __. 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, MIS TYPE OF INSURANCE ADDL S - I `POLICYEFF' POL - - - - INSD VVVD - POLICY NUMBER - )MM /DD/TYYYI IMMIDDNYY LIMITS A x COMMERCIAL GENERAL LIABILITY FJVCH OCCURRENCE $ 1,000,000 CLAIMS -MADE I X OCCUR Y 660- 8 178X318 - 02/10/201802/10 /2019 PREMMES(Eaoxmthmx1 $ 3.00,000 APF 1/ R ISK NAGEMENT PERSONAL INJURY MEDEXP (Any one parsoti 5 5,000 $ : 1 ;.00 0, 000 BY y GEN'L AGGREGATE LIMIT APPLIES PER : - �- r, - , GENERALAGGREGATE S; 2,000,000 POLICY 4 X 1 - PE� 11 LOC DATE - ". .- (. .t PRODUCTS -._ .. .., `- COMPlOPAGG5- - 2,000,000 OTHER: WAIVER WA... Yg9 $ AUTOMOBILE LIABILITY - - . - COMBINED SINGLE LIMIT $ (E8 accident) 1 ,000,000 B ' x ANY AUTO Y BA - 8179X155 02/10/2018 02/10/2019 BODILY INJURY (Per person) 5 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S S t X HIRED NON -OWNED PROPERTY DAMAGE { - _ AUTOS ONLY AUTOS ONLY (Per - -accident) $ $ D X UMBRELLALIAB X, OCCUR CUP- 4E489840 02/10/2018 02/10/2019 EACHOCCURRENCE $ 2,000.,000 EXCESS CLAIMS-MADE - AGGREGATE $ 2,000,000 ,DEO 1 X,1 RETENtior4S: :50, 000 $ WORKERS COMPENSATION PER 1 C AND EMPLOYERS' LIABILITY Y/N UB- 0X19775 02/10/2018 02/10/2019 x: STATUTE :.) 1 ANYPROPRIETOR/PARTNER /EXECUTIVE E, L. EACH ACCIDENT . 5 500,.000 OFFICERAIEEIBEREXCEUDED? I N( N IA (Monclatonj In NH) EL.DIS EASE - EA EMPLOYEE � S _500,000 If yyes describe under ., DESCRIPTION OF OPERATIONS below - E,L.DISEASE - POLICY LIMIT $ 500,000 E Errors and Omissions RDP0027805 02/10/2018 02/10/2019 Each Occurrence $ 2,000,000 E Errors and Omissions RDP0027805 0 2/10 /20180 /10 /2019Aggregate. S 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS % VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) If required by written contract, Monroe County Board of County Commissioners is an additional insured, excluding professional services, on the General & Auto Liability. CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Project Manager 1100 Simonton St., AUTHORIZED REPRESENTATIVE Room 2216 Key West PL 33040 9� �I�n,. 0 °. 1 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2015/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 eqy • FIRST AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This First Amendment ( "Amendment ") made and entered into this 18 day of January 2017, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "County ", through the Monroe County Board of County Commissioners ("BOCC"), AND Bender & Associates Architects, P.A., whose address is 410 Angela Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ", WITNESSETH: WHEREAS, on the 21 day of January 2015, the parties entered into a Consultant Agreement for Professional Architectural and Engineering Services pursuant to Florida Statute Sec. 287.055 (2) (g) to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00); and WHEREAS, County desires to revise language in its contracts and /or agreements for Public Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to §119.0701 which became effective March 8, 2016, and any subsequent changes thereto; and WHEREAS, Consultant agrees and consents to such revisions in its Agreement dated January 21, 2015, to ensure Public Records compliance; and WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the revised language for Public Records compliance; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1) Article 9.22, PUBLIC ACCESS, of the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015, shall be revised as follows with the aforementioned Consultant referred to herein also as "Contractor" for this provision only: 1 Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) 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 2 provide the records to the County or allow the records to be inspected or copied within a reasonable time. f If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES. TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292 - 3470 BRADLEY - BRIAN @MONROECOUNTY - FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 2) All other terms and conditions of this Amendment shall remain in accordance with the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015. z + , ,REOF; each party has caused this Agreement to be executed by its duly r 3 ; $ i +} �. 'tive on the day and year first above written. 1, , ,, ; 4 4 BOARD OF COUNTY COMMISSIONERS A''tt& ° g; i ■ . r <:'' ADOK, Clerk OF MONROE COUNTY, FLORIDA . . By: \ \_ By: Deputy Clerk Mayor /Chairman Date: w"`` -7 1 , 1 t 7 Date: 1 g -L. o ( 7 MO ROE COUNTY ATTORNEY'S OFFICE / . APPROVED AS TO FORM )) PATRICIA EABLES ASSISTANT COUNTY A OF1NEY DATE: _ !Z .•- ( o (SEAL) CONSULTANT: Attest: BENDER & ASSOCIATES ARCHITECTS, P.A. Witn- -sto Consultant: „ i .;.cat • 1...A.,...„1 B y: o1ldJki', Print Name ` Date Print Name Date Title: 4; 1..,...: -; 40!/......... gym.” % 1.: - Title: F l D i — j �� fq/kii({ 41 e)e 42,./c9/ hie Print Name in Date iii Title: a&/4 i A4 - - 4 — R eooar J - 7.04.,: '19 Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida N �fi COV" DATE: May 11, 2018 TO: Ann Mytnik, Sr. Contracts Administrator Project Management Tammy Sweeting Executive Assistant FROM: Pamela G. Hancock, D.C.. SUBJECT: April 19 BOCC Meeting Attached is an electronic copy of the amendments listed below for your handling. C13 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bender & Associates Architects, P.A. C14 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Amec Foster Wheeler Environment & Infrastructure, Inc. C16 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Currie Sowards Aguila Architects, Inc. C15 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bermello, Ajamil & Partners, Inc. C17 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with William P. Horn, Architect, P.A C26 First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Perez Engineering and Development, Inc. C27 First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Thompson Youngross Engineering Consultants, LLC, Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070 305- 294 -4641 305- 289 -6027 305 -852 -7145 305 -852 -7145 SECOND AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This Second Amendment ( "Amendment ") made and entered into this 19 day of April 2018, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "County ", through the Monroe County Board of County Commissioners ("BOCC"), AND Bender & Associates Architects, P.A., whose address is 410 Angela Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ", WITNESSETH: WHEREAS, on the 21 day of January 2015, the parties entered into a Consultant Agreement for Professional Architectural and Engineering Services ( "Agreement "), pursuant to Florida Statute Sec. 287.055 (2) (g) to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00); and WHEREAS, on the 18 day of January 2017, the First Amendment to the Agreement was approved revising Public Records compliance language in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to § 119.0701, which became effective March 8, 2016, and any subsequent changes thereto; and WHEREAS, County desires to add required Federal Contract Provisions to its contracts and/or agreements; and WHEREAS, County desires to include an article in the Agreement establishing a timeline for performance and cost estimating requirements; and WHEREAS, Consultant agrees and consents to such revisions in its Agreement to ensure Federal Required Contract Provision requirements and a timeline for performance and cost estimating requirements; and 1 WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the Federal Required Contract Provisions and the timeline for performance and cost estimating requirements; and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Article IX, Paragraph 9.5 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to herein as "Contractor" for the Federal Required provisions: 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek' an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) 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 2 • to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2 -721 et al. of the Monroe County Code. 2. Article IX, Paragraph 9.18 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY A. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination of 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; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. 3 • Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: I) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation; gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 4 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3. Article IX, Paragraph 9.30 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts, including but not limited to 2 C.F.R. §200.321. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: 5 i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 4. The Agreement is hereby amended to include the following identified as Article IX, Paragraphs 9.31, 9.32, and 9.33, Federal Contract Requirements, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its sub - contractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 9.31.1 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). 9.31.2 Davis -Bacon Act, as amended (40 U.S.C. 3141- 3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must 6 be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. 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. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.31.3 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 7 requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. • 9.31.4 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. 9.31.5 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). 9.31.6 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. 9.31.7 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $ 100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 8 9.31.8 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 -cpg- program. 9.31.9 Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract 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 alI new employees hired by the subcontractor during the Contract term. 9.31.11 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 9.31.12 Access to Records. The following access to records requirements apply to this contract: • (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 9 (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. 9.31.13 Federal Government not a party to contract. CONTRACTOR acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.14 Department of Homeland Security (DHS) Seal, Logo, and Flags. The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. 9.31.15 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.32 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). 9.33 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. 5. The Agreement is hereby amended to include the following identified as Article IX, Paragraph 9.34, Time for Performance/Baseline Schedule /Cost Estimates: 9.34 TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 10 9.34.1 SCHEDULING REQUIREMENTS • 1. Baseline Schedule • 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. ' 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule • review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress 11 the project in accordance with the milestone dates established in the Baseline • Schedule. Such action on the part of the CONSULTANT shall be considered non- performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 3. Project Development Process 3.1 Preconstruction activities should at a minimum include the following elements as applicable. PROJECT DEVELOPMENT PROCESS Task Name Milestone Comments Date Contracting Phase Issue Notice to Proceed Programming and Design Phase Submit Final BOD and OPR BOCC Approval of Programming Document Conduct Site Plan Meeting Submit Site Plan for Approval Receive Site Plan Approval Approved Schematic Design Documents Approved Design Development Documents (30 %) Approved 60% Construction Documents Approved 90% Construction Documents Approved 100% Construction Documents Bid and Permit Phase Approved Building Permits Posting of Notice of Request for Competitive Solicitation Conduct Pre -Bid Meeting Bid Opening BOCC Approval of Construction Contract Issue Notice to Proceed to Construction Contractor Construction Phase Conduct Pre - Construction Meeting Obtain Substantial Completion Obtain Final Completion Process Final Closeout Documents 12 3.2 The duration of the Contract should extend through the issuance of a Notice to ' Proceed to the construction contractor as part of the normal project development , process. o - r. (.11-3 r. r 9.34.2 COST ESTIMATING REQUIREMENTS ter 20. C.) rn --< m _ - n 1.1 Baseline Cost Estimates c � = =ice a. rn 1.1.1 Following the Notice to Proceed for this Contract, the CONS PANTzvill o" review the existing project cost estimate for the project and sigiinit a when c •• confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate - recommendations and issue a final Baseline Cost Estimate. 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in • this Contract. 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 6. All other terms and conditions of the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015, and as amended on January 18, 2017, shall remain in full force and effect. ''' IN �WI SS WHEREOF, each party has caused this Amendment to be executed by its duly ;',': i. .:aiuth re r esentative on the day and year first above written. \"' (SEAL) " t BOARD OF COUNTY COMMISSIONERS • �'Aftesf: *EVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA . By: By: . Deputy Clerk Ma or /Chairman •y 13 MONROE COUNTY ATTORNEY'S t' OFFICE 4 O'A V 4 Q ?Mai) PATRICIA EABLES ASSISTANT COUNTY ATT NEY DATE: 4 -13"! K. Date: a . t g, 2v l Date: (SEAL) u CONSULTANT: Attest: BENDER & ASSOCIATES ARCHITECTS, P.A. . Witnesses to Consultant: , . By: S tr i. 17AVLD.J. SALA'f 1 1/5/1 1 Print Name ^ D ate Print Name Date Title: - 1 �1 n i s4C i4+ Title: ftwa fAL f V P Al6n L tocs NAff Print Name bate Title: 1:30 etp-er 14 • ACO ® CERTIFICATE OF LIABILITY INSURANCE DATE IMM10D1YYYY) ■••••"' 02/05/2018 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 pollcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. 1 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 CONTACT Collinsworth Ins & Risk Mgmt Services In NAME: Erinn E Collinsworth • P.O. Box 661628 HONE LO.EXtl; (786) 93D - 4795 1 I A A J O . N NO: (786) 930 -4794 Miami Springs FL 33266 ADDRESS: erinn ®collinaworthineurance.com INSURER(S) AFFORDING COVERAGE NAIL 8 INSURER A: The Phoenix Insurance Company 25623 INSURED (305) 296 -1347 INSURER B: Travelers Ind Co of CT 25682 Bender & Associates Architects, P.A. INSURERc :Travelers Cae & Surety Co 19038 410 Angela Street INSURER D: Travelers Ind. Co. 25658 Key West FL 33040 INSURER E : RLI Insurance Co. 13056 INSURER F : COVERAGES CERTIFICATE NUMBER: cart ID 2100 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. li LTR TYPE OF INSURANCE AODL V GB(i- POLICY EFF POLICY EXP INArLVND POLICY NUMBER pdM/00NYTY1 IMstroo YYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1 CLAIMS - MADE t .. l OCCUR Y 660 - 8178X318 02/10/2018 02/10/2019 pR 3A E oc core n) S 300,000 — • AI? I V .: 4 • RISK . NAGEMENT MED EXP (Any one parson) $ 5, 000 BY PERSONAL &ADV INJURY 5 1,000.000 GENL AGGREGATE LIMIT APPLIES PER: !� Kd } r � - GENERAL AGGREGATE 6 2.000,000 POUCY © JECT I f LOC DATE _ PRODUCTS - COMP /OP AGG 8 2,000,000 OTHER: WAIVFR ntr•0 s8 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT — Ennoldent $ 1,000,000 B X ANYAUTO Y 8A 8179X155 02/10/2018 02/10/2019 BODILY INJURY (Per person) 5 OWNED — SCHEDULED - AUTOS ONLY AUTOS BODILY INJURY (Per accident) 5 X HIRED X NON OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY _ (per acddcnl 5 ' S D X UMBRELLA X OCCUR CDP 4R489840 02/10/2018 02/10/2019 EACH OCCURRENCE $ 2,000,000 — EXCESS UAB CLAIMS -MADE AGGREGATE 5 2,000,000 080 I X RETENTION 10,000 S WORKERS COMPENSATION PER OTH- C AND EMPLOYERS'LIABIUTY YIN 1113 02/10/2018 02/10/2019 X I STATUTE I I ER ANYPROPRIETOR/PARTNERrOXECUTIVE E.L. EACH ACCIDENT S 500,000 ' OFFICERMEMBER © N!A (Mandatory In NH) Byes. demise under E.L. DISEASE - EA EMPLOYEES 500,000 DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY UMIT $ 500,000 5 Errors and Omissions RDP0027805 02/10/2016 02/10/2019Each occurrence g 2,000,000 5 Errors and Omissions RDP0027805 02/10/2018 02/10/2019 Aggregate S 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES IACORD 101, AddlUonel Remarks Schedule, may he attached If more apace Is required) If required by written contract, Monroe County Board of County Commissioners is an additional insured, excluding professional services, on the General & Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Hoard of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Project Manager 1100 Simonton St., AUTHORIZEDREPRESENTATIVE Room 2216 L9L 41.A4 Key West FL 33040 ©1966 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 P 7 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This Agreement ("Agreement ") made and entered into this 21 day of January 2015, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), AND Bender Associates Architects; RA. whose address is 410 Angela? Street, .Key `Wes t,- FL 33040 its successors and assigns, hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional architectural and engineering services of CONSULTANT pursuant to Florida Statute 287.055(2) (g) for various County Projects located in Monroe County, Florida; and WHEREAS, the employment of the professional architect serves the appropriate public purpose of providing professional architectural services to Monroe County; and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period; and WHEREAS, Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders; and WHEREAS, Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order; and WHEREAS, The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described, r PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 1.1.8 In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the CONSULTANT. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in this Agreement and the specific Task Order. Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and on site inspections during construction, process shop drawings, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentations to the County Commission. All projects shall have construction costs, which do not exceed Two Million Dollars($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars($200,000.00). 2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The CONSULTANT shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The CONSULTANT shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 3 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25 %, 50% and 75% of the Schematic Design Phase, the CONSULTANT shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department 's information. 2.2.6 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County's Project Management Department's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to CONSULTANT continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service after the Owner's written approval. The CONSULTANT shall perform the following design phase tasks: a. Structural Design /Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. c. Electrical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of 4 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on -site utility systems, off -site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 2.4 DESIGN DEVELOPMENT /DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the CONSULTANT shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural /engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and CONSULTANT, the CONSULTANT shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to CONSULTANT continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the CONSULTANT must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed b. Structural grid or system c. Major mechanical /electrical systems determined and their requirements reflected and indicated on plans d.. Indicate buildings core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated f. Floor, slab, and level elevations 5 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT g. Typical door types h. Typical partition types Built -in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner ") j. Larger scale (e.g., %4'). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a, Total full- height facades including roof structures b. All fenestration c. Overall vertical building and floor heights d. Indicate cross - reference points with sections e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment g. System impact (precast concrete, stone, panel systems, metal /glass curtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., Y. "). Dominate full- height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment b. Typical wall construction c. Back -up structure, abutting floor systems d. Window location and insulation methods e. Flashing, masonry coursings f. Mechanical penetrations impact (furring, etc.) g. Parapet design 2.5.4 Details - Large scale (1 -1/2 ", 3 ") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb /head, plan section b. Hollow metal (typical only; keyed to plans and schedules) c. Frame types (typical only; for compatibility and profile) d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Built -in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross - referenced to, floor and reflected ceiling plans. Indicate: a. Breaks 6 1 . PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT b. Level changes c. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts b. Soffits, coves, furrings c. Skylight locations d. Ceiling materials e. Acoustic treatments f. Heating and ventilating register, diffuser locations g. Sprinklers h. Access panels 2.5.7 Schedules - Schedules to be non - repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes b. Doors and frames c. Preliminary hardware d. Windows /glazing 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural /engineering drawings b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions c. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other d. Non - typical framing scheme where required: lobby, floors at grade, and other e. All column points established f. Final column schedule g. Preliminary details and sections to adequately indicate structural system h. Preliminary details of major unique conditions that impact on scheme (as determined by the CONSULTANT) is Details indicating accommodation with mechanical /electrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 MechanicallElectrical Design Development Set 7 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT a, Typical floor plans. Systems representation in diagrammatic (non - detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector /fan coil locations, etc. b. Required punctures: wall, slab, and beam c. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler /heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air- conditioning and air- handling equipment, packaged units, etc. d. , Locations of major roof -air handling equipment: cooling towers, exhaust fans, etc. e, Preliminary details of major and unique conditions that impact on scheme (as determined by the CONSULTANT) f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating /cooling units, and cabinets. 3.. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan -- building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. c. Site development grading and landscaping plans d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical /electrical for utility entry points e. Indicate areaways, vaults, access to sub -grade spaces f. Preliminary site and exterior building lighting scheme with identification of fixture types g. Parking area defined with preliminary plotting h. Indication of paths, stairs, ramps, berms, terraces, etc. Plant materials (indication and preliminary schedule) j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others k. Design development specifications Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. 8 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe County's Project Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and the Monroe County's Project Management Department's review. 2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall provide Construction Documents for the Owner's and Monroe County's Project Management Department's approval. Once approved the CONSULTANT shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format delivered on a downloadable CD /DVD. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The CONSULTANT shall assist the Owner and Monroe County's Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for If permits are denied, then the CONSULTANT will conform the construction documents in such manner to receive permits upon such plans. Work required from the CONSULTANT to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The CONSULTANT, following the Owner's approval of the Construction Documents and the CONSULTANT's latest estimate of Construction Cost, shall assist the Monroe County's Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The CONSULTANT shall assist the Monroe County's Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The CONSULTANT shall assist Monroe County's Project 9 • PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT Management Department with any specific questions from bidders by responding directly to Project Management on questions. CONSULTANT shall not respond directly to bidders. The County is responsible for issuing all addenda. 2.7.3 The CONSULTANT shall, on behalf of the Owner, file all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The CONSULTANT's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close -out documents by the CONSULTANT and Contractor. The CONSULTANT will administer the Owner /Contractor contract as provided for in that document. The CONSULTANT agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The CONSULTANT shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The CONSULTANT shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the CONSULTANT or Monroe County's Project Management Department. 2.8.4 Upon receipt, the CONSULTANT shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the CONSULTANT may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the CONSULTANT to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the CONSULTANT shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The CONSULTANT shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 2.8.5 The CONSULTANT shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the CONSULTANT shall protect the Owner from continuing deficient or defective work, from 10 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the CONSULTANT shall submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. 2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in Tight of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the CONSULTANT reliably informs the Owner that the CONSULTANT has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The CONSULTANT shall have authority, after notification to the Monroe County's Project Management Department to reject Work, which does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable for implementation of the intent of the Contract Documents the CONSULTANT will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The CONSULTANT shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while allowing sufficient time in the CONSULTANT's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The CONSULTANT's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences, or procedures. The CONSULTANT's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the CONSULTANT shall be entitled to rely upon such certification 11 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. CONSULTANT shall take appropriate action on submittals within 14 calendar days. The CONSULTANT shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. 2.8.10 The CONSULTANT shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County's Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. CONSULTANT to take appropriate action within 7 calendar days. 2.8.11 The CONSULTANT shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.12 The CONSULTANT shall require inspection or re- inspection and testing or retesting of the work, to include architectural /engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The CONSULTANT, assisted by the Monroe County's Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The CONSULTANT shall submit to the Owner a list comprised of incomplete and /or unacceptable items required by the Contract Documents to include architectural /engineering, structural, mechanical, and electrical engineering portions of the work. The CONSULTANT shall forward to the Monroe County's Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The CONSULTANT shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The CONSULTANT shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Do cuments upon written request. The CONSULTANT's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the CONSULTANTs shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The CONSULTANT shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not be restricted, modified or extended without written agreement of the Owner and CONSULTANT. 2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period 12 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.20 The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The CONSULTANT shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The CONSULTANT shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The CONSULTANT shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the CONSULTANT shall make available to the Owner any personnel or consultants employed or retained by the CONSULTANT for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the CONSULTANT, unless otherwise prevented by counsel of the CONSULTANT and which time it would be subject to subpoena. For other claims against the Owner, the CONSULTANT will do this under an expert witness with compensation. 2.8.22 The CONSULTANT shall review any as -built drawings furnished by the Contractor and shall certify to the. Owner that same are adequate and complete. 2.8.23 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its consultants, or both. 2.8.24 The CONSULTANT must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the CONSULTANT, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 13 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 3.3 The following services are considered Additional Services and not included in Basic Services: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the COUNTY. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work, so long as the requested documents are in the possession of the County. 4.7 Information requested by the CONSULTANT that may be of assistance to the CONSULTANT and that the COUNTY has immediate access to will be provided as requested. 14 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT ARTICLE V. INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANTS failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At . the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Bert Bender_ ... - Fr - pjeet Manager" F _ David Salav :projPrt.Architact 15 • PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT Haven .Burkee Project .Architect Daina:Katub _ _ Administrative SuPport So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII; COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANTS performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A, or as an agreed upon lump sum fee, which will be defined in each specific Task Order. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which . payment is sought and the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses are not allowed as part of this contract. 7.4 ADDITIONAL SERVICES 7.4.1 Any Additional Services shall be negotiated and agreed to with each individual Task Order. 16 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 7.5.1 BUDGET 7,5,1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.5.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.5.3 If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Agreement or in the separate Task Orders for individual projects, the Agreement may be terminated immediately at the option of the COUNTY by written notice of termination delivered to the CONSULTANT. The COUNTY shall not be obligated to pay for any services provided by the CONSULTANT after the CONSULTANT has received written notice of termination, unless otherwise required by law. 7.5.4 The COUNTY does not guarantee CONSULTANT any specific amount of work or Task Orders under this Agreement. The parties shall enter into a separate Task Order for each project awarded to the CONSULTANT by the COUNTY. The specific services to be performed under these separate Task Orders will be determined by the COUNTY and agreed to by the CONSULTANT. Each Task Order will contain specific scope of work, time schedule, charges, payment conditions, and additional terms and conditions applicable to that specific Task Order. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) calendar days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. 17 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for . injuries to members of the public or damage to property of others arising out of any covered actor omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,00 per Person, $500,000 per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Architects Errors and Omissions insurance of $500,000 per occurrence and $1,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS 18 1 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The Drawings, Specifications and other documents prepared by the CONSULTANT are instruments of the CONSULTANT'S service for use solely with respect to each individual Task Order and the CONSULTANT shall be deemed the author of documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the CONSULTANTS Drawings, Specifications, and other documents shall not be used by the COUNTY or others on other projects except by agreement in writing and with appropriate compensation to the CONSULTANT. The COUNTY may utilize the construction documents, As -Built documents, etc., as required for reference on any necessary future work on the site, and for constructing, using and maintaining the project. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the Agreement through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the COUNTY and subject to audit for the purpose of verification. 19 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 9.6 CONTRACT DOCUMENTS This contract consists of any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments, if any, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT 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. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant 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 CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS • CONSULTANT 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 years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies 20 • PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 PUBLIC RECORDS "Pursuant to F.S. 119.0701, Contractor and . its subcontractors shall comply with all public records Taws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 9.10 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, COUNTY and CONSULTANT agree that venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.11 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 CONSULTANT 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. 9.12 ATTORNEY'S FEES AND COSTS 21 • PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT The COUNTY and CONSULTANT 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, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.14 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. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT 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. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT 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 no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. 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 provision does not negate or waive the provisions of paragraph 9.5 concerning termination or. cancellation. 9.17 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 CONSULTANT 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 CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. { 9.18 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent 22 El • PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY 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. 9.20 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. 9.21 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY 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 CONSULTANT agrees that the COUNTY 23 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 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. 9.22 PUBLIC ACCESS: The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.23 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT 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. 9.24 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. 9.25 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. 9.26 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 24 s I PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY 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. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 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. 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.30 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 CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT 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. 25 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL), BOARD OF COUNTY COMMISSIONERS Attest; =;AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA t i4 jj , j jfi; _ : a 'e4 B i 44. By . ' Deputy Clerk/ Mayor /Chairman Date: 07 /:.X5 (Seal) CONSULTANT Attest: BENDER & ASSOCIATES ARCHITECTS, PA. BY ::.�:.< By: r . Title: . ; .id '7..J Title; President END OF AGREEMENT MONROE COUNTY ATTORNEY PPROVED AS TaE' M: S NA4T IL:EENP W L AS SISTANT COUNTY ATTORNEY datav 26 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT ATTACHMENT "A" HOURLY RATES Principal @ $180 /hour Project Architect @ $140 /hour Intern @ $100 /hour Administrative Support @ $80 /hour 27 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE I, Bender -& Associates Architects, P.A. - " (Company) It warrants that he /it has not employed, retained or otherwise, had act on hislits behalf any former County officer or employee in violation of :Section 2 of Ordinance No 010 -1990 or any County officer or employee in violation of-Section 3 of Ordinance No 010L-1990, For breach or violation of this provision the County may in its, discretion, terminate this Agreement without liability and may also,, in its discretion, ; deduct from the Agreement or purchase price, or otherwise recover, the full amount of any 'fee, commission, . percentage; gift, or : consideration paid to the former 'County officer or:emplo ee '. , -1 — 1,i1 10 ' (Sig' tur !� Date: �:/ bS 6. a C !4' STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on / 1 U .+ r t (date) by . P r r! .- -r . • (name of affiant). Helfzkeds personally known to me as { i ;tittfjo ►K(type of identification) NOTARY PUBLIC My commission expires: 14 ra+tifnISsiCn ; s g Expires Febrtnry 5. 2018 ' Page at of 45 PROFESSIONAL ENGINEERING AND ARCHITECTURAL, SERVICES NON- COLLUSION AFFIDAVIT I, lied Bender of the city of Key West .P1nritia according to law on my oath, and under penalty of perjury, depose and say that: 1. I am " ..= President of the firm of Rergie..r' As noiites Arch�Lect , P.A. - - - the bidder making the Proposal for the project described in the Request for Qualifications for: PrnFrd "cinnat Pne+ n[.c4ing n i'ArrtiHPrhirat Cnntinwn Se�ivr�s f nntrnrt and that I executed the: said proposal w ith full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monro:.County relies upon the truth of the statements contained in this affidavit award' t •. ;on r- for said: ± •' a 94*is ¢ / Si natu " ° • es o dent Date) STATE OF: Florida COU NTY OF: : Monroe - PERSONALLY APPEARED BEFORE ME, the undersigned authority, Bert Bender who, after first being sworn by m (name of individual signing) affixed his /her signature in the space provided above on this clay" of 4r 20 /* NOTARY PUBLIC DMA D. KA� -: My Commission Ex ires; a m" F.1 . y p - 2 ngs - fa a 4a s u Page 42 of 45 e b . PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Bender & Associates 'Architects _ P.A. - . (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against em ployees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation . occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. • Respo` ° s Si 're i 1 /4 Da NOTARY PUBLIC My Commission Expires: Imp must i Commission 1 FF 086691 Exptrna R..,,r ;linI • Ftaksysmgcarruti2 Page 43of45 re 0 0 . i.7ME.i41 . I t L4'S A C 0 LC RED 8 "..arGAAC • VII C. RO PilrWn'AIG - .•4•■ El.' t RK.. r A T EM ED PA PE R jAC#708931 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL' REGULATION I . BOARD OF ARCHITECTURE & INTERIOR' DESIGN r.,,..... acto* L121219007].7 1 to.A 18A CP ' LICENSE NER,, • 4.-t..,E ..--:_--;-;,.... .. 12 19 2012 1128165374 . AR0011082.1 rir - • — =',, ,, k • The ARCHITECT ..,z.,,,,,-,;,•_ *(j. , . ,2 - $44 .. .. -5 ttg i aeo.., Named below IS LICENSED g-_,--,. 4 .- -5, Th - , t - ,:••. , ,, Under the provisions of Chapter Expiration date : FEB 28, 2015 ' I '-..,-- ,„„ . ,'-', .„•,,...1,!.. ••••,,, ;• 1; -- ; . 7: ,. , ' -1,•,,,r'..., • , .....v..‘trAt :.-..., .- - ■ ^ BENDER, BERT LESLIE 410 ANGELA ST --• ..., n.:„,„. ,-:,,,, ,- KEY WEST FL 33040•,, 1 RICK SCOTT KEN LAWSON GOVERNOR SECRETA DISPLAY AS REQUIRED BY UkW 1 tlIS 'a oqtrVi■tr 13i, s A COLOF*0 S. CI 3 0(40 e NICA.4.0Prii4 I;.3 • Lolev, A.ps‹..:-. OW 1 eD P APE R i AC# 709009 STATE OF FLORIDA i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION I BOARD OF , ARCHITECTURE & INTERIOR DESIGN , i ...... oEtar L12121900795 1 , A L ICENSE 1 GI 'r BAllat otmseR Li J..‘.....zur4o.c. 12/19/2012 128165375 2.AC002022/4 .7 .1 ,-..,,,,.-.. The ARCHITEC7 CORPORATION ,...1- -,--<-:,--- . ...;:.:.A , Named below IS CERTIFIED 11 Under the provisions of ChaptSFIrgo Expiration date: FEB 28, 2015%,, 1 ; 1 .. ,A 41 ,4 16 ... ,'--.' , ..*,, ".,.; .', ,:..T"'" ,.4" , .:7",/• , ..; 1 BENDER & ASSOCIATES ARCHITACTri,C,. )47 , ''•ft°,,..Av , , t. I 410 ANGELA ST ' .47.--•'••'-,--"'"0.,v.„,,,,,i/,, ...-' 1 KEY WEST FL 330 zia, e ' ''''ti" Ir'...4 or ' .4.• CP ; 1 1 1 RICK :SCOTT KEN LAWSON I 1 GOVERNOR SECRETARY 1 DISPLAY AS REQUIRED BY LAW t ! .- -,,-.. . . . , , ____ , , . ._ _ . . , r CITYI F K --. Y WEST , FL-ORID Business Tax Receipt . This Document is a busin®ds tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 (305) 809 -3955 Business Name BENDER & ASSOCIATES ARCHITECTS Ct1Nbr :0001702 Location Addr 410 ANGELA ST Lic NBR /Class 15- 00009562 SERVICE - PROFESSIONAL ' Issue Date: September 03, 2014 Expiration Date:September 30, 2015 ' License Fee $309.75 Add. Charges $0.00 Penalty $0.00 Total $309.75 Upe YEY4iYL[ type: Ue: lirawa•r; i Date: 9/03/14 54 Kereipt 'uo; 39n8 Comments : ARCHITECT E015 9562 f kW eA'. °? -, 1 �T1 is document must 'be prominentlytrai' splayed. �nb t BENDER, ph 1 1 .'' l a b3, Y 5;„ 6'f. , . BENDER & ASSOCIATES ARCHITECTS Trans date: 9/03/14 Time: i2:38 :0/ 410 ANGELA ST • KEY WEST FL 33040 2014 / 2015 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2015 RECEIPT# 46110 -63601 Business Name: BENDER & ASSOCIATES ARCHITECTS PA Owner Name: BERT BENDER Business Location: 410 ANGELA ST Mailing Address: KEY WEST, FL 33040 410 ANGELA ST Business Phone: 305 -296 -1347 KEY WEST, FL 33040 Business Type: PROFESSIONAL (ARCHITECT ) STATE LICENSE: AR0011082 . _ r Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 30.00 0.00 30.00 0.00' 0.00 0.00 30.00 . Paid 115-13- 00005426 08/29/2014 30.00 THIS BECOMES A TAX RECEIPT Denise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. ®ENDetAa . ZGONZALEZ nom CERTIFICATE :OF LIABILITY INSURANCE Tail ""°"""", THIS CERTIFICATE' 13 mum AS A MATTER; OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER..THIB 'CERTIFICATE DOES NOT AFF1RMAT1VELY OR NEGATNRLY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED I3Y•THE iPOLICIES BELOW. THIS CERTIFICATE Or ,INSURANCE DOES NOT CONSTITUTE A CONTACT BETWEEN THE ISSUING FHaURER(S), AUTHORIZED REPRESENTATiVE,OR PRODUCER, AND THE CERTIFICATE HOLDER. IFAPORTANT: if the patin tir holdgr is an ADD ITI0NALIMsURE0, thripollcy(lua),Misstha Ondoisad. tf SUEIROC1ATION IS.WAIVBD, subpart to ,, Om • terms and =aloes of the pollay, eattatn pollcfea my equlte en sndoniament. A statement on this catttl)aate dasio not cantor rights tithe .certtfieata beider in flu of toilet endo'rtuanie rl(t). caaaucent • ,1,, Zaraldi3'Qon20102 . Collins4YOrth, Altar, Isa4v',ar, & French, L LC - 8a00 Gayernom Square Blvd ' NI, . , :lt30�: Q2z -ytiQ� i A 'riot+.(306) 3�&?A43 • Raw Lam FL 33018 n ri @�ZgotlZDlIsE C Suite 301 iffitC.00Rt . .. . IliatKETIM ArronDUtd00Yk'riAO6 . Email 111 - runt l A s PhOonbi insiunance C o... 26523 INSURED ' - uieuncasiTrwv+ellira Indsmntty.Comp fly:_ . . 25Be • Bandar AAs oalatesArch)tpote,P.A. WOMEN c ally .andSurity'Company'atAmerico 410 Ane, Astreet ,INeuaEna:RLt tnaur�nca Ccmpsity .. .: Key Weal, PL 33040 U ei. ` ... .. . . _ yIBUAnIPI . _ . • COVERAGES :. .. - CERTIFICATE NUMBER: REVISION NL'aHERi - . MIS IS TO CERTIFY THAT THE POLiCIES..OF.INSURANCE LISTED. 9 EL0WHAVEBEENISSUEDTOTHEINSUREDNA MBDASOVEFORTHEPOL(CYPEfliOD :INDICATED. NOTWITHSTANDING ANY REQUIREMENT.' TERM OR. CONOmON OF ANY CONTRACT OR OTHER OOCUMENTWiTH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR, MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES :DESCRIBED HEREIN 15 8U8JECTTOJJ.THETERMS EXCLU6LONE.AND CONDMONS ORSUCH POLICIES. LIMITS SHOW 1,..m y HAVE SEEN REDUCED BY PAID CLANKS. unal Vrii maa *Itizaiuilice .1 r,r t �I i . /7 ..-4344,0 .;. tt�4r ( • l,AA! LttJiTt! aeit®1At IJMSYJTY f?ACNI7CCUtIR3PE s 1,000,00+ A X• cotua0itl:ui.apiEttJiLivalur X { 085 ®171I1t310 2/(0/!314 2110/2018 ^„ `u aHhrllral, ; cows +woe , accuR : • e 300,00 I dte S t (Ait ode pertai� 3 0,00 i . P risONALRADV1111uer i. 9,000,001 i ' GLNI7tA1.A0Qae0ATH 5 2,000,000 IENL AG0 RE QATSUA1iTA P PLi08 P3 ItNooucTB- COUPJOPAaG s 2,000,001 I 7 1PaucY l x i. -. i IOC i • { $ . . 4 AU101 Wet11lJAD� nY l f � �p 5th GL UM(T i s : 1,000,000 A X ANY AUTO i X 8A0179X185 211012014 i 211012015 f, BODILY INJURY 'Ay aai) AL s ALL OWNED SCNED � UL � E � o AUTOS p iis }} ll) � S . X HARMSAUTOS :X. A A A . E° r Ei.a'"'. E ' .-_41!:---- - x .Winaauewlo X OCCUR E ,_ cceaa - _ cumin-ma CuP0703TI76 211012014 2110/2015 AGG ccuaREHCS s 2,000,000 r AGG ' 030 X • , Ri,a 'ONE 10 000 fl I atta. s 2 000,000 WQNSvana COMPEI3ATICW - - I X , ANDELIP.LDYE Y LtArissry 1 I ftAl .,.M Y. fN 1' O LI C ANY PaoPnisfosmARtssissateculiv8 UE33704Tgflil 2/ 211012015 gj, OACHRCCIOENT a .. 800,00' i FFICF.RrldERt �t.>GCltRlBO? _ � . ul yrnf1111 e t : - EA atir,t. 1y s _. 800,001 ',II! i6esenba under aged:um:or, . 6 .LC N Ep. A s s .FiOUCVUMIT s 800,000 D I Praf0aD1Gno1 Llab I i1Dp0013001 ! 211 2/1012015 Each Claim 2,000,0(10 0 I Clolme -Matta Basta ROP003000 ' 2/10/2014 i 2/10/2016 Annual Aggrepata 2,000,00 1 CITscs PITON 0P0FERAt1Q :181LCCATi0NS1Y€IIICU1B (much SCOW' Not, /ldeltlawlittg4IAadatieuw,IImeta eg 'Olgquirad) Profolintonat Liability: Rotroacttvo OW 0110311003s Profesafanal Liability DEductIblo 810,000 Each Malin Mantao County !Ward of County Cammiselonors is an additional Insured on the General & Auto Liability oxcluding rofw4onat services. rV • DA - WAiV CERTIFICATE HOLDER' - CANCELLATION - sllouLO ANY OP Ti G *BOW oeecEIBED POUCite Re CANCELLED BEFORE TIM EXPIRATION DATE THEREOF, NOTICE WILL BE DELWEISED IN Monroe Caulriy Board of County Commissioners Attu; Project Manager ACCORDANCE IARTN THH POLICY PROVISIONS, 1100 Simonton 5t, Room 2211 Key West, FL'33040 AUTHa t s¢pitESarA TiYQ i 114r . . . • m 1958 -2010 ACORD CORPORATION. All rights mooned: ACORD 26 (2010/05) Tho ACORD name and Togo are registered marks of ACORD C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m �� 1 Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting September 19, 2018 Agenda Item Number: D.9 Agenda Item Summary #4710 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338 N/A AGENDA ITEM WORDING: Approval to authorize the Mayor to execute a contract with Bender & Associates Architects, P.A. in the amount of $63,400.00 for Professional Architectural and Engineering Services for the repair of the West Martello Ammunition Bunker, following the damage caused by Hurricane Irma. ITEM BACKGROUND: On September 10, 2017, Hurricane Irma caused significant damage to the West Martello Ammunition Bunker including failure of large sections of the concrete ceiling. This Task Order is for those repairs pursuant to Bender's Continuing Contract dated January 21, 2015, and as amended. PREVIOUS RELEVANT BOCC ACTION: On January 21, 2015, the BOCC approved the Professional Architectural and Engineering Services Contract with Bender & Associates Architects, P.A. to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00). On January 18, 2017, the BOCC approved the first amendment to this contract to revise the Public Records Compliance contract language. On April 19, 2018, the BOCC approved the second amendment to this contract to add Federal Contract Provisions. CONTRACT /AGREEMENT CHANGES: New Task Order for Professional Architectural Services STAFF RECOMMENDATION: Approval as outlined above DOCUMENTATION: West Martello Ammo Bunker - Task Order Bender Insurance Bender 1st Amendment Bender 2nd Amendment Bender & Associates Agreement FINANCIAL IMPACT: Yes 09/19/18 125 - 0459110 -HURRICANE IRMA $63,400.00 530340 REVIEWED BY: Cary Knight Completed 09/04/2018 4:43 PM Patricia Eables Completed 09/04/2018 4:52 PM Budget and Finance Completed 09/04/2018 4:55 PM Maria Slavik Completed 09/04/2018 6:10 PM Kathy Peters Completed 09/04/2018 7:02 PM Board of County Commissioners Pending 09/19/2018 9:00 AM TASK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND BENDER & ASSOCIATES ARCHITECTS, P.A. FOR WEST MARTELLO AMMUNITION BUNKER HURRICANE DAMAGE REPAIR In accordance with the Consultant Agreement for Professional Architectural and Engineering Services, made and entered into on the 21 day of January, 2015, and as amended first on the 18` day of January, 2017, and as amended second on the 19` day of April, 2018, between MONROE COUNTY, hereinafter referred to as the "County," and BENDER & ASSOCIATES ARCHITECTS, P.A., hereinafter referred to as "Consultant," where professional services are allowed if construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00), hereinafter referred to as the "Agreement ". All terms and conditions of the referenced Agreement apply to this Task Order, unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task Order and the amendment, addition, or modification shall be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the 2018. 1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Professional Architectural and Engineering Services Agreement, the Consultant will perform services as described below: a. Consultant shall conduct an on -site evaluation and assessment of the ammunition bunker including a structural analysis and utilize these findings as the basis of design for repair of the damaged ceiling that resulted from Hurricane Irma. b. Consultant shall detail the structural repairs on the construction documents. The Consultant shall prepare drawings and specifications that comply with the Secretary of the Interior's Standards for Rehabilitation and coordinate with and obtain approvals from the County, State Division of Historical Resources, and the Key West Historic Architectural Review Commission (HARC). c. Consultant shall provide construction bidding services to include providing a list of contractor qualification requirements. Evaluate qualification submittals, attend the pre -bid conference and respond to bidder questions by addenda and make a recommendation for an award. d. Consultant shall provide construction administration services including: conduct on- site visits and attend progress meetings to confirm compliance with the contract documents and the Secretary of the Interior's Standards; file field reports; approve contractor's submittals, provide RFI responses, issue Information Bulletins as 1 documents and the Secretary of the Interior's Standards; file field reports; approve contractor's submittals, provide RFI responses, issue Information Bulletins as required, review and recommend approval of contractor invoices, and final punch list /acceptance. 2. In accordance with Article VII, paragraph 7.1.1, the County shall pay the Consultant a lump sum fee of Sixty -Three Thousand Four Hundred and 00 /100 Dollars ($63,400.00) paid on a percent complete basis for the following phases: a. On -Site Evaluation and Design Development — consisting of a structural analysis report — $25,360.00 upon document review and approval by the Director of Project Management. b. Construction Documents — consisting of drawings and specifications setting forth in detail the requirement for the construction of the project — $22,190.00 upon document review and approval by the Director of Project Management and also be reimbursed for fees paid for securing approval of authorities having jurisdiction over the project. c. Bidding Phase — $3,170.00 upon completion. d. Construction Administration — $12,680.00 upon final acceptance. 3. In accordance with Article IX, Paragraph 9.32, of the Second Amendment, which was dated April 19, 2018, to the Consultant Agreement for Professional Architectural and Engineering Services, the Consultant is bound by the terms and conditions of the Federally - Funded Subaward and Grant Agreement, Contract No. Z0002, between Monroe County and the Florida Division of Emergency Management (Division), a copy of which is attached hereto as Exhibit "A" and made a part hereof. All other Terms and Conditions of the Task Order shall remain in accordance with the Agreement dated January 21, 2015, and as amended on January 18, 2017, and on April 19, 2018. IN WITNESS WHEREOF, each party caused this Task Order to be executed by its duly authorized representative. (SEAL) Attest: KEVIN MADOK, Clerk Lo Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA : Mayor /Chairman 2 MONROE COUNTY ATTORNEY'S OFFICE PPROVED AS TO f0 M PATRICIA EASLES ASSISTANT COUNTY A RNEY DATE: _ °� Packet Pg. 1420 (SEAL) . I, ---- CONSULTANT: Attest: AYN BENDER & ASSOCIATES ARCHITECTS, P.A. C C AYN LEWIS L1 om i m Ex pires ommiselon # GG :1000 77D A 0 6i Expires May 2„ 2021 ev mdod Th" NY Folp htjuron W,3W By:_ck"aA� By: 12AVII) 5;A *co IT iu mEk. 4A Print Name Title Print Name Title Date: Date: 14 SEPT 2011'- d a ni ~ a V y APPENDIX C -1 - Grants /Subgrants DIVISION OF EMERGENCY MANAGEMENT Grant /Grant and Aid Subgrant Routing Sheet DEM Contract /Grant Number: Z0002 Mod #: Da to ti Project Manager /Cont t rson: Lili FOrbe Phone: 815.4419 ro Division Approval: Date: 3/16/18 Dat Di Director Subgrantee /Funding ource: M roeC my / DR - 4337 Received: Effective Dates: (9/10/17) - (3/10/18) Amount: $ 2,858,535.94 Type of Agreement: Routing: First Review — Finance: First Review — Legal: A) Grant B) G & A Subgrant Agreement Legal Signature: l ., Second Review — Finance: Date Received Fiscal Mgmt Signature: Date Reviewed Second Review — Legal: Date Received Date Reviewed Legal Signature: Distribution: 1 - Division/Bureau with Original Agreement 2 - Grants with Original Agreement 3 - Fiscal Mgmt with Copy of Agreement 99319 � an d � an SUBGRANTEE AND CONTRACTUAL AGREEMENT INFORMATION SHEET D.9.a SECTION 1 - GENERAL CONTRACT /GRANT INFORMATION CONTRACT #: Z0002 AWARD AMOUNT: $2,858,535.94 c DIVISION: DEM BUREAU: Recovery PROGRAM: DR -4337 (Federal Funds) SUBGRANTEE /CONTRACTOR NAME: Monroe County L SUBGRANTEE /CONTRACTOR ADDRESS: 1100 Simonton St.,Ste. 2 -213, Key West, FL 33040 WARRANT REMITTANCE ADDRESS) Same as above SUBGRANTEE /CONTRACTOR CONTACT PERSON & TITLE: Laura deLoach- Hartle. Finance & Shared Services Manager PHONE: 305.292.4482 FAX: E -MAIL: deloachhartle- laura(c�monroecounty- fl.gov DEM CONTRACT MANAGER: Lili Forbes BEGINNING DATE: (9/10/17) ENDING DATE: (03/10/18) FEDERAL EMPLOYER IDENTIFICATION /SOCIAL SECURITY NUMBER: 59- 6000749 OR SAMAS FUND IDENTIFICATION NUMBER (STATE AGENCIES ONLY - 29 DIGITS) MINORITY VENDOR CODE: (If Applicable, choose one: H- Black, I- Hispanic, J- Asian, K- Native American, M- Woman) SECTION 2 - SUBGRANT RECIPIENT DATABASE INFORMATION ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY: COUNTY COUNTY AWARD AMOUNT COUNTY MATCH AMOUNT Monroe $2,858,535.94 $ r c T STATEWIDE ALLOCATION SECTION 3 - SUBGRANT /CONTRACT FINANCIAL INFORMATION L GRANT REPORTING REQUIREMENTS: QR (Grant Awards Only) (MO- Monthly, QR- Quarterly, NA) ORGANIZATION LEVEL: 31800400000 CFDA #: 97.036 CSFA #: DEM GRANT # 4,37F FUND 1 2- 750001- 105150 EO Z2 $ 2,858,535.94 DEM GRANT # 4 FUND 2 2- 239047 - 105150 EO Z3 $ DEM GRANT # FUND 3 EO $ IF THIS IS A MODIFICATION: MODIFICATION #: EFFECT OF MODIFICATION: AMOUNT OF INCREASE /DECREASE IN AWARD AMOUNT: SECTION 4 - FINANCE AND ACCOUNTING USE ONLY (To be completed by Finance and Accounting) FID #: SAMAS CONTRACT #: INPUT BY: DATE: FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON -STATE ORGANIZATIONS - RECIPIENT /SUBRECIPIENT VS. VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor's website ( http : / /www.myflorida.com /myflorida/ government / governorinitiatives /fsaa /index.htmi). If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it now. (Applies only to State agencies) This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non - state organizations' after a state program has been determined (using the Florida Single Audit Act State Project Determination Checklist) to provide state financial assistance (i.e. is a State Project as defined in 215.97 (2)(r), F.S.). This checklist assists in determining if the non -state organization is a vendor, recipient/subrecipient, or an exempt organization. ' A non -state organization is defined as a nonprofit organization, for - profit organization (including sole proprietors), or Florida local government (excluding district school boards, charter schools and community colleges), which receives State resources. Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the FSAA to non -state organizations to which they provide State resources to assist in carrying out a State Project. Name of Non -state Organization: Monroe Caunty Type of Non -state Organization: I oral Gnvernment (i.e. nonprofit, for - profit, local government; if the non -state organization is a local government, please indicate the type of local government — municipality, county commission, constitutional officer, water management district, etc.) Awarding Agency: Division of FinargPnry ManagPmant Title of State Project: FPdPral Piihlir ASSIStanrP DR -4337 Catalog of State Financial Assistance (CSFA) Number: Contract/Grant/Agreement Number: 70009 PART A YES NO X 1. Is the non -state organization a district school board, charter school, community college, government/public university outside of Florida or a Federal agency? X 2. Is the relationship with the non -state organization only to procure commodities (as defined in 287.012(5) F.S.)? X_ _ 3. Does the relationship with the non -state organization consist of only Federal resources, State matching resources for Federal Programs or local matching resources for Federal Programs? X 4. Does the relationship with the non -state organization consist of only State maintenance of effort (MOE )2 resources that meet all of the following criteria? -- X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? X B. Do contracts contain sufficient language to identify the State MOE resources and the associated Federal Program? X C. Do A -133 audit requirements apply to the State MOE resources and do contracts stipulate that the State MOE resources should be tested in an A -133 audit in accordance with Federal Program requirements? 2 MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A -133 Compliance Requirement G (Matching, Level of Effort, Earmarking). If any of 1 -4 above is yes, the recipient/vendor relationship determination does not need to be completed because the FSAA is not applicable to the non -state organization. Revised January 01, 2002 Form Number: FSAA CL2 PART B RecipientNendor Relationship Determination: The following should be analyzed for each relationship with a non -state organization where it has been determined that the state program provides state financial assistance (i.e. is a State Project) and the non -state organization is not exempt based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or application. YES NO 1. Does State law or legislative proviso create the non -state organization to carry out this State Project? ® 2. Is the non -state organization required to provide matching resources not related to a Federal Program? 3. Is the non -state organization required to meet or comply with specified State Project requirements in order to receive State resources? (State Project requirements include laws, rules, or guidelines specific to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of specified assets, etc. Specified State Project requirements do not include procurement standards, general guidelines, or general laws /rules.) 4. Is the non -state organization required to make State Project decisions, which the State agency would otherwise make? (e.g. determine eligibility, provide case management, etc.) 5. Is the non -state organization's performance measured against whether State Project objectives are met? (e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc. Performance measures may or may not be related to State performance -based budgeting.) If any of the above is yes, there is a recipient/subrecipient relationship and the non -state organization is subject to the FSAA. Otherwise the non -state orga i s a v e n do r a i s n ot subject to the FSAA. PART C Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion regarding the non -state organization: (Check one) Recipient /Subrecipient: Vendor: Exempt Organization: Comments: Print Name: 1 0 1' Fnrhac Telephone Number: 81.9 Title: Grant Manaqe� Signature: Date: Note it is the program personnel's responsibility to notify Finance and Accounting of which non -state organizations have been determined to be recipients and are receiving state financial assistance (i.e. disbursements must be coded as 7500 object code in FLAIR). Note it is possible to have a contractual agreement with a non -state organization under Chapter 287, Florida Statutes, and still consider the non -state organization a recipient under the Florida Single Audit Act. If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in the document that established the State's, recipient's, or subrecipient's relationship with the non -state organization. Questions regarding the evaluation of a non -state organization or if it has been determined that the non -state organization is a recipient and a CSFA number has not been assigned, contact your FSAA State agency liaison or the Executive Office of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850) 487 -3832 or Suncom 277 -3832. Reference may be made to Rule 27D -1, FAC. Revised January 01, 2002 Form Number. FSAA CL2 Contract Number: Z0002 FEDERALLY - FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass- through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass- through entity" means "a non - Federal entity that provides a subaward to a Sub - Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub- Recipient" means "a non - Federal entity that receives a subaward from a pass- through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass- through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass- through entity to a Sub - Recipient for the Sub - Recipient to carry out part of a Federal award received by the pass- through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub - Recipient's name: Sub - Recipient's PA ID /FIPS Number: Sub - Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub - Recipient by the pass- through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient Monroe County 087 - 99087 -00 021771709 4337DRFLP000000l 9/30/2017 9/10/2017 — 03/10/2018 $2,858.535.94 $2.858,535.94 by the pass- through entity: Federal award project description (see FFATA) Name of Federal awarding agency: Name of pass- through entity: $2,858,535.94 Grant to Local Government for debris removal, emergencv Protective measures and repair or replacement of disaster damaged facilities Dept. of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Florida Division of Emergency Management (FDEM) Contact information for the pass- through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is Research & Development: Indirect cost rate for the Federal award: 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 97.036 Public Assistance See by 44 C.F.R. 207.5(b)(4) THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Monroe County (hereinafter referred to as the "Sub- Recipient "). For the purposes of this Agreement, the Division serves as the pass- through entity for a Federal award, and the Sub - Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub - Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub - Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub - Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance ", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES The Sub - Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971 (1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub - Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub - Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 4 vi. A provision specifying that any funds paid in excess of the amount to which the Sub - Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub - Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub - Recipient. As part of his /her duties, the Grant Manager for the Division shall: i. Monitor and document Sub - Recipient performance; and, ii. Review and document all deliverables for which the Sub - Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Lililita Forbes 2555 Shumard Oak Blvd. Ste. 360 Tallahassee, FL 32399 -2100 Telephone: 850 - 815 -4419 Email: Lililita .Forbes @em.myflorida.com C. The name and address of the Representative of the Sub - Recipient responsible for the administration of this Agreement is: Laura deLoach -Hartle 1100 Simonton St., Ste. 2 -213 Key West, FL 33040 -3110 Telephone: 305 - 292 -4482 Email: deloachhartle - laura @monroecounty - fl.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub - Recipient's responsibility to authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the Designation of Authority (Agents) in Attachment D may authorize addition or removal of agency users. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this agreement must be executed incorporating the Project as identified by number, budget, and scope of work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for the Project. (7) SCOPE OF WORK The Sub - Recipient shall perform the work in accordance with the Budget and Project List — Attachment A and Scope of Work, Deliverables and Financial Consequences — Attachment B of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end six (6) months from the date of declaration for Emergency Work (Categories A & B) or eighteen (18) months from the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub - Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub - Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub - Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost - reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. The Division will reimburse the Sub - Recipient only for allowable costs incurred by the Sub - Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ( "Budget and Project List "). The maximum reimbursement amount for the entirety of this Agreement is two million, eight hundred fifty -eight thousand, five hundred and thirty -five dollars and ninety -four cents ($2,858,535.94). d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub - Recipient which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729 -3730 and 3801 - 3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub - Recipient in FloridaPA.org against a performance measure. outlined in Attachment B, Scope of Work Deliverables, and Financial Consequences, that clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal ", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub - Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub - Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ( "Compensation— personal r services ") and 2 C.F.R. §200.431 ( "Compensation— fringe benefits "). If authorized by the Federal Awarding Agency, and if the Sub - Recipient seeks reimbursement for overtime expenses for periods when Mn no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their L employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable N under this Agreement as long as the benefits are reasonable and are required by law, Sub- Recipient- L employee agreement, or an established policy of the Sub - Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family - related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal awards; and, 7 iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non - Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub - Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub - Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub - Recipient in its regular operations as a result of the Sub - Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub - Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub - Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub - Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub - Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub - Recipient's personnel for the purpose of interview and discussion related to such documents. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub - Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. When the Division or the Sub - Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass- through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass- through entity, the 5 -year retention requirement is not applicable to the Sub - Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non - Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub - Recipient when it determines that the records possess long -term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub - Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. E f. As required by 2 C.F.R. §200.303, the Sub - Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub - Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone. is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub - Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub - Recipient shall maintain all records for the Sub - Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements 10 and objectives of the Budget and Project List — Attachment A, Scope of Work — Attachment B, and all other applicable laws and regulations. (11) AUDITS a. The Sub - Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. In accounting for the receipt and expenditure of funds under this Agreement, the Sub - Recipient shall follow Generally Accepted Accounting Principles ( "GAAP "). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub - Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ( "GAGAS "). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub - Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub - Recipient of such non- compliance. e. The Sub - Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub - Recipient's fiscal year. f. The Sub - Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub - Recipient, to the Division at the following address: DEMSingle— Audit @em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 g. The Sub - Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http h. The Sub - Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle _Audit @em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub - Recipient shall provide the Division with quarterly reports and a close -out report. These reports shall include the current status and progress by the Sub - Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The closeout report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Project List — Attachment A, and Scope of Work — Attachment B. e. The Sub - Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub - Recipient shall provide additional reports and information identified in Attachment G — Public Assistance Program Guidance. (13) MONITORING . The Sub - Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and /or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and /or other procedures. The Sub - Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub - Recipient is appropriate, the Sub - Recipient agrees to comply with any additional instructions provided by the Division 12 to the Sub - Recipient regarding such audit. The Sub - Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub - Recipient throughout the contract term to ensure timely completion of all tasks (14) LIABILITY a. Unless Sub - Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub- Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub - Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub - Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub - Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub - Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT . If any of the following events occur ( "Events of Default "), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub - Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; Material adverse changes occur in the financial condition of the Sub - Recipient at any time during the term of this Agreement, and the Sub - Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub - Recipient has failed to perform and complete on time any of its obligations under this Agreement. 13 (16) REMEDIES . If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub - Recipient and upon the Sub - Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub - Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub - Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub - Recipient to determine the reasons for or the extent of non - compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub - Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub - Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub - Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub - Recipient. (17) TERMINATION . a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub - Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub - Recipient with thirty (30) calendar days prior written notice. 14 c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. In the event that this Agreement is terminated, the Sub - Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub - Recipient has received the notification of termination. The Sub - Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub - Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub - Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub - Recipient for the purpose of set -off until the exact amount of damages due the Division from the Sub - Recipient is determined. (18) PROCUREMENT a. The Sub - Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non - Federal Entity Contracts Under Federal Awards "). b. As required by 2 C.F.R. §200.318(b), the Sub - Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(i), the Sub - Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall forward to the Division a copy of any solicitation (whether competitive or non - competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub - Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub - Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub - Recipient remains IC bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub - Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub - Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, Refuse to reimburse the Sub - Recipient for any costs associated with that solicitation. e. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub - Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub - Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub - Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub - Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub - Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non - compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, Refuse to reimburse the Sub - Recipient for any costs associated with that subcontract. The Sub - Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub - Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. a g. As required by 2 C.F.R. §200.318(c)(1), the Sub - Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(x), the Sub - Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub - Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub - Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub - Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub - Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub - Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub - Recipient shall comply with the requirements of 2 C.F.R. §200.321 ( "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms "). (19) ATTACHMENTS 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 language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Project List iii. Attachment B — Scope of Work, Deliverables, and Financial Consequences iv. Attachment C — Certification Regarding Debarment V. Attachment D — Designation of Authority vi. Attachment E — Statement of Assurances vii. Attachment F — Election to Participate in PA Alternative Procedures (PAAP) viii. Attachment G — Public Assistance Program Guidance ix. Attachment H — FFATA Reporting X Attachment I — Mandatory Contract Provisions A. Attachment J — DHS OIG Audit Issues and Acknowledgement xii. Attachment K — Justification of Advance Payment (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest - bearing account unless otherwise governed by program specific waiver. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment K — Justification of Advance Payment. The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier within (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief 18 Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub - Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this agreement, subject to the exhaustion of appeals, are due no later than thirty (30) days from notification by the Division of funds due. FEMA only allows thirty (30) days from deobligation for the funds to be repaid before it will refer the amount to the FEMA Finance Center (FFC) for collection. b. The Sub - Recipient understands and agrees that the Recipient may offset funds due and payable to the Sub - Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub - Recipient via the entry of notes in FloridaPA.org. c. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management', and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 d. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub - Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub - Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub - Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub - Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. 19 d. The Sub - Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seg. which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub - Recipient which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub- Recipient is unable to certify to any of the statements in this certification, then the Sub - Recipient shall attach an explanation to this Agreement. h. In addition, the Sub - Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for the Sub - Recipient agency and each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub - Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the 20 provisions of Chapter 119, Florida Statutes, which the Sub - Recipient created or received under this Agreement. If the Sub - Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub - Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub - Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub - Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 21 connection with this Federal contract, grant, loan or cooperative agreement, the Sub - Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Sub - Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub - Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB - RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub - Recipient has a pre- existing patent or copyright, the Sub - Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub - Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub - Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub - Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub - Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub - Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub - Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- 22 Recipient shall become the sole property of the Sub - Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub - Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub - Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60- 1.4(b), the Sub - Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the L provisions of this nondiscrimination clause. c ii. The contractor will, in all solicitations or advertisements for M employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ;; 23 iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub - Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Sub - Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 24 The Sub - Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub - Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub - Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub - Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI- KICKBACK ACT The Sub - Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub- Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the 25 purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT Per 2 C.F.R. 200.213 Suspension and debarment, non - Federal entities are subject to the non - procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI - LOBBYING AMENDMENT If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti - Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file W the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS If the Sub - Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub - Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits which encourage participation by small and minority businesses, and women's business enterprises; Using the services and assistance, as appropriate of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub - Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub - Recipient to break a single project down into 27 smaller components in order to circumvent the micro - purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting "). (33) ASSURANCES. The Sub - Recipient shall comply with any Statement of Assurances incorporated as Attachment E. P IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FEID# 59- 6000749 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: - N me a d Title: Wesley Maul, Director VGScn c.�l Date: `T " MONROE COUNTY ATTORNEY APP O ED AS T FORM: � CHRISTINE LIMBERT - BARROWS ASSISTANT COUNTY TTORNEY DATE: ,' t) Y 29 EXHIBIT — 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB - RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $ 2,858.535.94 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Federal Program: r 1. Sub - Recipient is to use funding to perform eligible activities in accordance with the Public Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures L Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities E— Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub - Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included on pg. 1 of this subgrant agreement and in Exhibit 1 be provided to the Sub - Recipient. 30 Attachment A Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that the Federal Emergency Management Administration (FEMA) has obligated for a Sub - Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s) that have been obligated are: DR -4337 Sub - Recipient: MONROE COUNTY PW # Cat Project Title Estimated Total Fed % Federal Share State Share Local Share Total Funding 22(0) B Force Account Labor first 30 days $2,667,613.65 100% $2,667,613.65 0 0 $2,6 613.65 39(0) B Fire Rescue Medical Supplies $106,465.29 100% $106,465.29 0 0 $106,465.29 I 41(0) B Temporary Sanitary Facilities Rentals for 100 $60, 949.50 100% $60,949.50 0 0 $60, 949.50 48(0) B Temporary fence $23,507.50 100% $23,507.50 0 I 0 $23,507.50 I I i j I I I I I I I i F I I I i I f I ; I I I DR -4337 Total i � $2,858,535.94 31 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work Complete eligible Projects for emergency protective measures, debris removal, repair or replacement of Disaster damaged facilities. When FEMA has obligated funding for a Sub - Recipient's PW, the Division notifies the Sub - Recipient with a copy of the PW (or P2 Report). A Sub - Recipient may receive more than one PW and each will contain a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables Large Projects Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub - Recipient prior to acceptance for payment. Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon: • Timely submission of Quarterly Reports (due 30 days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement) at least quarterly and supported by documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph 7 of this agreement. • Timely submission of Request for Final Inspection (within ninety (90) days of project completion — for each project). L • Sub - Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms G702 and G703, as required below. o A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's E project personnel with each reimbursement request attesting to the following: the �s percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Recipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by the Division, signed by the contractor and inspection /certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. 32 Five percent (5 %) of the total eligible amount (including Federal, state and local shares) will be withheld from payment until the final Request for Reimbursement (or backup for advance expenditure) has been verified as acceptable by the Division's grant manager, which must include dated certification that the Project is 100% complete. Further, all required documentation must be available in FloridaPA.org prior to release of final 5 %, to include permits, policies & procedures, procurement and insurance documents. Small Projects Small projects will be paid upon obligation of the Project Worksheet. Sub - Recipient must initiate the Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA.org, selecting the Sub - Recipient's account, then selecting 'Create New Request', and selecting 'New Small Project Completion /Closeout'. Complete the form and 'Save'. The final action is to Advance the form to the next queue for review. Financial Consequences: For any Project (PVV) that the Sub - Recipient fails to complete in compliance with Federal, state and local requirements, the Division shall withhold a portion of the funding up to the full amount. Any funds advanced to the Sub - Recipient will be due back to the Division. 33 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub - recipient, Monroe County , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub - recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR 1100 Simonto Street Street Address Key West, Florida 33040 City, State, Zip March 19, 2018 Date Monroe County Sub - Recipient's Name Z0002 DEM Contract Number FEMA Project Number t 34 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub - Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be removed as soon as they separate retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will lock them out. Each user must log in within a 60 -day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have full access /authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports /requests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed and this contact will have full access). Block 3: "Alternate Agent" — This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed and this contact will have full access). Block 4, 5, and 6: "Other" (Finance /Point of Contact, Risk Management - Insurance, and Environmental - Historic). Providing these contacts is essential in the coordination and communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 —12: "Other" (Read Only Access) — There is no limit on "Other" contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in FloridaPA.org. 35 DESIGNATION OF AUTHORITY (AGENTS) FEMA /GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub- Grantee: Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization/ Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -maii Address Box 3: Alternate Agent (Full Access) Box 4: Other - Finance /Point of Contact (Full Access) Agent's Name Official's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -maii Address Box 5: Other -Risk Mgmt- Insurance (Full Access) Box 6: Other- Environmental - Historic (Full Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address The above Primary and Alternate Agents are herebv authorized to execute and file an Application for Public Assistance on behalf of the Sub - grantee for the Purpose of obtaining certain, Grantee and Federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act (Public Law 93 -288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub - Grantee in all dealings with the State of Florida, Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub- grantee. Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Sub - Grantee Authorized Agent Signature Date ■ .. .. TO DESIGNATION OF AUTHORITY (AGENTS) FEMA /GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub - Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization/ Official Position Mailing Address Marling Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization / Official Position Organization /Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E -mail Address E -mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone i E -mail Address E -mail Address Sub - Grantee's Fiscal Year (FY) Start: Month: Day: Sub - Grantee's Federal Employer's Identification Number (EIN) - Sub- Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Stab- Grantee's: FIPS Number (If Known) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover. Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. REV. 09 -09 -2017 DISCARD PREVIOUS VERSIONS 37 Attachment E STATEMENT OF ASSURANCES 1) The Sub - Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A -21, A -87, A -110, A- 122, and A -128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this Federally- assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub - Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub - Recipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sub - Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub - Recipient further assures it will: a. Have sufficient funds available to meet the non - Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met, all contracts meet Federal, State, and local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications, and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United States and the Grantee /Recipient all lands, easements and rights -of -way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee /Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for 38 themselves or others, particularly those with whom they have family, business, or other ties. h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. L Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records books, papers, or documents related to the grant. j. With respect to demolition activities: i. create and make available documentation sufficient to demonstrate that the Sub - Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. return the property to its natural state as though no improvements had been contained thereon; iii. furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub - Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and /or hazardous materials present; v. provide supervision over contractors or employees employed by the Sub - Recipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. leave the demolished site clean, level, and free of debris; vii. notify the Grantee /Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; A. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii. provide documentation of public notices for demolition activities. 39 k. Require facilities to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1 -1961, as modified. The Sub - Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 1. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for $500,000 0900 or more. m. Return overpaid funds within the forty -five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee /Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub- Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally- assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600 -605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one -half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed work -week. g. Anti - Kickback Act of 1986, which outlaws and prescribes penalties for "kick- backs" of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase 40 "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. Insurance requirements of Section 314, PL 93 -288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or reguiations, and assure the compliance of all its Sub - Recipients and contractors. I. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations; and L Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub - Recipients and contractors. p. Provisions of Section 311, P.L. 93 -288, and with the Civil Rights Act of 1964 (P. L. 83- L 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees /Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub - Recipient, this assurance shall obligate the Sub - Recipient or in the case of any transfer of such property, any _ transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. 41 r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff /termination, rates of pay or other forms of compensation; and election for training and apprenticeship. L ii. EO 11514 (NEPA). iii. EO 11738 (violating facilities). N iv. EO 11988 (Floodplain Management). L v. EO 11990 (Wetlands). c vi. EO 12898 (Environmental Justice). 5) For Grantees /Recipients other than individuals, the provisions of the DRUG -FREE WORKPLACE as required by the Drug -Free Workplace Act of 1988. 42 This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and /or other Federal financial assistance extended to the Sub - Recipient by FEMA. The Sub - Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee /Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Sub - Recipient, its successors, transferees, and assignees FOR THE SUBGRANTEE /SUB- RECIPIENT Signature Tina Boan, Sr. Director Budget & Finance 03/05/2018 Printed Name and Title Date 43 Attachment F Election of Participation in Public Assistance Alternative Procedures (PAAP) Pilot Program Should the Sub - Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division B of P.L. 113 -2), execution of a Supplemental Funding Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub - Recipient prior to the payment of such funds by the State as the Recipient. Payments processed under the Alternative Procedures provisions will be requested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will, however, be treated as an advance for purposes of Requests for Reimbursement (RFRs) and satisfaction of the requirement that ninety percent (90 %) of previously advanced funds must be accounted for prior to receiving a second advance. In order to elect to participate in the PAAP program for one of the following options, you must read the Guidance found at https://www.fema.qov/alternafive-procedu and then complete the required documents on the following pages. The documents can be found under the Permanent Work section of the webpage in editable .pdf format if preferred. PAAP for Debris Removal (Category A) Required Documents: • Public Assistance for Alternative Procedures Pilot Program for Debris Removal Acknowledgement 9°7ttps:l/ v. fame. gov9media- iibr 504811965699- 24dfda9ae3e22d450582563bdb 2e0f1IAPPE( DIX A Revised for limited sliding scale 8 -23- 17. df PAAP for Permanent Work (Categories C -G) Required documents: • Fixed Subgrant Agreement Letter hgp /tw v�w.fema. ov /media- iibrar - datat13881 4 77a85- 398aea786c6aedbd048c371270fd7b22 /508 PA Alternative Procedures Pilot Program Perman ant Work Fixed Sub rant Agreement Letter %2012- 13-13.gdf • Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement gpsi llwww.fema.govlmedi - library- data /1388155802544® 11629c78f8308b5c4120deb135460129 /PA Alternative Procedures Pilot Pro ram Permanent Work Acknowledgement °120 - -13. df All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures, FAQs, Archived Docs, etc.) may be found at: https:llwww.ferns.govl media® Iibraryiassetstdocuments1115868 Note: PAAP Pilot Program Guide for Debris Removal (Version 5) published June 28, 2017 contains the following changes: The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for one year to June 27, 2018. As part of the extension, FEMA will only authorize the sliding scale provision in events with significant debris impacts. The other three provisions available under the Pilot remain unchanged. For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot's sliding scale provision to high impact incidents that meet the following criteria: high concentration of localized damage; 44 large quantities of debris (over $20M or 1.5 million cubic yards); and disasters declared very soon after the incident (8 days) to incentivize rapid debris removal. This guide is applicable to disasters declared on or after June 28, 2017. The changes to the sliding scale provision are applicable to disasters declared on or after August 28, 2017. This version of the pilot guide supersedes the previous pilot guide for debris removal (V4) which was published June 28, 2016. M Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program. As a representative of the subrecipient, we elect to participate in the following: ❑ Accelerated Debris Removal - increased Federal cost share (sliding scale) x Recycling Revenue (subrecipient retention of income from debris recycling without a award offset) x One -time incentive for a FEMA- accepted debris management plan and identification of at least one pre - qualified contractor x Reimbursement of straight time force account labor costs for debris removal 1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its debris removal subawards. 2. For the sliding scale, the subrecipient accepts responsibility for any costs related to debris operations after six months from the date of the incident unless, based on extenuating circumstances, FEMA grants a time extension. 3. The subrecipient acknowledges that FEMA may request joint quantity evaluations and details regarding subrecipient operations necessary to assess the pilot program procedures. 4. All contracts must comply with local, state, and Federal requirements for procurement, including provisions of 2 CFR Part 200. 5. The subrecipient must comply with all Federal, state and local environmental and historic preservation laws, regulations, and ordinances. 6. The Office of Inspector General may audit any subrecipient and /or subaward. 03/05/201 Signature of Subrecipient's Authorized Representative Date Tina Boan, Sr. Director Budget & Finance Printed Name and Title Monroe County Sub - Recipient Name PA ID Number ❑ We elect to not participate in the Alternative Procedures for Debris Removal. 46 FIXED SUBGRANT AGREEMENT LETTER DATE: To Address: To FEMA: As a Public Assistance (PA) Sub- Recipient (PA ID ), in accordance with Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, we agree to accept a permanent work subgrant based on a fixed estimate in the amount of $ for subgrant number (copy attached) under Disaster # . We accept responsibility for all costs above the fixed estimate. We understand that by participating in this pilot program we will be reimbursed for allowable costs in accordance with 44 CFR § 13.22(b) — "Applicable cost principles ", the reimbursement will not exceed the fixed estimate. We also understand that by agreeing to this fixed estimate, we will not receive additional funding related to the facilities or sites included in the subgrant. We also acknowledge that failure to comply with the requirements of applicable laws and regulations governing assistance provided by FEMA and the PA alternative procedures pilot program guidance (such as procurement and contracting; environmental and historic preservation compliance; and audit and financial accountability) may lead to loss of Federal funding. Signature of Sub - Recipient's Authorized Representative Printed Name and Title Date Signature of Grantee's Authorized Representative Date Printed Name and Title 47 Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program. As a representative of the Sub - Recipient, our agency understands the following: 1. We plan to participate in the following elements: ❑ Subgrants based on fixed estimates, and as the Sub - Recipient, accept responsibility for costs above the estimate Consolidation of multiple fixed subgrants into a single subgrant ❑ FEMA validation of Sub - Recipient - provided estimates ❑ Elimination of reduced eligible funding for alternate projects I Use of excess funds -! Review of estimates by an expert panel for projects with a Federal share of $5 million or greater 2. The pilot is voluntary, and a Sub - Recipient may participate in alternative procedures for one or more large project subgrants. 3. If the Sub - Recipient accepts a fixed subgrant estimate, the Sub - Recipient understands they are responsible for all costs greater than the fixed amount. 4. The Sub - Recipient agrees to notify the Grantee regarding the specific use of excess funds. 5. All contracts must comply with local, State, and Federal requirements for procurement, including provisions of 44 CFR Part 13. 6. The Office of Inspector General may audit any Sub - Recipient and /or subgrant. 7. EHP review must be completed for all subgrants, including cases where new scopes of work would require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this requirement may lead to loss of Federal funding. 8. The Sub - Recipient may submit appeals in accordance with 44 CFR §206.206. However, FEMA will not consider appeals solely for additional costs on fixed subgrants. Signature of Sub - Recipient's Authorized Representative Date Printed Name and Title Sub - Recipient Name PA ID Number We elect to not participate in the Alternative Procedures for Permanent Work. M Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'S /RECIPIENT'S WEB -BASED PROJECT MANAGEMENT SYSTEM (FloridaPA.org) Sub - Recipient s must use the Grantee's /Recipient's web -based project management system, FloridaPA.org, (available at www.FloridaPA.org) to access and exchange project information with the State throughout the project's life. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub - Recipient. The Sub- Recipient is required to have working knowledge of the FloridaPA.org system. PROJECT DOCUMENTATION The Sub - Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should fife all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one (1) PW. The Sub - Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Sub - Recipient account closeout by FEMA. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non - expendable personal property valued at $5,000 - or more at the time it is acquired must be retained for five (5) years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. INTERIM INSPECTIONS Interim Inspections may be requested by the Sub - Recipient, on both small and large projects, to: i. conduct insurance reconciliations; ii. review an alternate scope of work; iii. review an improved scope of work; and /or iv. validate scope of work and /or cost. Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under the following conditions: i. a quarterly report has not been updated between quarters; ii. the Sub - Recipient is not submitting Requests for Reimbursement (RFR's) in a timely manner; 49 iii. requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and /or iv. there are issues or concerns identified by the Recipient that may impact funding under this agreement. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub - Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub - Recipient should notify the Recipient within sixty (60) days of Project completion. The Sub - Recipient should include the following information with its closeout request: • Certification that project is complete; • Date of project completion; and • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Sub - Recipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount, the Sub - Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re- evaluate the cost - effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub - Recipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance provided at hitp",//www.femagov/alternative-procedures Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub - Recipient did not complete the approved SOW; • The Sub - Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. If none of the above applies, the Sub - Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub - Recipient must request the additional funding through the appeal process, described in the 50 PAPPG Chapter 3:IV.D, within sixty (60) days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is 18 months from the declaration date. 1 IN IV E 15! 011 Type of Work Months Emergency Work 6 Permanent Work 18 If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a time extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and • The project timeline with the projected completion date The State (FDEM) has the authority to grant limited time extensions based on extenuating circumstances or unusual project requirements beyond the control of the Sub - Recipient. It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those funded under the PAAP Accelerated Debris Removal procedure and projects for temporary facilities. With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations (such as short construction window) • Inclement weather (site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved 51 SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the Applicant did not restore. Request should be submitted prior to current approved deadline, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline / project schedule in support of requested time • Basis for time extension request: o Delay in obtaining permits ■ Permitting agencies involved and application dates o Environmental delays or limitations (e.g., short construction window, nesting seasons) ■ Dates of correspondence with various agencies ■ Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a request does not automatically grant an extension to the period of performance. Without an approved time extension from the State of FEMA (as applicable), any expenses incurred outside the P.O.P. are ineligible. INSURANCE The Sub - Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and /or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub - Recipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and /or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252 -253, for damaged facilities, the Sub - Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than $5,00022 In addition to the preceding requirements, the Sub - Recipient under - stands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, "Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub - Recipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. The Sub - Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252 -253. 52 The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub - recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub - Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. DUPLICATION OF BENEFITS The Sub - Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub - Recipient receive any other duplicate benefits from any source whatsoever. The Sub - Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Sub - Recipient has received payment from the Recipient. The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. In the event the Recipient determines the Sub - Recipient has received duplicate benefits, the Sub - Recipient gives the Grantee/ Recipient and /or the Chief Financial Officer of the State of Florida, the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub - Recipient, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. COMPLIANCE WITH PLANNING /PERMITTING REGULATIONS AND LAWS The Sub - Recipient is responsible for the implementation and completion of the approved projects described r in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub - grantee /Sub- Recipient, and any land use permitted by or engaged in by the Sub - grantee /Sub- Recipient, must be consistent with the local government comprehensive plan. L 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. , L The Sub- Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. FUNDING FOR LARGE PROJECTS Although Large project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub- Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). The submission from the Sub - Recipient requesting this reimbursement must include: a) a Request for Reimbursement (available in FloridaPA.org); 53 b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and c) the FDEM Cost Claim Summary Workbook (found in the Forms section of FloridaPA.org), along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders etc. ADVANCES Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment. Notwithstanding Paragraph 9) Funding, in the Agreement, these payments are not bound by Section 216.181(16), Florida Statutes. 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A -87, A -110, A -122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest - bearing account with the interest being remitted to the Recipient as often as practicable, but not later than ten (10) business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA) the Sub - Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Sub - Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Sub - Recipient must complete a Request for Reimbursement (RFR) via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub - Recipient, not exceeding the Federal share, only if the Sub - Recipient meets the following conditions: a) the Sub - Recipient must certify to the Recipient that Sub - Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Sub - Recipient must submit to the Recipient the budget supporting the request. 8. The Sub - Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety (90) days after receipt of the Advance; 9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub - Recipient if the Recipient reasonably expects that the Sub - Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub - Recipient was improper. 54 DESIGNATION OF AGENT The Sub - Recipient must complete Attachment D by designating at least three agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Sub - Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub - Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub- Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. DUNS Q &A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine -digit identification number provided by Dun & Bradstreet (D &B). The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants /prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D &B representative. This process will take approximately 5 —10 minutes and you will receive your DUNS number at the conclusion of the call. 1- 866 - 705 -5711 What do I need before I request a DUNS number? L Before you call D &B, you will need the following pieces of information: L • Legal Name • Headquarters name and address for your organization • Doing business as (dba) or other name by which your organization is commonly recognized L • Physical address T • Mailing address (if separate from headquarters and /or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. 55 How do I see if my institution already has a DUNS number? Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D &B will tell you if your organization already has a number assigned. If not, they will ask if you wish to obtain one. Should we use the +4 extension to the DUNS number? Although D &B provides the ability to use a 4 -digit extension to the DUNS number, neither D &B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi- campus systems? Multi- campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. Does the DUNS number need to be included on individual fellowship applications? Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the application. Individual Kirschstein -NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. What does the DUNS number have to do with the Central Contractor Registry (CCR), soon to be the Business Partner Network (BPN)? Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically through Grants.gov. Your organization will need a DUNS number in order to register in the CCR. The CCR is the central registry for organizations that have received Federal contracts. If your organization has received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that your organization information is up to date. For more information about the CCR, please visit the CCR web site at: www.ccr.gov. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Does this apply to non -US organizations? Yes, this new requirement applies to all types of grantee organizations including foreign, non - profit, for profit as well as for state and Federal government agencies. Does this apply to non - competing progress reports? No. This new requirement applies only to competing applications. Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non - profit organization they may operate are exempt from this requirement. Also individual Kirschstein -NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically this request would come from the finance /accounting department or some other department that conducts business with a large cross section of the institution. 56 We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included in any marketing list. What can we do? Inclusion on a D &B marketing list is optional. If you do not want your name /organization included on this marketing list, request to be de- listed from D &B's marketing file when you are speaking with a D &B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone number 1- 866 - 705 -5771. If you have questions concerning this new Federal -wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202 - 395 -3993 or via e-mail at swab cr ornb.eo ov Substitute Form W -9 For the purpose of this Agreement, a Sub - Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W -9. The purpose of a Form W -9 is to provide a Federal Taxpayer Identification Number (TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W -9 ensures that the State's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue Service Form W -9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W -9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W -9 on the State's Vendor Website at hi1gs "./fil do .rnytloridaoto. c rr , 57 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http: / /www,usaspending.gov /. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ( "FDEM" or "Division ") must use to capture and report sub -award and executive compensation data regarding first -tier sub - awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub - awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: N/ — Do not t oniplefe FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ Federal share aaio unt only OBLIGATION /ACTION DATE: date awarded to State of Florida SUBAWARD DATE (if applicable): DUNS #: DUNS# +4: *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866- 705 -5711 or use the web form ( http: / /fedgov.dnb.com /webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE O BUSINESS ADD RESS: ADDRESS LINE 1; 58 ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE +4 ** PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA #): DESCRIPTION OF PROJECT (Up to 4000 Characters) Complete eligible Projects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE +4 ** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: * *Providing the Zip +4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION 1. 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and /or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 9 is "No ", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http / /www.sec.gov /answers /execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" 59 appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives ", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions ". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non - equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above - market earnings on deferred compensation which is not tax - qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank (Highest to Name Lowest ) (Last, First, MI) Title Total Compensation for Most Recently Completed Fiscal Year . 1 ' I [ I 3 i 4 I 5 I THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: ME Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 CFR Part 200. It is the responsibility of the sub - recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 61 Pt. 200, App. 11 agem Federal awards 1my Include. m Pro- vid ng this Inforim on lets a potontml ap plb! - Ut ldcn any requir"Injurs with which It A'Guld L,ve difficulty complying it its a.Pp."i'A!iQa is qnccesaftl In those eally notificaUon about the requiremento od- Inwa th, pr,1rnt➢5l applicant. W dmide not to apply or to take needed actions heforc rft ceivIng the Federal award, The amnouneo Want need net include all of the terns and Conditions of the reder'.) award, but Ita 1efet tj, a dvvumeut (with infrinati"a about bow to obtain il) or lnt rttat sAte where ap- ylf 'e. tbr ter k- and udaj,m . Tf this (otndia7r.ppoi tunity will WA to Federal awards with wwv- special terms and condi- :k,tu that diffr fe,m the FedrLai awardiin, u,ewc�'a ueml called "^ouaral") lerns and ooudltiom, Chia -eotivn ahQuld bighlfght thooearmjclai Tarins and mudittom. DQin arj will alert. •pplimnts that hava re- , erzed Federal ca rds froiin the Federal alvardin• aq'tacy jzevic. i ly and nue t not 'tberwiaee expect d:fftrtnt terim and ooudi- tioum. For the aanv meson, tho announce- !Wnf should inform potential apphoanta abou Bn•e -1 " i raqui!rT•ntp that could apply 1 c, iwrflaaljr Fe-&ralawards after they review of applications 4nd other laformtticn, hmed on the pat"i"'Alaa circLlmstanc-a of the effort to be *upj."ted if butuam aubpe'Lq were tit k - I:: ° cri et if acute o1a, y jos tify -peA.%l teln's cn. intellectual property, data eLaxir,; m e-onrity requuomeatz). 3. This aootion must P)nludc genr infornvation about the type, G _-Y fil"n'.1 Jr rWf-VrflaD1k'), ft"(1111alcY. and 1 11 1- all. , of aut mi (papor or oleo troniQ of puet-Federal am.Lrd reporting re- Qulry tents, Hlghjsiht any mpeolal reporting 11qmr,wnt-_ fir Fedpvl awaado under this fundiaC q)txwfunity t4rit differ Ce.q by m ;M• fyi . 11-10ru.:y. tQrmf61n)A.t, or ':lr- cunutancea f�_ ua4) tram what the Federal • e, warts l.m., 4tnuy'a Fed,rul wwards usually requiro redt-4 ewaz diar, atteneles ramt also •l°acrlke in CLiJ LeOloa !JI relevant retpli•e- nleuts such a, fto&Q a. 2 UT, 103.15 and 2 U €h, Federal sLAre of any Federal awed =Y inAude mare ;hew 35M900 rarer the pe- ri"d of thig —tion moat in- form potential applicants about the y.,st Nward reo_'-rt.tny r,4uhmntnta roflt+ct it Appendix XK Award Tsrm and Condition for Pa,ivi=nl Inte,rity and Porfiertnanee M3"Ce"L F7DZ�RA;. AWARDIl9G Acr.=Y CoNTAcFr(s — RIAOIAM The anncLmewntnt must. FrAve potential ap Flilluts R roint(a) of o3Dtact for answering questions Lm helping with prob]Ortas while the funding ->prxn is oixn. The imt*:nt of rh15 rcquirprnem?, is to be as helpful as po aibl(t tr: potential applteantg. so the. Federal 2 CFR Ch. 11(1 -1 -17 Edition) awarding urent;y Should evasidor apprtuchea such 44 giving; i. Point. of -. who inay be reu1wd In nsiltiple ways (o,g., by trIephone, FAX. andl or email, oLq well as regular mail), li, A fax Or ornall addrnw that multiple people awvew. 40 that someone will reapond even if kbers are unexpectedly ah,ut dur- ing orl tto°al 1�'riuds' fit, rAM.mnt conwtq for diatinot kinds of help to.g., ono for questions of proeramutwitic 0.11tent and a second for arintini'trative quevtlans). H. ()TRya INFORMATION OPTIONAL This eattlon may include atkv additional inforn"Clon that will 441314t a vototiri'd ap- p*ieant. For exatople, the aectioti L. Ladlt4te whether this is a new pror,ram ur a Cn-t4u, initiative, li, M—fien related p—grau.4 .' -tbe' 'it, cond.g or ongoing Fed.,rxl a a_.m;y funding opp)rtunitics for sJmiTaravtiv1ti, Iii. Tmoludn currant Internpt Addr"sea for Federal awarding QVeRQy Web situ[ that may N na-ful to an applimat in the vro!rram, IV. Alert applj,.manta to the need to identify proprietary infornamtn and Inform them about the waxy the FederaI awarding ag^moy will banille it, v. laolude Certain routine noticej to appli- cants (o,g, that the-, Fe&reI Govorunimt N not obliffatvd to Itako any Fe&mod whard as r-.etW of the aanotmceruent Q1 that only , Srfttts oftloerl cju MAd the Federal Govern - ment to the of fua&). (18 PR "808. Doe- 26. 2013. w amended at 80 FR 43310, J uly U, '29' .5, 21JPPV\'DIX 11 TO PART ',YX ACT Pni')Vi.kIO FOR NO%'-FM)EP.A.L ENTI- TY OONTRMIT UNVRII. PPAWRAI, AWA"P In addition to other prv,iei.ne required by the Federal a�7eteoy or non - Federal entity, all . entrants mada by the entity under the F-deial award mint contain rxovi- siong izoverirj$ the fcll.•ing an appli('a5le, (A) � CQntraets for uxre than the simplified a threah-'Id ('uTTqUfly qt at MOW, which Is the inflation Adjusted inw det-eirimed by the Civilian Agency A, qui4ition Council and the D-fenAe Acqtlisl- tion llevulatiofia cqnn.il (Connoila) a-, An- tborlwd by R U.S.C 1906, must address ad mlni rontmotmi.l. or legal romcdie,3 In Instance's where, contractors violate or bl'osib onntraet tormR. and provide for ouch sanctions and penalties as avpropriaW. (13) All contrsct- In -xoeBe of 110.001) naust *ddiva.q termination for catne and for Con- vcniene., by tho. not Fode-ral entity including the manner by which it will be effected and the basis for Eettlernomr, 200 71" ■ • Dew OMB Guidance (C) Equal -Employment Opportunity. Ex- cept as otherwise provided under 41 CFR Part @D, 9, 11 06rxt'4 N that meet Mt defini- tion of "federally :» lotted con0ructlov onn- tract" In 41 CFR Part 60-1.1 nivat, Include thk, equal opportunity clause provided under 41 0FR 00.1.4(b), in accordanoo with Executive Lh•der 11246, "Lq%W Fniployrmut oppor tunity" (30 PR 12119, 12935. 3 CFH Part, 1964 -- 1985 Cemp., P. W), 04 tttxrexxded t,,y Executive Order 11375. "Amendintr Executive Order 11244 Relating to Equal Employment Upper tL3nit and b reguhitioxxs at 41 CPR "cart 60, "Office, of Federal Contract Outopliance Prograrm, DraM Employment Opportunity, Departruont of Labor. (Cr) Dralll> -Bacon Act, a,* amended (40 U.S.C, 3141 - 3148)- When rc-quired by Federal pru: rani legislation, all prime construction oontra&4 in excess of 32,000 2.%vard�d by non Federal ontitiek! 111110t inf-M& a Provision for c� ante with the Davis -Bacon Aci (40 U.B.C. 8141 -3144, and 3116.3148, as ;Aipplenw-uted b_ Department of Labor regulations (2ib CPR Part 5. "Labor Standards Provislonz Appli oxiblo to Contract$ Covering Fodra-9,11y Fl nan0ed and AMAt.f.d Cowitruetion"). In ac- .,ordance with the 0t4tato. coutracton moot be required to My wares to laboyers and me. cb%xri(-a ,at a rate not le e ttr *11 the V'revaili-ac wages specified In a wage detprmination n by the BOcrctary or Labor. In addition. oolltreo7tor mast he required t* pay vvag08 runt ]ePA than once a week. Th> nun- Federal eulfty rauet place a copy of the ourrent, Pre vaiii.r wa(;e determination is ued by the De- partment of Labor in each solicitation. The deciAon to - „ward a contract or aul nuut he conditioned upork the a:,ceptaxx,:e of the wage del-wraination. T1w non - Federal 6a- tity 111LISt report all suspected or ref%)rt.ed violations to the Federal awarding agency. The rAntrewt,5 jmt-yt nl3o inelurke a provtstcjn for conipliant,,, with the Copeland "Anti Ki Acl (40 U.S.C. 3145). as aupple- tnpaled by Depurt-trent of Labor t29 CPR Part 3. "Contractors and Stib- ^ontractom on Public Building or Public Work Firanood in Whoj< or In Part by I,nans or Grants from the United StatiA The Act Mvi&v that e�•h contractor or *qh- ieciptent weir be prohibited from indu by any invars. "v - vr uxx omploved In the avrwtrrter•ion, mmphtion, or repair of public work, to give or an p"rt. of the V0ff1peDSa- tion to which he or sM A otherwiak entitled. The non Federal entity xxxxvit report all sos- peOod or reported violations to the Federal awarding agency. Corttra�-t Work hours and 'safety M,ndarda Act (40 3" 301_1701j). Wham applicable, all coixtrac(,4 wx by the noa- reltVr4l tlltitY in OXCVW of $100.000 tIVAt III- volve the emplosniont of imebaties or labor ers must Include, % Provision for eompliaaa - with 40 V.S.C. 3702 and 7701, ae auppi4nxexited by Deixut.rnent of Lilxsr regul ( CM Pt. 200, App. 11 Part 6). Under 40 3702 of the Act, each contractor must be required to compute the wages of ovcry ronOhanir, and laborer on the baAo of a Amulard work week of 40 Ja.um Work in oxe*_i8 of the standard work wvolx, W pernitaible provided that the worker is corn- pcnsatud at a, rate of not less than one and a half trnloil the baalc rate of pay for all hours worked in excess of 40 both-* in the work week. The reqniretaeow of 40 3704 %xv applicable to coast.ruction work and provide that no laborer or mechanic must be re- rinlred to work in surroundings or Linder working tonditiarrQ which are unsanitary, hazardous or daxrgernus. Tlwq< require.meaxa do not apply to the purchases of mupplie6 or materials or articles ordinarily available on tb open market, or coxxtr,z,ts for t4-xnnper tat ion or transmission of intelligence. (F) Rights to Invention..; blade Vnd, a Contraot or Agreement. If the F-iklor-M wward imete the definition of "Ainding agreement" andt 37 MI. 4401.2 (a and the recipient or aubrecipient wielies to enter into a contract with a smal bmizicas firm or nonprofit orga, 1117'atiou 1 the Substitution of PU tlee, a_-Y!Vnrnent or Iwiforimnce of Hxl*ri- rnental. &-velopruerval, or roe-arch work tinder that "funditiZ a,-reernexxt," the reelpt- ent or Subreciviont must comply with the re qnlrootrotn of 37 CFR Part 401, "Right.- to In vcntions Made by Nonprofit, Or7anizationz and _QmJI Rtx.lizxos;s Fienig Lrxd+,r Govorn "xxt Grants. C'*atrqOtP, and Cooperative and any imrkmexxtia; re(uht- tio" ieLoed by the awaxrliat, w.-'xicy- ((;) Clean Air Act (40 U.*.C. 7401-76ilq.) and th- F & Wab Pollution Control Act (13 U�.O. as aanpad-d—Contracts and bubtrants Of tutolint- in exc*s4 of $150,000 nxwt contain % provision that require: the non - Federal award to agree to comply with all applimbbi standards, nrdoxs or ro-guln, M iasund PuMn�x)t to the Churn Air Ant 02 U.'AX. 7401_76711 and the Federal Wntpr Pollution Control AA. a amended (33 U.B.C. 1251 1387). Vtolatioiw must be r eported to the Federal awarding agency and the Regional Office of the Environoxental Pmtrotion Agency (EPA). I . il) Debarment and Sai-Nadion (rxeunt.jv* Order,- 12549 and IW80Y -A cormaef award (*. 2 CFr. 189.221) must not he made to pax- tit Meted on the VQ%rxmwW wids exchusxZ in t-hp Symt.ern for Award 0 in accordance with the ONIP Auld *- lines of 2 CFR 180 That Implement Ex*,wptive Ordvre Mq* (3 CPR part 1986 Comp., p, 109) and 1"89 (3 CFA part, 1980 Comp., p. 225), "Deb.%rinent and SAM Exclu 0ou- coutaiue the uarnp of parties debarred, suspended, or otherwise excluded by agen- cies, as well as parties declared ineligible tinder statutory or regulatory authority other than Executive Order IDW_ (T) Byrd Anti-Lobbyinr Amendment (31 135Z} - Contra etoi. that apply or bid 201 ■ • 63 Pt- 200, App. III for an aw excocding 5100.0m nuist file the mquired certification. Sarh Her certifies to the tier above that It will not and heat not Ua d Federal appmurfated panda to pay any person or organlration for influencing or at- temptinr to influence au officer or employee of any agenoy, a member of Congress, offic'r or employee of con(•ress, or an employee of a mernlar of Cbagreoa in connactimi with nb- taainina anti Federal contract, grant. or any other award covered by It A.S.C. 1062, Farb U61 must alao disclose any lobbying with non- Federal Nude that t.akoe place in con. neotion with obtaining any Pederal award. Such discloaur9s are forwarded frorr tier ro tier up to the non - Federal award. (:r) See 1300 -222 Proeuremant of re^.aveixd nett J-01.. ['a FIR MA Dee. 20. 2011, as aamuded at 70 FR TSM. Gec. 19, 9414! APPENDIX III TC FAIN 200— INDIR( - '.C'T (F&A) Con TOO TIFICATLON ANN Ai FNT, AND RATE 1dhTFLLMNA- TIGN LOR INSTITUTIONS DF ITIGHEP. EDUCATION (IRIEe; A. GZII2AAL Thid Appendix provides eritnrLq for ldenti- fylnv and computing Indirect (or indirect (F &A)t rates at IM (Inatitutium). Indirect tF &A) caste are thwxr that arc ineurrod for coniirun or Joint obje<tives and therefore cannot. be Identified readily and eWcifi ally With a particular dponimored project, an in- structional activity, or any other institu- tional activity. bas subsection P.J. 1retlni- tirsn of Factlitiex -raid Adutiaieunt,ion. for s, dL:cusaion of the c of indirect iF`dcrii costa+. 2.. Afcj *r Furc-'az8 of r. fr adr utdvr kefer3 tv in.,1'trnCtiUn, Urvanited Pf?3e:irCh, c•tht :r aponanrod aotd and ntliv inamn- tional activities as defined in Chia aectlon; 3. fnSf itlC :I :`1: rne'%W the teacmng and rmjnina activ7tics of an inatitarLYOn. Rxdept Rm rasa :iaeh tminin° .as pro "ided in sub- section b this terns inelud a all f rchsa and trsinin "tivities wixether th v are offered &rr rr dito to Sri a. dtgr a or . mtifivt, or on a sun credit hwis and who her they are offered through r"tilar acr✓doinia depart . runts or soparato div ions., such m a stint rrwr school division rn an a „trnairn d :vir,imn. :filar. conaiderid Dart of this iiiajer l"moton tv:: dnpartmcnr•sl re- rob. iud, wb..rr agreed to, university research - (1) apons�re,d its'? II&L. art frrm nl r»e m ape011 inrtrutt sal or ta_lmin cis ty ra tablished by grant ontraat or coopers ire Agttemrnt Fir pirpna ., of th coat Iran ciples, !hie aCti 7fty ula.y be ionaidnred a rrxtjor funr;tion even though an iustitut.inn's 2 CFR Ch. 110 17 EdRion) aoaount.ing treatment rmy include it in the in9truotloa function. (Z) 1),jenrtm, sal rvs,enrnh nwana r++a9aA'.di, develapirnnt and scholarly ;v iivttlta that are not orgs.nized research and, can - mqurntly, are not aeymrntely bod €ctrd and accounted for, 1)eputrmntad research, for purposes of this doctitnent, not correidered as a major °unoion, but as a part of the is atrnctlon function of the institution. (3) Gn nnndatmy coat sharing or cost sharing amcifically corarnitted In the projeor budnet n fiat 1% Included in the orTanizedrr- eearah base fOr enrnputitrg ,he indirect !1`&A) coat rate or rellectwi in any auee,.tion of In- direox cceta. Salary coats above statutvy iilydte are not Cnhsidered coat sharing. b- L>rg4a:ired ,c�.rrrcA uwana all rcacya'cia and devOopuwnt Activities of an tustit.ntion that are sepUrately had,„eted and itcrodnted 5or.'It invludea: (li Spca.imd' r.:erwiah mean” all r'ear7 mh and deceluDUran t. activities the' are apon- &,red by Federal ^aud non - Federal a4encies and i,.iganlZat',ODa, 7"i?.ia term ineiudC - -$ aetivi ties involvin„ t-ha trs,inina of Individuals in rnsearoh techniques f +arinutxanlc called rs- auucb tralntnF whore such aetivitica at -llizs the name fae iriez as other research and de- -:clopnxnt activith:+ and when nin.b w-tivi tae,- are aor included in the instruction func- tion, i means all research .,od dovrlopnvmt nxaivititnr tl are+ - IIa- rarely busted and accounted for by the in- atituticn tinder en intyrnal application of ia- atitnticnal ninth. Dn'iveralty= resr+arch, for PUrpoees or this doonrrent., mrn:_t be com- bined with afxrmoned xa+eeatth mxder the function at or muized reaeaz ;h. o. Ot)ho m -s rta rc!; :!ms mean;: tvo( carne hnd li'-ivcis financed by Fed:mal and nun.. Fedora: ar. :vxkeko and cr`au"- Iiew which la.. vulva t:he per orniance of work ether than in- atructian and erganlzed roar -trch, Exainrles , If aucl, prugra— and Wt are, 'health :inry =ice proje and coumiunirc snrvior, pre rranv:. flowavar, when ray of them activities 4r9 tiv4vvt.Iko. by the institution without outride Hupport, they may be classified ae other to titutl rnI aq ivytie. ,I t) Jar ir.e r :nr +sa [mina 711 ac twines f an i txritotlr n oxoepl for inetruc- tian c tart! ntal t -our b. orjnui �d rc sear t: and other 611,na01ad ar.tl-lt , are do- fmcd in thiv eedth m_ rndireO (F &Fir r: rat no tl^Itic -r, sdeurified in this Appendix para- gmph :F, idcntification and assignment of in- direct, F&A1 coete; sad specialized servleae t:.r1!ltfre d.+s FR—I in d2(M?. -0GII 71rru °w,i&at .arvice fa;liitfe? of Ulr.: Fait. SstmpLro, o f other mstltutionnl acts itiea in lul oprr tr n of ndir3 a e hall.4 3iniug halls b and ciinn.d student twkrna, nt r nl n:flat atbi rig broketrross taculty homing, student spa ern sir. g,neet houeen. cbapols, rhea. stir, pnblir rrwr .uua, and other 202 n s' �a r r r ■ tf t t, M A Attachment J DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees /Recipients or Sub - Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA /State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women's owned firms were all given fair consideration. 4. Improper " cost - plus -a- percentage -of- cost" contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG -16 -109 -D dated July 1, 2016. The following may be reasons for the disallowance or total de- obligation of funding given under the FEMA /State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.) that can be readily retrieved. 65 • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the "Scope of Work." I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues. Monroe County 03/05/2018 Sub - Recipient Agency Date .. Signature Tina Boan, Sr. Director Budget & Finance Printed Name & Title :. Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORYILINE ITEMS (list applicable line items) 20 -20 Anticipated Expenditures for First Three Months of Agreement Example: PW#00001(0) Contract Work $1,500,000.00 (provide detailed justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance). C" I? " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 02/05/2018 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 erldorsemerlt(s).. PRODUCER CONTACT Collinsworth Ins & Risk Mgmt Services In NAM Er:,•, °•••_ °_•. Erin E C ollinsw orth PHONE _... P.O. Box 661628 IAIC,No.EXW (786) 930-4 1 FAX IArC Norr {766) 930 -4794 Miami Springs FL 33266 .... _ erinn ®collinsworthinsurace..com G.COVERAGE 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 INSU RERA: Th e Phoe Insura Company — _.. _. _. .. - - ._ ..... .. ........... -- — ._...._.. _, _.... ...- ._.... I �� � ... w. __.e•,...M.., . AI7Ll1�T��.� POLNCYEFF POLICY>•mXP LIMITS TYPE OF INSURANCE POLICY NUMBER _ MMIDDtYYYY MMIDDJYYYY. 25623 INSURED (305) 296 -1347w Bender & Associates Architects, P.A. EACH OCCURRENCE INSURER B: T ravelers In Co of CT - -.- ., —.... _ _. ... 25682 _._.... a INSURERC: T ravelers Ca & S urety Co 19038 410 Angela Street IN SURE R D:Trav el e rs — Ind Co . _ z ..._- 25655 Key West FL 33040 ,02/10/2618)02/10 INSURERE:RLI Insura Co. __ ._ 13056 � INSURER F: _ AP V RISK (4Ax'tl COVERAGES CFRTIFICATF All IMIRFR• cArt Tn 21 nn DCtAQ1nh1 4111nn00o. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MA Y HAVE B EEN REDUCED BY PAID CLAIMS. — _.. _. _. .. - - ._ ..... .. ........... -- — ._...._.. _, _.... ...- ._.... I �� � ... w. __.e•,...M.., . AI7Ll1�T��.� POLNCYEFF POLICY>•mXP LIMITS TYPE OF INSURANCE POLICY NUMBER _ MMIDDtYYYY MMIDDJYYYY. A X LIABILITY COMMERCIAL GENERALAAG'OffED EACH OCCURRENCE $ 1 ,000,000 �$ CLAIMS -MADE (X 1 OCCUR Y 660 - 8178X318 ., � ,02/10/2618)02/10 /2019 F 300,000 � AP V RISK (4Ax'tl MED EXP Ar one p _ r) $ 0,000 ........_.� ------------ . . -._ .... - - -- BY . PERS ON A L INJURY P ERSONA L &ADVINJUR 5� 1 000 GEN'LAGGREGATE LIMIT APPLIES PER ❑ - , - -- G ENERA L AGGREGATE ..._.. ..._ ... S 2,000,000 000 ._..... ... _. �,... .: POLICY . X . ECT LOC € IPt -` f� �_ - PRODUCTS COMP / AGG ... 2, 5 0 00 OTHER .. . .. -. . •..w $ AUTOMOBILE LIABILITY COMBINED SINGLE I.] IT Ea arciSe C $ 1,000 000 B X ANY AUTO Y BA - 8179X155 02/10/2018 02/10/2019 "DOILY INJURY (Per person) $ OWNED SCHEDULED @@ ro_ - PROPERTY ...M AUTOS ONLY AUTOS BODILY INJURY Per accident ( )— $ X - HIRED C NON -OWNED X DAMAGE AUTOS ONLY AUTOS ONLY , $ D X UMBRELLA LIAB X CUP- 4X489840 .02/10/2018 02/10/2019 E ACHOCCURRENCE $ 2,000 000 EXCESS LIAB CLAIMS AGGREGATE $ 2,.— 2, 000 ,000 OFD X I RETENTION$ 10,0001 _ $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY UB- OK19775 02/10/2018 X S PI ER I YIN 02/10/2019` _ A 'ROP'It3ETORIP•A},TNERXZCUTIV2; F' ®CERdMkM6EREJCS;i..tlDCfi77 OF (Mandatury NIA f E.L EACH ACCIDENT — ...w.r.... --- 5 500 000 n_.. — in NH) e5, d65CPrh�G under E1 DISEASE EAEMPLOYEL $ 50 0 000 ... D SCRIPIIONOFOPERATIONSbelow _. _. EL DISEASE POLICY LIMIT 1S 500,000 _ • Errors and Omissions RDP0027805 02/10/2018 02/10/20198ach occurrence $ 2,000,000 • Errors and Omissions I I RDP0027805 02/10/2018 02/10 /2019 I Aggregate S 2,000,000 U11— I Ivry- I I— I IUN0 VCHIl.LC5 (AUURU 7 Ul, Additional Remarks Schedule, may be attached If more space is required) If required by written contract, Monroe County Board of County Commissioners is an additional insured, excluding professional services, on the General & Auto Liability. CERTIFICATE HOLDER Monroe County Board of County Commissioners Attn: Project Manager 1100 Simonton St., Room 2216 Key West FL 33040 CANCELLA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f � . © 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 1 of 1 FIRST AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This First Amendment ( "Amendment ") made and entered into this 18 day of January 2017, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "County ", through the Monroe County Board of County Commissioners (`BOCC "), AND Bender & Associates Architects, P.A., whose address is 410 Angela Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ", WITNESSETH: WHEREAS, on the 21 day of January 2015, the parties entered into a Consultant Agreement for Professional Architectural and Engineering Services pursuant to Florida Statute Sec. 287.055 (2) (g) to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00); and WHEREAS, County desires to revise language in its contracts and /or agreements for Public Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to § 119.0701 which became effective March 8, 2016, and any subsequent changes thereto; and WHEREAS, Consultant agrees and consents to such revisions in its Agreement dated January 21, 2015, to ensure Public Records compliance; and WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the revised language for Public Records compliance; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1) Article 9.22, PUBLIC ACCESS, of the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015, shall be revised as follows with the aforementioned Consultant referred to herein also as "Contractor" for this provision only: 1 Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) 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 2 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 BRA BRIAN @MONROECOUNTY- FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street SUITE 408 KEY EST FL 33040. 2) All other terms and conditions of this Amendment shall remain in accordance with the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015. EOF, each party has caused this Agreement to be executed by its duly ve on the day and year first above written. BOARD OF COUNTY COMMISSIONERS )K, Clerk OF MONROE COUNTY, FLORIDA B �� . y z� Deputy Clerk Date. (SEAL) Attest: CONSULTANT: BENDER & ASSOCIATES ARCHITECTS, P.A. ol 4 6 e� ��Ufi GSiVT Clerk of the Circuit Court & Comptroller = Monroe County, Florida DATE: May 11, 2018 TO: Ann Mytnik, Sr. Contracts Administrator Project Management Tammy Sweeting Executive Assistant FROM: Pamela G. Hancock, D.C. SUBJECT: April 19 BOCC Meeting Attached is an electronic copy of the amendments listed below for your handling. C13 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bender & Associates Architects, P.A. C14 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Amec Foster Wheeler Environment & Infrastructure, Inc. C16 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Currie Sowards Aguila Architects, Inc. C15 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bermello, Ajamil & Partners, Inc. C17 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with William P. Horn, Architect, P.A C26 First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Perez Engineering and Development, Inc. C27 First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Thompson Youngross Engineering Consultants, LLC, Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305 - 294 -4641 305- 289 -6027 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plan ion KPv Flo 305- Packet Pg. 1498 Y ' , J SECOND AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This Second Amendment ( "Amendment ") made and entered into this 19 day of April 2018, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "County ", through the Monroe County Board of County Commissioners (`BOCC "), FEW Bender & Associates Architects, P.A., whose address is 410 Angela Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ", WITNESSETH: WHEREAS, on the 21 day of January 2015, the parties entered into a Consultant Agreement for Professional Architectural and Engineering Services ( "Agreement "), pursuant to Florida Statute Sec. 287.055 (2) (g) to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00); and WHEREAS, on the 18 day of January 2017, the First Amendment to the Agreement was approved revising Public Records compliance language in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to §119.0701, which became effective March 8, 2016, and any subsequent changes thereto; and WHEREAS, County desires to add required Federal Contract Provisions to its contracts and /or agreements; and WHEREAS, County desires to include an article in the Agreement establishing a timeline for performance and cost estimating requirements; and WHEREAS, Consultant agrees and consents to such revisions in its Agreement to ensure Federal Required Contract Provision requirements and a timeline for performance and cost estimating requirements; and 1 WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the Federal Required Contract Provisions and the timeline for performance and cost estimating requirements; and NOW; THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Article IX, Paragraph 9.5 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to herein as "Contractor" for the Federal Required provisions: 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) 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 2 to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2 -721 et al. of the Monroe County Code. 1 2. Article IX, Paragraph 9.18 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY A. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination of 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; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. 3 Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix Il, ¶ C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation; gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 21 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3. Article IX, Paragraph 9.30 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts, including but not limited to 2 C.F.R. §200.321. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible 5 Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 4. The Agreement is hereby amended to include the following identified as Article 1X, Paragraphs 9.31, 9.32, and 9.33, Federal Contract Requirements, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its sub - contractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 9.31.1 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). 9.31.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148) When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must T be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. 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. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.31.3 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 7 requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.31.4 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. 9.31.5 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). 9.31.6 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. 9.31.7 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. F3 9.31.8 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 -cpg- program. 9.31.9 Americans with Disabilities Act of 1990 (ADA), as amended The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract 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. 9.31.11 Fraud and False or Fraudulent or Related Acts The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 9.31.12 Access to Records The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 9 (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. 9.31.13 Federal Government not a party to contract CONTRACTOR acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.14 Department of Homeland Security (DHS) Seal, Logo, and Flags The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. 9.31.15 Compliance with Federal Law, Regulations, and Executive Order This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.32 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). 9.33 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. 5. The Agreement is hereby amended to include the following identified as Article IX, Paragraph 9.34, Time for Performance /Baseline Schedule /Cost Estimates: 9.34 TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 10 9.34.1 SCHEDULING REQUIREMENTS 1. Baseline Schedule 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and /or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress 11 the project in accordance with the milestone dates established in the Baseline Schedule. Such action on the part of the CONSULTANT shall be considered non- performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 3. Project Development Process 3.1 Preconstruction activities should at a minimum include the following elements as applicable. PROJECT DEVELOPMENT PROCESS Task Name Milestone Date Comments Contracting Phase Issue Notice to Proceed Programming and Design Phase Submit Final BOD and OPR BOCC Approval of Programming Document Conduct Site Plan Meeting Submit Site Plan for Approval Receive Site Plan Approval Approved Schematic Design Documents Approved Design Development Documents (30 %) Approved 60% Construction Documents Approved 90% Construction Documents Approved 100% Construction Documents Bid and Permit Phase Approved Building Permits Posting of Notice of Request for Competitive Solicitation Conduct Pre -Bid Meeting Bid Opening BOCC Approval of Construction Contract Issue Notice to Proceed to Construction Contractor Construction Phase Conduct Pre - Construction Meeting Obtain Substantial Completion Obtain Final Completion Process Final Closeout Documents 12 3.2 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. ~ Ef C e 9.34.2 COST ESTIMATING REQUIREMENTS 1.1 Baseline Cost Estimates on . ;:0 z� rn 1.1.1 Following the Notice to Proceed for this Contract, the CONS aANT=aill o.. review the existing project cost estimate for the project and sq nit a wr en c confirmation and /or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 6. All other terms and conditions of the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015, and as amended on January 18, 2017, shall remain in full force and effect. IN- WTTNESlS WHEREOF, each party has caused this Amendment to be executed by its duly orized'-,esentative on the day and year first above written. 1 .1 BOARD OF COUNTY COMMISSIONERS Attest - '`KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: v ` By: Deputy Clerk Ma or /Chairman 13 MONROE COUNTY ATTORNEY'S OFFICE U u. P� -- ASTM F R PATRI�CIAEABLES ASSISTANT COUNTY ATTC NEY DATE: — 1 Packet Pg. 1511 Date: �''/>�� g • � (SEAL) Attest: Witnesses to Consultant: I 1:5�7w"t Print Name date Title: fG(vr� i r► �s�.r2 f �UYI i1 �S Li 13 f ( Print Name baie Title: amK.K2fp�gr Date: CONSULTANT: BENDER & ASSOCIATES ARCHITECTS, P.A By: PAytD J . SALAY YL510' Print Name Date Title: mfu V P 14 1 Act CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 02/05/2018 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(los) 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 CONTACT Collinsworth Ina & Risk Mgmt Services In NAME: Erinn E Collinsworth P.O. Box 661628 PHONE 19LC •No.Eatl (786) 930 -4795 acNo:(786) 930 -4794 E�h9AI Miami Springs FL 33266 A_jN ESS: erinn ®collinsworthinaurance.com INSURER (S) AFFORDING COVERAGE NAIC 0 INSURER A: The Phoenix Insurance Company 25623 INSURED (305) 296 -1347 Bender &Associates Architects, P.A. INSURERS: Travelers Ind CO Of CT 25682 INSURERC:Travelers Cas & Surety Cc 19038 410 Angela Street INSURER D: Travelers Ind. Co. 25658 Key West FL 33040 INSURER E:RLI Insurance Co. 13056 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT TYPE OF INSURANCE ADDL ST1BR POLICY POLICY EFF MM/DDIYYYY POLICY E %P MMmDDIYW LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1 X I OCCUR OCCUR Y 660- 8178X316 02/10/2018 02/10/2019 EACH OCCURRENCE $ 1 15 S 300,000 MED EXP (An one person) $ 5,000 AF V RISK NAC3EMEN PERSONAL SADVINJURY 5 1 BY AGGREGATE LIMIT APPLIES PER: POLICY a PRO- T L-1 LOG GENERAL AGGREGATE S 2.000,000 GENT DATE PRODUCTS - CO /OP AGG S 2,000,000_ OTHER: $ B AUTOMOBILE X LIABILITY ANY AUTO Y 8A- 8179X155 ...— 02/10/201802/10 /2019 Ea aBBINdEeDSINGLE LIMIT $ 11000,000 BODILY INJURY (Per person) $ _ OWNED SCHEDULED AUTOS ONLY AUTOS BOD I (Per accident) S X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident S S D X UMBRELLA LIAB X OCCUR CUP- 4X489840 02/10/2018 02/10/2019 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 2,00_ DIED i X I RETENTIONS 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNERIEXECUTIVE OFF(GERMEMBEREXCLUDED7 ❑N NIA UB- OK19775 02/10/2018 02/10/2019 X STATUTE ER E. L. EACH ACCIDENT S 500,000 E.L. DISEASE - EA EMPLOYEE S 500,000 (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below E_L.DISEASE - POLICYUMIT S 5001000 E Errors and Omissions RDP0027805 02/10/2018 02/10/2019 Each occurrence S 2,000,000 E Errors and Omissions RDP0027803 02/10/2018 02 /10 /2019Aggregate S 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additlonal Remarks Schedule, may be attached If more apace Is required) If required by written contract, Monroe County Board of County Commissioners is an additional insured, excluding professional services, on the General & Auto Liability. _M1.4, Monroe County Board of County Commissioners Attn: Project Manager 1100 Simonton St., Room 2216 Key West FL 33040 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ll W U 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 1 of 1 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This Agreement ( "Agreement ") made and entered into this 21 day of January 2015, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), umb Bender & Associates Architects, P , r A. whose address is 410 Angela Street, Key West, FL 33040 its successors and assigns, hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional architectural and engineering services of CONSULTANT pursuant to Florida Statute 287.055(2) (g) for various County Projects located in Monroe County, Florida; and WHEREAS, the employment of the professional architect serves the appropriate public purpose of providing professional architectural services to Monroe County; and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period; and WHEREAS, Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders; and WHEREAS, Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order; and WHEREAS, The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 1.1.8 In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the CONSULTANT. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in this Agreement and the specific Task Order. Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and on site inspections during construction, process shop drawings, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentations to the County Commission. All projects shall have construction costs, which do not exceed Two Million Dollars($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars($200,000.00). 2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The CONSULTANT shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The CONSULTANT shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25 %, 50% and 75% of the Schematic Design Phase, the CONSULTANT shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. 2.2.6 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County's Project Management Department's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to CONSULTANT continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service after the Owner's written approval. The CONSULTANT shall perform the following design phase tasks: a. Structural Design /Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. C. Electrical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of 4 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on -site utility systems, off -site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 2.4 DESIGN DEVELOPMENT /DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the CONSULTANT shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural /engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and CONSULTANT, the CONSULTANT shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to CONSULTANT continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the CONSULTANT must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed b. Structural grid or system C. Major mechanical /electrical systems determined and their requirements reflected and indicated on plans d. Indicate buildings core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated f. Floor, slab, and level elevations PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT g. Typical door types h. Typical partition types i. Built -in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner ") j. Larger scale (e.g., %"). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full- height facades including roof structures b. All fenestration C. Overall vertical building and floor heights d. Indicate cross - reference points with sections e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment g. System impact (precast concrete, stone, panel systems, metal /glass curtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., W). Dominate full- height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment b. Typical wall construction C. Back -up structure, abutting floor systems d. Window location and insulation methods e. Flashing, masonry coursings f. Mechanical penetrations impact (furring, etc.) g. Parapet design 2.5.4 Details - Large scale (1 -1/2 ", 3 ") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb /head, plan section b. Hollow metal (typical only; keyed to plans and schedules) C. Frame types (typical only; for compatibility and profile) d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Built -in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross - referenced to, floor and reflected ceiling plans. Indicate: a, Breaks Il PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT b. Level changes C. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts b. Soffits, coves, furrings C. Skylight locations d. Ceiling materials e. Acoustic treatments f. Heating and ventilating register, diffuser locations g. Sprinklers h. Access panels 2.5.7 Schedules - Schedules to be non - repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes b. Doors and frames C. Preliminary hardware d. Windows /glazing 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural /engineering drawings b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other d. Non - typical framing scheme where required: lobby, floors at grade, and other e. All column points established f. Final column schedule g. Preliminary details and sections to adequately indicate structural system h. Preliminary details of major unique conditions that impact on scheme (as determined by the CONSULTANT) i. Details indicating accommodation with mechanical /electrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical /Electrical Design Development Set PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT a. Typical floor plans. Systems representation in diagrammatic (non - detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector /fan coil locations, etc. b. Required punctures: wall, slab, and beam C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler /heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air - conditioning and air - handling equipment, packaged units, etc. d, Locations of major roof -air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the CONSULTANT) f. Data to be developed in conjunction and in coordination with the project team: 1, Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating /cooling units, and cabinets. 1 Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan -- building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical /electrical for utility entry points e. Indicate areaways, vaults, access to sub -grade spaces f. Preliminary site and exterior building lighting scheme with identification of fixture types g. Parking area defined with preliminary plotting h. Indication of paths, stairs, ramps, berms, terraces, etc. i. Plant materials (indication and preliminary schedule) j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others k. Design development specifications I. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. 9 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe County's Project Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and the Monroe County's Project Management Department's review. 2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall provide Construction Documents for the Owner's and Monroe County's Project Management Department's approval. Once approved the CONSULTANT shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format delivered on a downloadable CD /DVD. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The CONSULTANT shall assist the Owner and Monroe County's Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the CONSULTANT will conform the construction documents in such manner to receive permits upon such plans. Work required from the CONSULTANT to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The CONSULTANT, following the Owner's approval of the Construction Documents and the CONSULTANT's latest estimate of Construction Cost, shall assist the Monroe County's Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The CONSULTANT shall assist the Monroe County's Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The CONSULTANT shall assist Monroe County's Project PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT Management Department with any specific questions from bidders by responding directly to Project Management on questions. CONSULTANT shall not respond directly to bidders. The County is responsible for issuing all addenda. 2.7.3 The CONSULTANT shall, on behalf of the Owner, file all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The CONSULTANT's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close -out documents by the CONSULTANT and Contractor. The CONSULTANT will administer the Owner /Contractor contract as provided for in that document. The CONSULTANT agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The CONSULTANT shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The CONSULTANT shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the CONSULTANT or Monroe County's Project Management Department. 2.8.4 Upon receipt, the CONSULTANT shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the CONSULTANT may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the CONSULTANT to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the CONSULTANT shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The CONSULTANT shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 2.8.5 The CONSULTANT shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the CONSULTANT shall protect the Owner from continuing deficient or defective work, from 10 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the CONSULTANT shall submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. 2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the CONSULTANT reliably informs the Owner that the CONSULTANT has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The CONSULTANT shall have authority, after notification to the Monroe County's Project Management Department to reject Work, which does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable for implementation of the intent of the Contract Documents the CONSULTANT will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The CONSULTANT shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while allowing sufficient time in the CONSULTANT's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, ail of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The CONSULTANT's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences, or procedures. The CONSULTANT's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the CONSULTANT shall be entitled to rely upon such certification 11 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. CONSULTANT shall take appropriate action on submittals within 14 calendar days. The CONSULTANT shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. 2.8.10 The CONSULTANT shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County's Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. CONSULTANT to take appropriate action within 7 calendar days. 2.8.11 The CONSULTANT shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.12 The CONSULTANT shall require inspection or re- inspection and testing or retesting of the work, to include architectural /engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The CONSULTANT, assisted by the Monroe County's Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The CONSULTANT shall submit to the Owner a list comprised of incomplete and /or unacceptable items required by the Contract Documents to include architectural /engineering, structural, mechanical, and electrical engineering portions of the work. The CONSULTANT shall forward to the Monroe County's Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The CONSULTANT shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The CONSULTANT shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The CONSULTANT's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the CONSULTANTs shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The CONSULTANT shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not be restricted, modified or extended without written agreement of the Owner and CONSULTANT. 2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period 12 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.20 The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The CONSULTANT shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The CONSULTANT shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The CONSULTANT shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the CONSULTANT shall make available to the Owner any personnel or consultants employed or retained by the CONSULTANT for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the CONSULTANT, unless otherwise prevented by counsel of the CONSULTANT and which time it would be subject to subpoena. For other claims against the Owner, the CONSULTANT will do this under an expert witness with compensation. 2.8.22 The CONSULTANT shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.8.23 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its consultants, or both. 2.8.24 The CONSULTANT must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the CONSULTANT, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 13 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 3.3 The following services are considered Additional Services and not included in Basic Services: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the COUNTY. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work, so long as the requested documents are in the possession of the County. 4.7 Information requested by the CONSULTANT that may be of assistance to the CONSULTANT and that the COUNTY has immediate access to will be provided as requested. 14 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME Bert Bender David Sala FUNCTION K 0114 1* wo' " ■ ®� ► . 15 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VIL COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A, or as an agreed upon lump sum fee, which will be defined in each specific Task Order. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought and the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses are not allowed as part of this contract. 7.4 ADDITIONAL SERVICES 7.4.1 Any Additional Services shall be negotiated and agreed to with each individual Task Order. 16 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 7.5.1 BUDGET 7,5,1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.5.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.5.3 If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Agreement or in the separate Task Orders for individual projects, the Agreement may be terminated immediately at the option of the COUNTY by written notice of termination delivered to the CONSULTANT. The COUNTY shall not be obligated to pay for any services provided by the CONSULTANT after the CONSULTANT has received written notice of termination, unless otherwise required by law. 7.5.4 The COUNTY does not guarantee CONSULTANT any specific amount of work or Task Orders under this Agreement. The parties shall enter into a separate Task Order for each project awarded to the CONSULTANT by the COUNTY. The specific services to be performed under these separate Task Orders will be determined by the COUNTY and agreed to by the CONSULTANT. Each Task Order will contain specific scope of work, time schedule, charges, payment conditions, and additional terms and conditions applicable to that specific Task Order. ARTICLE _VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) calendar days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies; A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. 17 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,00 per Person, $500,000 per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Architects Errors and Omissions insurance of $500,000 per occurrence and $1,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS 18 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The Drawings, Specifications and other documents prepared by the CONSULTANT are instruments of the CONSULTANT'S service for use solely with respect to each individual Task Order and the CONSULTANT shall be deemed the author of documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the CONSULTANT'S Drawings, Specifications, and other documents shall not be used by the COUNTY or others on other projects except by agreement in writing and with appropriate compensation to the CONSULTANT. The COUNTY may utilize the construction documents, As -Built documents, etc., as required for reference on any necessary future work on the site, and for constructing, using and maintaining the project. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the Agreement through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the COUNTY and subject to audit for the purpose of verification. 19 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 9.6 CONTRACT DOCUMENTS This contract consists of any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments, if any, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT 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. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant 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 CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT 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 years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies 20 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 PUBLIC RECORDS "Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 9.10 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, COUNTY and CONSULTANT agree that venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.11 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 CONSULTANT 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. 9.12 ATTORNEY'S FEES AND COSTS 21 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT The COUNTY and CONSULTANT 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, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.14 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. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT 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. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT 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 no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. 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 provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 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 CONSULTANT 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 CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent 22 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY 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. 9.20 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. 9.21 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY 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 CONSULTANT agrees that the COUNTY 23 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 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. 9.22 PUBLIC ACCESS, The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.23 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT 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. 9.24 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. 9.25 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. 9.26 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 24 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY 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. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 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. 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.30 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 CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT 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. 25 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL), - Attest: AMY, HEAVILIN, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . By:_ By:_ Deputy Clerk Mayor /Chairman Date: . (Seal) Attest: CONSULTANT BENDER & ASSOCIATES ARCHITECTS, PA. By: Title: President END OF AGREEMENT tvIO .IROE COUNTY ATTORNEY 'Pir'lG V a D AS TO 5' `19 Ma is�ad l . �► 1�V ASSEL 0 S' S, 1SiT "ANT (BOUNTY ATTORNEY 26 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT ATTACHMENT "A" HOURLY RATES Principal @ $180 /hour Project Architect @ $140 /hour Intern @ $100 /hour Administrative Support @ $80 /hour 27 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE it Bend_ er & Associates Architects, P.A. " (Company) w a - I pill r • a"Ili i •' 1 s r._ w w w w• • C ounty w - ^9 - w ,w Re w - Agreement or purchase price or otherwise recover amount of w a percentage, gift, or consideration paid to the former County officer or emp! 11 ee". II� w D STATE OF Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on (date) by C t (name of affiant). Heffftis personally known to me 9cj gCpm as (type of identification) NOTARY PUBLIC My commission expires: 1 ��tou�r�s��sor � � .rs?a��•� 1 uga�r i rt�rr� `a,at ih„ is� a� r�,i s Arr Page 41 of 45 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES NON - COLLUSION AFFIDAVIT I, Bert Ei of the city of m Wiest c� according to law on my oath, and under penalty of perjury, depose and say that: am Preside of the firm of x the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal w ith full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and m ade with full knowledge that Monro County relies upon the truth of the statements contained in this affdavi award` n for said f (9 4 (11 espondent) Date) STATE OF: ffid COUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority Bert Bender who, after first being sworn by tie, (name of individual signing) affixed his /her signature in the space provided above on this day of 20L NOTARY PUBLIC JAINA D, KATLMI n 6-nion FF 91 My Commission Expires: ��, 5, 20 18 �WM.. PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Bender & Associates Architects, P.A. .(Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. NOTARY PUBLIC My Commission Expires: Fa# _ Da NCI D. 4CA'! Ui�i Commission i# FF 086691 Expifa:l Y dTnrtlaly 5 20 �•�,,,��'' �.�r.; °r� Pty rr�i� � ?�?d�1`1 Page 43 of 45 AC#708931 STATE OF FLORIDA. D PAR OF DS6N SS PRO I RE: GULATI03+T 8 OLD AR & RIOTt7ESrC;N SEO# L12121900717 RICK SCOTT GOVERNOR DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY 11 illip 71:1 11 a, CITY OF KEY WEST F LORIDA Bu siness Tax Recei This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key west, Florida 33040 (305) 809 -3955 Business Name BENDER & ASSOCIATES ARCHITECTS Ct1Nbr :000171112 Location Addr 410 ANGELA ST Lic NBR /Class 15- 00009562 SERVICE - PROFESSIONAL Issue Date: September 03, 2014 Expiration Date:September 30, 2015 License Fee $309.75 Add. Charges $0.00 Penalty $0.00 Date M; / 0 3 C, e ce: t Total $309.75 u'a 319y,i Date: 9 /l�silq �4 r,eceipt ���o: 1 05 Comments: AR PG15 9562 s do mus BENDER & ASSOCIATES ARCHITECTS 410 ANGELA ST KEY WEST FL 33040 prominentlytr lay s BENDER, BERT° iians date: ',W03 Ilir;e: 36 01 2014 / 2015 MOINROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2015 Business Name: BENDER & ASSOCIATES ARCHITECTS PA Owner Name: BERT BENDER Mailing Address: 410 ANGELA ST KEY WEST, FL 33040 Tax Amount I Transfer Fee ] ' Sub - To tal mm Penalty 30.00 0.001 30.00 STATE LICENSE: AR0011082 RECEIPT# 46110 -63601 Business Location: 410 ANGELA ST KEY WEST, FL 33040 Business Phone: 305 - 296 -1347 Business Type: PROFESSIONAL (ARCHITECT) Prior Years I Collection Cost ITotal Paid 0.00 1 0.00 1 0.001 30.00 Paid 115 -13- 00005426 08/29/2014 30.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. Altar, fr r A French. LLC re 8 Oivd FL 33016 15swWr & Anociataa Architects, P.A. 410 Anps(a B bist Key Weelf, FL 37040 Cam' T1410 IS TO CER17PY THAT THE POLIO I INDICATED. NOYMMSTANOW0 ANY fi CERTIFICATE MAY BE ISSUED DR MAY EXCLUSIONS AND CONDITIONS OF SUCH S OF - - 80111FAL LINNUeY UMkN LISTED BELOW HAS BEEN ISSUEO TO THE INSURED FO POLX.Y P EWCC ". TERM OR CONDITION OF ANY CONTRACT OR OTHOR DocumEw WITH RESPECT TO WHICH THR THE INSURANCE AFFOROW BY THE POLICIES DESCRIBED HEREIN 15 SUIUECTTOALLTHETERMS, LIMITS GHOVW MAY HAVE BEEN REDUCED BY PAID CLAIM& 2110=14 1 3110/3015 TiN 0,;.,. I -VIE, H 79XISS 3/1012014 2/10/2015 KULVINJURY lo) I eoolL= VIMMMY(Rt tech i),I t s -- 5 dAl Rra s B1BBll'f YIN P UO37447500 kR 1 NIA I f 21"1012014 1 211012015 211 W2014 r 211012015 1 W." I F 0 Prafesslanal Lfab RDP001.35I 211013014 211040`15 Each Claim 0 ClaI a' 0 MI* P0ti17000 2/10/2014 1 2/1012015 !AnnUal Apprepat. RIrnON o s t LDIaA fl i I Iftwh AOM lot, A400paj ram" an N ls frredi "role sional Liability RobvectWo Deta 0114Btt I Prot Ianel Liab CqductIble $15,000 Each Claim Won me County Board of County Commiselonom h an addltlmwl Insured an the Gonawl A Auto Llablllty ax, R eatvlcn. 741 Monroe County Board of Cou Commissionsm Aft, ProlwA Marwgqr I111014lrno ton 5L. Room 2216 Kay Weak PL 33040 „ _ - L A at ASV ct AN .F CI SHOULD ANY OF TH _ ABOVE DESCRIBED POLICItII BE CANCELLED VIEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, ACORID 25 (2010106) Th* ACCIRID name and logo are registaned marks of ACORD u r III � �''f � •"'!