Item D11C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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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.11
Agenda Item Summary #4682
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Steven Sanders (305) 295 -4338
NA
AGENDA ITEM WORDING: After the fact approval of a contract with Air Mechanical &
Service Corp. for emergency HVAC coil replacement on the first chiller and complete chiller
replacement on the second chiller at the Gato Building for damage sustained as a result of Hurricane
Irma. The contract is in the amount of $153,100 and funded from the Hurricane Irma budget.
ITEM BACKGROUND: The Gato Building experienced major problems to its HVAC chiller and
coil systems caused by Hurricane Irma conditions creating an emergency need for service repairs
and replacement. Air Mechanical & Service Corp. (Air Mechanical) was a sole source company for
this emergency scope of work and unique service requirements. The work cost $153,100. The
damaged HVAC system caused an immediate danger to the public health and office environment of
the many departments that operate in the Gato Building and a risk of interruption in the delivery of
essential governmental services that required immediate work. The work qualified as an emergency
need and was acquired in accordance with emergency purchase procedures pursuant to Purchasing
Policy Ch. 7 B. and MCC Sec. 2- 347(k)(1).
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
Air Mechanical Signed Contract Gato Chiller and Coil Repair
Monroe Co. COI
FINANCIAL IMPACT:
Effective Date: 09/19/18
Expiration Date:
Total Dollar Value of Contract: $153,100.00
Total Cost to County: N/A
Current Year Portion: $153,100.00
Budgeted: No
Source of Funds: 125 0459110
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Hurricane Irma
County Match: Possible 12.5%
Insurance Required: Yes
Additional Details:
Approval of Contract Amount $153,100 to be spent in FY2018 Hurricane Irma
09/19/18 125 - 0459110 -HURRICANE IRMA $153,100.00
REVIEWED BY:
Ann Mytnik
Completed
09/04/2018 7:27 AM
Cary Knight
Completed
09/04/2018 10:42 AM
Chris Ambrosio
Completed
09/04/2018 12:36 PM
Budget and Finance
Completed
09/04/2018 3:16 PM
Maria Slavik
Completed
09/04/2018 3:23 PM
Kathy Peters
Completed
09/04/2018 3:43 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
MON OE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR SERVICES
FOR
GATO BUILDING CARRIER CHILLER REPLACEMENT AND
DAIKIN COIL REPLACEMENT
NON - MANDATORY/ Pre -bid Job Walk for GATO BUILDING CARRIER CHILLER
REPLACEMENT AND DAIKIN COIL REPLACEMENT 1100 Simonton Street
Room -2 -216 Key West, Florida on 7/25/2018.
BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tern Sylvia Murphy, District 5
Danny Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
COUNTY ADMINISTRATOR
Roman Gastesi
Clerk of the Circuit Court Dir. of Project Management
Kevin Madok Cary Knight
July, 18 2018
PREPARED BY:
Monroe County Project Management Department
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Monroe County Engineering
Date: July 18, 2018
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
Scope of Work Repairs to the damaged AC Carrier Chiller and replacement of
Daikin chiller coils at the Monroe County Gato Administration
Building.
1. GATO CHILLER REPLACEMENT AND DAIKIN COIL REPLACEMENT
1100 Simonton St., Room 2 -216
Key West, FL 33043
Scope of work: Carrier Chiller Replacement 1.
• Remove and dispose of existing Carrier chiller.
• Provide and install One (1) new Daikin air cooled chiller,
to include coil coating, cabinet coating, Five (5) year all
parts warranty.
• Reconnect to existing electrical power wiring, modified as
necessary to accommodate the new chiller.
• Reconnect to existing control wiring.
• Reconnect to existing water piping and modify as
necessary to accommodate new chiller.
• Add piping hookups for temporary chiller connections.
• Modify existing support structure as necessary to support
new chiller.
• Provide crane service for equipment removal and
installation.
• All work to be performed during weekend working hours.
• Provide all necessary materials and labor for a turn -key
project.
• All work must be performed during the weekend days.
Scope of work: Daikin Chiller Coils Replacement 2.
• Recover and save existing refrigerant from all circuits.
• Remove and dispose of existing condenser coils.
• Provide and install Six (6) new condenser coils.
• Provide Crane Service during the weekend hours.
• Evacuate system down to 500 microns.
• Leak check system with nitrogen gas.
• Install new refrigerant driers.
• Provide and install all new 410A refrigerant gas as
required.
• Provide all necessary materials and labor for turn -key
project.
• All work must be performed during weekend days.
REQUEST FOR SERVICES Page 2 of 95
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
Job Name: GATO CHILLER REPLACEMENT AND DAIKIN COIL
REPLACEMENT
Contact: Project Management
Steven Sanders
sanders- steven @monroecounty - fl.gov
(305) 295 -4338
Facilities Management
Willie DeSantis
desantis-william@monroecountv-fl.gov
PROJECT OVERVIEW
PROJECT INTENT AND SCOPE
GENERAL REQUIREMENTS
Project Overview
A) GATO CHILLER REPLACEMENT AND DAIKIN COIL REPLACEMENT
B) A job walk is scheduled for July, 25 2018, at 11:00 A.M. at the Gato
Building 1100 Simonton St., room 2 -216 Key West, FL 33040. All Quotes
are due by July 31, 2018, 3:OOPM via email to sanders -
steven @monroecounty - fl.gov or hand delivery at 1100 Simonton Street,
Room 2 -216, Key West, Florida 33040. All Quotes must state they will be
honored for 120 calendar days from submittal due date.
2 Project Intent and Scope
A) Repairs to the Two (2) chillers on the Gato Building roof that were
damaged by Hurricane IRMA.
3 Summary of General Requirements
A) Contractor is required to provide protection for all existing surfaces. To
include, but not limited to:
• Landscaping
• Trees
• Vehicles
• Asphalt
• Building
B) The Contractor shall ensure that all non - exempt employees for this effort
are compensated in accordance with all State and Local Laws.
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
C) Provide a dumpster, containment bin, or similar device for the collection
and containment of construction generated debris.
D) Load, haul, and properly dispose of all construction debris.
E) Provide and maintain appropriate (OSHA required) construction warning
signs and barriers.
F) Furnish all required work site safety equipment.
G) Construction work times shall be limited to:
WEEKEND DAYS ONLY.
H) All materials shall be approved by submittal prior to commencement of
work.
1) The provided pictures and measurements may be used for estimating
purposes. Contractor shall be responsible for any errors or omissions
in measurements or pictures provided.
J) Contractor shall provide a lump sum price by July 31, 2018, at 3:00 P.M
via email or hand delivery as noted herein.
K) Contractor needs to be aware of weather and location and plan
accordingly.
L) Contractor shall provide safety lift plan for all crane /hoist work.
M) Contractor to provide schedule for all phases of the project.
N) Contractor to coordinate all activities with concurrent site work being
performed.
O) By signing this agreement, the Undersigned has read and accepts the
terms and conditions set forth by the Monroe County General
Requirements for Construction, found at the following link on the Monroe
County web page:
littp 8
P) Insurance Requirements:
Workers Comp Employers Liability $500,000/$500,000 /$500,000
REQUEST FOR SERVICES Page 4 of 95
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General Liability
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
Bodily Injury by Accident/Bodily
Injury by Disease, policy limits /Bodily
Injury by Disease each employee
$500,000 Combined Single Limit
Vehicle $200,000 per Person:
$300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Builders Risk Not - required
Construction Bond Not - required
Q) The Contractor shall be required to secure and pay for all permits required
to perform the work.
R) The Contractor is required to have all current licenses necessary to
perform the work.
S) Indemnification, Hold Harmless and Defense. Notwithstanding any
minimum insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the County and the County's
elected and appointed officers and employees harmless from and against
(i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason
of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this
Agreement, (B) the negligence or recklessness, intentional wrongful
misconduct, errors or other wrongful act or omission of Contractor or any
of its employees, agents, sub - contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes
under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise
from the intentional or sole negligent acts or omissions of the County or
any of its employees, agents, contractors or invitees (other than
Contractor). The monetary limitation of liability under this contract shall be
not less than $1 million per occurrence pursuant to Section 725.06, Florida
Statutes. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of
others) is delayed or suspended as a result of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of
any deficiency or ambiguity in the plans and specifications provided by the
Contractor, the Contractor agrees and warrants that the Contractor shall
hold the County harmless and shall indemnify it from all losses occurring
thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for
the indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this Agreement.
T) NON - COLLUSION. By signing this proposal, the undersigned swears,
according to law on his /her oath, and under penalty of perjury, that their
firm executes this proposal with prices 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. Unless otherwise required by law, the
prices which have been quoted in this proposal have not been knowingly
disclosed by the proposer and will not knowingly be disclosed by the
proposer prior to proposal opening, directly or indirectly, to any other
proposer or to any competitor. No attempt has been made or will be made
by the proposer to induce any other person, partnership or corporation to
submit, or not to submit a proposal for the purpose of restricting
competition. The statements contained in this paragraph are true and
correct, and made with the full knowledge that Monroe County relies upon
the truth of the statements contained in this paragraph in awarding
contracts for this project.
U) ETHICS CLAUSE. By signing this proposal, the undersigned warrants that
he /she /it has not employed, retained or otherwise had act on his /hers /its
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. 010 -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,
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
commission, percentage, gift, or consideration paid to the former County
officer or employee.
V) DRUG -FREE WORKPLACE. By signing this proposal, the undersigned
certifies that the Contractor complies fully with, and in accordance with
Florida Statute, Section 287.087, the requirements as follows:
1) They will publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace and specify 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 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.
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
PROPOSAL TO: Monroe County Project Management
1100 Simonton St., Room 2 -216
Key West, FL 33040
PROPOSAL FROM: AIR MEHANICAL & SERVICE CORP
2700 Avenue of t e Americas
Englew000d, Florida 34224
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for
the construction of:
GATO CHILLER REPLACEMENT AND DAIKIN COIL REPLACEMENT
and having carefully examined the site where the Work is to be performed, having
become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself /herself with material availability, Federal, State, and
Local laws, ordinances, rules and regulations affecting performance of the Work,
does hereby propose to furnish all labor, mechanics, superintendents, tools,
material, equipment, transportation services, and all incidentals necessary to
perform and complete said Work and work incidental hereto, in a workman -like
manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he /she has personally inspected the actual
location of where the Work is to be performed, together with the local sources of
supply and that he /she understands the conditions under which the Work is to be
performed. The proposer shall assume the risk of any and all costs and delays
arising from the existence of any subsurface or other latent physical condition which
could be reasonably anticipated by reference to documentary information provided
and made available, and from inspection and examination of the site.
The undersigned agrees to commence performance of this Project within ten (10)
calendar days after the date of issuance to the undersigned by Owner of the
Purchase Order. Once commenced, undersigned shall diligently continue
performance until completion of the Project. The undersigned shall accomplish
Substantial Completion of the Project within NINTEY (90) calendar days. The
undersigned shall accomplish Final Completion of the Project within Thirty (30)
calendar days thereafter.
REQUEST FOR SERVICES Page 8 of 96
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
The Base Proposal shall be furnished below in words and numbers. If there is
an inconsistency between the two the Proposal in words shall control.
One Hundred Twenty -Two Thousand Seven Hundred Dollars and Zero Cents
Dollars
(Total Base Proposal- words Carrier Chiller Replacement)
$ 122,700.00 Dollars
(Total Base Proposal — numbers Carrier Chiller Replacement)
Thirty Thousand Four Hundred Dollars and Zero Cents
Dollars
(Total Base Proposal- words Dakin U'FWReplacement) Coils
30,400.00
Dollars
(Total Base Proposal numbers Dakin i'Replacement) Coils
In addition, Proposer states that he /she has included a certified copy of Contractor's
License, Monroe County Occupational License and Certificate of Liability showing the
minimum insurance requirements for this project.
Execution by the Contractor must be by a person with authority to bind the entity. IN
WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives, as follows:
(SEAL)
Attest: Kevin Madok, Clerk
By:
Deputy Clerk
Date
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairman
f`.f1 T9 2ArT"C' PIP tl1♦ti4.®mmroE Aga +. (+r%K roer►rno. Air . Mechanical & Service Corp
Signature :_. . � —, : TD
Print Dania: Christina Rowland
Date: August 13, 2018
REQUEST FOR SERVICES Page 9 of 95
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
FEDERAL REQUIRED CONTRACT PROVISIONS
The CONTRACTOR and its subcontractors must follow the provisions set forth in 2
C.F.R. §200.326 and 2 C.F.R. Part 200, App. II to Part 200, as amended, including
but not limited to:
1) Nondiscrimination /E ual Em to meat Opportunity.
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of
the court order. CONTRACTOR agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and
1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive
Order 11246 Relating to Equal Employment Opportunity, and implementing
regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200,
Appendix II, ¶ 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
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
treated during employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all
solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin. (3) The CONTRACTOR will not discharge or in any other
manner discriminate against any employee or applicant for employment because
such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee, who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions, discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the CONTRACTOR's
legal duty to furnish information. (4) The CONTRACTOR will send to each labor
union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or workers' representative of the
contractor's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment. (5) The CONTRACTOR will comply with
all provisions of Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor. (6) The CONTRACTOR
will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders. (7) In
the event of the CONTRACTOR's non - compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this contract
may be canceled, terminated, or suspended in whole or in part and the
CONTRACTOR may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided
in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
II) 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).
III) Davis -Bacon Act as amended 40 U.S.C.. 3141 -3148L When required by
Federal program legislation, which includes emergency Management Preparedness
Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant program, Port Security Grant Program
and Transit Security Grant Program, all prime construction contracts in excess of
$2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40
U.S.C. 31413144, and 3146 -3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction "). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by
the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week. If applicable, the COUNTY must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation
(attached hereto as Exhibit A). The decision to award a contract or subcontract must
be conditioned upon the acceptance of the wage determination. The COUNTY must
report all suspected or reported violations to the Federal awarding agency. When
required by Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit
Security Grant Program, Tribal Homeland Security Grant Program, Port Security
Grant Program and Transit Security Grant Program (it does not apply to other FEMA
grant and cooperative agreement programs, including the Public Assistance
Program, the contractors must also comply with the Copeland "Anti- Kickback" Act
(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States "). As required by the
Act, each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The COUNTY
must report all suspected or reported violations to the Federal awarding agency. 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.
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1100 Simonton Street, 2 -216
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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.
IV) Contract Work Flours and S Standards , Act 40 U.S.C. 3701- 3708).
Where applicable, which includes all FEMA grant and cooperative agreement
programs, all contracts awarded by the COUNTY in excess of $100,000 that involve
the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must compute the wages of every
mechanic and laborer on the basis of a standard work week of forty (40) hours. Work
in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of forty (40) hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
V) Ri hts to Inventions Made Under a Contract or Ag reement. If the Federal
award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
VI) Clean Air Act J42 U.S.C. 7401 -7671. ), Water Pollution Control Act 33
U.S.C. 1251 - 1387), as amended Contracts and subgrants of amounts in excess of
$150,000 must comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
VII) Debarment and Sus ension 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,
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suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
VIII) 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.
IX) 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.
X) 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.
XI) 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
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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 ossible
L 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.
XII 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.
XIII) 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.
XIV) Access to Records The following access to records requirements apply to
this contract:
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(1) The Contractor agrees to provide MONROE COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records of
the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.
XV) 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.
XVI) Department of Homeland Securit 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.
XVII) 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.
XVIII) Termination Provisions The termination provisions (A -D) below replace and
amend any termination provisions in the underlying agreement, if any.
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
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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 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.
XIX) 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).
XX) 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 allowed and required by law.
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Exhibit A
Department of Labor Wage Determination
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EXHIBIT A Page 19 of 95
General Decision Number: FL180063 03/16/2018 FL63
Superseded General Decision Number: FL20170063
State: Florida
Construction Type: Building
County: Monroe County in Florida.
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or
apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for
calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which
the contract is awarded (and any solicitation was issued) on or after January 1,
2015. If this contract is covered by the EO, the contractor must pay all workers in
any classification listed on this wage determination at least $10.35 per hour (or the
applicable wage rate listed on this wage determination, if it is higher) for all hours
spent performing on the contract in calendar year 2018. The EO minimum wage rate
will be adjusted annually. Please note that this EO applies to the above - mentioned
types of contracts entered into by the federal government that are subject to the
Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -
Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2) -(60). Additional
information on contractor requirements and worker protections under the EO is
available at www.dol.gov /whd /govcontracts.
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
2 02/23/2018
3 03/16/2018
* ELECO349 -003 03/05/2018
Rates Fringes
ELECTRICIAN ......... .......... ___ ..... .,.. ...... ................, .............$ 33.11 12.31
ENG10487 -004 07/01/2013
Rates Fringes
OPERATOR: Crane
EXHIBIT A Page 19 of 95
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Monroe County Engineering
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... _ .. __.. _...... _ , e ,..._. ........
All Cranes Over 15 Ton
Capacity .......................................... .. ....................... ....... _3 29.00 8.80
Yard Crane, Hydraulic Crane, Capacity 15 Ton and
Under ..................................... ............................... $ 22.00 8.80
I RONO272 -004 10/01/2017
Rates Fringes
IRONWORKER, STRUCTURAL AND REINFORCING.......... $ 24.89 10.10
PAINO365 -004 07/01/2017
Rate Fringes
PAINTER: Brush Only ..... ............................... .,................... $ 20.21 10.08
SFFL0821 -001 01/01/2018
Rates Fringes
SPRINKLER FITTER (Fire Sprinklers) ..... ............................... $ 27.68 18.89
S H E E0032 -003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct Installation) ............... $ 23.50 12.18
SUFL2009 -059 05/22/2009
Rates
CARPENTER............ ................. ............................... ............ $ 15.08
CEMENT MASON /CONCRETE FINISHER., ........ .......... ..... $ 12.45
FENCE ERECTOR ...................................... ............................... $ 9.94
LABORER: Common or General........ ....... ..............................$ 8.62
LABORER: Pipelayer .................. ..... .. ... ..... - .............. - .... -- $ 10.45
OPERATOR: Backhoe/ Excavator.......................................... $ 16.98
Fringes
5.07
0.00
0.00
0.00
0.00
0.00
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EXHIBIT A Page 20 of 95
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OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ...... $ 9.58 0.00
OPERATOR: Pump ................................. ............................... $ 11.00 0.00
PAINTER: Roller and Spray .................... ............................... $ 11.21 0.00
PLUMBER............................... ............................... ............ $ 12.27 3.33
ROOFER: Built Up, Composition, Hot Tar and Single Ply ...... $ 14.33 0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation ..................... ..............................$ 14.41 3.61
TRUCK DRIVER, Includes Dump and 10 Yard Haul Away ..... $ 8.00 0.15
WELDERS - Receive rate prescribed for craft performing operation to which welding
is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal
Contractors applies to all contracts subject to the Davis -Bacon Act for which the
contract is awarded (and any solicitation was issued) on or after January 1, 2017. If
this contract is covered by the EO, the contractor must provide employees with 1
hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick
leave each year. Employees must be permitted to use paid sick leave for their own
illness, injury or other health - related needs, including preventive care; to assist a
family member (or person who is like family to the employee) who is ill, injured, or
has other health - related needs, including preventive care; or for reasons resulting
from, or to assist a family member (or person who is like family to the employee)
who is a victim of, domestic violence, sexual assault, or stalking. Additional
information on contractor requirements and worker protections under the EO is
available at www.dol.gov /whd /govcontracts.
Unlisted classifications needed for work not included within the scope of the
classifications listed may be added after award only as provided in the labor
standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that
have been found to be prevailing for the cited type(s) of construction in the area
covered by the wage determination. The classifications are listed in alphabetical
EXHIBIT A Page 21 of 95
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order of "identifiers" that indicate whether the particular rate is a union rate (current
union negotiated rate for local), a survey rate (weighted average rate) or a union
average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning
with characters other than "SU" or "UAVG" denotes that the union classification and
rate were prevailing for that classification in the survey. Example: PLUM0198 -005
07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the
survey for this classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number where applicable, i.e.,
Plumbers Local 0198. The next number, 005 in the example, is an internal number
used in processing the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective
bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for
this classification in the survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all rates reported in the
survey, it may include both union and non -union rates. Example: SULA2012 -007
5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana.
2012 is the year of survey on which these classifications and rates are based. The
next number, 007 in the example, is an internal number used in producing the wage
determination. 5/13/2014 indicates the survey completion date for the classifications
and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is
conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate
prevailed for those classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG -OH -0010 08/29/2014. UAVG
indicates that the rate is a weighted union average rate. OH indicates the state. The
next number, 0010 in the example, is an internal number used in producing the
wage determination. 08/29/2014 indicates the survey completion date for the
classifications and rates under that identifier.
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A UAVG rate will be updated once a year, usually in January of each year, to reflect
a weighted average of the current negotiated /CBA rate of the union locals from
which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on a wage determination
matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of
surveys, should be with the Wage and Hour Regional Office for the area in which the
survey was conducted because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial contact is not
satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here,
initial contact should be with the Branch of Construction Wage Determinations.
Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected
by the action) can request review and reconsideration from the Wage and Hour
Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
EXHIBIT A Page 23 of 95
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The request should be accompanied by a full statement of the interested party's
position and by any information (wage payment data, project description, area
practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may
appeal directly to the Administrative Review Board (formerly the Wage Appeals
Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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EXHIBIT A Page 24 of 95
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Key West, FL 33040
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Exhibit B
Monroe County FDEM Agreement
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EXHIBIT B Page 25 of 95
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
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APPENDIX C- I - GrambAubgranis
G K"# W,71 �f
Vk-%J c N Z0002
1 5'4 i'i
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aelfi!l# Ni
DR43.17 lkaatlreda
.... . ...........
6 M6%c LIN= 4900fl?) - P IQM$l Armum-,$ 2,9$0,53,5,04
. . . . .. ...... ........ ..
I YK A A) i irv�t &,I
') hxm Avp vw,
Routine-.
FWaI tlai�v ° l= inwrae� � �'" � � �" p�,' �. � t���1t�
FON Rniew lcs*: J q4 AO
nz ZU
Naomi %wrim - tiumv:
OWN Recalvel
FwMl
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&, - Reeiaswd
1oJ!A 'tquojmplc - 1 11 1 — I I I 1 - 1 1 1 I'll 11,11, 11 I'll I
NWAiuliow I • MylAnIfunAm v011o OrlsOnlil ASMIWA 2 - Ckw• with OriBkud AFwwn4 3 , FlwW Mpull -41h C'W of
ASrftnitla
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EXHIBIT B Page 26 • 93
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Monroe County Engineering
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Key West, FL 33040
Project Management
SU13GRANTEE AND CONTRACTUAL AGREEMENT INFORMATION SHEIET
WARRANT R15MITTANCE ADDRESS} mes -449yk---
SUBGRAINTEEMONTRACTOR CONTACT PERSON & TITLE'
It-M CONTRACT MANAGER:_ F
BEG8NN ING DATE:— W.Of 171 ENVNG DATE W=81
ti9�1 * �241 �;., 0 1
GRANT REPORTING REOUIREMENTS (GtsrW Awards Only) JMO-Moalhty. QR-Quarterly, NA)
ORGANIZATION LEVEL: CFQA #. 97036 CSFA*;
0EMGRANT*- ATW FUND I 2-750MI-10$150
EO Z2 5 ZAKN
DEM GRANT N _--43Vt FUND 2 243OW7.10SISO CO Z3 S
DEM GRANT # _ FUND
IF THIS IS A MODIFICATtON:
MODIFICATION av:
EFFECT OF MODIFICATION:
AMOUNT • INCREASMCC — IN' — AWARO AMOUNI:
6LtW ION 4;. FINANCE AN Apq (To be oampleted Oy Finance �nd ACCOklr4lng)
F IDN' SAMAS CONTRACT# —4444��'..------'- INPUT DATE
EXHIBIT B Page 27
■ 95
I m".0,
This checklist and the standard contract audit language may be obtained ele4tronically from the Execuwe Cmice of the
Govemof's webralm (htlp:li .mv%nda hlml),
If a Florida Single Audit Act State Project De4ermirtalion Checklist has not been previously corripleled. please compllete it
now. (Applies only to State agencies)
This checklist must be used by State agiawins to evaluate the applicability of the Florida Single Audit Act (F ) to non.
state organiaatlons' after a state program has been determined (using the Florida Single Audit Art Slat Project
Determination Checklist) to provide state financiat assistaance (Le, is a State Project as defoned M 215,97 (2}(r), F.S.) This
checklist assists in delefmining It the non -state organization is a vendor, recipienti'subreciplent, of an exampt wganizaWon
' A mirk -date oroanizaWm is defined as a n,onprrtit organization, for -profit organization (including sole proprietors), of
Floride local government (excxuding district school boards, charter sclhools and community colleges), which receives
State reswees
RecliMents and subraclplants of state financial assistance must also use this Checklisill to evaluate the appkabillity of the
FSAA to rion-state orgafrizations to which they provide Stale resources to assist in carrying out a State Project
Name of Non -state • .n Unam
(i.e- nooptollit, for-profit local gowenriment It the 1`1011 organizallon Is a twat gowrnmant, please indicate the type of
local government — municipality, county commission, constitutional ofker, water nwriagement district. etc,)
�, . • .. .,
z MOE fefers to the Federal maintenance of effort4evel of effort fequlrements as defined by OMB Circular A -183
Compliance Requirement G (Matching, Lewel of Efforl, Earmarking)
If any 0 $4 abaft to yea, the rO4ientN*ndor rely onsho determination does not need to be completed because the
FSAA h not applicable to the non -stale organization.
Revised January 01, 2002
Form Number: FSAA Gt-2
EXHIBIT B Page 28 of 95
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Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
Note it is the progiram persoflners. responsibility to notify Finn nm and A=unt,ing of Which non -state organizations have
been determined to be recipients and are receiving slate lonanciial assists noe (i e disbmsements; must be coded as 7500
object code in FLAIR).
NoI6 U is pos&bfe to have a coribacriml agroament wah a non -state organizalim under Chapser 287, FWidg Stafidas, and
VAU wrtWer Me non -Vato orivarozabon a recipient under fhe Folorida Singto Audit Act,
11 a mcoenUsubtecipient eelattonship exists the standard contract audit language, including Exhibit 1, must be Woduded in
the document that established the State?s, redi*nll's, ar sulbreaspient's relationship with the non-state twganiralion
Questions regarding the evaluation of a non-stale organization or if 4 has been determined that Me non•state organizalion
Is a ieciplent and a CSFA number has wt been assigned, contact pur FSAA State agency liaison or the Fxecullve Oflice
of the Govannot. Office of Policy and Budget, Budget Management Policy Unit at (956) 497-3832 of Surwoom, 277-3032.
RefererwA may be made to Rule 270-1, FAC
Revised January 01, 2
Form Number. FSAA
I -- -----------
EXHIBIT B Page 29 of 95
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
FEDERALLY - FUN DEDUMAWARO AND 13RANT AOREEMENT
2 C.F.R 6 States ftf Vat ward may ba Provided thiough any boron of legal AVROmiont. including an
AltOOMent that MA "S&.Vvf*ugh entity considem a oontmd'
As defined by 2 C F-R SM 74. 'POWIlylowph orbliV Kwano 'in non-Veder4o entity that pr a subaward to a
Sub Tent's name:
Sub-AKO"rs PA I&FIP$ Numbair.
Subr Rmvenrs uojqL* onboy liderart,#r
Federal Au 11CIM11,15=10n W (PAINJ
Fad Award Dm�
Sub rd Peciod of ParlbrmwKe Sun and End Do@
Amount of Fedarai FuKdr, OU*R%d by this AgMOMNI
Tolled Amount of Federail Funds Qblias%d to ft Sub -R04DWMI
by the PAS44hrough entity to Adaft Otis Agcownw:
Total A~1 of OW Federal Award comnWII&O t* the Sub-IR"anJi
by the Poll-through entity:
FedeM award WOW domfiPrOon (see FFATA)
Lr-ALavuz p en In I
M&Wxgm,
Name V Federal avarding sgemy
mat
t Inux LUM5
Name or p4ewthrough entity
EXHIBIT B Page 30 of 95
B E
Contos# inbftV00 ► for the p924414*4h "ty:
Cata102 Of Federat Donee did A 864tove VIVA) Number and W"
Vftftr9ha &&Nd is Reaaorch & Devo&Wnarvi
htdraCR coati rasa for me Federlo Owrd'
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
45"'li TV
Tag2 .?�
5-k t >v �3.� I� - z?QUw.M "IjL—
n
EXHIBIT B Page 31 of 95
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
EXHIBIT • Page 32 of 95
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
2
1- Monitor and docunneint Sub- Reciplent perform®nca: and,
li. Review and document all deliverables for whKh Cho Sub- Recoient requests
EXHIBIT B Page 33 of 95
i
,
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, Fl. 33040
Project Management
(4) XfUf 5 ANP t 'Q TIC !�§
This Agreement cwrfains all the terms and =nddlons agreed upon by the parties
{b) EMCUTIOM
This Ag ment may be exew ted in any number of rour+terparts, any one of which may
be taken as an original.
( ,3DI CATION
Either party may request mDd ificaiion of the provisions of this Agreemejnt Changes
which are agreed upon shall be valid OWy when In writing, C-gned by omh 01 ir~e parties, and attached to
the - 4insif of this Agreement. In order for a Prgj; to be eligible for reIrnbuaftnelt a morn lion to this
agreemeai must be execuaad kworporating the Proje-.l as idenglfisd by number, budget, and scope of
work. Plojeets nog included by modification will be ineligibtc for funding, regardless of Federal approwl for
tM Project.
(7) ; eU " ,
The Sub- RecdpleM shelf perform the work in accordance with the Budget and Prcoct Ust
m AttaChmeM A and Sc of Work, Deliverablas and Financial Consequences -- Alta0ment 6 of its
Agreement
This A® em shall begin upon execlilion by both parties and shall and six (t#} months
This is a cost- reimbursemerri Agreement. subject to the availability of funds,
The State of Florida' ormance and obligation to Oay uAder thia Agreement Is
contingent upon Sri annual eppropria'l& by the Legislature, and sukrject to any modiricalion in
RMOrdUnCe with either Chapter 216. Florida SLatuAee_ or the Fbrida Constitution.
c, The Division will reimburse the Sub - Recipient for ollowatila costs incurred by Me
Sub -R lent in the auCCessful completion of each delWwabr.%, The maximum reimbursemem amount
for each deliverable is outlined in AitechmealA of this Agreement ( "Budget MW Prgject List ") The
maximum reimmbursemeM amount for the entirety of this Agm6rriant is two million, eight hundred fiRy -eight
thousand, live hundred and thirty-five dollars and niriaLy4cm cents ($2,$58,535.944)
EXHIBIT B Page 34 of 95
n
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
M
EXHIBIT B Page 35 of 95
h �
F
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, Fl. 33040
Project Management
EXHIBIT B Page 36 of 95
0
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
*114011-.112M
9
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, Fl. 33040
Project Management
EXHIBIT B Page 3 8 of 95
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040 _
Project Management
s
and bW&%vea of the Budget and Project t.lot - Atlachment A. a of Work - Attaahmerwt 8, and all
other appWMe laws and regulations
(110 T
Part 200, Subpart F
DEMSRsgla_4udil @,em.myflo
-Q8
Office of 1h$ lnspfttor General
2565 Shumard Oafs Boulevard
Tallahassee, Florida 32299.2 100
Q. The Suti- Reelpiart shat] send the Single Audit repautin osc*age and Fom SF .,SAC
to the Federail Audit C rasghoume by submission online at:
The Sub-Reeipient shall comply with the audit requlremanls conla^ned in 2 C.F R.
htlp:lu9vamgster. ns us.govlfacAwlletlfddelndex.himl
h_ The Sub-RecoWnt shall send any man men! latlerissuied by the auditor to the
Division at the following dress-
EXHIBIT B Page 39 of 95
sm
O *MSin91e AudkQem molorida corn
Office of the InspaCtor General
2555 Shmard Oak 8001aVard
Tallahassee, Fforids 32399 -2td0
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
EXHIBIT B Page 40 .
EIIN
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
EXHIBIT B Page 41 of 95
13
(i$}
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, Fl. 33040
Project Management
If an Event of Default occurs, then IhB INvislon shall, fitter thirty calendar days written
notice to the Sub- Recipient and upon the Snub- Recipient's failure to cure within those thirty days, exercise
any one or more of the following edicts- either concur+ently or consec?dtively,
Terminate this Agreement, provided that the Sub -Recipient is given ei toast thinly
days prior wtift" Mhce of the term3natlon. The nape andl tie effective when placed In the United
SIMOS. first CtaES mil, postw p Wa ld, by raoistered or certified mail- rarlurn receipt requested, to the
80, fass in paragraph (3) herein;
b. In an appropriate legal or equAtIble action to enforce performance of ft
c. Wdhhold or suspend payment of all or any part of it raquest for payment;
d Require that the Sub-RKipienl Wund to the Division any monies used for ineligible
Purposes under the laws, rules and regulmions governing the use of these funds.
ar, Exercise any iva or remadiat actions, to Include but not be limled to:
Request additional inform(Mlon. from the Su lent to del ine the
. = -« �, ._
Issue a written warning to advise chef more serious measures marry be taken
if the flAuslion Is not corrected,
III. Advise the Sub-Recipient to suspend. discontinue of refrain ftom ircurring
coats for any activities in question or
tv. Require the Sub -Racipient t4 reimburse ft EWision for the amount of costs
inoufred for any Aerin determined to be Ineligible.
f, Ex erase any other riots or remedies which maybe avasabre under law
Pursuing any of the above remedies val not stop the division from pursuing any other
remedies in this AgreamRnt or provided rst law ar In equity, Of the Division waives any ri or mm edy in
this Agreement or fails to insist on stmt parf%mance by the Sub - Recipient, It wip not affect, eidend or
waive any other right os remedy of the Oivision, or affect the Ides exero of tt►e sayne right or remedy by
the Nviision far any other default by the Sub•Radprent.
07) MiNATIQ14
The Division may termLnete Phis Agreement for cause aft& thirty days written notltse..
Cause can include muse or fronds, fraud. 160 of compSance with OPPI"bk rules, laws and regulations,
failure to perform an time, and refusal by the Sub -Reci gent to permit public access to any document,
Paper. tatter, or other matezml 84Nect to disclosure undea Chapter 119, Florida Statutes, as amended
b, The Division may terminpte this Agreemenj for coamnience of when 0 determines, in
its axle discretion. that Continuing the Agreement would not produce bandAcial resuils in tine wlm the
further expenditure of funds, by providing the Sub- R+ecipienl with thirty (34) carendar days prior written
notice.
n
EXHIBIT B Page 42 of 95
Im
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, Fl. 33040
Project Management
I Lq
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
15
bound 1 bY all OPlicsb4e IOWS, regulations, and aWeemem lonmi If during As review the Division Idenwes
any dokisncieB, than the Division silaN oomrnUricale MOSS deficiencies to the Sub - Recipient as quickly
as possible within the three (3) business 00y YAWOW outlined above It the Sub- Recipient pub4shos a
COMPO41tive 5010600A aftr necejviing coromenlis from We Division that the solicilaloon is deficient, then
the OM310cm Onay;
Termfi►ate this Agieerneoui in accoiclance with the PrOvislor's outlined in
paragialob (17) above, and.
ii. Reftme to remburse tM Sub-Recipient for any costs associated wrath that
solicitation,
f. ThO SU"ONNOV9 agrees to in in the subcontract that (i) the subcontractor is
bound by the Wrons of IN$ Agr"munt, (il) the sube*ntraetor is bound by all applicable state and federal
laws and regulallons, and bui the subcontractor shall hold the Division and Sub - Recipient hsrrnl�m
against 00 claims of whatever nalufa ahsing out of the subcontractor's performanoe of woo undef this
Agrement, to %a extant showed and required by low.
EXHIBIT B Page 44 of 95
E
business:
companies;
contracts,
equIvalent.
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
i. Place Unreasonable requirements on firms in order for them to qUalgly to 4o
G ROquire UMMOCOSSNy expetience of ex.casslye bonding;
fil. nonoomp-Mitive pricing pfacillces between firms or between affaaled
Iv, Execute noncomptlitive capylas t cavoultants that are on telainei
V. k4horize, corAcine, or igmre orgarilzalional confllcls of interest;
vi- Spe* only a brand name product without alkMing V*Wors to offer an
(19)61169UU NT
EXHIBIT B Page 45 of 95
. . . . . . . . ....
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, Fl. 33040
Project Management
17
& All attachments to this Agireamerbi are Inc"DW&das it set Out fully,
b In the event of any IftOosistencies or Conflict Wwaen the Ionuage of this
AgreemeW arid the attachments, the language of the aLlachmenks shall control, but only t6 the extent co
the conflict or inconsisLency,
C, ThIS Agreement has the f011(raing aItechMenl%_
I. Exhlb4l. 1 - Funding SDurces
li. ANactiment A - Budget and Preliact List
iii Aflachment 8 - Scope Of Work, OellivaiabWs, and Financial Coftsequences
IV, Attachmeint C - Ceriftation Regarding Debarment
V. Axachmem D - Designation of AxAhority
vi Attfthmant E - Stallameel of Amufances
wil. Attachment IF - Election to Participate in PA Alittrotive Procedures (PAAP)
viii, Atlachment G - Public Assistance PrOgrwn Guidance
ix. Attachment H - FFATA Repwiirog
X, Altachmem I - Mandatory Comma Provisions
Mi AftachmerA J i DNS OIG Audit Issues and AtknoMedgernent
xil Aftochment K - Just cation of Advance Payment
EXR-M- �-'k
C If the rtecesuryfundii are net available to fund liblis Aqrfam.wt as a fasult of action
by the Uniled Stale$ C"fass, the federal Mice of Management and Budgeting, the State Chief
Y
1
M
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
EXHIBIT B Page 47 of 95
1
19
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, Fl. 33040
Project Management
EXHIBIT B Page 48 of 95
RE
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
EXHIBIT B Nap 49 of
21
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
connection with this Federal contract, graM, loan Or CooPenDliveagNemenL the Sub-fit ec4)lant shall
complete and submit. Standard Form-LLL, 'Disclosure of Lobbying ActiWlies,," in accomance with its
instructions
iii. The $ubAecipiarit shall require that this certftal4ri be included in the
award documents for 8113UWWards at all tiers (inckrding subcontirads, subgranis, and oontracis undo
grants, loans. and cooperative agreements) and that all Sub- Recipients shall ce"* and disclose
accordingly,
ly. This certirmmion is a nuiterial representation of fact upon which reliance was
placed when this transaction was made or entered into, 60missim of Ibis certification is a requite le,
for making or entering into this Itansaclion knposed by Section 1352, Title 31, U.S, Code. Any parson
Wlho Earls to file the required ceirtAicotion shall be subject to a ciVil penalty Q4 not Ills than $10.000 and nol
more Dian $100,000 for each such feAve.
FM%JAN21g6
EXCEFrr AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
!JNDER • IlN CONNECTION WITH THE PERFORMANCE • THIS AGREEMENT ARE HEREBY
NESERVED TO THE STATE OF FLOR11DA: AND, ANY AND ALL COJPYVIG�XS 4=?J9V"V)R
a. If the Suh4leciipient has a pre-existing patent or copyright, the Sub- Recipient shall
retain all rights and tmQtenrieft to that pre-exisling patent or copyright unless the Agreement provides
otherwlse,
%thin shiny (30) days, of execution of this Agreemani. the Sub - Reorient shiall
disclose all Intellectual properties slating to the performance of this Agreement which he *r she krAy4s or
should know could give rise to a patent or copyright. The Sub-Riimipiertl shell retain all rights and
entitlements to any pre - existing Intellectual property which is discic*ed. Failure to disclose will Indicate
heat ifto such property exists, The Mosion shall than, under Paragraph (24) b , have the right to all
patents and copyrighis %qllch accrue during pertomance of the Agreement
d. If the Sub-Recipleril qualiliesaii. estate university under Florida low, then, pursuant
to saloon 1004.23, Florida Statutes, any invention conceived OXCILISively by this employees of the Sut>-
EXHIBIT B Page 50 of 95
m ,
1+
i The contractor will not dlsonininote against any employee or
applicant for employment because of race, coror, reflgion, fox, or
national origrn The contracloi wAl lake affirmative actiort to ensure that
appf34ants Are employed , rand thrill ecripfoyeen are treated during
ertrpliaYMent without regard to their race. color, religion, sex, or eaationat
origin. Such acl. n shalt include, but n<A he limited to the fotiowing .
employment, upgrading. demotion, or transfer, tevuitment or recru lmeM
gr it l layoff or lerm nation; rates of pay or othe ^r forrns of
compensation, and selection for training, including oppronticesh0 the
conlractor agrees to post in conspicilours places, evtallable to employees
and appl caanls for eroployfaterlt, notices to be provided setting forth the
Provisions of tfais nondiscrimination clause-
Ii. The contractor writ, in ell soitcitations or advediserrients for
employees ptaceiJ by or on tmhatf of the conirwt;F, state that all
Qualified OpPlicanlswAltecaivu consideaations for amptoyment v Ahout
regard to race, color religion, tax, or national i qin
iii 'that contractor will send to each labor union or re pr>atitanlralrae of
warkers with vvh h he has a coll tive bargaining agreamefaf or other
contract oe undersianding, a notice to be provided a visk,nq the said Ioliot
union or va rkers° (eaprosentatwyes of We contra clot's commitments under
Thos section, and shalt post copies of the norlice in a nspicuous plract)s
available to emptoypeS Omd applicams for employment .
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
EXHIBIT B Page 51 of
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, Fl- 33040
Project Management
23
W, The convector will comply with all provissons of Executive Order
11246 of Septeqlbar , 1965, and 0 the rtoes, regulations, and relevant
occleis of the Secretary of Labor,
v t he contractor will furnish all inlormation and reports required by
E Order 11246 of Seplarnbott 24, 1965, and by rules,
regulations, and orders of tile Secrelary of Labor, or pursuant inereto,
and swill permit accosis to his books, records, Grid accounts by the
administering agency and the Sectotary of Labor for purposes of
Onvestigariom to ascerlain cornpliunce w ith suc yule$, ropulations, and
orders
vi. In the even, of the contfactor's noncompliance with the
nondisoriminal4n 04uses at this contract of With tiny of the said rulos,
regulations or orows, this contract may be cantotDd, terminated, or
suspended in whoA,- or in part and the contfarlor may bra dact wed
inerioNle for further Government contracts or federally assisted
0"61rucigm CoAlmols in accordance with procedures aulhonz to
Executive Order 11246 of Septeminef 24 IM,and such other sanctnans
may be imposed and remedies invoked as provided in Executivo Order
11246 of September 24, 1966, or by rule iogulaboo. or order of the
Secretary of Labor, or as otherm'se provided by low,
vii, The contractor will include the porbon of the sentence
immediale4y lVoCeding paragraph (I I &qd tile provisions 01 pa
(1) through (7) in 'Ovary Subcontract or purchase order unless exempted
by rules, regulations, or orders Of the $ecretary of Labw issued pursuant
to seccon 204 of Exeovfive Order 11246 of Sepllor rat or 24, 1 96,t�, 60 that
such provisions wig be binding upon each subconlracloT or vendor The
contrecto( will take such Oct 0 with respect 14) any Subcontract at
purchase order as the adt"mistefing agency may dtre4g as a means of
enforcing such provJsron5, inctuding sanctioms for noncompliance,
provided, how6wer, 1hal in the even, a contradw bacomeo involved In or
fa threatened with, leigalson w4h a subconlraclor or vendor as g res of
Stich iditecliton by the administering agency the conlractor may foqueril
the UnAod Slates to enter into such lffigatiion I* protect t h e interests of
the United States
The Sub-Reci*nl further agroeS that 0 will be botfittl by the above equal op
clause VAh VQSpW 10 ins own employment practices when it part c"tes in federally as54ted Construction
wOrk: provided, ftl 11 the applicant so paoicipaling is a State of locat governmerg, the above equa.
oiPponuntly Cliauris is not applicablo 10 any agency, irillitfumentalilly ors oAsia n of such governmeol
which do" nol PanicIpate In work an or under the contract.
c The Sub-Recpent agrees HIM A will assist and cooperate actareiV with the
adminislenog agency and the Secretary of Labor In ousirIlng the complianoo of contractors and
s4koontradcxrs with Ow equal oppwvnitV clause @W the rules, regulalionrs, and 1018yarnil OyClem of the
Secretary of Labor, that It VAN furniEM the adim inistering agency and the Sacmary of Labor such
i6formption as they may require for the OuWvitjon of Such oemphance, and That it will d1he4wise assist
the admboisterittg agency In the discharge at the agency's primary fesponsiNlity for securing mimpljaixe,
EXHIBIT B Page 52 &A
11
EE
i Conbactor. ThO COFIVOCIOf Shall comply with 18 U,S,C, § 874,
40 US. 3145, and the requkremenis of 29 C F R pt 3 as may be
Wlicable, whdch are)ncoTporaleci by rereence into this con
11 Subcontracts The contractor of subcovirajor sh&J insert in any
sui bcon tracts the clause above and SVch other clauses as the FEMA may
by appropriate fm;trucllons requIro, and also a clause toquiring the
Subcontractors to include these claus#s in any lower tier subco'61mcis
The Prime ConVactof shall be responWile for the ccontollance by any
subcontractor or lo"r tier subcontractor with all of these contract
c[duseg.
lit Breach- A breach of the contract clavies awve may be grounds
for temination of the corWracll, and for debarment as a contractor and
subawgracfor as provided in 29 C.F.R 5 5.12.
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
-- ---------- — ----------- ---
EXHIBIT B Page 53 of 95
(20)C_LF--'A_N,,AjR ACT AND THE ME-RAL WATER P LJI CONML,6
It the Sub-Fiecipierij, wAh the funds authorized by this Agreement, enters into a contract
That ex 5150 then MAY such contract must Incruds the folSoMng pravision:
Gontuactor agrees to cc Mply with all applicabile standwds, orders or
regWations issued pursuant to the Clean Air Act (42 U,S,C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.&C-
1251-1387), and wid report v 0180ons to FEMA and the Regional Office of
the Erv4onmeatdi Proledion, Agency (EPA),
This contract ks a covered transaokm tot pwposes of 2 C,F, R,
Pt, 160 sod 2 C.F.R. pt, UOO. As such the contfactor is requWed la
vellify that noft of the contractor, As pr" bcipals 4dahned all 2 C,F,R §
Of Its 81filiabas (delfined W 2 C.F,R. § 100-905) are excluded
(defined sli 2 C.F.R. § 190.940) of dilisquallif4d {defined at 2 C,F-R. j
1&D.935)
h The oonkraclos MuS4 comply with 2 C F R pt, I &D, subpart C and
2 C,F,R, pt. 3000. subpart C and must include a requirement to comply
with that* sag4Aeltions in any lower tier cowed transaction d enters into,
jil. TWis certify -otion is a Material represenlation of (act relied upon
bythaDi6siori, 114 is tale. determined it the contfactaroid no t Wnjp[y
with 2 C.F.R. pi 1 80, Subvall C and 2 C F 8 pl. 3CM subpart C, In
add inon to remedies available to the DivWon. We Federal Government
may pursue aveifable remedies, Including but not limited bo suspension
andfor debarmerit
N The bidder or proposer agrees to comply wi th the fogul(emonts
of 2 C,F R, pt, 180L SUbpal C and 2 C,VR, pi 3000, subpart C While tbir.
rifler is vald and lbroughout the leaned or any contract that May arise
from this offer L The bidder or proposer further agrees loincrude a
piroOs6on requiring such compliame In R% lower tier Coveired transactions.
(31)BYROANT11088NI WENOM
It the S-0-Recipient, wilh the funds authorized by this Agreement, enlers Inlo a oontract,
then any such contract must irlClode the foillowing classes:
Byrd Ant!-Lctl*y4nq Amendment, 31 U .&C. 9 1352 {as virnonded}
Conlravoris %%%o apply or bid far an w"rd of $1100,000 or more shalt File
EXHIBIT B Page 5 4 of 95
IV
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
,VMaNFs, §
E
_FIR
a If (heSub-Roalpleni, VAh the funds aullhorimd by this Agreement, 6600 to pfowre
goods or semces. than. In accordance YWh 2 CIF-R. 6200,3211, the Sub-ftecipieM shall take the folWM9
affi►malve steps to assure 144 minority busireesses, women's business enteqvisas, and Labor murprus
seem firms are used Wisp p si v e .
I , _ _WL
Placing qualified smisil and minority businesses and women's business
enterprises on solicitation fills;
enterprises are soliiAed whtnaver they are "nuai sources;
16. Dividing total faquireatents, I �feasit�o, into smaller lask.6 or
qisioniiities to permit maximum pfirtieip by amid and Minority businesses, and women's hisgoagg
emwpfisetp
lY Establishing delivery schedules, W= whi;h
ancowaga partkipation by small lmd minority businesses, and Women's business enterprises;
V- Using the s MW OssisAigms- Ali 9210POV. of such organizations as
the SMall Busirwas Adminlairaliun wW the Minority Business Developmwt Agency of the Department of
Commerce; and
V1. ReqUl" the prime contractor. if subconJrWS arse 10 be I&L to take the
affirmative slops listed in paragraphs i through V, of this subparagraph
b. The requiremenri outlined in subparagraph a, above, sometimes referred Ioas,
"socioocorwmlc conlracling," does not impose an obligskon to set aside either the solicitation or award of
a Contract to these llypes of firms Ratheir, the requirement only imposes ea oblipion to carry out &Eg
OMMU9 the six afrWOaUft steps identAed above.
The 'socicemnomii: contraging' requaremnt outlines the affwirnat" steps that the
Sub-Recipiant must take, 11he requirements do not preclude the Sub-Recipient from undertaking WdItionall
Steps 10 Involve small and minority businesses and womn's business enterprises.
The requirement to oNvide total requiremeMs. When econornically tessiblie, into
smaller tasks or quaniiiiies to pvM maximum particiDation by smat arid minority businesses, and
women's business enterprilleS, does riot authorize the Sub-Raciplem to WWI; a single project down into
EXHIBIT B Page 55 of 95
Miller corvoneft in C(dw to cimumvent the rvikero-purchase or VAN pufthase threahoWs so se to CO
utike suearnMed a"uisbon procedures (*,!I. 'projs& spliLlWy Od
(33)&r,
The Sub-Fteciplent shall comply with arty SM@mwd of Awmnem in raked as
Attachment E.
EXHIBIT B Page 56 of
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
28
IN MTNESS WHEREOF, the pofts hereto Move exewbed We Agreement.
STATE OF FLORIDA
DIVISION OF EMERGENCY MMAGEMENT
By_
? N a ie Tift VVestey Maul, Dkdciw
''I
clnw wktfl-es
Do! t e; -Y J - L 1
MMOF COUNTY ATTOMW
AMOWD AS T O RM' I"
Cti(RLSTNT LISIOERT-OARItOM
ASSI-SI - AN T C 0 t J NT A' ATrMN SY
DAM
(sm
A"W*Z%" VAfO( CUM
A4
vepuwUm
EXHIBIT B Page 57 of 95
EM
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
29
YNE'r - AE:UFff-1?ECTRE - ,VT [ADERTAd-
AGREEMENT;
Federal Program
Federal agency: Federal Emergericy Management Agency: Pubir, Assistance Program
Qslalog of Federal Domestic ftliptenoe: 97.036
Annount of Federal Fundinp: 5 2,950,635 94
2 Sub.Recfp*nt is subject to all admini$trstive and firiandal requirements as set Forth in this
Agreement, or will be In wialiston of the terms cd the AgreerneM
NOrE Section 200.331(a)rQ of 2 CrR, as revised. and Seclkn 219, 97(5)181, FAWda Starutes, mqeAru
that life kiforroatoon abwf F Programs and State Pt*crs jY)chKlud on pg I of Mis sabqMiq
80WOM0111 aefd 1a Exhffid I be p to the S4&-Rocolw)t
EXHIBIT B Page 5 8 of 95
S M
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
10
IM.
The Budget of this Agreement tk, Initially deterni)ned by the WnOurtl Of tray Plofflet WaikSheel(s (qPW) Ihal
the t-ederal Emergenry Mara enioni Adrnmstrafi (l~E MA) has erblSaled for a Sub�lteejpienl at the
bwo f execution Subsequent l Ais or revtgttxls tberacif wiiP increase or decrease the S udpt of ttsr*
Aljreorne t 'lhe PWfS) that have teem lipped tire°
_.v_ —_ ..., . -�
C�r� =fir SuLMl�ci1�nR 1f+91 tf
PVV Gat P
... , TiBe Estimated Fed F rot 5i ®t Lacar Tq�al Fwsd�g
,.; re re share
+� k � Tel % nf01 1 LO&V &a 30 P,196T,8f3Q5 it (i ; t+f}T, #>3b3 0 0 rafir r3 S
days
areR�RS�aa
ft09.f5 : ?D
s9dg,46a.z9
0
dr06,46 28
1
�
�
[
C
> <a+adY
tway.6D
you%
; SdDP9�43(1'
sa fq.50
0
�tA�t�ry
U
�
P�c+w�s
I�enrars fof 100
i
re(va
37J4507,b9
��0f6
3 3 llrJP,$fd
! Q
0 -
i2A SDT,5p
EXHIBIT B Page S9 of
EM
a
Q R R T '` R
O R I P- 141l
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
Dallverahfes
LArge Projects
Reimbursement requests il be slabrnrftatst separately for €acla Large Project. Reimbursement for t.orgo
Project coats shall be basest on the percentrage of comploloon of the individual Pr+o Any ro leest for
reimbuir6el ent steal] provide adequate, well organized and OOMPWO source documentation to support all
casts related to the Project, and shall be clearly Jdanidlied by the Project Num rr as generated by FFiltl
Requests which do trot conform will be returned to the Sub- Reciplent tail to rl,ctopjance for payment.
ReWbursement up to 95% of the rotor etiplbla Mount will be pad upon acceptance and corAl ant upon:
• Timely submission of Quarliedy Reports (dace 30 days after end of sub quarter)
• Timely submission of rnvi l 6 jR owls for Reimbursement) at least quarterly al supported by
doci)nnenjahl for all coals of the project arseel The final lnvoce shall be submitted within
sixty (60) days after lire expiration of true agreernent of snaptotlrara of Ine pOiCCtr whichever
ciocursfirst An, explanation of any cl cumstanr s prohlbrtrag try submittal or quarterly invoices
shaall be 6ubmilted to tlso Drvxrslon Grant Adanager as part of the Sub Quarterly
reporting as refer awl in Patapraph 7 of this agreement
• TimeYp submission of Request for Final Inspection (within nrOety (90) days of project completion, —
for each p ;ectj,
Sub- Recipient shat] include a g,rrom Affidai l ;l[ American Insulate olf ArchReds (AIA) forms G702
and G703. as rflqufred below.
A. Affil . The R " i$nt ig required to submit an Affidavit slgnad by the Recipient's
pro,ioct personnel with each r rmbUrsemOnt il"l st attesting to the following the
per of cotriplation of the wrart€ that the rerrnbtarsernent request represents, that
adisbulsearata ls. or payments were made to acooidance visas salt lot the Agreement and
rags. ^ ^latory corillitions, and that rolmhorsomerat Is doe and has trot been proviouusty
requested.
a: B. AIA Forms G702 and G703. Fie construction projects where an architecilurail,
engineering or constniction managenterlt firm provides construoian administration
services, the Recipient shall provide a copy of the Amoilican, Institute of Architects (AIA)
form G702. Apfibcation and Unification for faaynter,t, or a i r rabte term approved by
In* Gsswi6ion, signed by the contractor and ins ection1cedifyrimg ofchil ct of engineer, and
a ropy of bites G703 Continualion Shoat, or a comparable form apprr wit by the
Division,
EXHIBIT B Page 60 of 95
Rr
r,
32
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
Fwe percent j '%) of the totat el;igatalo amount (artcla,aefhop Federal, state and local shares) will In withheld
from payment urafal the finat Request for Rota nbiase ont tot backup fix va expenditure) feat been
vet ified as =ceptablo by the D ivision' s grunt manager, which retest include Baled ce rlih=ion that flat
Project is 100% oornpldto Furflaar, 0 required documentalion must be available In FlondaPA. wgi prior to
release Of final rah to inc ktdo pdrmils, pctic,es & procedures, procurement and insurance documents
$mall Pmjocts
Si ll projecis, wilt be pald upon obhgabDn of the Prrajoct Weflr sh at. aulrFtecc ont raiei�t Ictitlato lealr
Small Prol t Closeout an Ftor daPA org mthin 30 days of complotion of the plallocL Work or no lotei thvin
the pw= od of pe.dorrnancA and date SSmaa'al Project Obseout is initialed by logging into No6daPA,
selecting the Sub Re iploni' ocooun, then seferling ` reaaate New b ea t% and se icliog Small
Projirct Cornpla1ibT Clo$ out omr, o tho roan and' aVe The final action as fo Adya4 the forma to
tho naxt queue for review
Finangiat [or Boer a rce r
For any Projw (PW) that the $0- Recipient fails to complete in compliance wAh Federal, male and 1o081
requkernerds, the Ctivisson shall ►A 0holid a portion Of the funding up to lava full amount. Any lands
advanced to ttm Sub- Re6pienl will be due track to the DMr ton
EXHIBIT B Page 61 of 95
n
......:..:
t
W
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
Carmclor Cwwed Ira cidons
(1) The p time oNontdacOr of tae Sub- ratrient, Ca3rtif , by sub ni saaan of
this docurnant, that neAhet It nor Its pr ipals is presenUy debarred, str poncled, pyoposed f r
d arvne t. declared ineh lble, or voiuntanly eWWded t €'orn parth6palion i n this Ira n5 acilon by any
Federal department or aery.
(2) VVhdf* tare aub•rec= pisnt's subcontraclor is Una ble to to we vWGrnwvt,, the
contrant s1niall rtttach an eatptaraatbgn to this fainin,
LoNlil
'alcr -FQC
M onroe ( ear rte
Sub-R 1p*nt's Nbme
DEM Gantwt Number
FEW Project Number
EXHIBIT B Page 62 of 95
EM
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
14
Attachment D
I Ni *1 rEl y- ,
The Designation of Authority Foam is submitted with each now disaster or erneigency oeclaralion to
PTOVOO rota atrlhoritylor the wb•R ipient s Primary Agent and Aherriato A(em to access IheFsoridaPA,org
system In orator to ranter notes, feview motes and documents, and submit the tdocunac ®ntaafion necessary to
work the new event. The Designation of Aulhor0y Form is originally submitted as Altachfnarrat '@, to the PA
Funding Agreement for each disaster or emergency declaration Sirbsequen0y, trove Primary or Aaernate
contact should review the agency contacts al least quarterly The Authorized Representative can request
a change in contacts via email to the stale team; a note should be entered its Florrd.aPA org if the list Is
correct Contacts should be removed as sloorr as they separate retire, iw are reassigned by the' Agency. A
now farm will only be needed it all authorized representatives have Sepafateif from yytaut agency, Mote that
it a new Deli 48tivn form is submitted atlAgoricy Representatives currently listed 06 cartslacks that are not
a xarded on Itao upttaaled form will be deleted from FlaridaPA,cmg as the contacts listen are replaced In the
syriter not supplemeoted, Ail users must tog In on a morwlhiy this to keeps their accounts frown beturning
locked,
instructions for Completion
Complete the form In its OnInety, i shrip the norm and intormat*n rot aft representatives who rPw4l b€i wworlr'ratp
In the FtondaPA org Grant i'wlanagitimeril Syslem, td rs will I* notified via email when they have been
, granted access The user most log In to the FlondaPA org system vrilttin 12 hours of being P411bed or their
account wit! lock there 'out bw.h user mull log in Mein a Wday time period or their accourd will lack ttwm
ouI 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 dmded into Make blocks: each block rrlest be Camplatetl wheue appropriale.
Btook f: "Ai,amorized Agent' – TPA shourd be the highest aauthcnity in your organ,eafion wwIw Is authorized
to sign repol documents on behalf of your organization, (Only one Arthorizod Agent is allo%vd a" this
person will have full W.Coss.faauthor4y unf ms otherwise requested)
Black 2: 'Primary Aaanl° – This is the peirlson designated by your agpan9zerlion to =@lye all
correspondence areci rs our main point of conta" t, This contact will be responsible for aanw Ping grtostioras „,
Uploading r1ccumenis, and submitting repotts4equesm in FlIor aPA,crrg The Primary Agent is usually not
Ine Authorized Agent bin should be responsible for updating all intemol slakeholyders on all giant activities,
fOnty, one Prins,” Agent is allowed and tans ocanlact writ have fu =t access),
131"k 3. 'Alternate gent' – T'his is the person Oftignated by your argan¢alion to be wava"ble when the
Primary is non, (Only one Atlernote Agent is allowied and this contact will have full access).
Block 4, is. and 6: °Cutler' (Finaiace 'oint of Contact, Risk tatrana i me—nt °Insurance, end Iifrvironme[bal-
Hl Pic }, Providing Haase contatis is essential in the c matron and corrimunicartion required bet"en
%taft and local subject matter experts. We understand that the same.. agent may be identified In rnuttipale
Irks, however we ask that yoiu enter the no. no and information again to ismore we ere communicating
wills the correct indivlduafs,
Block 7 –12: °Ot erl (Read Only Access) –There is no limit on 'Other' cOrdects but we ask that this be
restricted to noose that are going to actually weed to loge in &W have a role in reviewing the Information
This designation is only for situational awareness purposes as IndivjduaM With the '01ther Read—Only
designation cannot take any action In FloffidaMorg.
EXHIBIT B Page 63 of 95
n
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
w-
VJ',,S'l(t-NA'tl0N OF All 1 11014 1 A (A(;VN'VSj
Fb:.%IAA;RANffX% Firlill.11C AS3J:VYAN(7Le VR0CpRA%J
BnY 9: AialborWd Agent ffull . coz s nor is Pdmma A (Full Artym)
)�llinij Addir" W. a it i nX Ad-4 mt
7m llrcr>e Tit" Twf 4 p1w w
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d;&wm 4--a�nx pqv-Mv'% ONJ oxmvtj by th" I iuveet m d 41 - el 1% 1 W 01 1 a CCWdK(S URY ht
PIP-'Vd o44 p%l 1�, Yl rl I 'VI 4 044 A WAV % 'I -,( -hil w Aij & Aly mh
Sub
EXHIBIT B Page 64 of 95
BOIL Jl: AlftrQ8110 Agent VFIJI ACOM)
ftx4-
Agrrr'- Nam
M7277RAte.
7m llrcr>e Tit" Twf 4 p1w w
- A p'� for ire
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'I r 7 a[t fp 'W drkl 'tivr '"% 0wSbaar"'rJ4
d;&wm 4--a�nx pqv-Mv'% ONJ oxmvtj by th" I iuveet m d 41 - el 1% 1 W 01 1 a CCWdK(S URY ht
PIP-'Vd o44 p%l 1�, Yl rl I 'VI 4 044 A WAV % 'I -,( -hil w Aij & Aly mh
Sub
EXHIBIT B Page 64 of 95
Orvmipmmn Y oft-ft
cjly, Sum 1.1p
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net
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vwp"" 'I 4"a"wq'�ou"J' I i' OW VAUT P , 611 I'MI, W-111 I JiI,kgL t �4 f M,: v, A, LV4
'I r 7 a[t fp 'W drkl 'tivr '"% 0wSbaar"'rJ4
d;&wm 4--a�nx pqv-Mv'% ONJ oxmvtj by th" I iuveet m d 41 - el 1% 1 W 01 1 a CCWdK(S URY ht
PIP-'Vd o44 p%l 1�, Yl rl I 'VI 4 044 A WAV % 'I -,( -hil w Aij & Aly mh
Sub
EXHIBIT B Page 64 of 95
36
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
SILNICNA1 ION 01 A1
I I'll) It I I 1A 01% IS110
Of VA I lAO'N( I NIANAC ANILN I
Date:
Box 7: Omer qittrA twv 4ct'vo-1
2kit 9: Other mcmikinluixeii
Atev's
I
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Box I@: Other Mx*10n1yAgtAl
TSaEr- Addrcu
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NOTL Thy fipsm ak,"!d bt iew~d RaW gwCooh eOwks 0"R61 k wade Owh r4LWwg UR mmomw� Wkwoll te�v%"Ufll
1hwL Hgvu! a.11 liow wv VNxlv� ",, �,r oiwe t crim. to tht fjd, i�&w" mvr^� ;, s'oo mmwm A nr% iwm -, Aw aw ta "*,j 3 60
14'et u'gwt:!)m fi.11n, a 3l «w. ol I'I'm"Jall's mll[ t V4 t'w-a wid O"r 'Otlw lgaw *%Wt wA "pWV no
qlhJJ)k dw ex"W'XIO w tI& PNN4MI rw
REV. Cr". M1 twiNvirm vKxAtgw$plx'%
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Z-1:1
EXHIBIT B Page 65 of 95
sm
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
.17
a. It POU"Ses legal alifftlity 10 apply For ft grant, and to (manse and construct the
proposed facilities, that a resolution, rmofkm, or shnflar action has been duty adopted
or passed as an official art of the Sub - Recipilont's governing body, authorizing the faing
of the applicaticor, including all underslaMings arid assuiances contained therein, and
d recting and authohring the person identified as the official toptasentativa of the Sub
Recipient to act In connection will, the application and to provide such addlional
informaWn its may be required.
b. To Cho boil of RE MaMedgis and baref the de aster irollof work described on each
Federal Emergency Management Agency IFEMA) ProiIact App,cauop for which
Federal Finaricial assistance is requested is efigible in acoo(donce with the crileiria
c in 44 C F R § 206, and noplicabIet, FEMA policy docwranm
c The ernotgancy at disaster Peliel' work theiroin dwribed lot which Federal peelame
Is requesCed Wounder does not, or wO W. duplicate benolilts wailable for the sarne
loss from another sowce.
3) The Sub-Recipient further assures it VAII:
a. He" sufficlenif funds awagable to meet the non-Faderal share of the cost for
contlr"liorl PrOcts SulfiMisint fundswill be availabte when Oon*lruclaon is *Onqxatod
to assure effective operation and maintenance of ft facility for the pvrpo"
consiructod, and if not It will request a warver Irom the GovLornor to covet the c*sl,
b- Ralrom from entering into a construction convact(ilt for Irio project of undertake other
activities, until the eond4k)ns of the grant program(s) have been rnet, all contracts meet
FIR&FE11. Stat0 and 16M regutations.
c. Provide and maintain cornpatent and adeqvale architectural engineering supervision
and impaction at the consiruclico site to enswo %41 the completed work conforms to
ft appfov6ti plans and specifications, and w firimish progress reports and such other
Information as the Federal grantor agency may need,
d Cause work on the pircist;f to be commenced wmin a reasonable time after receipt of
flotiflcat n f rem the approving Federal agency that funcis hoya boon approved and will
see that work on the project will be d to complolloo with reasonable diligence.
e. Not dispose of or encumber its fitle or other inleresir, In the 44e and faclities. during the
period of Federal interest of Write the SmIrrim.ent holds bonds, vifthaver Is longer,
I. Provide w4houl cost to the United State and the Glonteelltecipieni all lands„
OaSeMenlis ON qhls•of-way necessary for a�4-orrtplishrnenj of the approved Work and
will also Ww wrO sore v* vmed States and the Grw free front damages
d ve to the approved work or F Oval tending
C ElsioltAish, soloquards to pTchibill, employees li(yv using their positions for a purpose
that is or gives the appearance of being motivaled by a desire for private gain for
EXHIBIT B Page 66 of 95
�R
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
M
Ihernset or others, particularly those vAh Wft they have family, business, or other
lies.
h, Assist the Federal grantor agency In is Dompbance with Section 1% of In* Nationat
I^tlstortc Preservalion Act of 1956 ®e ameritled, Executives Order 11693. and tile,
logical and Hisloaical Prey ion Ael of IM by,
I cansuking With Me dale Hisloft Preservation Offkw on 1ha condud of
investigations as necessary, to id idy properties listed in or eligible tot
inclusion In the National Register of His o tc Pieces that are subject tp adverse
efts is (see 36 C.F.Ft Part M $) by the actively, and notifying the Federal
9MnIW agency of the existence of any Such p rties; and
ii. by complying wish all requirennents established by the Federal gramor wJency
to avoid or moli ate adverse ei'leds upon such ptopedlea
i mitre the sponsoring a arty of the Comptmileir General, thr"gh any auftrixed
representat access fo and the right to examine all le0oirds . boc* *, paoars, or
6ocumenta related to the grant
I Mh respect 10 deawliFon activ+li;a.
EXHIBIT B Page 67 of 95
- - - - - - - - - - -
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, Fl. 33040
Project Management
39
k, Require lacilAies to be designed 10 comply Witt) 4:1110'Amorcan Standard Specificalro"s
for Making SurI&ARS and Facillies Al=efisl4te to. and k1sacte by the Physically
t Number A1171-1951, as rnodifiad, The $U6t Rdctp�ent will be
rezpcosible Jot condilcting inspect to ensure compliance with these specificalions.
by the contractor.
I Promde an Equal Employment Opportunity Program. if required to maintain one, where
the appItcotion Is for SBDO.ODD 90 of more.
In Return overpaid funds withm the forty-five (45) day reqw4emunl, and if unable to pay
viiiiiihm the req. red time period, b working with the GionfeefRecipionj in good [s4h
10 agfeS U06A 0 WAyrnent drale.
n In the event a Federal or'Slale count or Federal of Stale administrative agency make&
a finding of d4swrfirration aftey a due process hearing on the Grounds of race, color,
religion, national origin, sex, ordisobility ti) lost a recipient of funds. forward a copy of
the fricitrigi to the Office (w Civil Rights. Office of JusVoe P(ograrns,
4) The Sub•Recipient agrees 0 will coreply wAh the,
a Requirements of all provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Acl of 1970 which provides for feir and equilaM lraMmerrt of
persons displaced as a result of Federal and Federally-assisted pmWams.
b Prow�siorrs of Federal low ifoand at 6 U, S,C, § 1501, ol- seq, which p�,mj cediain political
Pctw4ies Of VrPfOYeSs Of a State W local urld of govelfirs'non't wrrose principal
omp(oyrrionl is in connection with an activity financed in wholo of in part by Federal
grams,
C, PnNislons of 18 U-S,C, % 594, 698, and 6004W5 rallarling to elei;Wns, relief
appmPrIallons, and ernploymerit, conlftullf:ins, and gollcUtions,
d imum wage and MaXimurin hour's provisions of the Federal Fair Labor SlaWaids
Acl.
W Contract We* Hours and Safety Standards Act of 1962, freqwfing that MoctlaruEs and
laborers (Includiqg watchmen and guards) employed on Fedefatly assisted contracts
be paid wages of not leim then one and one-half limes their basic wage rates- for all
Furs worked if) excess of forty hours in a work week
11'. Fedoial Fa4 Labor Standards Act, reurring that Covered OMP40yees be paid all W94
the rnintmum prescribed wage, and also Plot they be paid one and one-hall limes it
baste wage Islas for all hauls work ed in excess of the prescribed work-wook.
g, An"icktilwk Act of 1986 wtikh outlaws and pre ms Parilliftiss; for "kick- bads' V
wages in Federally financed or assisted constrWlon 20tivitles
h Requirotnerels imposed by the Federal sponsc ring agency concerning sp*ciat
requirements of low, program requirements, and other adinintstratrve firiquirementi; It
further agrees to ensure that the facilities under its ownership, lease or supervitrion
which are utilized sri the amornplishmaril of the project are not listed cin Ow
Env9ronmental Protection Agency's (CPA) list o(Violift-1 Facil and that it wilt notily
the Federal grantor agency of the receipt of any communicalion from the Meclof of
PT, EPA 0116ce of Federal Activities Indtalog the a facility to bt used in the proled is
under co,T%4 for listing by the EPA
1. FrDod insurance pue4haw r6qtfikloments of Section 102(a) of the Flood Disaster
Protection Act of 1973. wNch requires 1hat on and after March 2, 1975, the purchase
tit Wad insurance in ccenmunities whare with Insurance is available, as a condition for
the r®rcept of any Federal financial assistance lot construction of acquisition purposes
for use in any area that has been iderifillied by the SKrifflary of the Department of
Housing and Urban Development as an area hawng sp"ral flood ha rands The phrase
EXHIBIT B Page 6 8 of 95
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
40
'1- .oral financial assisionoo' includes army form of loan. granL guaranty, Insurance
payment, rebate. suds y. disaster astpisionuo loan of grant, or any other form of direct
or indirect Faidensl assistance,
J Ilrisufance requirements of Section 314, PL 93-208, to obtain and mairiflain any other
Insurance as may be reasoriablis, ume. and necessary top against further
loss to any property which was reptued, restored, repaired, or consinmAed with this
assistance. Note that FEMA pravii;les a rnechan�srrt to modify this Insurance
ireQuiiement by riling a request for an Insurer e Commissioner Cer11ft,4 (1 CC) r-Q
U - T ,
slala's insurance commissiorier cannotwaive Fedefal insurance requirements but may
Carty the typos and extent of insurance reasonable to pirolerl spnst future loss W an
insurable lm lily,
k Applicable provisions of Title I of the Omni bw Crime Control and Sale St Act of
1968, W amended, the Juvenile Justice ard Delinquency Prevention Act, or the
Victims of Crime Art. as appropriate: the provisions of the current ped4ion of the Office
of Justice Programs Financial and Administrative Wide fair Grants, 71001: and alil
other applicable Federal kpws, orders, cliculm. or regulations. and assure the
compliance of all its Sub•Reciplenta and cortlirwors,
Provisions of 28 QF.R. applicable to grants and wopeystive agreements including Pan
W Administrative Review PTocoduw Part 20. Griminal Justice Information Systems:
Part 22, Con1fiDdentlalft of Id le Research and ical Inforination: Part 23,
Crimnal fritelligence Systems Operating Policies: Part 30, Intafgavemmantal Review
of Department of Justice Programs and Activities; Part 42, NiondiscriminatioNEquali
Employment Opportunity Po0ows and Procedures; Pon 61, ProcatSures for
Impl the Nafional Environmental Paliry Act: Paid 63, Floo0plawn Management
and Wellaoid Protection Procedwes, and Fedlarad laws or TegWalions appphcable 10
Federal Assistance Programs.
m Lead-Based Paint Poison Prevention Act wtkh prohmits the use of load based paint
in construction of rehabilitation or residential 41mictur",
n Energy Pobey and Conservation A0 and the llions of the Stale Enargy
Conservation Plan adopiled piursuan! Iltereto,
o, NoripAisaiminalkwk requirements of she Omnibus Crimps Control and Safe S1 is Ad
of 11M. as amended, or Vams of Crimps Act (" appropriate), Section 504 of the
Refoblilitstion Act of 1973, as amended, Subtitle A, Titla 11 of this Americans with
Disabilities Act (ADA) (1990); Title IX of the Ed ion AmendmeMs of 1972; the Age
DiscirimInailon Act of 1975: Deparilmilint of Justice Non-NsemonaMn Regullailions; and
Department of Justice reigUIVAiGin.5, an disability discrimination" and assufa the
mimpbance of sfl its Sub-Redplards and contractors,
p Provisions of Section 311, P,L 93-288, and with the Civil Rights Act of 1964 (P,L. 83•
M) which, In Title M of the Act,. provides that no person in the United States of
America, GranleasMeopierils oiall, on Vie groufW of face. color, or national wigin, be
excluded frorn participation in, be denied the benefiflis 0, or an otherwise outijected to
disairninalion under any program or activity for WIN1 Ine Sub�Rpecipianl recer"s
Federal financial assistance and will imm"ately lake sliV measures necessary to
effectuate this agreement If any real property at structure is provided or impfovvid with
the aid of Federal financiN assistance extended to the Sula-Recippent, this assurance
shah obligate the Sub i-Reciptnt or in the coso of any transfer of such property, any
transferee., for the period durit5g which me feet property im structure is used for a
purpose for which the Federal financial assistance Is extended or for another purpose
involving the pirovision of similar seiwei or benefits,
q Proviskins of Tate I:X of the Education Am meals of 1972, as amended which
prohibits discrimaAnition on the basis of gender
EXHIBIT B Page 69 of 95
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
11
r Comprehenshre Aloohpi Abouse and Aioahatism Proventlon, TrestroenR and
Rehabilitation Act of 1970, relating to nondiscriming4ion on the basis of skohot abuse
is. The prWsions of the Coastal Barrier Resources Ad (P,t. 97.348) dated
Octob 1.9. 1 M which prohibits the expenditure of si Federal funds
EXHIBIT B Page 70 of 95
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
This assurance is giveit In consideration of and for ilae purpose of obtaining Fadi4al grunts, loans,
reirnbursemerils, advancos costilracxs, properly, &. andtor othar Fe efai financial a ssistance
extended to the ut;RerclpieO by FEKA The Sub Ftoc.plent understands that su fr Federal Financial
assistance Wilt b(= oxtendod In reliance on the re r sentotions and agreements made in this Ass urance and
that both the United States and th rilrrlta )Aectpirant have the toint and 4owral rghl to seek tudreial
enforcement of thin assurance J'his assurance is binding On tha s successors, trrinsfrras ,
and rlssigne'-as
FOR THE SUISGRANTEWSUO- RECIPIENT ,
1 ,
siatrrr,� .m .0 . _. aw
Minted Name and Tilw DOW
n
EXHIBIT B Page 71 of 95
EN
Attachment F
9PRRM, W141=1M. 4 - =11L
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, Fl- 33040
Project Management
In order to elect to participate in the PAAP program for one of Itte folow options. you musil read the
Quidence loura at Nvlm r vmye and than complete the required
dockvinents on Via following pages The doC%rMents can be found undw the Permanent Work section of
the %mbpaga in edlable,pdf formal If preferred,
Public Assistame for Alternative P res POW Program for Deb6z Removal
AcknoiMedgerneint.
18 *1 19
MONO t "Aw" PENUOIX A M 51 0 1 11�1'J
eAAP lot nly 0 4 ) "P'
- PpL ppMq&Ag&,qo
qvkf'�: marto"'Onwirn Aili.
0 Fhod SubgraM Agirearnent Letter
v, qro' -I 'un
'T/ YA jM
-11y, 2�
• Public Assistance Alternative Procedures Piloil. Program for ParmaneM Work Acknowiledgemem
All PAAP Related Documerils ggujdes. Fact Sheets, Standard Operating Procedwres, FAOs, Airch.1yed
mss, etc.) maybe foumd at I'AtvN 0" uo -"
Note, PAP PRUI Program Gwde for Derids ReAwmf (1110mi 5) pubWed June 24 201 mvpWu 11vo
for o w virl gr rha ng o 5:
The Public Asoisionm Aftemative Pmceaures PlW Prop MM for DeMs Removal has beeh extended for
one year to June 27, 20% As pan of the extension, FEMA willor4y authorize the slidifig scale pfoviblon
in events with significant debris impacts The other three pfavisons available under the Pi,!oj remain
unichillhged
For dIsaslars dutfa;ed orl of after August 28, 2017, FEMA Is limiting the usage of the p sliding scale
PfOYiNiOn to high impw,1 incidents that meet the following chilaria hQh iconcentraticm of localized damage°
EXHIBIT B Page 72 of 95
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44
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
large quantities of dobft (o"r $2 OM or 1,5 moion cubic yards): sinddisasters. docketed very Soon OW
the Incident (8 days) to 4noenlivizo sapid debrit seraDval
ThIs guide ts appheable tb disasters declared on or after June 28, 2017, The changet, to the OONV mb
provision are applicatite to di4asters declared wn or Mier August 28, 2017, This vvsirin of the pilot
guide supeis(4(m the ore"us oil*( quicre for debris removaR (V4) which was published June 28, 2016,
EXHIBIT B Page 73 of 95
EM
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
OR
Public Assistance Alternative Procedures Pilot Progrom for Debris Rentows I Acknoydedgemortt
- &3 — or RiLdML& Fin a r�L
ce
Printed Name and Tille
M90M Counly
Sub-Recipient Nome PA ID Number
o We elect to DgLpartkoste in the AllernailWe Proceduires fat Doixis Removal
EXHIBIT B Page 74 of 95
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
46
FIXED SUBGRANT AGREEMENT LM
;; ;
To Addregg
As s Public Aswtance (PA) Sub
(RA itJ _ . .. .... j, m rdam with Section 478 of the Roben T. Salford Disaster
Reef and Emergency Assistance Act„ we agme to accept o permanent Wont subgrant based on a fixed
eatimate in the arnouni of 5 fare rent number (copv stt )
under Disaster # We 2CWt responsibility for all coats above the fixed estim
Stnelvre of Sbb- Recipient's Authorized Represergetive Dale
Framed !Name and "Title
Signature of Gfanloe'S AUftw Representative
RriMe�l f+fa ne and TNib
EXHIBIT B Page 75 of 95
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
1E
Publile Assistance Alternative Procedures Pilot Program for Permanent Work
MkildvAodgarnent
In accordance with the Sandy R000vety Irnplovonont A91 of 20134 the Fadural Enseiguncy Manwoment
Agency ffMA) is implementbg aiiernatiVe pfocedWOS for the Public kmistance (PAJ Program through a
V1101 progrant As a representative of the Sub oar agency und stanc;s the foltowing:
1. We plan to parscipsto in the raf-I&Mrig elements.-
Signature of Sub-Recipient's Authorized Represent atwe Date
Swb�Recipient Name PA ID Number
We alert to not participate in the Afternative Procedures for Peffnamenq Work.
EXHIBIT B Page 76 of 95
48
F-TIMMMIM
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
GRANT Erz'SIRIEC91PIkN—T� EB-BASED PROJEC7 MAN 89JMENMAJEMJFIoridaP`A.org11
Sine-Rectp*nI 5 must use lhu Grantee's,'Recipmrit's wo-based project matiagemenj system,
Flondalp&wg, (avaifable at wwv,FtoiIdaPA,or9) to access and exchange PrOJOV W*rmotion with the Stele
Vitwo9houl ilia project's life This inctudes pie oesorng advanws, reimbursement requests, quartorly reports,
final inspmfion &rhedutas, change requests, time extensions, and other services as identitsod in the
Agreement Training on this sysleffi will be supplied by the Recip Vporr request by the Sub - Recipient,
The Sub-Re 4pient is rouired to have working know "o of the FlofldaPA,org system
The Sub-Recipient must maintain all source documentation supporting tM project costs To facilitate
closeout and audits, the ApplicaM shoWd file all documentation pertaining to each project with the
corresponding PW an the permanent record of the project, In order to validale Large Projac4 Requests
for Reimbursement (RFR%). all suppo" documents should be Wooded to the FlofidaPA or website.
Contact the grant manager with questions about how and where to upload documents. And for assistance
lir*Aq coinwon documents that apply 10 more than ons (1) PW.
The Sub - Recipient must retain suffidant records to show Its oDmplianct YAh the terms of this Agreement,
Including cocumentafiDin of all program costs, In a form sufficient to delermilse =npliance with the
requirements and objectives under this Agroernam And all other appticable laws and regulations, for a
period of live (5) years frorn the date of the SU6446COOF11 OCOOLMI Clossoot by rEmA
The five (8) year periad is exleintlad if any 10gation, rlalnrt or aWit is staftil Wore the five (5) year period
expires, and extends beyond the five (5) year period, The records must then be retained until all lhigation,
dalms, or audit Indings involiiiiing the recooft have been resolved
Records for the disposition of non-expendimble personal property valued at $5,ODOW of M(We at the time 0
is acquired must be Mailined for ftm (5) years after final account closeout,
Records rekdft to the acquisition of real property must be retained for five (5) yem after final account
closeout,
Interim Ins ons may be roquinted by the Su"ecip'leml, on both sm.11 and large projects, to:
I. conduct insurance monolet ions
!I renew an alternate amps of work;
iii, review an Ovroved scope of work; arvWor
Iv validate scope of work andlQr cost
IrAW4M Inspections my be achoduleo and submitted by the Recipient ", a r@Qijesl in FloridalA org under
the foltowting conditions
i a quarterly report has not been Updated between quarters,
It the Sub-IReciplant Is not submltj� Requests for RaImburmnant (RIFIR's) in a
timely manner,
EXHIBIT B Page 77 of 95
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
iN, requests for a Time Extension have bftn mitift JMt exceed the Grantes'sf
Reoi*nt's aulhorlly to approve, andfor
iv. there are issues or concerns adefrldied by Cho RecVierill that may impact funding
under than egfte
111. + • ■ r � ,�
The puapvr of closeoul is for lho Serb - Recipient to ceady shat 811 has been compAeted To ensure a
1,0101y closeout process, &hie Suo•Rrrcrpient should ncIrfy the Reci nt within sixty (60) days of Pr fect
cc nlPtetron.
The Sub-Recipient should iiwude the following inforimaUon w&i. As closeout request:
+ Ceirl ificatian that project Is can e;
• Dale of project completion; and
+
C008s. of any Recipient time extensions.
Witt 0*C01Ytion of Fixed Cost Estimate Subawards, Ntwnate Profects and Improved Projects where final
costs exceed FE MA's original approval, the final ad fible amount for a Large Proloct is the actual
documental frost of the completed, aDgible SCE Therefore, upon complefion of each 1-4490 Project that
FEMA obfigated teased on are estimated amount, the Sub-Raciplent should provide the dccurrienlalxan to
rtupporl the actual casts If the actual Costs significaniVy dMfer from the estimated amourm, the Sub.
Ren itent should provide an ex variation for the significant difference.
FEMA (evolwo the documentation and, If npct%srary, obligates additional threes or reducers funding taased
on aclUel costs tta c replete the eligible SOW If the project included approved haaxttr4 m-41 1ton
measures. FEMAdws not re-evskialle the cost tiveness of the HUP based on that fiscal actual cost, if
during the review, FEMA determines that the Sub-Recipient perforim work that vm not included M the
approved. SOW, FEMA will designate the project as an im raved Prqecl. cap the funding at the original
estimated amount„ Ord review the addit nat SOW for EMP conviiance
ror Mixed Cost Estimate Suba Ards, tho Applicant must provide docurnazilatlon to support that it used the
funds in aomvdance with Itte alQibiliry criteria described in the PAPPG Chapter ZVfI Ca and guidance
pfiVMT --d psil'fik`, � ..t itvn; ...��C..r,1rij. "k',Lltv""'k
In these cases, FE-MA only adjusts tits cific cast items affected
It none of the aboye applies, the Sub.ReClJ5*nt may request additional funding M vie total actual cost of all
Of its Sa°tall Projects combined exceeds the total arnount obligated for all of its Smelt Prof s, In this
case, the Sub•RReclpeenl must request the w1ditional funding through, the appeal process, diescribed In die
EXHIBIT B Page 78 of 95
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
PAPPG Chaplet 3-lV,Q watilin sixty (60) days of ccmWelion of its last Small P;qect F MA refers t o this
as a net 60,011' prcpect overrun appeal the appaow ntust include a ctual cost d uniaii1avoar for eIt Small
Projects Oral FEMA originally funded teased on estimate amounts.
To onsrrra that all work tins tarn parlormed within the scope or work specified on the Project
Workafieets the Recipient will conduct final Inspections on Large Projects, and may, al its sole discration,
serest one or more Small Projects to be ingpeded, Costs determined to be ouls4o of the approved scope
Of Weak andrdr culslde of the apprcsved pp: rfofrnnia ce period can not be reimbursed.
T„ tTEN I M
FEMA only provides PA funding for Worts conri plated and costs iiwurred wilmrp regulatory deadlines The
doodline for Emergency Work Is a months from the declaration date, The dea dbrre teat Permanent Work is
16 amonihs from the declaration date.
T9 Of M* Months
Emergency Work 6
Permanent ft* 18
R the Applicant nt daterrrrrnas 0 needs adoilkmal tha'6e to complete the prixoct. inclutimpf direct adrivnisttartive
tasks totaled to the project it must spb5inA a written request for a time exle aion to the Recipient With the
Following information
• Documentation a slanGa6ng delays beyond Its c I;
• A detaalfed just' ion for the decay;
• Status of the work: and
• Tho project bmeluse with tree projected r ya m pletion date
The State a FDE41M1) has the authority to grant tirn"tted time exlensxons liaise on exbonuating circumstances
or unusual project requireerrienta beyond the central of the Sub=Rftipiont
It may extend Emergency Worts prof is by 6 rrionths and Per naneot Work pr is by 30 months
FEMA has authority to extend inalmdual prca;„ t headlines troyond these timelrarnes 11 exilerieriting
circumstances i ustify addlionat Mire This applies to all projects w0h the exceptxan of those funded under
the PAAP Aa aleraated Debris Removal procedure and prof is foe temporary facilities.
With exception at debris removal operaliots funded tinder the Accelerated Debris Removal Procedure of
the Alterna live Procedures Pilot Prograrm FEMA generatty considers the liallowing lo be "tenuattntg
circumstances beyond the Applicant conifof
• PetmAtin g or EHP canrpitarce ref ted oatays flue to *that agencies involved
• Environmerrlal limitations (such as short construction window)
• Inc*ment weathw (site access prohibited or adverse impact on construction)
F EMA 9anesattly considers the following to b0 circumstances D hMn the r�a33r�ra f r� >rlrcarrt and rtef
ra��i4,'„� , �l9ne eatlensioan
• Permilpng or Ctiaironmental delays due to Applicant delays In requesting perm As
• Lack: of Fundmg
• Change vt adminiaraticin Or cost accOunling system
• Compilation of cost documenlation
Although FEMA only provides PA funding for Work, perrforrnod on at before the approved deaadline, I1),o
Appivaril must still cornplato the approved SOW far funding to be eligible FEMA dec*ligale5 frond rtg fiat
any project That the Applicant dots not complete It the Aprp t tint comgttetes a poion of the approved'
--
EXHI BIT o
n
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......:..:
sm
In
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
SOVV and tree completed work its mstinr i from Me uneorripleted work, IFEMA only doobligalers funding ice
the unicompleted work. For examp4Q, it one prqoct incl4 ea iupds for three facilities and the Appikant
restores only two of the three fatalities, FEIJA only deohligattiri the Amount raWed to the facility thol the
Applicant did not rostofe
Request should be submitted prior to current approved deadline. be specihe to one project, ,aril fnclrrdB
the folrowing Information WAh supporting documentation
+ es and provisions of all pfavious time extensions
•
Consltudkm limelins J prajari itchadule in support of requested time
• Basis for time eMensaon requa ti:
Delay in obtaining permits
• PerrnAting hgoocies involved and appllcalian vales
i Environmental delays or hrmtalaons (tl g., short construction window, nesting seasorss)
Dates of correspondence with various agencies
+ Specific details
• Inclement weathei (prolonged severe weather conditions prohibited access to thm area, or
advairsely Impac construction)
C. Specific detgits
Other reason for delay
c Specific details
Submission of a request does not automatically grant an exterls *n to [tie panod - of performance. Wohoul
an approved time exlansion friom the State of FE (as applicable any eXpeA incurred outside the
P 0 P are Ineligible,
Ii.i�;FT`f+7
The Sub-Recipient understands and ag rees that disaster fun" for inturebfek facilities provided by FEMA
is inilloaded to supplement. not irepine, financial assistance from insurance coverage andiror other souroes,
Actual or anik..0atied insurance proceeds muist be ded led from all applicable FEMA Pubk Assistance
grants In order to avoid a dtiplicabon of benefits. The Sub- Recipient further ufederstan4s and agrees that If
Pubic Ass!Nlmty. o funding is obligoted for Work Ihal is subsequently determined to be coveiO by Insurance
andhir trtW sources of funding, FFMA must doobligate the funds per Stafford Act Sections 101 (b)(4) and
312 (c).
As a oond6on of funding under this Argroomerit, pursuant to 44 C.F,R. §§ 206,2$Z253, for damaged
faciNles, the Sub- Reckpiant understands iii must, @M it agrees to, maintain such types of Inswance as are
rea sonable and necessary 10 protect against Mute loss for %a anticipaled life of the restorative work of the
mmured faulty, Whichever Is Tosser. Except that the RKiplorit 80nowledg•es FEMA does no; require
urance to be oblalned grad maintained for prniects where tike total eligible damage Is less than $5,000
In a.ddition to the preteding requiramenls, Ihie Sub-Recipierit under- stancM d is required to obtain and
mairit n rnsuffin on ceraain permanent work pri ecK in order to be eligible for Public Assistance funding
in fvnure disaslors pumumnl to § 311 of the Stafford Act As slaled In the Slallorif Act, 'S -h ov erage must
at a minimum be in the amount o f the eligible projOct costs Further, the Stafford Act„ requires a Sub-
Recipient to purchase and maim;un eraurence, where that lnsurance Is 'reasonably available, adequate cw
necessary to protect qaInst future loss' to an insurable facility as a condition few recelhAng disaster
assistarx funding. The Pu4k.Assislame Program and Policy Guide further swas 'If the Applicant d a
not comply with the requirement to obtain and maintain Insurance, FEMA will deny or slaobllgate PA funds
from the current disaster,' It the Slate insurance Commiss4onot certifies that the tMe and extent of
insurance is noVeetasoombly ava• able. adequate or neceissary to protect against future loss" to on insurable
facility, the Rogionall Ad'ministrwor may modify or waive the requirement In conformity with f h4 cartificarlion.
The Sub underslar4s and agree* It Is responsible for being awa re of, and complying wilts, all
insurance considerations oontained in the Slaf cl Act and in 44 C-F R §§ 106 262.253
EXHIBIT B Page 80 of 95
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IN
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, Fl. 33040
Project Management
IN
Sub-Iteciplient agreas to wbi the RNVIOM in writina within thirty (30) drays of the date it b s
aware of any insuraraco mverage Per lh& darnag(a identibeis vas ift applicable Protoct Worksheets and of
aiiy entitlement to corraparasatiora er irsderrinil, shoal from Saar§ in$Urance TheSvo-feciplunt further agrees
to provide all pertinent insurance inf€Arrriation, tridudiaag but not timiled to copies of all gatf7itlai s_ declarations
pages, Insuring agreements, conditions, and exclusions, Statement of t cars, and Sfatemeol of Values for
each insured daintiaged facility.
The Sub-Riecoant underistainds and agrees that d is mq ulm# to purs payment under alx insurance
pot a to the beat ad its ability to maximize potantial qwmra available.
The$ub-41sclipilent understands it array not race" lbnd . under this Agmentard to payfordarniagecovered
by iinsurence, nor may this Sub-Recipient rectim any other duplicate benefits from any somice whatsoever-
The Sub- ROcipierat agree to reimburse this Recipkof if it receives any duplicate benefits, from any source.
for any rdiamnge identified oin tiara applicable Project Workshifeis, for which the Sub- ReGapiant has rec*ivod
paymanl from the Recipient,
The Suti-Reciptent aapr to notify the Recipient In w rating wahin thirty (30} dpA of the date it becomes
aware of the posslbie avNIatilmy of, applies for, or receives funds. regardk= of the source. whlcli could
or%akrty a considered as duplicate beaeliii
In the event ft Recipient detorrni es the Sub iplort has rived', darptl to brifinabW the Sub -Recipient
gives the Cranteral Recipient anWor the Chief firianctet C,tffi r of the State of p ri(ixa, trial express authority
to offset The amount of any such duplicate beniafrts b withho them from any other funds (Aherwise dsre
and payable to the Saab ticipirrni, and to use such reined "* as may be available a(Imintsiralivety, art low,
or at Misty, to recover sued bonelits
r NMI
The sub- Recipient IS iiespomilge For the InIplentonit8tion and completion of ft approved projects described
in the 'set W orksheats in a manner acceptable to Raciplai and In accorda with applicable Local,
Stale, and f'eaderat legal requirements.
III applicabo, Me contract documents for any prooct undertakers by die sub- grantee1Sub Recrdil ®nt, and
any land use parwAled by or engaged in by the Sub-granteelSO-Recipient trust be consistent with the
local government comprehensive plan.
Tike Sub-Rapipieni muFt ensure that any deveropment or development order compares wh all applicable
p4onning, pe rmlifing, and building requirements including, but not limited to, the National Environmental
Palley Aet and the National Histi Preservation Ad.
Thm Sulti-Recilaient must engage Such competaiit, property licensed, engineering, envirora lontal,
archeologlical, building, and other techri end professional assistanciii at all PMOU skis as may be
fteedecl tit orat i that the PA-40CI complies, with the contraci documents,
PRI C alts ty�
rtho gh Marge pros payment rnust be based co documented actual costs most Large Proeacts are
initial approved based on estimaletf costs, p urii are tnaft available to the Sub -R pient when work is
in progress and funds have been expended wets docuirientatson of costs tav,aatable When all work .
associated with the pr( act is caripore, the State will p ftotrtn a recootilialion of actua costs and will
transmit the infolm ation to t°bfAA`t for its consideration for final funding adjuritri (S CIr e).
The submission from the au ecipiant requesting this reimbursement must irkhrde
a} a Request for Reimbursement (milable In F . aPA.oir9 );
EXHIBIT B Page 81 of 9S
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
b) a 'Summary of Documentation (SOD) "Orr is 14W Rei ntrursemenl Dei ail Report in
FlerldaPA,org and is Request lor R- timpursement is subrrsrtted
(and is supported by coples of original documents such as, but not trrnded to, mile"
ddHt mtrits, insufance potscles, payroll ro(A> els, warty woA lags, Invoices. purchase orders, and
change orders) ands
0) the FDEMt Cost Clcarni Summary Woekbook (found in the Forms section c7 FloridaPA. ), along
with maples of original docume -nts such as contract documents, Invoices, change orders,
calaamied checks (or otheer PI WI or expenditure), purchase orders, etc
t)VANCE6
Paryments, under tha Public Assistance Alternative Procedures Program (PAAP) are paw as an Advance
Payment No4 ithstanrlsraq Paragraph g) Funding, in the Agreement, Aese payments are not bound by
Section 2t 181( 16), Florida Statutes,
1. Fora Federally funded contract, any advame payment Is also subiecl to 2 .F.R , Federal OMB
Circulars A•87, A =110, A -122, and the Casts Managenvant Improvement Act of 100.
2. All advances must be held in an inier"sl-beaping amount with the intojost being remitted to the
ftftOient as offer. as pradicaable, but not later than ten (10) business days after the close of each calandar
quanler,
3, In older to prepare a Request for Advance (RFA) the Sub-Reelpiont must certify to the Recipient
that it has procedures in place to ensure that funds are disbursed to project vendors, cwlracloss. and
subconleactors without unnecessary delay , The Sub-FtecipieN must prepare and submit a budget Chart
co,mainss a limeline picijocung future payment schedules through farojed completion,
d A separate RFA must be completed for each Project Worksheel to be included in the Advance
Funding Payment.
, The Sub-Recipient must complete a Request far Reimbursement (RFRJ via FloridaPA.org no endro
Ihan rimety J90) daps alter receiving its Advance Payment for a sprrcdic pf0jeCL The RirR mast account
for all expendilures Incurred while performing elagib work rtocumentaaad in the OWICOb're Pfeject
Works Met fair which the Advance was moeave(j
fi. tf a reimbufsemanl has been paid prlor to the submittal of a request for an aadvanee Brat. an
Advance cannot be aoeepted for processing.
7. The Recipient may advance funds to the Sub-Recipiw, not axoseding the Federal share, only if
the Sub - Recipient maets the following conditions;
a) the Sub- Reelpittint must cedKy to the Redpierd that Sub•Reclplertt has procedures in place to
ensure tfiayt funds are disbursed to project vendors, conlraarctors, and subconirwAors without
unnecsary dellay,
b) the Sub - Recipient must submit to the ipi" the budget Supporting the request,
n
EXHIBIT B Page 82 of 95
is
54
Min 111
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
How much does a DUNS number cost?
Wlhy does my Instlitullon need a DUNS number?
New regulations taking af1w,:1 Oct, t 2003 mandate inat a DUNS number be prov4ed on ell Federal grani
anid cooperative agreement appkWions, The DUNS number will Oftr a Way for the Federal government
to Wiv Match information acrd wl allencies,
Ir
EXHIBIT B Page 83 of 95
EM
55
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
How do I see If my Institution already has a DUNS number?
Call the full free number above and lnd,yale that you ate a Fodura] grant andfor coopermiye aptooment
OPPIrCatit D8,B will loll you if your organization Weedy has a n umbw assigned It not, they will ask if you
wish to obtain one.
Should we use the +4 extension to the DUNS number?
Although BIAS provides We sbi ,1 41V to use a 4•dt9lt extension to the DUNS number. neithe4 D&B not We
Federal government assign any importance to the oxtonsk> Benefits, if any, derived from the extension
will be at ywir instlution only.
Is there anything SPeclial that we should do for multi-campus systems?
Mul"ampus systems can use whal is called a parent DUNS number to aqgtegala InfortroWn toe the
system as a whoW The main campus will need I* be assigned a OUNS number 'Then ouch satellite
campus will need to ireferem* the main campus DUNS numb ew as their paient DUNS when obl"ing
their own DUNS number. For N114 grantees, If each campus submits grant applications as a unique
grantee ixgunizartion, then each carmpus needs to obtain their own DUNS inumbor,
Does the DUNS number peedl to be included on ladiviclual fellowship applications?
Yes with one ex on. If is the DUNS number of the sponsoring institution that should be put on the
application. Individual Kirschofewn-NIRSA fellowships fflart proposer training at Federal labor*5o6ifs do not
require a DUNS number
MW tioes the DUNS number have 10 do with the Central Contractor Regisley (CCR}, soon to be the
Business Partner Network (BPN)?
RegisViatiom in the CCR is mandeloty for anyone wishing to submit a grant application electron
9 1 TOU91`1 Grants.gov. Your w9anization will need a DUNS Akrobot' In ardor 10 register In the OCR The
CCR Is the centnall registry for organizalkins that haver Ived Federal contracts- 11 your organization has
received Federal contracts, it Is al sagisbered in the CCR. but this is a good opportunity No verity that
your organization idormation is up to date. For more information about the CCR, please visit the CCR
web site at www ccr.gov.
What should we do It our Institution has more than I DUNS number?
Your Institution will need to decide which DUNS number to use for grant application purposes and use
only JhW number,
Does this apply to non4JS organizations?
Yes. PiAs new requirement applies to all types of grantee organizations including foreln, nail-profit, for
profit as well as for state seed Federal governirnont agencies
Does this apply to non•competing progress reports?
No This new requirement applies only to compoling applications,
Are there any eXceptlons to the tim DUNS number rules?
Individuals who would personally receive a grant or cooperative agieeme,rif award from the Federal
gowernment apart from any business or non - profit organization they may operate are exempt from this
r0q;AfameAl Also individual Kjr5chsteiin.NRSA fellowships that propose training M Federal laborallorlias
do riot require a DUNS number,
Who at my Institution is tesponsilb4a for requesting a DUNS number?
This will vary (MM Institution to institution_ This should be done by scmeone krooMedgemble about the
entire structure; of your institution and who has the authority to make such deciGions. Typically this
request would come from l financet. department or some other department that conclude
business will a large cross Section of Oro institution,
EXHIBIT B Page 84 of 95
dan't want to be included rri any marke4ing list, 'What cm we do?
inclusion on a D&O maAetrnrg list is opbonal It you do not Went yoot narrsEdorganr taon included on ibis
mar keting lisi, request to be d -frsted from D& B's marrkefmp fr3e vrhen you are speal6rrq With a D&B
representative dionrr your CSUN$ number telephone application,
Who do we contact if we have questions?
It you h&ve questions about applying for a DUNS number, Po nta9l the Dun & Bradstreet spacial Pb
number 1. 865 - 705 - If you have questions concerning this new Fedor! -wide requirement, contact
Sandra Swab, Office of Federal Financial Man a ement, 202-395a 3993 or via e•rr ad at
Su tlt&- Form W
For the pn ipme of this Agreement, a S ub-Recd)iant is also a Vendor
The State of F'lorid'a requires vendors Glinting bsrsiness With the State to stahnn t a Substitute Fortin W•g Pie
e
purpose of a Form -g is to provide a Federal Taxpayer Identificabon Number gTthth, official ernley mane,
a business designation fsote pioprie4orstup, corporation, partnurshrp, etc i, and rather taxpayer irrforrnation
to the State Submission of a Form W•5 ensures that the States vender records and Form 1099 reporting:
art* accurate*, Care to specrtro State of 1=la6 a nequir€?rrrants, the State will not accept lire internal fjovesnuen
Serv::o Porn
Effective March h, 2012, State of Florida agencies will not be permitted to place ordols for goods and
sees or retake tnayntents to any vertdor that does not have a verified Substitute W ;1 on fife with
the Departmiani, of Financial Services, Vendors are rottweed to register and submit a Foans W-9 or) the
W 's Vendor Websue at 1i l" 1n uv r ��1 ... : _ rri_y! 49 fi
EXHIBIT B
P age
r.
t
t
t,
57
Attachment Fi
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
FEDERAL IFUNDINO ACCOUNTABIUTY AND TRANSPARE14CY ACT (FFATA)
INSTRUCTIONS AND WORKSHEET
PURPOSE Tti Federal Funding Accountability and Transparency Act (FFATAJ was signed on
September 26 2006 The intern of this lepla:lotlo +u Is tp empower every Arnerfcan with the abikly to hold
016 government accourilabia for each spondEng decision The FFATA tegistatitm requires information Oil
Federal awards (F ederal assistartCo and expenditures) be made available to the purt)ifc via a s ngre,
ismal cr t o vmbsft, which is hilp owmv lit ssp -w"I'n ^,r
The FFATA Sub-award Ree0irtirig Sysleon IFSRS) is the re rting tool the Florida Dw on at Emergency
Management (`FDEM or "Civrslon 't must use to capture acid report sub and ek +�d ra
compeollation data regarding Zst•tim sir +b Ards that obligate 325. or more In Federal: funds
(excluding Recovery funds as defined In section 1512(a) (2) o'The American Recovery and ReinvasGnerrt
Act of 2009, Pub L t 11 -b1
We, This °Instructions and Warn sh t' is moaril to explain the tegvirernenls of the FFATA and ®live
clarity to the FFATA Form distributed to sul> ardoes tar Completion All p€artfmnt iatonn'ation berow
should to filled put Signed, and retained to the pri ect rnsna filler.
The following Information alost be provided to The FDEM prior to the FOEM's Issuance of a sull
award (Agreement) that obligates $26,000 or more In Federal funds as described above, Please
rovide the following Information and rolurn the signed faro to the Division as re uested.
PROJECT N 4`!N 011 , r 9! r = L
FUNDING AGENCY; Fa( Er x rr eraCy ,tr rr gerrAO t A envy
AWARD AMOUNT: S F dkt ia. � J a•- zie .mi(t or t
OBLIGATIOMACTION DATE: d to Stote 01 f trs
SURAWARD DATE (iI aipplic8ble):
DUNSW
DUNS# s4:
'if your company or or aniratdon does not have a DUNS number, you will need to otslain onu treat Dun &
Bradstreet at E60-70A 5711 or is se the web form Err, tp rflc gov drib ccrnlweWarfv� The process to
request a DUNS number takes about ten minutes and Is tree of Charge.
BUS NAME:
DBA NAME (IF APPLICABLE)- _
PRINCIPAL PLACE OF BUSINESS ADDRESS
ADDRESS LINE 1
n
EXHIBIT B Page 86 of 95
EN
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY
W
STATE ZIPC0Dt44
PARE. NT COMPANY DUNS# (d applicablo):
014*41ii1taill N&GA � I � 1��
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
te eligible Pto,sftt for repair or replw�oment (A Disaster diw-mg114
. . ..... . .... . ..... J
ROSINESS): P`&WU.%L.A.4,CE (IF 4FFIERE-W TAAA PRJNCI PAL PLACE CA
ADDRESS L1144 1
ADDRESS LINE 2
ADDRESS UNIE 3-
CITY — . . .... .... . STATE ZIP C00E*411
0WIRIM19AV111112 RKMAU
"Providing ft Z.vp*4 lloswes %at the oornixg Congregsioml DiiMnct is reported.
E -,
I. 1, It' your troSinuss or organizalron's previo;4 fsSrW year, did yow business of ofganizalnon
(including parent otganizartion, all branches, and all offikater; wortdo4o) ree.ejye (a:) $0 perCee of
more of your annual gross revenues from Federal procurement c"iraclis (and subcoritfacls) and
Fedcral V"ndal assis to 9, loans, grants, subgrants, andlor couporaOve agretments, atc)
sub*,I to the Transparency Act, as defined at 2 GFR 170 320:, (b� $25.000,000,or' rno,re in annual
gross revenues from U S Federal procurarnont corArac-la (and subacinir;icts) and Federal financial
Assistance (o ,g, loans grants, subgron's. aniftir cooperative agrearrients. Mc ) subjixt to the
Transparency Act?
Yes EJ No
NOW OnSwOrto Question I Is "Yea,'" continua to Question 2. H Ole answer to Question I is "No",
MOW 10 Me signals arse block bellow to coappiefe the certification and sub►rituat process,
2. Do" lhe pkib4c have access to information about the compensation of the executive$ Irl your
bv&ines5 or organ ktaltion (including parent organizaon. all bta•mtres, and all affittates worldwide)
through periodic ropoft, filed under suction 13(a) or t5(d) of the Socur wa*s Eitchanlie Act of 1034
0 5 U,S C 78m�,a), 78*(d I) Socibn 6104 of the I nlemal Revenue Code of I# ?
Yes M No 11
It the answer to Question 2 Is "Yes, "" move to the signaluro block below to complele the
certification and submittal pro"ss, (Note: Securities Exchange Commission Information should
be accessible at btipl/Www.s".Sovianswo.tslaxecomp.htfn. Requests for Intorinal Revenue Service
JIRS) Information should be climcled to the local IRS for further assistance,)
If the answer to Que"on 2 is "No" FFATA reporting is required. Provide the Information required
In the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR'
EXHIBIT B Page 87 of 9S
I
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, Fl. 33040
Project Management
appearing below to report the "Total ornpon ation " for the five IS) mail hightycompensalled
"Ex cuflve ". In ran% order, In your or aniz Anon For Purposes of this request, ttm following terms
apply as defined in l C:F8 Ch. 1 part 170 Appentfix A
A " is defined as 'officief s, managing partners, or other empl in mainsigarritnt paaitions`
'1�pt 1 , _p#%t . p� is defined as the cash OPd noricas i dollar value earned by ft a live during the
mast 'gently corraplMed fiscal year and j rwh,rl€is the t�a9l ng:
I Salary and borms,
It Awards Qf stock, stack options, and sW.K appreciation n hts Use the dots r arywuni
recognised ftra financial statement replrrting purposes vildh respect to the fiscal year in
accordance With fhe ataalonieni of Fi aaaelal Accounting Stan4aids haaa 123 (Revised 2044)
(FAS 1233), Shared Raised Paymen
iii Earnings for services under nort oquity i4centive, plans This does nW include group kNe.
hearth, tulspitaati at on of medical rein'bur traent plans that do not discrirnovale in favor of
et euWas, and are eve, sable generally to alit salaried employeies,
Iv. Change in pens -,on value This Is the diange in present value of darned benefit and actuarial
penslona piano,
v, Above market earnings an deferred compen b n h is not tax -quaff
vi Other compensotitln, if the aggregate value of all such other carnpensaali n le.9, se =sera- -rape,
ter ma naiion payments, value of Isla insurance paid an behalf of the employoo€ perqui°sitee or
property) for the executive ex0o ods 1 OA0,
M • ! ! • V AL111hA -
Rank I
to
Loweg) (La M Willi
1-1111, 11 A IN .1.1
t
n
EXHIBIT R
SM
I
Attmholient l
Mandalary Contr t Provisions
51dni:
Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
Any contract of subcontract fundod by Ilk Agreement must contain the applicable piovimns o,;rllined In
ApPendixlJ1o2CFRPart2OO It is f %o roSponliN ly of f1 sub- reotpient to include the required
provxs ns. The Division proOdes the following list of s amplv prowssions that may bo required,
n
EXHIBIT B Page 89 of 95
EM
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
n
EXHIBIT B Page 90 of 95
f�
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, FL 33040
Project Management
EXHIBIT B Page 91 of 95
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EXHIBIT B Page 92 of 9S
M
I U 0 14 "All C I 11: � 11 Z14 TOT
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
.. . .......... . ...
EXHIBIT B Page 93 • 95
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Monroe County Engineering
1100 Simonton Street, 2 -216
Key West, Fl. 33040
Project Management
•
Rawilamh insuirance wwrep and meek reombursenstink for them u aunt, C redh Me
&Wo FEMA project with that SIMLA,
*
Check with your Federal Grant Program Cowdinator about availability of funding Under elhdr
Federal programs (Federal Highways, Hous +rip and Urban DevoloFmeril, eto.) and ensure lhbt ft
farsal project claim does not Include costs that another Federal agency funded or could have fundiad.
+ Ensure mat nuilersalctaken from, exisfaag kmatodes far use an FEMA projeds are documented by
Inw rillory witht4fawal and usage records.
+ Ensure that expenditures claimeo tender the F VA pro cl are rqssianable. new d1 wily
nofit the projeot and are "lhorised tinder the' cope of Wow'
t:si=
Sub-Red Agency Date
t A .
Signature
`i llr a Ba . �
Nailed Name & TI
EXHIBIT B Page 94 of 95
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, FL 33040
Project Management
66
RECIPIENT:
It you are rmquasting, an advance, Indicate some by checking the box below.
rmlz���
Advanoe payment V S is
requested Balance of payments Wil be made on a reimbursement
besis. These Funds are needed to pay pending obligations for
ftible work, We would not be able to operate the program without
this advance.
If you are requesting an advance, complete the following chail and bne item justification Wow.
LINE ITEM JUSTIFICATION (For each line Item, provide a detailed justification exptaining the need
fat the cash advance. The loolifica4cin must include supporting documentatmn anal clearly shows the
a4vance will boexpasided within the first olinety (90) days of The contract term Suppoildocutnientalion
should imlude quotes for purchases, delivery WW--Aes, salary and expense projections, o1c, to provide the
Olvision reasonable and n rossafy support that lire adyancoat be expvnded w4bin the first n ely (90)
clays of the contract form. Any advance funds not expended wkhin the ftl ninety (90) days of the conlracii
term must be returned to the Division Cashier, 2555 Sh. um.arcl Oak Wu. Wwd, Tol1shassee, Florida 32399.
within thirty (30) days of receoll, along with any interest eanned an the advance).
EXHIBIT B Page 95 of 95
Tampa FL 6.
INSUR
Air Mechanical a Service Corp.
2700 Ave Of The A
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Boar Monroe County o f
Commissioners
1100 Simonton street
2#
XeY Went , FL 33040
M ari a n y / BE TS YC
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41 41 & ,. pia, t s 0'1
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' a MOVILE LIABILITY
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ANYAUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
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NONLOWNED
HIRED AUTOS ALr=
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Sri
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IE'
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DISE
Contractors Pollution
30003102
!Contractors
Professional
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Boar Monroe County o f
Commissioners
1100 Simonton street
2#
XeY Went , FL 33040
M ari a n y / BE TS YC
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Air mechanical & Service Corp..
Certificate Notes for Policy Tenn 1/1/18 to 1/1/19
1 : OFREMARK COPYRIGHT 2000, AMS SERVICES INC. -�j