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09/10/2018 Agreement G od o°uara .c �� aG °qo,, Kevin Madok, CPA '� % A •�: Clerk of the Circuit Court & Comptroller — Monroe County, Florida � ,l �\ % _ DATE: September 26, 2018 TO: Tammy Sweeting Executive Assistant Raymond Sanders, Project Manager Project Management Division FROM: Pamela G. Hanc.6 .C. SUBJECT: September 10 BOCC Meeting Attached is a duplicate original of Item M1, Contract with A -1 Property Services Group, Inc. in the amount of $155,250.00 for the replacement of the Islamorada Library roof and the repair of the Key Largo Library roof, following the damage caused by Hurricane Irma, for your handling. Should you have any questions, please feel free to contact me at (305) 292 -3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 305 - 852 -7145 • ISLAMORADA AND KEY LARGO LIBRARY ROOFS Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 1S day of September, 2018 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: A -1 Property Services Group, Inc. 890 SW 69 Avenue Miami, FL 33144 For the following Project: Islamorada and Key Largo Library Roofs Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Documents and Specifications. The Contractor is required to provide a complete job as contemplated by the documents and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Islamorada Library Roof Replace existing wind damaged roofing material over the community room and corridor and repair metal roofing over the entrance and repair /seal the adjacent cricket: • Provide any engineering necessary to apply for and pick up permit including any fees as a part of the bid. • Remove existing built -up roofing from over the 40' x 40' community room and the 10' x 20' corridor. • Inspect the structural roof deck for deterioration and replace or repair damaged subsurface as needed. AGREEMENT Page 1 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS • Install tapered insulation, base sheet material, flashing, felt, and modified bitumen roofing on the flat roof over the community room and corridor. • Inspect and repair /replace the existing aluminum roofing over the approximate 14' x 14' library entrance. • Inspect and repair /seal the metal cricket located on the existing metal roof connection point. • Contractor shall furnish the owner a fifteen (15) year no dollar limit total system warranty covering the cost of repairing leaks as a direct result of either defect in the membrane or the workmanship involved in its installation for the new roof over the community room and corridor. • Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of debris. Key Largo Library Roof Repair wind opened seams on approximately 12,983 s.f. of existing rolled roofing and replace the damaged 24 gauge metal wall /roof panels on the back side of the front rooftop facade and replace two (2) roof turbine type roof vents. • Provide any engineering necessary to apply for and pick up permit including any fees as a part of the bid. • Contractor shall furnish the owner a fifteen (15) year no dollar limit total system warranty covering the cost of repairing leaks as a direct result of either defect in the material or the workmanship involved in its installation for the new wall /roof panels on the back side of the facade. • Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of debris. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Documents, Specifications, Proposal Documents, ,Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 AGREEMENT Page 2 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Forty -Five (45) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the ' contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00 /Day $100.00 /Day $250.00/Day $50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day $100,000.00- 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00 and Up 500.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 3.2 UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane, or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, an "Uncontrollable Circumstance "). Contractor's financial inability to perform, changes in cost, or availability of materials, components, or services, market conditions, or supplier actions, or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of AGREEMENT Page 3 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Fifty -Five Thousand Two Hundred Fifty and 00/100 Dollars ($155,250.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alternate # 1: No Alternates Specified 4.3 Unit prices, if any, are as follows: 1. Islamorada Library. Unit price for Islamorada Library: Sixty -Five Thousand and 00 /100 Dollars (Type A - words) $65,000.00 (Type A — numbers) 2. Key Largo Library. Unit price for Key Largo Library: Ninety Thousand Two Hundred Fifty and 00/100 Dollars (Type A - words) $90,250.00 (Type A — numbers) ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project AGREEMENT Page 4 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as . determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10 %. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. AGREEMENT Page 5 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage ". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. AGREEMENT Page 6 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor or Contractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this agreement or for a period of three (3) years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall AGREEMENT Page 7 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shalt be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are AGREEMENT Page 8 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101 - 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: AGREEMENT Page 9 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their- race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall 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 AGREEMENT Page 10 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 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 ca_ nceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation /Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. AGREEMENT Page 11 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS n) Public Access. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess AGREEMENT Page 12 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY - BRIAN @MONROECOUNTY - FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - AGREEMENT Page 13 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel,. or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), Toss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the. Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and AGREEMENT Page 14 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. AGREEMENT Page 15 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: Yosvany Madruga A -1 Property Services Group, Inc. 890 SW 69 Avenue Miami, FL 33144 For Owner: Director of Proiect Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2 -216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 -1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 7.8.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part "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, AGREEMENT Page 16 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 1) The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3) Breach. . A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 7.8.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7.8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.8.5 Clean Air Act (42 U.S.C. 7401 - 76718.), Water Pollution Control Act (33 U.S.C. 1251- 1387) as amended. Contracts and subgrants of amounts in excess of $150,000 must AGREEMENT Page 17 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7.8.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 7.8.7 Byrd Anti - 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. 7.8.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA - designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https: / /www.epa.gov /smm/ comprehensive - procurement- quideline -cpq- program. Other Federal Requirements (as applicable): AGREEMENT Page 18 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 7.8.9 Americans with Disabilities Act of 1990, as amended, (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.8.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the AGREEMENT Page 19 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.12 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. • 7.8.13 Access to Records. The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 7.9 The CONTRACTOR is bound by the terms and conditions of the Federally- Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division) and attached hereto as Exhibit "B ". 7.10 The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 7.11 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extend allow and required by law. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy -two (72) hours' notice and provide the AGREEMENT Page 20 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: None b) Project Manual: None c) Documents: Photos 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None 9.1.4 The Addenda, if any, are as follows: Addendum No. 1 Dated: August 1, 2018 AGREEMENT Page 21 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT Page 22 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS ' 4( '' x the Contractor must be by a person with authority to bind the entity. hi • pt, OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. `�{' �" a BOARD OF COUNTY COMMISSIONERS _ , , t s r in Madok, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk Mayo hairman Date r °� z° 1 (SEAL) CONTRACTOR'S Witnesses Attest: CONTRACTOR: Contractor must provide two witnesses A -1 Property S: rvices o , Inc. signatures { Signature: Signature: Print Name: e'SI/' A? r 1' /4 a- Print Name: 1/� ` � , Title: -g(./ • . Pleb Title: Date: #/, 'C" cry � - nrri r? 6 ) r.r1 -..23 `C? Date: .- - P -ri • and ''� t•rt Si 9 natur c 0' '2 / Ci S Gu'�M c K1 MONROE COUNTY ATTORNE`I� OFFICE Print Name: APPROVEDn S TO FORM Q a'�i A'l.t�. 0— C Title: Gr i '� PATRICIA EABLES ASSISTANT COUNTY A ORNEY S l -21 J l (/ DATE: Q^ 2? - 'I. Date: I STATE OF FLORIDA, COUNTY OF N'ami On this 27' day of A. . A-S7 , 20 /8before me, the undersigned notary public, "F personally appeared . +, 71//, hulP_ known to me to be the person whose name is subscribed above or who prod ced ; ,a IS _ . c .'has identification, and acknowledged that he /she is the person, o executed the above contract with Monroe County for Islamorada and Key Largo Librar•ofs for the purposes therein contained. Notary Public (� LESSEE A. RUIZ Print Name %�S_: / / �r G�l�� p sir P4 � �c+: Notary Public - State of Florida Commission # GG 024635 y ; lN ' � �� M y Co E Aug 25, 2020 My commission expires: 1 - ZS O (� ;,, Bondedthroug 25, 2020 AGREEMENT Page 23 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post - Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties GENERAL REQUIREMENTS Page 24 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS EXHIBIT "A" DEPARTMENT OF LABOR WAGE DETERMINATION EXHIBIT A Page 25 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS General Decision Number: FL180063 08/17/2018 FL63 Superseded General Decision Number: FL20170063 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above - mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2) -(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov /whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 02/23/2018 3 03/16/2018 4 07/06/2018 5 08/17/2018 * ELECO349 -003 03/05/2018 Rates Fringes ELECTRICIAN $ 33.11 12.31 ENGI0487 -004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity $ 29.00 8.80 EXHIBIT A Page 26 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under $ 22.00 8.80 1R0NO272 -004 10/01/2017 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING $ 24.89 10.10 * PA1NO365 -004 08/01/2018 Rates Fringes PAINTER: Brush Only $ 20.21 10.73 S FFLO 821 -001 07/01/2018 Rates Fringes SPRINKLER FITTER (Fire Sprinlders) $ 28.38 18.89 SHEE0032 -003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) $ 23.50 12.18 SUFL2009 -059 05/22/2009 Rates Fringes CARPENTER $ 15.08 5.07 CEMENT MASON /CONCRETE FINISHER $ 12.45 0.00 FENCE ERECTOR $ 9.94 0.00 LABORER: Common or General $ 8.62 0.00 . LABORER: Pipelayer $ 10.45 0.00 OPERATOR: Backhoe/Excavator $ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 9.58 0.00 OPERATOR: Pump $ 11.00 0.00 EXHIBIT A Page 27 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 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 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 EXHIBIT A Page 28 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 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. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling EXHIBIT A Page 29 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT A Page 30 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS EXHIBIT "B" MONROE COUNTY FDEM AGREEMENT EXHIBITB Page 31 of101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS APPENDIX C-1 - (ranis/NutrgranIs DIVISION EMERGENCY IVIANAGEMENT - Grantt Grant Lind Aid Subgrant Routing Sheet mod Cntra Number_ Z0002 r pyoic.,3 ryint LiIi_E9rbe Monc: 81.41 DMAntl.Arptuval: 1)..4c: 311 ets 1.).11Inis,1)iteooe „ ts■ne‘-: reeC OR-4337 Recti Effective WWI: fillAtti W18) An 5 2,85$,5.35.84 iypr Agrr.en:c.ra: r.31 IS) G4 A. Afrcettxca ,c) Loan Agrecmcnt _ _ _ Gt.}:;:t (cv.rtair.1_ _ R4Ming: First Review - Finance; e_rd_ Jo 472-vp4d • 1 RCSE.r.)4" - I I '1 !gate 6.1 L 'ate 14.1.1 1.ciA:Simonnt; . . - lHII Roicw - Finlpx; tut Mcc.vivt-d Date Re Sinnatcn::. Src‘nbl Kw Rale Received Distianition: 1 - .011 A$1121:1172fit 2 - Grant. silk Originul ..12_Teetwna 3 • E !!tit nt •oitit Copy of Asycemcin p r) 3V; z Lrl '• 17 EXHIBIT B Page 32 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS I _ T SIJBGRANTEE AND CONTRACTUAL AGREEMENT INFORMATION SHEET SECTION 1 - GENERAL GQNT 4CT /GRANT INFORMATION CONTRACT #: 7,0.0 r 2 AWARD AMOUNT: $2,858,535.94 DIVISION' AEMM BUREAU: Receiver,/ PROGRAM: I Fi-4 ,,a {Fr rla Fun4s) SUBGRANTEEICONTRACTOR NAME: LMonrop int SVBGRA.NTEEICONTRACTO12 ADDRESS: _1100 Simonton SI.,Ste. 2 -213. Kew Wet. FL 33849 WARRANT REMITTANCE ADDRESS) Sanoa as above SUBGR4NTEE!CONTRACTOR CONTACT PERSON & TITLE: yit do © h- Hartle. narce & Shared Services Menem PRONE: 3052292.4482 FAX: ,—_ E-MAIL: dejoa rnr.Cle :IaureAMvnroecounty- 1l.gov DEM CONTRACT MANAGER:4,1.1i FEFbes _ BEGINNING DATE (.11 L+r171 ENDING DATE: apt /1 FEDERAL EMPLOYER .IOENTIFICATIONWS IAL SECURITY NUMBER: 59- 6907749 - t 1 OR S/AMAS FUND IDENTIFICATION NUMBER (STATE AGENCIES ONLY - 29 DIGITS) 'MINORITY VENDOR CODE: (II Applicator choose arcs: 14 -91mck l-Hispant J -As*a s, K-NaGve American. M- Woman) SECTION 2 - SUBGRANT RECIPIENT pATAI3A6E INFORM/Wahl ALLOCATION 'OF PROGRAM ASSISTANCE BY COUNTY: COUNTY COUNTY.AWARD AMOUNT COUNTY MATCH AMOUNT Jvlonroe $2,85$,S35,94 STATEWIDE ALLOCATION SECTION 3 - SUBGRANTJCONTRACT FINANCIAL INFOMATIO0 GRANT REPORTING Reap IREMENTS_ 312 (Grant Awards.Onlyr (MO- Iona y, OR- Ouarterfy, NA) ` ORGANIZATIONLEVEL: @ ? OOGDO C FDA #. 9`7.036 CSFAAY: c TO DEM GRANT 435F FUND 1 2- 7501107 - 105150 - EO 22 5-? &58,535 �4 DEM GRANT" # 43375 FUND 2 2.239047.74$150 E{7 Z3 S OEM GRANT # FUND 3 EO S IF THIS IS A MODIFICATION: - MODIFICATION >1!: EFFECT OF MODIFICATION AMOUNT OF 1NCREAAEtDECREASE IN AWARD AMOUNT: SECTION 4. FINANCE A D ACCCYUIJ I, NG USE ONLY ITo be completed by Finance and Accounting) F10#: .._____.. SAMAS CONTRACT #: INPUT BY: DATE EXHIBIT B Page 33 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON -STATE ORGANIZATIONS - RECIPIENTPSURRECIPIENT VS. VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically frarn the Executive Office of the Governor's website (ltttpli www. rnyftarida. corn ienyflorida! gevernre,entfgovernoriniliativesifeaaJindex .hlmi). If a Florida Single Audit At State Project Determination Checklist has not been previously completed. please, comp: -ete it now. (Applies only to State agencies) This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non - state organizations' after a state program has been determined (using the Florida Single Audit At State Project Determination Checklist) to provide state financial assistance (i.e. is a State Protect as defined a 215.97 (2)(r), F.S.). This checklist assists in determining if the non -state organization is a vendor, recipientfsubrecipient, or an exempt organization_ ' A non-state organization is defined as a nonprofit organization, for -profit organization (including sole propnetors), od Florida tocal government (excluding district school boards, charter scheats and community caeeges). which receives State resources. Recipients and subrecipients of state fihancial assistance must also use this checklist to evaluate the appt_ of the FSAA to non -state organizations to which they provide State resources to assist in carrying out a State Project, Name of Norestate Organization: Mrzarae t:r>i:nty 'Type of Non -state Organization: Q near r;nverement (i.e_ nonprofit, for - profit local government, If the non -state organization is a local government, p3ease indicate the type of focal government municipality. county commission, constitutional officer. water management- district. etc.) Awarding Agency: Divisioa.nLE = :, . stemeot� Titled State Project !rrirrai girt }iin Aeelere feet-4117 Catalog of State Financial Assistance (CSFA) Number. Contract/GrantIAgreement Number: 7orin) PART A YE,S ISO 1. Is the non -state organization a district school beard, charter school. community college, govemment/public university outside of Florida or a Federal agency? X 2. Is the relationship with the non -state organization only to procure commodities (as defined In 287.012(5) F.S.)? X 3. Does the relationship with the non -state organization consist of only Federal resources, State matching resources for Federal Programs or local matching resources for Federal Programs? X 4. Does the relationship with the non -state organization consist of only State maintenance of effort (MOE)' resources that meet all of the following criteria? X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? X B. Do contracts contain sufficient tanguage 16 identify the State MOE resources and the associated Federal Program? X C. Do A -133 audit requirements apply to the State MOE resources and do contracts stipulate that the State MOE resources should be tested in an A -133 audit in accordance with Federal Program requirements? MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A -133 Compliance Requirement G (Matching, Level of Effort, Earmarking). If any of 1-4 above is yes, the recipientivendor relationship determination does not need to be completed because the FSAA fs not applicable to the non -slate organization, Revised January 01. 2002 Form Number. FSAA_Cl2 EXHIBIT B Page 34 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS PART B Recipier:Wetdor Relationship Determination: d The following should be analyzed for each relationship with a non•stete organization, where it has been determined that the state program provides state financial assistance (i e. is a State Project) and the non •state organization is not exempt based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or application. YES NO 1. Does Stale law or legislative_ proviso create the non -stale organization to carry out this State Project? 2. Is the non -state organization required to provide matching resources not related toe Federal Program? 3. Is the non -state organizaton required to meet or comply with specified Stale Project requirements in order to receive State resources? (State Project requirements include laws, rules, or guidelines specific- .1 to the State Project such as eligibility guidelines, specified types.of jobs-to be created, donation Qf specified assets, etc. Specified Stale Project requirements do not include standards, general guidelines ,.or general' lawslrJtes.) 4. is the non -state organization required to make Slate Project decisions, tifiich the State agency woufd otherwise make? (e.g. determine, eligibility, provide case management. etc.) 5- Is the non -slate organization's performance measured against whether State Project. objectives are met? (e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc. Performance measures may or may not be related t) State performance -based budgeting.) If any of the above is yes. there is a roclpienUsubreeipfont relationship and the non -state organization is subject to the i FSAA_ Otherwise the non -stale organization is a vendor and is not subject to-the FSPA. • _ PART C B3sad on your-analysis of the responses above and discussions with appropriate agency personnel, slate your conclusion regarding] the non- state•organization, • (Chock one} Recipfent!SubrecFplent: X Vendor: Exempt Organization: Comments: Print Name: r 11 cotes Telephone Number: 8r4- 44 Trtto: Grant Mn nge Signature: -_— — t Date: _ ` " a - rot Nole it is the program personnel's responsibility to notify Finance and Accounting of which non -state organizations have been determined to be•recipients and are receiving Slate financial assistance (Le. disbursemenis must be coded as 7500 object code in FLAIR). Note it is possible do $ avtr.a contractual agreement wl1h a nod state organization under Chapter 287, Florins Sfahrfas, and - shllf consider Ma non -state ograrrization a recipient ander the-Florida Single AttditAct. If a recipientisubrer pient relationship exists the standard contract audit language, -k cuding Exhibit 1, must be included in the document that established the States, reciprits, or subrecipie,tit's relationship with the non - state organization. Questions regarding the evaluation of e.non -state organization or if it has been determined that the non -slate organization Is a recipient and a CSFA number has not been assigned, contact your FSAA State agency riaison or the Executive Office of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850)487 -3832 or Suncom 277 -3832. Reference may be made to Rule 27D - 1. FAG. Revised January 01, 2002 Form Number_ FSAA_CL2 • EXHIBITB Page 35 of101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 1 Contrast Number; 4f'002 FEDERALLY- FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.P_R.. §2017.92 States that a'suaavord may bo provided through any form of k agfee nont, including an agreement that the pass•thrgtagh entity considers a contract r+s defied by 2 C. F,R. §2Cq. 'pass.-through entity' means 'a non•Fcdarat witrly that provides m aub.a•rrard tea Sub4t cipient to carry cut part of a Federal o ograni." As etefined by 2 C.F.R. §204.`i3. 'Sub-Reeipionr means ° o non- Fedetaf entity that rac:si•. s a autla v;ud torn a pass-through entity to carry out part of Federal grog am." is def ned by 2 C.F. R, §200.33, - Federal aw r s' means 'Federal tinencal as$isrance mat a ro.n•F0de al entity receives directly from a Federal trwaard: ig agency ar indirectly frcm a pass - through entity_" AS dot - irrcd t, 2 C.F.R. §200.92. •subs ward• means 'an award provided by a pnwthrnugh en 10 a SuL- Fteapient for the SulrRec pient to carry out part of a Feeefat nJ.trarer roouiyad by the pass - through entity. " The following informaacri.' praridcd r uuss;tant to 2 G.F.R. §240, 331(a ;{ t ): Sub - Recipient's name: morire clntY Sub.Riciplicars PA ID, FIPS Number. 067.99 -CG Sub- Rscip - ent's unique entity tderttdrer 021 '771709 Federal Award kdentifoa:icct Nrrnller (PAM 43; 7ORt't.G ,^,0(ypk " Federal Award Date: nn, 2x}17 Subaward Pe ioct of Performance Stars and End Daia.. rttpr2 OSID.12511,3 Amount of Federa3 Fundy. Obligated by this Agreement. ,�i$ l3S cir To 3.1 Amount of Federal Funds Obligated 10 bre Sub- Recioienr by tee pas : "cur�n entity to tn^_'utle Ca:* A3reerner,:: $2.,04.535.94 — Toth Amount of :he Federtt Award cornmated to the Sue- Recipient by the pa „through entity: §2_55,13.535.$4 Federal award praa ct description (see FFA TA) Dzotio Local Ociorraniniki L n rtnvar. emetnenc protective men uire& repair or a u it dis;r5h9rdana er fat tni Name of FedenS awardlrg agency (2,easf t L xtr.rar�7 � lrity tDH$r Weal,.E! tierdrtncr f°lanaaarran hq,ar y fFEY,CJ„_ Name of ow hro1.)]h entity: Florida Div :Idea fl1 mernan abe t ?r1k fFDEM EXHIBIT B Page 36 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 7 Contact information for the pass.thlcagh o."r11ty; d xSe` S14urntea i7a1t flM T Ua;7 is Ft X 99. 100 Catalog of Federal D estie Ass:,tanco (CFQA) Number and Niuma: `27 Cq8 Putatic�.nrrnca 1hJTsaJ �t the award is Risaarch & Development NIA l . fect cas9 rate to i!t Federal award: 5t?4 4r44 C F R 7,Q7,$;bit4) EXHIBIT B Page 37 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 3 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida {hereinafter referred to as the "Olvision " and Monroe County, (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves DS the pass- through entity for a Federal award. and the Sub-Recipient serves es the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub - Recipient represents tenet it is fully qualified and eligible to.receive these grant funds to provide the services identified herein. B. The Slate of Florida received these grant fund;, from the Federal government, and she Division has the authority to subgrant these funds to Iho Sub - Recipient upon tho terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub- Recipient agree to the following; (1) APPLICATION OF STATE LAW TO Tilf$ AGREEMENT 2 C.F.R. 3200.3D2 provides; 'E :h state must expend and account for the Federal award in accordance with Mate laws and procedures for expending and accounting for the states own funds.' Therefore, section 215.fl 71. Florida Statutes, entifl °d "Agreements funded with federal or stale assistance'. applies to this Agreement {2) LAWS. RJI REGULATIDNAAND poLtCiES a. The Sub- Recipferes performance under the Agreement.ls subject to 2 C.F.R, Part 200, entitled 'Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards -' . b, As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly estab : the tasks that the Sub - Recipient Is requited to perform. it A provision dividing rho agreement Into quantifiable units of delivorabtes tha: must.be received and accepted In writing by the Division before payment Each deliverable mast be directly relatod to the scope of work, and specify Pte required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. Ci. A provision specifying the financial consequences that apply if tho Sub- . Recipient tails to perform the minimum level of service required by the agreement, iv, A provision specifying that the Sub- Recipient may expend funds only for allowable costs resulting from obligaticsns L.curred during the specified agreement period. v. A provision, specfying that any balance of unebtigated funds which has been advanced or paid must be refunded to the Division. EXHIBIT B Page 38 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 4 vi A provision specifying that any funds paid in exce°w of the amount to which the Sub - Recipient is entitled under the terms x`cc•condiLons of the agreement must be refunded to the Dtvision. c. In addition to tho foregoing, the Sub•Re„piant and the Division shall be governed by alt applicab ".t State and Federal !.vs rules and regulations= Any express refereno3 in :his Agreement to a particular statute. rule, or regulation in no way Implies the( ao other statute. rule, or regulation applies, (3) CONTACT a. In accordance with section 215.971(2). Florida Statutes- the Division's Grant Manager shall be respanslb'e for enforcing performance of this Agreement's terms and conditions and Shen serve as the Division's liaison with the Sub-Recipient As part of ittsfior duties. the Grant &tanager for the Division shag; I_ Molitor and document Sub.Recipiont performance; and, ii. Review and docwrent all deliverables for which the Serb- Recipient requests payment. b, The Derision's Grant Manager for this Agreement is: Litit;1a Forbes 2555 Shumard Oak Blvd. Ste. 360 Tallahassee, FL 32399 -2100 Telephone: 650-815.4419 Bmz t LlliliyaForbesiaern.nlyfla, da_com . The name and address of the Representative of the Sub - Recipient respcnsaole for the adrninistrai:on of this Agreement is: Laura deLoach- Hartle 1113p Simonton $i $ e. 2.213 Key West, Fl, 33040 -3110 Telephone' 305- 292 -4482 Email: deloachhartle `fauragmonrooccc:nlytl,gov d, In the event that different representatives or addresses are 'designated by either party altar execution of this Agreement, notlee of the name, title and address of the new representative v id be provided to the other party in writing via letter or electrons email. It is the Sub-Recipient's re:'pons biliity to authorize its.users in the FloridaPA.org website. Only the Authorized orPrimacy Agents identified on the Designation of Auihcrily (Agents) in Attachment D may authorize addition or remowal of agency users. EXHIBIT B Page 39 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS S • (4) IF�3t+1.S AND CONDITIdr : This Agreement contains all the terms and donddIOns agreed upon by Cho parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken a &an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement Changes wit5ch are agreed upon ;,hall be valid only when in writing, signed by each of the parties, and attached to the arg:inat of this Agreement. In order for n Project to be eligiible for reimbursement, a modi5oation to this agreement must be executed incorporating the Prcje`t as identified by number, budget, and scope of work. Projects nal included by modificat3an will be ineligible for funding. regardless of Federal approval for tirti Project. (7) p,QS OF WORK. The Sub-Recipient shall performs the work in accordance with the Budget and Protect List Attachment A and Scope of Work, Deliverables and Financial Consequences -- Attachment 8 of this Agreement. (8) PEA14D OF AGREEMPJN g. This Agreement shalt begin upon execelion by both parties and shall end six (6) months from the date of declaration for Emergency Work (Categories A & 8) or eighteen (18) months from the data of declaration for Permanent Work (Categories C-G), unless terminator] earlier in accordance with the previsions of Paragraph (171 of ihisAgreement ConsiStont withdhe defrni1fon of ' period of performance contained In 2 C,F.R, §204.77, the term 'period of agreement':refers to the time during which the Sub-Recipient 'may incur new obligatior5 to carry out the work authoracd under this Agreement., In accordance with 2 C,F,f7, §200:345, the Sub- Reapient.may receive reimbursement under this Acreernert only far 'at!owable costs incurred during Ute period of performance,' In accordance with .EGicrc 215.971(1)0), Florida Statutes, the Sub - Recipient may expend funds authorized by this Agreement 'only for allowable costs resulting from obligations incurred during' the period oragreement. (9) FUNDING • a. This is a cost - reimburse neat Agreement. subject to the availability of fungs, b, The State of Florida's performance and.obfigation to pay under this Agreement Is contingent upon an annual appropriation by the Legislature, and subject to any rriodificaticn in accordance with either Chapter 216. Florida Statutes- or the Rorida Constitution. c. The Division will reimburse the Sub - Recipient onfv for allowabl'o costs Incurred by the Sub-Recipient in the successful completion of each deliverable. The Maximum reimbursement amount for eoch deliverable is outlined in Attachment A of this Agreement ("Budget and ?reject Le), The maximum reimbursement amount for the entirety of this Agreement is twamilllon, eight hundred fifty -eight thousand, five hundred and thirty -five dollars and ninety -four cents ( $2.858,535.94). EXHIBIT B Page 40 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 6 d. As required by 2 C.F,R, §200.415(a). any request foc payment under this Agreement • must include a certification, signed h :sn oilir,.ial who is authorized Jelegsaid the Svh-Ratgyat, which reads as follows: '8y signing this roped. !certify 10 the best of my kriaYifedge and belie! That the report is true, complete, and accurate, and the expenditures, disbiursernemis and cash rcceipts,are for the purposes and objectives sat forth in the terms and conditicris of the Federal tztivard. I am aware that any false. fictitious. or fraudulent information, or the omission of any maloeiehl fact, may subject me to Criminal, • civil or admin tralive penalties for fraud, false statements, false craims cs otherwise. (U.S, Code Title 18, •Section 1001 and Title 3S. Sections 372 -3730 and 3801 -3512y e The Division will review arty request for reimbursement by eornparEig the documentaiion provided by the Sub•Recipient In FlaridePA.org against a performance measure, outlined in Attachment B. Scope of Work, Deliverabres, and Financial Consequences, that clearly delineates: f• The required minimum acceptable Iovef of service to t'-: performed; acrd, il. The criteria for ewlualin0 the successful completion of each de;r arable. f. The performance measure required by section 215.971{1)(b), Florida Statutes. rernatns consistent With the requirement for a'performance goal', which is defined in 2 C.F.R. §200.76 as 'a target level of performance expressed as a tangible, measurable obiective, against whist% actual • achievement Bart be compared.' It also remains consistent pith the requirement, contained in 2 C.F,R, §240.301, that the Division and the SO-Recipient 'relate financial data to performance accomplishments of the Federal award,' g. If authorized by the Federal Awarding Agency. then the Division will reimburse the Svb- Recipient for overtime expenses in irccordence with 2 C.F,R; §200.430 ( .personal services-) and 2 C.F_R. §200.431 re pensalian— fringe benefits'). If authorized-by the Federal Awarding Agency, and if the Sub - Recipient seeks nobur ernent.for overtime expenses for periods when no work is performed duo to vacation, holiday, Illness, failure of the employer to provide sufficient work_ or other similar muse (Sea 29 U_S,C, §207(02)), then the Divisie n will treat the expense as a fringe benefit. 7 C.F,R. • §200 431(a) defines fringe benefits as 'Orman= and services provided by employers to their employees as compensation in addition to regular =lacier.' and wages.' Fringe benefits are allowable under thls Agreement as long as the benefits are reasonable and are required by law, Sub- Reciptnt- employee agreement; or an established policy of the Sub - Recipient. 2 C.F.P. §200.431(b) provides that • the cast of fringe benefits In the form of regular compensation paid to employees during poricds of authorized absences from the job, such as for annual, leave. family-related leave. sick leave, holidays. court_reave, military leave, a&ninista'alive leave. and other sinniiar benefits, are allowable if all of pi() faowing criteria are met: 1. They are provided under established mitten leave pis to : _ IL The costs are equitably allocated to all related activities, including Federal awards: and. EXHIBIT B Page 41 of 101 • ISLAMORADA AND KEY LARGO LIBRARY ROOFS • 7 ii a. The accounting basis (cash or accrual) Sefected for costing each type of Wive- is consistently.foliowed by Cho non - Federal entity or 'specified grouping oferriptsyees, h_ If authorrzedby the Federal Awarding Agency, then the Division will reathurse the Sub - Recipient for travel' expenses In accordar:e° with 2 C.F.R. §20.0.474. As required by the Reference Guide for Mate Expenditures, reimbursetflent for travel must to do accordance with section 112.061. Florida Statutes, which includes submission of the crtim on the approved state travel voucher. If the Sub. Recaieni seeks reimbursement for travel casts that exceed the amounts stated in scion 112001(6)(0), 5kerida Statutes (56 for breaefast, 511 for lunch, and 519 tar dinner), there the Stab - Recipient must provide documentation that: I. The costs are reasonable acid do not exceed charges normally allowed by the Sub - Recipient in its regular operations as a re;wIt of the Sub - Recipient's written Craver policy; and. O. Participation of the individual in the travel is raecessare to the Federal award. i. The Division's. grant manager. as required by sccbon 215.971(2)(c), Florida Statutes, stroll reconcile and verify as funds received against all funds expended during the grant agreement pericQ and produce a fetal reconciliation report. The final report must identify any funds pad in excess of the expenditures incurred by the Sub - Recipient. As defied by 2 0: F.R. §2013.53, the teen "eeproper payment' means or includes: I. Any payment that should not have been made or that eras made in an Incorrect amount (including overpayments and lrndereaymenis) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate. payment, any payment for a good or service not received (except for such payments where authorized by law). any payment the: does not account for crediifor appficable discounts. and any payment where insufficsnt or tack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORD$ e, As required by 2 C.F.R. §200.336, the Federal awarding agency, lnspertors General, the Comptroller General of Gene United Stales. and the DivLsffon, or any of their authorized representatives, shall enjoy the right of access to any documents, tampers. or other reccrds of the Sub - Recipient which are pertinent to the Federal award, in order to make audits, exanainatioras, excerpts. and transcripts. The right of access also includes timely and reasonable access to the Sub - Recipient's personnel for thin purpose of Interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as Tong as the records are retained_ b. As required by 2 C, Ir,R. §200.331(a)(5), the Division, the Chief tnspeetor General of the Stale of Florida, the Florida Auditor General, or any of their author iepresentallves. shall enjoy the right of access to any documents, flnanetat statements, papers. or other records of the Sub - Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts. and transcripts. EXHIBIT B Page 42 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 8 The right or axes also includes timely and reasonabla access 10 the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of States record retention requirements (Chapter i 19, Florida Statutes) and by 2 C.F.R. §200.333. the Sub - Recipient shall retain sufficient records to show its compliance with the trams of this Agreement, as well as the compliance of an Subcontractors et consultants paid from funds under this Agreement, for a period of jiy (5) years from the date of submission of the final expenditure repoal. The follaNing are the only exceptions to the five (5) year requirement If any litigation, clnfm, or audit is started before thrt expiration of the 5 -year period, then the records must be retained until all Litigation. claims. or audit findings involving Cite records have been riotved and final action taken. IL When the Division or the Sub - Recipient is notified In writing by the Federal awarding agency, cognizant agency for audit, oversight agency for awdit, cognizant agency for indire:t costs, or passAhrough entity to extend the retention period, iiu. Records for real property and eauipmant acquired with Federal funds must be retained for 5 years'.aftor final disposition. iv When records are transferred to or maintained by rho Federal guarding agency or (sass - through entity. the 5 -year retention requirement IS not applicabte to the Sub•Rec pient. v, Records for program income transactions after the period of performance_ in some rases recipients must report program Income after the period of performance_ Where there is such a requirement. the retention period for the records pertaining to the earn of the program intorno. starts from the end of the non- Federal entity's fiscal year in which the program income is earned vi indirect cost rate proposals and cost alrocations plans This paragraph applies to the fotr wIng types of documents and their supporting records: indirect cost rate computations or proposals. co;,t allocation plans, and any s accounting computations of the rate at which a particular group of casts is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d, In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub- Recipient v.hen.it determine that the records possess long-term retention value. e, (n aCc rdance vr:1h 2 C, F,R, X200.335, the Division must a'`,rays provide or accept paper versions of Agreement information to and frail the Sub - Recipient upon request. If paper copies are submitted, then the 4ivisicrt m;rst not require more than an original and two copies, When anginal records are electronic and cannot by altered, there is no need to create and retain paper copies. 4Vhcn original reeds a e pap er. electronic versions may be substituted through the use of duplication or other forms of electronic media prov'ded that they are subject to periodic quality control reviews; provide reasonable safeguards against alteration, and remsnt readable. EXHIBIT B Page 43 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 9 L As required by 2 G.F.R. §200.303, the Sub - Recipient shall lace reasonable measures to safeguard protected personally identifiable Information and other information that Federal awarding agerry or the Di•<sicn designates as sensitive or the Sub - Recipient considers sensitive consistent with applicable Federal. state, local, and tribal taws regarding privacy and obligations of confidentiality g. Florida's Government in the Sunshine Law {Section 286.411, Florfci3 Statutes} provides the citizens of Florida with a right of eccesg to governmental proteedir:gs and mandates three, bait requirements: (t) meetings of public boards or commissions must be open to tiro public; (2) reasonabre notice of auchi mmeetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing atone, is insufficient to bring that entity within the ernhit of the`apen government requirements_ Hovrever, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agenciee performance ar their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing lhat public purpose, the Government in Me Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a gevurnrr ental entity and dyers facilities and equipment purchased with public funds,"then the Government in the Sunshine Law applies to board of directors for that volunteer lire department. Thus. lo the extent that the Government in the Sunshine Law applies lo. the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings Of any subco nmittee,making recommendations to the governing board may be subject to open government requirements Those meetings shall be publ*_cly noticed, open to the pub14 and the minutes of all the meetings shall be pubr4 records, available lo the publt in accordance with. Chapter 119. Florida Statutes. h, Florida's Public Records Law provides a right of access to the records of the stale and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a aoveretrrentat agency (ar a private entity acting on behasT of such an agency) in conjunction wih official business which are used to perpetuate. communicate, or forrn3.liae.knowvedge qualify as public rewords subject to public Inspection. The mere receipt of public f unds by a Private entity, standing alone, is insuffV ent to bring that entity within the ambit of tile public record requirements, However. when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that dirty become public records_ Thus. the nature and scope of the Services provided by a private entity determine tivirethsr that entity is acting on behalf of apubtio agency and istherefore subject to the requirements of Florida's Public Records Law, I, The Sub - Recipient shall maintain all records for the Sub- Recipient and for all suboentraelors or ccnsultanL to be paid from funds provided under this Agreement, Including documen Lion of till program costs. in a ferret sufficient to determine compliance with the requirements EXHIBIT B Page 44 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 10 and obbectives of the Budget. and Prefect List — Attachment A. Scope of Work — Attachment B, and all other applicable taws and regulations_ (11)&14.Q11S a. The Sub-Recipient shall comply with the audit requirements contained in 2 C,F.R. Part 200. Subpart F. b: In accounting for th.e reaript and expenditure a funds under this Agreement, the Sub - Recipient shall folfow Generally Accepted Acaoun:Ing Principles (- GAAP'), As defined by 2 C,F.R. §200,49. GAAP' has. the meaning specified in acct. nting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FAS8).' c. When conducting an audit of the Sub- Reci,ctiont's performance under this Agreement, the Dlviside shalt use Generally Accepted Government Auditing Standards ('GALAS')_ As defined by 2 C.F.R. §200.50. GAGAS, also known as the Yellow Bonk, means generally accepted government auditing standards Issued by the Comptrcirer General of the United Status, which are applicable to financial a r ants.° d. If an audit shows that all or any paten 01 the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub- Recipient shad be held liable for reimbursement to the Civision of all funds not spent in accordance with these applzcaale regulations and Agreement provisions within thirty days after the Division has notified the, Sub -ReciR ant of such non. compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which ) is defined in section 215.97(2)(h), Florida Statutes, as 'an Independent certified public accountant licensed under chapter 473,° The Independent auditor shall state that the audit cornpfied With the applicable provisions noted above. The audit must be received by the Division no later than nine months front the and of the Sub•Recip ant's fiscal year 1, Tho Sub - Recipient shalt send copies of reporting pakages for audits conducted in accordance with 2 C.F.R. Pali 200, by or on behalf of the Sub - Recipient, to the Division at the following address: DEMSinggla_Audi1@r em.myflorida,com OR Office of the tnspectar General -2555 Shumard Oat Boulevard Tallahassee, Fbrida 32399.2100 fl. The Sul,` Recipient shat send the Single Audit reporting package and Form SF-SAG lo the Federal Audit Clearinghouse by submission online at: httplrharvestor, ten: us.govtfa colledfdd elndex.laml h. The Sub - Recipient shall send any management letter issued by the auditor to the Divlsron at the following address: EXHIBIT B Page 45 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 11 OEMSingle Audit@em,rnyllo dda.com Office of the Inspector General 2555 Shumard Oats Boulevard Tallahassee, Florida 32309-2100 (12}EEPORTS a, Consistent with 2 C.F.R. §209,328. the Sisb- Recipient shall provide the Division With quarterly reports and a close -out report These reports shall faded° the current status and progress by the Sub- Recipient and all subcontractors in completing the v.+ork described in the Scope of Work and the expenditure of fl ds under this Agreement, fa addition to any other Infocmatic.rl requeted by the Division, b. Quarterly reports are dire to tho Division no later than 39 days after the end of each quarter Of the program year and shall be sent each quarter until submission of the administrative close- out report, The ending dates for each quarter cf the program year are March 31, June 30. September 30 and December 31. c. The.claseout report is dvesixty (0B) days after termination of this Agreement or sixty {$0) days after completion of the activities contained in this A_greemcat. whichever first occurs. d. Ef all required reports and copies are not Sent to the Division o: are not completed in a manner acceptable lo the fJivisien, then the Division may withheld further payments unfit they are completed or may take othea.action as stated in Paragraph (16) REMEDIES. 'Acceptable to the Div's on" means that the work product was completed in accordance with the Budget cod - Project List — Attacltment A, acrd Scope of 'Neck — Attachment B. e_ The Sub-Recipient shall provide additional program updates or information that may be required by the Division, 1. The Sub - Recipient shaft provide additional reports-and information identified in Attachment G — Public Assistance Program Guidance, (13)MON ITORING. a, Teo Sub-Recipient-shall monitor its.performance under this Agreement. as rre.l as that 01 its subcontractors andtor cansu€lants wha are.paid from funds provided under this Agreement, to ensure tha: lime schedules aro being met;. the Schedule of Deliverables and Scope of Work are being accomplished within the specified tale periods,-and other performance goals are being achieved. A review shall' be done far each function cs activity in Attachmerti B to this Agreement, and repotted in the quarterly report. 0, In addition to reviews of suds, monitoring procedures may include, but not be limited to, cro -site visits by Division staff, limited scope audits, anchor other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procadures/processe8 deemed appropriate by the Division, In the event that the Division determines that a limited scope audit of the Sub - Recipient is appropriate, the Sub - Recipient agrees to comply with any additional :nsin:ctions provided by the Division EXHIBIT B Page 46 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS i2 to the Sub - Recipient regarding such audit The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer cr Auditor. Goneraf. in addgiorr, the Division will monitor the performance and financial management by the Sub -Re aienl throughout the centred tent to ensure timely convict of all tasks_ (14)LIABILITY a Uniess Sub - Recipient Is a State agency or subdiV4zon, as defined in section 7438:28(2), Florida Statutes, the Sub- Rechsienl Is sofnty responsible to ponies it deals with In carrying out the terms of this Agreement; as authorized by section 76828(19 ), Florida Stahrtes, Sub - Recipient shall hold MO Division harmless agalost all claims of whatever nature by third pies arising from the work performance under this Agmement. Far purposes of this Agreement, Sub-Recipient agrees that 4 is not an erriptoyee or agent of the Division, but l;t an independent contractor, b- As required by sadism 768.28(19), Florida Statutes, any Sub - Recipient which-Is a state agency cr subrfivisaon, as defined in section 766,26(2 ), Flora Statutes, agrees to be fully responsible for its neg::' 6nt or tartlets acts or omrssiens which resift in daims or suits against the Division. and agrees to be liable for any damages proximately caused by the acts or omissions 10 the extent sei forth in Section 766,28, Florida S1ateites. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub- Reciplen; to whEch sovereign immunity applies. Notating herein shall be tens as 'consent by a state agency or subdivision of the_ Stale of Florida to be sued by third parties in any matter arwing.out of any contract. (15 }DEFAULT. If any of the following events our ("Events of Default"): ail obligations an the pant o1 the Derision to make futher payment of funds shall terminate and the Divtslon has the option to exercise any of its remeditiS sat forth in Paragraph (16); her. ever, the Division may make payments or partial payments atterany Events of Default without waiving the-right to exercise such remedies. and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with tine Division is•or becomes false or ms tiding in any respect or if the Sub- F(ocip=ent faits to keep or perform any of the obligations, terms or covenants in this Agreement or previous agreement with the Division and has not cured theca in timety f troll, or is unable or unwilling to meet 4s obligations under this Agreement: b Pdateriatadverse changes occur In the financial condition of the Sub - Recipient al any lime during the term of this Agreement, and the Si -1 edpient fails to cure this adverse change within • thinly days from the date written notice is sent by the Division; c. My reports required by this Agreement l-,ave not been submitted to the Division or have been submitted with incorrect incamp ale or insufficient information; or, d, The Sub - Recipient twin faired to barium' and coma data on time any of r♦q obligations under this Agreement EXHIBIT B Page 47 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 13 (16)REMF[ ?IES. If an Event of Default occurs, then the Divisfan shall, alter thirty calendar day:, written notice to the Sub - Recipient and upon the Sub - Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a Terminate this Agreement, provided that the Sub-Recipient is given at least thirty bays prior written nokee dine termination. The rtot•ce shat be effective when placed in the United States. first class email, postage prepaid, by registered or certified mail - return receipt requested, to the address in paragraph (3) herein: b, f egin an appropriate legal or equitable action to enforce performance of the Agreement. c. Withhold or suspend payment of all or any part of a request for payment. d. Require that the Sub- Recipient refernd to the Division any monies used for ineligible purposes under me laws, rutes and regulations governing the use of these funds. a. Exercise any co rfe etive remedial actions. to Include but not be limited to: I. Request additional information from the Sub - Recipient to determine the reasops far or the extent of non- compliance or tack of performance, el. lss:re a written Warning to advise that more serious measures may be taken lithe `Filweition is not corrected, Advise the.Sub- Reclplent to suspend. discontinue cr refrain from incurring Casts for any activities In question ar iv. Require the Sub - Recipient to reimburse the Division far the amount of costs incurred for any items determined to bo irolig?ble; f, Exercise any other rights cr remedies which may be avaiiabre under taw. Purcving any of the above remedies watt not stop the Division from pursuing any other remedies in this Agreement or provided at law ar in equity, If the Division waives any right or remedy in this Agreement or fails to insist an steel performance by the Sub - Recipient. it will not affect. extend or waive any other right or remedy of the Division, or affect iho lacer exercise el the3 same right ar remedy by the Diion for any other default by the Sub- Recipient. (17)TERMINATION. a, The Division may terminate this Agreement for cause after thily days written notice. Cause can include misuse of funds, fraud. leek of compliance with applicable rules, taws and regulations, failure to perform on time. and refusal by the Sub - Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 113, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion. that continuing the Agreement would net produce beneciat resells in line with the further expenditure of funds, by providing the Sub- Recipient with thbty (30) calendar days prior written notice. EXHIBIT B Page 48 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 1a c. The parties may agree to temtinate this Agreement for their mutual convenience through a written amendment of Agreement, 7 ha amendment will state the of.ective date of the termination and•the procedures for proper closeout of the Agreement, d. In the event that this Agreement is terminated, the Sub- Recipient will not Incur new obligations for the terminated portion of the Agreement after the Sub - Recipient has received the nelidication of termination. The Sub- Recipient wilt cancer as many austanding obligations as possible. Costs incurred after receipt of the termination notice wilt to disallowed. The Sub - Recipient shall not to relieved of liability to the Division because of any breach of Agreement by the Sub - Recipent, The. Division may. to the extern authorised by raw, withheld payments to the Sub -Recip ent for the purpose at get - ofl until the exact amount of damages due the Division from the Sub - Recipient Is determined. (18)PRQCUREWEE' t The Sub - Recipient shall ensure that any pro,utemcnt involving funds authorized by the Agreement compfes with all applicable federal and state. laws and regulations, to include 2 C.F.R, § §200.318 through 200, 326 as wall as Appendix I I to 2 C,F.R. Part 200 (entitled 'Contract Pm/talons for Horn- Federal Entity Contracts Under Federal Awards b. As required by 2 C.F.R. §200.318(b), the Sub•Reciprent shall 'maintain records sufficient to detail the history of procurement. These records will include. but are not necessanly (United to the following, rationale: far the method of procurement, selection of oontr3ct type. comtrectcc selection or rejection. and the besis.for the contract price.' c. As requited by 2 C.F.R. §200.318(i). the Sub - Recipient s:rall'maintain,overs ght to ensure that contractors perform In accordance with the terms, conditiw,rs. and specifications of their contracts or purchase orders,' In order to demonstrate compliance with Ibis requirement, the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and au subcotrtractars • perfermin;g work under this Agreement, d. Except for procurements by mlro- purr.hases pursuant to 2 C.F.R. §2O0.320.(a) or procurements by small purchase procedures pursuant to 2-C.F.R. §200,320(b). if the Sub- Recipient chooses to s'rbcontrect any of the wore required under this Agreement, then the Sub - Recipient shall forward to the Division a copy of any so chatter (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Dlvison shalt review the solicitation and provide comments, if any, to Cho Sub- Recipient vrithin three (3) business days. Consistent with 2.C,F.R.. §200.324, the Division wit( review the solicitation for compliance with the procurement standards outlined in 2,-C.F,R_ §§200.31a through 200.326 as weft as Appendix tI to 2 C.F.R. Part 200. Censistert with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient. While tna Sub -Rec ient dccs not need the approval Of the Division in order to publish a competitive solicitation, this review may atlow the DMMic 1 to identify delkiencles in the vendor requirements or In the commodity or service specifications. The Div review and comments shall not constitute art approval of•the so'icfatiott, Regardress of the Division's review, the Sub - Recipient remains EXHIBIT B Page 49 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 15 bound by a41 applicable taws, regulations, and agreement tears. If during its review the Division Identifros any deficiencies, then the Divisk,n shaft commun•:cele those deficiencies to the Sub- Recipient as qu kly as pessibte within the three (3) business day window outlined above, If the Sub- Recipient publishes a competitive sollctolian after receiving comments from the Division that the solicitalioa is deficient, then lfo-e Division may, I. Terminate this Agreement in accordance with the provisions outlined In p nragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated wilh that solicitation, e_ Except for procurements by micro- purchases ptrrsuaet to 2 C F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R, §208.320(b), if the Sub- Resip;enl Chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall fanned 10 the Division a ccpy of any contemplated, coetract prier to contract execution. The Division shall review the unexecuted contract and provide comments, r any, to the Sub•R.ecipleni within three (3) business days. Consistent with 2 C,F.R, §700.324. the Division wilt review the ut',executed contract for compliance vim the prccurement standards outlined in 2 C_F,li, §§200.318 through 207.32$ as wen as Appendix 11 to 2 C.F,R. Part 200. Consistent with 2 C.F.R, §2c0.31B(k), the Divieion will not substitute its iudgment for that of the Sub-Recipient, While the Sub - Recipient does nct need tho approval of the Division in order to execute a subcontract, hots review may allow IPie D ;eipion to identify deficiencies in the terms and conditions cf the subcontract :.5 weft as deliclenclee in the procurement process that led to the subcontrast The Division's review and comments shall not constitute an aperient of the subcenlra . Regardless of the Division's trrrlew, the Sub-Recipient remains bound by all app cable laws, regulations, and agreement terms. If during its review Iho Division identifies any deficiencies, then the Division shalt communicate those deficiencies l0 the Slab- Recipient es quickly as.possible within ihf. three (3) business ray window outlined above_ If the Sub - Recipient executes a subcontract after reteivng a communication from the Division that the .subcontract i44 non.comp6ant, then the Division may i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, iE Refuse to reimburse tho Sub- Recipient for any costs associated with that subcontract. f_ The Sub - Recipient agrees to inetaeda in the subcontract brat (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by an applicable state and federal laws and regulations; and (iii) the sueconlroctor shall hold the Divisiar' and Sub - Recipient harmless against all clai'tns or whatever nature cosire out of the sebcontractor's performance of work under this Agreement, to the extent allowed and required by law, EXHIBIT B Page 50 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS tG o. As.rcquired by 2 C.F,R, §200.318(x) {1), the Sub- Rexipient shall 'maintain written standards of conduct covering conflicts of interest and governing the actions of its employoos engaged 6n the serectbon. award and administration of contracts.' h. As required by 2 C_F.R_ §200,32 9(a). the Sub - Recipient shall conduct any procurement under this agreement in a manner providing full and open competition.' Accordingly. the Sub- Recipient shall not: i. Race unreasonable requirements on t in order for them to qualify to do business: Require urbaece..sary experience cr excessive bonding; iii_ Ilse noncompetitive pricing prat beet between firms or between af:ated companies; iv, Execute noncompetitive contracts to consultants that are on retainer Contractss; v_ Authorize, condom, or ignore organizational conflicts of interest; vi_ Specify only a brand name product without allowing venders to offer an equivalent vii. Specify a brand name product instead of describing the - performance, specifications, or ocher relevant requirements that pertain 10 the commodity or service solicited by the procurement. viii., Engage fn any arbitrary action duricg the procurement process; or, Fit. Allow p vendor to b d.on a contract if that bidder was involved with developing or drafting the specificatcons, requirements, statement of work, invitation to bid, or request for proposals. i. '(Ejxcept in those cases where applicable Federal stetules expressly mandate or encourage otherwise, the Sub-Recipient, as requfed by 2 C.F.R, §200.319(b), shod not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub - Recipient shaft conduct any procurement.Inyolving invitations to bid seated bids) in accordance :nth 2 C.F.R, §200.32O(c) as yell as Section 287.0570 )(a), Florida Statutes. Fr The Sub - Recipient shall conduct any procurement involving requests for proposal (Le, competitive proposals) in accordance with 2 C.R. ,F §200.320(0) as well as section 287.457(1)(b), Florida Statutes, I. For each subcontract, the Sub- Recipient shall provide a written statement 10 the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 268.703, Florida Statutes. Additionally. the Sub - Recipient shah comply with levee requirements of 2 C,F, P, §200.321 ('Contracting with-sfrtbll and minority businesses, women's business enterprises,- and tabor.,utptus area firm ), (19)ATTACHMENTS EXHIBIT B Page 51 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 17 a, All attachments to this Agreement are inCOtperdted as if set out fully. b. In the event of any Inconsistencies or conflict between the language of this Agreement and the attachments. the language of the attachments shalt cootrol, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments. t. Exhibit 1 • Funding Sources ii. At1& Miont A - Budget and Project list I. Attachment B - Scope e! Work, Detverabfes vnd Financial Consequences Iv. Attachment C - Certification Regarding Debarment v. Attachment 0 - Designation of A;,Utority vi. Attachment - Statement of Assurances vii. Attachment F - Election to Participate In PA Alternative Procedures (PAAP) vii, Attachment G • Public Assfstance Program Guidance ix. Attachment t 9 - FFATA Reporting x. Attachment I - Mandatory Contract Provisions Re,, Attachment J - DRS GIG Audit Issues and AcknoMedgernent xii_ Attachment fC - Justification of Advance Payment (20)PAYMENTS a. Any advance payment under his Agreement Is subject to 2 C.F.R. §2Do.305 and, as applicable, section 216.181(1 B), Florida Statutes. A& advances are required to be he d in an interest- beating account unless otherwise governed by prooram specific waiver. If an advance payment is requested, the budget data on tivhich the request is based and justification Statement shall be submitted along with this agreement at the time of execulion by completing Attachment K - Justification of Advance Payment. The request will specify the amount cd advance payment needed and provide an explanation of the necessity for and proposed use of these funds, My advance funds not expended within the first ninety (90) days of the contract term muEt be returned to the Division Cashier within (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursosrient hag been paid prior to the submittal of a request for advanced payment. After the haital advance if any, payment :hall be made on a reimbursement basis as e roded. b, Invoices shag be suhsnilted et feast gr...arterry and shall include the.supperrIng documentation for all routs of the project or services_ The final invoice, shelf be submitted within thirty (30) days after the. expiration date of the agreement or completion of applicable Project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant !,tanager as part of the Sub - Recipient's quarlecly repolfng as re in Paragraph (12) of this Agreement_ c. If the necessary funds are not ati airable to fund thls Agreement as a. result of action by iite United Stales Congress, the federal office of Ma.•►agament and Budgeting, the Stale Chief EXHIBIT B Page 52 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROO.FS 18 Financial Officer or under subparagraph (9)b:; of this Agreement, all obligations on the part of the Division to make any further payment of funds Shall terminate. and the Sub-Recipient shalt submi its closeout report within thirty days of receiving police from the Division. (2t)MPAYMENTS a. All refunds or repayments due to the Division under this agreement. subject to the exhaust;on of appeals. aro due no later than thirty (30) days from nolificat on by the Division of lu::d , due. FEMA only alfowg thirty (30)-days from deobligat on for V e funds to be repaid before it will refer the amount to the FEfdA Finance Center (FFC) for collection, • b. The Suin•Recipsent understands and agrees that the Recipient may offset funds due and payable to the Svb•Recipient until the debt to the State is satlsfred. fn such event, the Recipient w41 rwtr?y the Sub - Recipient via the entry of notes In FforidaPAiare 0. All refunds or repayments due to the Division under this Agreement ore, to be made payable to the order of - Divis:on of Emergency Management, and mailed directly to the following address: DiViston of Emergency Management Cashier 2555, Shumard Oak Ecvtevard • `raahassee FL 32349-2100 d, In accordance with Section 215.34(2), Frorida Statutes, if a check or other draft is returned to the Division for collection, Sub - Recipient shall pay the Division a service fern of $1511Q. Of 5% of the race amount of the returned check or draft, whichever is greater, (22 )MANDATE CONDITIONS a. The validity of this Agreements subject to the truth and accuracy of ail the information, representatlan s, arxl materials submitted or provided by the Sub - Recipient in this Agreement. in any later submission or response to a DiWbion request, or in any Submission c< response to 01.11111 the requirements of this AgreemenL All of void InformaFOn, representations, and materials are incorporated • by reference, The inaccuracy of the submissions or any nnatoriat changes shall, a: ttty option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the - Division from all its obligations to the Sub - Recipient. b. This Agreement :atoll be construed under the law of the State of Florida, and venue for any actions arising out, of this Agreement shall be in the Circuit Coun of Leon County. If any provision dints Agreement is in conflict with any applicable statute er rule; cr is unenforceable. then the provision shelf be null and void to the extent of ti econflict, and shall be severable, but shall hat invalidate any other provision of this Agreement, c, My power of approval ar disapproval granted to the Ditrip* under the terms of this Agreement stall survive the term of this Agreement EXHIBIT B Page 53 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 19 d. The Sub - Recipient argsees•to comply with the Americans With Disabit;,ies Act (Public Law 101-336. 42 U.S.C. Section 12101 r t sia). which prohibits discrimtination by public and private entitles cn the baeis.of disability in employment, public accommodations, transportation. State and focal government services, and tole; ormmunlcations. Those who have been Waded on the convicted vendor lilt following a conviction for a public entity cartel or on the discriminatvory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may net submit a bid on a contact v +i1h a public entity for the ccrtslrudieat or repair of a public budding or public work, may not subind bide.on leases of real property to a public entity. rn3y not be awarded of perform work as a contractor, supplier, subcorrtro tor, oz consultant under a Contract with a pub w entity. and may net transact business with any public entity in excess of S25,000.00 for e period o136, months from the date of bring placed on the convicted vender list or on the discriminalpry vendor Iist f. Any Sub- Recipient which receives funds under this Agreement from the federal government, certifies, to the best o! ifs krlovdedye and belief, That it and Its principals: An not presently debarred. suspended, proposed for debarment. declared ineligible, or voluntarily excluded from covered traets:ons by a federal department or agency; it Have not within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against therm for fraud or o c offense rn connection with obtaining, attempting to obtain., or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or stale antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false ststerments, or receiving stolen.property; Hi. Are not presently indicted or other,&';se criminay or civilly charged by a governmental entity (federal, state or :oval) with comm sicn of any offenses enumerated in paragraph (22) f. n. of this certiflcaLon; and, iv. Nave rot within a five -year period preceding this Agreement had ono or more public transactions (federal. slate or local) terminated for cause or default. g. If the Sub - Recipient is unable 10 certify to any of the statements in this certification, then the Sub - Recipient shalt attach an explanation to this Agreement. h. In addition, the Sub- Recipient shall send to thu Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for the Sub - Recipient agency and each intended subcontractor which $ub•Rettpiont plans to fund under this Agreement. The form must be received by the Division before the Sub - Recipient enters into a contract with any subcontractor. e The Division reserves the nght to unilatera `y cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters cr other material subject to the • EXHIBIT B Page 54 of 101 • ISLAMORADA AND KEY LARGO LIBRARY ROOFS 90 provisions of Chapter 119, Rends Statutes, which the Sub- Reorpient created or received under this Agreement. j. If the Sub-Recipient is at:owed to ternpOranly invest any advances of funds under this Agreement, any Interest income erfher he returned to the Division or be. applied against the 0:vision's obligation to pay.the contract amount unless dthe wise governed by program specific waiver - R. Tne State of Florida will not intentionally award publItly-fundaci ccinttatts to any contractor who knowingly employs unauthorized Wien workers, constituting a violation of the employment provisions contained In a U.S.C_ Section 1324a(e) (Section 274Afe) of the Immigration and Nationality Act ('INA')]- The Givisitaa shall consider the ernproymect by any contfiolor of unauthorized aliens a violation of Section 274A ) of the INA. Such violation by the Sub•Recipienl of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of thin Agreement by the Division. I, All unmanufactured and manufactured articles, materials and supplies with are acquired for public use under this Ajrecrnent must have been produced in the United State's -as required under 41 U.S.C. 10e, unless i1 would nal be in the public interest or unreasenable In tort. (23 }LOBBYING f RC HIBITION(, h. 2 C.F.R -. §200,450 prohibits reimbursement for costs associated with certain Iotbyang a~livltIQs. b. Section 216.347, Flcride.Stetutes. prohibits any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the teams a the grant or contract prohibit the expenditure of funds ds for the purpose of lobbying the Lea.slature, the judicial branch, or a stale agency.' c. No funds or other resources received from the Division Under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature Or any state agency. O. The Sutt•Recipient certifies, by Its signature to this Agreement_ that to the b ?at of his cr her km:miedge and borief: I No Federal appropriated funds ha:o boon paid or will be paid, by or on behalf of th Sub- Recipient, to any parson for influencing or attempting to influence an officer or employee of any agesaoy, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection trellh the awarding of any Federal contract, the making of.arty Federal grant, the making of any Fedorar loan, the entering into of any cooperative agreement._and the extension, continuation, renewal, amendment pr modifi ati°on of any Federal Contract, grant, Ioen or oocperative agreement. 11. If any Funds other than Federal appropriated funds have been paid or will be paid to any parson for influencing or attempting to inii.ence an officer or employe of any agency, a Member of Conoresa, an officer or employee of Congress, or an employee of a Member of congress in EXHIBIT B Page 55 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 11 connection with this Federal contract,'grant, toaa c: cooperative agreement, the Sub - Recipient shall complete and submit Standard Form-Lit,. "p~Closure. of Lobbying AOtivites," In accordance with its instructrcn5. iii, The Sub - Recipient shall require that this certifkation be included in the award documents For all suttavvares at all tiers (iarluding subcontracts, suh3rants, and contracts under grants, loans. and cooperative agreerhenls) and that all Sub - Recipients shall certify and disclose accordingly, Iv. This certification is a .material representation c4 fact upon which reliance war, placed when this transaction was reline or entered into, Submission of lttis.ce:tification is a prerequisite for making or entering, into this transaction imposed by Section 13.52, Title 31, U.S, Code, Any person who faits to file the required certification shall be subject toe civil penalty e not less than 510,000 and not more than 5100,000 for each such fai•'rrre. (24)COAYRF 1 - 't eh2 AND TRADEMARK EXCEPT AS PROVIDED BELOW. ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB - RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub - Recipient has a pre- existing patent or copyright, the Sub - Recipient shall retain all rights and . entitlements is bra that pre - existing patent or copyright unless the Agreement provides otherwise. ro. IF any discovery or invention is developed in the course, of or its a result of work,or services performed under this Agreement, or in any way connected with it, the Sub- Recipient shall refer the discovery or invention to the Division for a determination whether rho State of Florida will seek patent protection In its wahine Any patent rights accruing Under or in connection with the performance of this Agreement are reserved to the State of FIc,ida. If any books, manuals, ferns, or other copyrightab e material are produced, the-Sub-Recipient sha0 notify the fl vgiion. Any copyrights accruing under or it connection with the performance under this Agreement are transferred by the Sub•Recip ent to the State of Flofi43. c_ Within thirty (30) days of execution of the Agreement, the Sub - Recipient shall disclose ail inteltectual properties relating to the performance of the Agreement which he Or she knows o r ahcutd know co utti give rise to a.patent cr copyright. Tito Sub-Recipient shall retain all rights and entitlements to any-pre-existing Intel :ectual property which Is d Failure to disclose indicate that no such property exists, The Division shall then. under Paragraph (24) b., have the right to all patens and Copyrights which accrue during performance of the Agreement. d. If the Sub- Recipient gvaliFics as a state university under Florida taw, then, pursuant to season 1004.23, Florida Statutes, any Invention conceived exclusively by the employees of the Sub- EXHIBIT B Page 56 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 22 Recipient shall become the solo property cf the Sub- Reaplont. In the case of joint inventions, that is inventions made jointly cy ore or more employees of both parties hereto, each party shall have an equal. undivided interest in and to such joint Inventions. The Divisionshall retain a perpetual. Itriwotable, fully - paid, nonexcbsve license, for its user and the use of Its contractors of any resulting patented, Copyrighted or trademarked work products, developed solely by Cite Sub-Recipient, under this Agreement, for Florida government purposes, {25)LEGAt. ALlTHORiZATIoN. The Sub-Recipient candies that it Iles the tetra! authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (2fi) m OPPDRTUNITygMPLOYMENT a. In accordance w ;th 41 C,F,R. 1.6,04 ,40), the Sub -Reclp eat hereby agrees that it will incoiporate or cause to boa incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labe; at AI 'CFR Chapter 60. ttitr:ch is paid for in whole or in part With funds obtained from the Federal Government or borrowed on the credit of the federal Government pursuant 10 a grant, contract, loan insurance. or guarantee, or urdotaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity cEsuse: During the per of this contract, the contractor agrees DE; foilov.s: L The contractor will not discriminate against arty employee or applicant for employment because of race, cctor, re /igloo sex, or national origin. The contractor wal take affirmative action to ensure that appi ants aro employed, and that employees are treated during employment without regard to their race, color, religion. sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading. demation, or transfer; recruitment or recruitment adver`sing; Layoff or termination; rates a pay et other forms of conip,nsation: and selection for training, including apprenticeship. The contractor agrees to pot in conspicuous places. available to employees and applicants for employment, notices to be provided setting forth the provisiarts of this nondiscrimination clause. IL The contractor will, in all soficitationt or advertisements far employees pieced by or on behalf 011ie Cora-actor. slate that all qualified applicants will receive considerations for employment Without regard to race, color, religion, sex, or national engirt. iii, The contrac will send to each labor union or representative of workers with which he has•a collective bargaining agreement cr other contract or understanding, a notice lo be provided advising the said labor unian.or workers' representatives of the canttactor's commitments tinder Ines section, and shalf post copies of the notice in conspicuous places available to employees and applicants for employment. EXHIBIT B Page 57 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 23 hr. The contractor will comply with all provisions of Exerulive Order 11245 of September 24, 1965, and of the Rees, regulations. and relevant ordenS of the Secretary of Labor. v. 1rie contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1365, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit dceess to his books, records, and accaur+ts by the administering agency and the Se-crater/of Labor for purposes et intiresiigetion to ascertain ccinpliince with such rules, rogulatietrs, and orders, Ili. In the event of the contractor's .noncernpliance with the nondiscrimination clauses of this contract or tic h any at the said rules, regulations, ore deers, This contract may be canceled, terminated, or suspended. in whose or in part and the contractor may be dee red ineliglbte< for further Government contracts or federally assisted construction contracts in accordance with procedures authorizc,J in Executive Order 11246 cf September 24. 1865, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 112465 of September 24, 1965, or by rule, regulation, or order of the Secretor/ of Labor, or as ethoraise provided by law. vii. The contractor will include the portion cif the sentence imniediatsly procoding paragraph (1) and the provisions of paragraphs (1) through (7) In every subcontract or purchase order unless exempted by ruins, regulation,, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of Scptee i er 24, 1965, so that such provisions v::2 be binding upon each subcontractor or vendor. The contractor will' take such action with respect to any subcontract or purchase order as the administering agency may direr ass a means of enfcrcirg si.cN provisions, Including sanctions for nonccntpliance: provided, however. that In the event a contractor becomes involved in, or is threatened with, litigation with a subcanireelor or vender as a result of such direction by the aentinistering agency the cent may request the United States'to.enter Into such litigation to protect the Interests of the United States. b. The Sub•Recip_ent further agrees that is will be bound by the above equal Opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided. that if the applicant so participating is a Site or local government, the above equal opportunity clause is not applicable to any agency, Instrumentally or subdivision of such government which does not participate in work cos or under the contract. c. The Sub - Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor In ablai:ting the compliance of contractors and subcontractors with the equal opponunity cleuee and the rules. regulations,. end relevant orders of the Secretary of Labor, that it will furnish the administering Nancy and the Secretary of Leber such information as they may require for the sup. rvieion of such cornpffance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. EXHIBIT B Page 58 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 24 d. The SubRtwrpaent further agrees that it will refrain from entering into any contort or contract modification subject to Executive Order 11246 of September 24. 1965, with a oantrattor debarred from, or v has net demonstrated oiig=,itity far, Goverment contracts and federally assisted • constructon1 contacts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the aqua( opportunity cbtusm as may be imposed upon contractors and subcontractors by the 20mir inter - mg agency or the Secretary of Labor pursuant to Pa,111, Subpart D of the Executive order. In atldttion, the Sub - Recipient agrees that if it faits or refuses to comply with these undertakirx, ;,, the administering aoezrty may take any or all of the farrowing actitisnS; cancel, terminate, or Suspend in whole or in part this grant (contract- Loan, insurance. guarantee); refrain tram extending any further as5i Stance to the Sub- Recipient the program'with respect to which the fair;rre or refund occurred until satisfactory assurance of future compfance has been recevcd from such Sub•ReCipiant: and refer the case to the Department of Jrss1ice for appropriate legal proceedings, (27)GOPELAND t UBACK The Sub•Rocipient hereby agrees that unless exempt under Federal law, it hvf�i incorporate or cause to be incorporated rota any contract for construction work, or modification thereof, • the following clause: 1 Contractor. The contrader Shall comply .with 18 U.S.C. § 874, 40 U -S.C, 3145, and the requeements of 29 C.F.R. pt 3 as may be .applicable, which are incorporated by referonce into this contract, If Subcontracts. The contractor or subco-^.trolor shaU insert in any subcontracts the clause above and.sucli other clauses as the FEMA may by appropriele instructions require, and also a clause requiring the sincoiantractors to include these eleuseo in any lower tier SUbtontraets. The prime contractor shall be responsible for the compliance by any subcontractor or tower tier subcontractor with all of these contract Ciatrsos. iii, Breach_ A breach of the contract clauses above may be grounds for termination of the contract and for debarmennl oS a contractor and subcontractor as pro•rided in 29 C.F,R,15.12 (28)CONTRACT WORK HOtlf3$ AND SAFETY srAN if the Sub -Recip 'int, with the funds authorized by this Agreement, enters into a wetted that exceeds $100.004 and invokes tine employment of mechanics or laborers, them any such contract must include a provision for compliance with 44 U.S.C_ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3742 of the Act,.each conlraclor must berequired to compute the wages of every mechanic and laborer on the basis of':t standard work week of forty (40) hours, Work in exces of the standard .work week is perrnitslb provided that the worker is compensated at a rate of not loss than one and a half times the basic rate of pay -for all burs worked in excess of forty (40) tusur3 in the work vreek, The requirements 0'40 U.S.C. 3704 are app1iooble to construction work and provide thet no taborer or mechanic must be reguired.to work in surroundings or under working conditions which are unsanitary, ttazrvdous or dangerous, These requirements do net app y to the EXHIBIT B Page 59 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 15 purthascs of supplies r.? materiars or articles ordinarily available on the open market, or contracts for tranSpertation- (29)CL AN AFR A CT AND THIEgDERAL'NATER POLLUTION CONTROL AQ If the Saab- Recipient, ve..h the funds authorized by this Agreement, enters into a contract that exceeds S150.000, then any such contract must Include the fallowing provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to ti o Clean Air Act {42 U.S.C. 7401- 7671q) and the Federal Water Pollution Coatrof Act as amended (33 U.S.C. • 1251- 13S7),and will report violations to FE".3A and the Regional Office of the Environmental Protection Agency (EPA), (30)SUSPENStd�l PND DEBARIAFNT Per 2 C.F.R. 200,213 Suspension and debarment, non - Federal entities are subyec t to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12669, 2 C,F.R. part 1e0. These regulations restrict awards, subaw"ards. and contracts with certain parties that are debarred, suspended. or otherwise excluded from or r-neligble for participation in Federal assistance program;: or activities. If the Sub•Recrplont, with the fund authorized by this Agreement, enters into a contract. then any such contrast must include the following provisions: 1, This contract is a covered transaction far purposes of 2 C,F.R, pt. 180 and 2 G.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor. its principals (defined at 2 C.F.R. § 1 80.995), arils affiliates (defined at.2 C.F.R. § 180.905) aria excluded (defined al 2 C.F.R. g 180.940) or dlsquarifce d {defined al 2 C.E.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C rind '2 C.F,R. pt. 3000, subpart C and must include a repuirrar,ent to comply v4th those regulations in any tower tier covered troasar.lion it enters into; vii. This certification is a :material representation of fact rolled upon by the-Division, If i1 is later determined that the contractor did not comply with 2 C.F.R. pt. 180. subpart C and 2 C,F.R. pt. 3000, subpart C, In addition to remedies available to the Division, the Federal Goverment may pursue available remedies, including but not limited b suspension andlor debarment_ iv. The bidder or proposer agree,, to comply with the requirements of 2 C.F.R. pt. 160, subpart Cenci 2 C.F.R. pi 3000. subpart C while this offer Is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to inetude a prraWsron requiring such compliance in its lower tier covered transactions_ (31)8YRO ANTI- 1,O8r�YINGAMENaMENT If the Sub- Rrxiplent, with the funds author;zzed by i his Agreement, enters into a contract. than any such contract must include irre fallowing clause: Byrd Anti•l,ckbying Amendment, 31 U.S.C. § 13S2 (as amcaded)_ Contractors v.t o apply or bld for an award of 5100.000 or more shag Rte • EXHIBIT B Page 60 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS the.required certification. Each tier certifies to the tier above 1h31 It ...al riot and has not used Federal appropriated fords to pay any person or organization for inlluencirg 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 arty Federal contract, grant, or any other award covered by 31 § 1352, Each tier shall also disclose any lobbying with non. Federal funds that takes place in Cvnnec ion with obtaining any Federal award, Such disclosures aro forwarded from tier to tier up to the recipient. (32JCQNTRACTJKG WW1 SMALL. MIN9RITY BUSINESSES, WQp1EN'S 8IJSINES,9 ENTERPRISES. AND l -?nE9R SURPLUS ARt;,p FIRMS a. If the Sub - Recipient, with the funds authorized by this Agreement- seeks to procure goads or services, then, in accordance with 2 C,F -R, §20O,321, the Sub - Recipient shalt take the following affirmative Steps to assure liiat minority businesses. women's business enterprises, and tabor surplus area firms are used y.'henever possible; 1. Placing qualified small and minority businesses and women's business enterprises an solicitation lists; 5, hauling that small and minority businesses, and women's business enterprises are solicited whenever they are potontial.sources; iii. Ciivx£ing total requirements, when ot1c?m'tr.ally fea sib]e. into smaller tasks or quantities to permit maximum participation by small and minority businesses, and %women's business enterprises: h'. Establishing delivery schedufes, whorr.,the requirement p�>mi which encourage particpation by small and minority busic, ssss. 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 Ccmmerce: and vi Requiring the prime conlrector, if subcontract-5 are to be let to take the affirmative steps listed in paragraphs i. through v. of thls subparagraph. b. The requirement outlined in subparagraph :. above. sometimes referred to as 'socioeccrtomic contracting,' does not impose an obligation to set aside either the solicitation or award. of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out gps urraeat the six affnnatne steps Identified above. c. The 'socioe;gnontic contracting requirement outlines the affirmative steps that thy. Serb =Recipient must lake; the requirements do not preclude the Sub - Recipient from undertaking additional steps to Involve small and minority businesses and srnomen's business enterprises. d. The requirement to divide total requirement,, when economically feesib''e, into ematier tasks or quantities to permit maximum participation by mat and minority businesses and women's business enterprises, does not authorize the Sub- Recipient to break a single project down Into EXHIBIT B Page 61 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 27 Smaller components in order to circumvent Me micro - purchase or smman purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting'). (33)A5�VEIANCES. The SO-Recipient shall comply with any Statement of Assurances incorporated as Attachment E EXHIBIT B Page 62 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 28 IN WITNESS WHEREOF, the parties hereto have exOeuted %is Agreement. SUR•RECIPIENT: MON OE COUNTY `4 LI 4 AT1 l trtEVIN NIADOK C EM ,� Name and title; Dom+!& I Cs 4c I�Ia.J� ' IDERIRY CLERK Dote: Nt Rr -Li 2-, 1 . e FE €Dk 59- 6000749 STATE OF FLORIDA DW S9ON OF EMERGENCY MANAGEMENT N me 1_____________ e• Wesley Wu' Doctor po 3et Date: / 4 - - I S MONIT.OE COUNTY ATCORNBY ( 1 14 : A@ PRO, ` 1) AS TO E R, f vS n Mi: r• + CE8It &ST -S BROWS ASSICTAAT 7°Y FM:INt DATE:.3I's mti _ .. I EXHIBIT B Page 63 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 29 EXHIBIT — 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB- RECIPIENT UNDER THIS AGREEMENT, Federal Program Federal agency: Federat Emergency Management Agency: Pubfr Assistance Program Catalog of Potterer Domestic Assistance: 97,038 Arnountef Federal Funding: S 2,858.535.94 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THES AGREEMENT: • 2 C.F.R, Part 2G0 Uniform Administrative Requirements, Cast Principles, and Audit Requirements for Federal Awards • 44 G.F.R. Pan 209 • The Robert 7, Stafford Disaster Relief and Emergency Assistants Act, Pubf c Law 93.268, as amended. 42 U.S.C. 5121 et seq_, and Rented Authorities • FEMA Pub:'sAssistance Program and Policy Gude, 2017 (in effect for incidents declared on Of after April 1, 2017) Federal Program: 1, Sub - Recipient is to use funding to perform ef<gibte activities to aceordonce with the Public Assistance Program and Palley Guide, 2017 and approved Project Worksheet(s). EligiTs7e work is classified Into the fc!lowina categories: Emergency Work Category A Dekris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D: Water Canlro1 Facilities Calkgory E. Public Buildings and Contents Category F: Public Utilities Category G: Perks. Retrcaiional, and other Facilities 2. Sub•Recipient is subject to all administrative and financial requirements asset Sixth In this Agreement, or will be In violation of tho terms of the Agreement. NOTE: &Winn 20.33 (a)(1) off 2 CPR, as rrivisorl, and Section 21a97(5)r4), Piondo Statures, require that the information about Feder Programs and Star; Projects iric(uthtt' on pg, 4 of this subgrant agreement nadir/ Exhibit t be provided fa Ma S;rb•Recipf r,L EXHIBIT B Page 64 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 30 Attachment A Budget and Project List 611da es. The Budget of this Agreement is Indiafiy deteranrsed by the amount of any Project Werkshieet(s) (PW) that the Federal Emergency Manrgemer.t Adreii slraticn (FELIA) has obtioated fora Sub -Ffec pk.,nt at the time of execution_ Subsequent PJW or revisions thereof will increase or decrease the Budget 01 this Agreement. The PW1sJ that have been cblIgoted are: ESP -4331 Sub- R€ciplent MONRCE COUNTY PlJJ ' Cat PraectTit"-e Estimated ' Fed Federal State Local Total Funding 0 Total % Share Share Share 2 2(0) 8 1 Faros rt unr 52.667,61 Ica% 32.667,0/3. GS 0 0 , $2,657,619.45 LnbOr 6x51 i days j 38(0) 8 - Fire R4stur $106.465 75 100`.`0 5765,455.29 0 0 ¥ 100.406 28 hfetitar Suprges . 41(0) 5 Torrprr7,ry ' $50.0.9r5O 100% $645,64950 0 0 S60,049.5+0 S.ai? ry Fada ws Rental's tor 100 48(01' 8 rernpttirrny $23,507.90 WQ 323,507.50 0 ± 0 323507.07 (gnr,Q - Ll TL--- LL ' 1--t_ 1 Y i + = � 1. _ .,_ J� DR -4337 Totals 52.955.535. • EXHIBIT B Page 65 of 101 • ISLAMORADA AND KEY LARGO LIBRARY ROOFS 31 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work Complete elig ,lo Projects for emergency protective measures, debris rent, repair or repssceme at of Disaster damaged facilities. When FEMA has obligated funding for a Sub- Recipient's PW, the Diiiision notifies tide. Sub•Re rpient with a copy of the PW (or P2 Report), A Sub-Recipient may receiver more than one PW and each will contain m. separate Prcjea. Attachment A, Budget and Project List Of this Agreement will be modified -as necessary to incorporate new ar revised Peas- For the purpose of this Agreement, each Protect will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement, feel Iverah Inc Large Projects Reimbur.Eerrtent requests wilt be submitted separately for each Large Project. Reimbursement for Large Project costs shalt be based on the percentage of Completion of the individual Project, Any request for reimbursement shall provide adequate, well organized and complete source documentation to support 811 costs related to the Project, and shall be ciea:ty identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub - Recipient prior to acceptance fer payment Reirribursemerit up to 95% of the total eligible amount will be pad upon acceptance and contingent upon' • Tsmely submission of Quarterly Reports (due 30 days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement) at beast quarterly and supported by documentation for all costs of the project or services, The final Invoice shalt be submitted Within sbity (60) (Says alter the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting It'e submittal of quarterty invoices shaft to submitted to the Dhrision Grant Manager as pact of the Subaecipiettt's quarterly reporting es referenced In Paragraph 7 of this agreement • Timely submission of Request for Final InspectUOn (within ninety (9©) days of project completion — for each project). • Sub- Recipient shall include a Sworn Affidavit or American institute of Architects (AIA) forms 0702 and 0703. as required be!raty, s A. Affidavit. The Rec Is required to submit an Affidavit signed by the Recipient's project personnel with each reimbursement request attesting to the Follovring; the percentage of completion of the work that the reimbursement request represents. that disbursements or payments were made in accordance %vith alt of the Agreement and regulatory conditions. and that reimbursement is the and has not been previously requested, c B. AIA Forms G702 and G703; For construction projects where an architectural, engineering or construction management firm provides construction administration 'services, the Recipient shall provide a copy of the American Institute of Architects (AIA) form 0702 Application and Certification for Payment, or a eomparabfo form approved by the Division, signed by the contractor and inspectierutertifyln9 architect or engineer, and e copy of form 07 Continuation Sheet, or a comparable form approved by the Dri isle s. EXHIBIT B Page 66 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 32 Five percent (5 %) of the cola! eregiblo amount (inCluding Federal, state and focal shares) will ba withheld from payment until the final Request for Reimbursement (or backup for advance expenditurrr) haS been verified as acceptable by the Division's grant manager, which must include dated certification that the Project is 100% complete_ Further, all required documentation must be available in FloridaPA.org prior to release of final 5%, to Include pea nits, policies E. procedures, procurement and insurance documents_ • Small Projects Small projects will be paid upon obligation of the Project Worksheet. Sub - Recipient must Initiate the . Small Project Closeout in FtoridaPArug within 30 days of completion of the project work, or no later than the period of performance ord date. Small Project Cfoseout is initiated by logging Into FloridaPA.org, selecting the Sub•RercIplen!'s account, then selecting 'Create blew Request'. and selecting 'Now Small Project CompfetionlCtoseoul'. Cornplato the farm and 'Save'. The final action is to Advance the form to the next queue for review. Flnanclal Consoouonceti; For any Project (PW) that the Sub-Recipient fails to complete in compiancc with Federal, stale and local requirements, the Division shalt wiliho'S a portion of the funding up to the full amount. Any funds advanced to. the Sub- Reeiplent will be due bait to the Division. EXHIBIT B Page 67 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 33 Attachment C CERTIFICATION REGARDING DEBARMENIT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) The prose `ilve subcontractor of the Sub -re Zpient, Monroe co.un1 , tartilies, by submfsslon of this dACUrnent, that neither it nor its prreeipals Is presenity debarred, suspended, proposedfor deb.9n OM, declared Inefzglble. or valuntanty excluded from participation in this transeeiieh by any Federal Department or agarcy. (2) where the Sub -roc pient's suixontsaclor is unab"e to certify to the above stnemeni. the prospective contract shall stttach an explanation to this foam, CONTRACTOR Monroe Cauntty 8y_ . Monroe County S fta ure Sub.Resiptent's Plante David Rice. Manor Z0002 Name and Title DEM Contract Number 1100 Si:noa1lun Street Street Address FEMA Project Number Key Wt t, Florida _33040. City, State, Zip Mar L9. 201S pate EXHIBIT B Page 68 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 34 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration•. to provide the authority for the Sub-Recipient's PrimaryAgent and Alternate Agent to access the FlortdaPA.org system In order to enter notes, review notes and documents, and submit the docunerttaliors necessary to work the new event. The Designation of AulltorPy Form is originally subedited as Attachment 'ID" to the PA Funding Agreement for each disaster or eritergency declaration. Subsequently, the Primary or Alternate contact should review the agency cereals at least quarterly. The Authorized Representative can request eh, nge in contacts via email to the state team; a note should be entered (n FIoliaPA.org if the list le correct, Contacts stroutd be remixed as soon as they separate, retire, or are re issigned by the Agency, A new foray will only be needed if all authorized representatives have separated from your agency. Note, that if a new Desig etion form is submitted. all Agency Representatives currently listed es contacts that are not ir✓iuded on the updated form will be Celeted from FlorzdaPA.crg as the contacts listed are replaced in the system, riot supplemented, All users must log in on a monthly Deihl- to keep their accounts from becoming rocked. Inetruclons for Completion Complete the form in its entirety, fisting the name ano information for ail representati•. es who will be Wort in Cite FtaridaPA.org Grant Management System. Users will be notified via email when they have been granted access. The user must log In to the FlcridaPA.org system within 12 hours of being notified or iheir account will lock them out. Ea-eh user must log in within a E4 -day time period or their account will lock them out, in the event you try to fog in and your account is locked, submit a ticket using ttieAccess Request fink . on the home. page. The farm is divieed into twelve blocks; each block nest be completed where appropriate, efoek 1: 'Authorized Agent' - Tt ;s should be the highest authority In your oreaniiation who Is authorized to sign Legal documents an behalf of your organization. (Only one Authorized Agent is allowed and thee person tint have full accessfauthority unless oti.erwise requested). Block 2: 'Primary Agent' - This is the person designated by your organization to receive all correspondence aril is Our main paint of contact. This contec1 will be responsible for answering questions, uploading documents. and submitting repertsirequesls In FlorictaPA.org. The Primary. Agent Is usuelly net tare Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (©nfy one Primary Agent is allowed and ifrols contact will nave furl access), Block 3; 'Alternate Agent' - This is the person designated by your organization to be available when the Primary is not (Only one Alternate Agent is allowed and this contact .till have full access). Block 4, 5, and 6: '{Myer' (Finance/Point of Contact, Risk Manrigemeneinsurance, and EnvIronmeetal- Historic). Providing these contacts is essential in the coordination and communication required betweect state and local subject matter experte, We understand that the same agent may be identified in naultiple Weeks, however We ask that yeti enter the name and information again to ensure we are communicating with the correct individuals. Block 7 -12: 'Other (Read Only Access) -There is no limit on 'Other contacts but we ask that 1hi$ ba restricted to those that are going to actually need to log in and have a-rote le reviewing the Information. This designation is only for situaticnal awareness purposes as Individuate with the 'Other Reed•Only' designation cannot take any action in FIOridaPA.org_ EXHIBIT B Page 69 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 35 37t:Srciswri )N or t n1(Ittrr od:F :s75i Ft :1iAn; 3'LrJ I .1C,55S15TANCti 1.110(:11t.4,\1 Ft.ORI11/k DIV /5TO\ O1 rAIVR(, ,\C'i \1 A .tt:k: \tt \T SubGramlcte: 'It :Et l: A1ltltrd0701 Atilt t (Full :trcoc.i I tiON :: k"rlatenn• Atieitt 11'01 Atctss) tfxmc A pcnt'a i rsntrsf,m l �sific: �: I`iNiOcm ... �.._ .. 4l + v:u C -wl riAtlxm ' 4",, , ,,,,S11[4., 7,p (Say, S zue, i:tp tastnme Talr: •ZiXs Lim. S: Alicmate Agent {l ttlt Acae41) &ix 4: 011ucr- ['lnattce:l'olnt of Clsntact {fti I Acotisl ee 4 ' tZYglnf &I:t(t5 f (1, I,u 11',2•,.I:,vt fJ: : ��: n1sri! t_iitik I (t� hfnit ... At.im :ddse t htrlu: Aditcss , C,l;r,Sat;�n C.r19.1'Nc,a.tit 17:ytnm Tckpr scz M ituil Achhevt F •ntatl .54riu x, (Ins 5: Other-Risk :0141cm-Ist:stiraltre { -uTl As;rns) t Ihi 6: t7t1 r=E:tnar?rnmental- liiitar[r it 5gc..1't tvhsra t'rrp:.ntra+im Osl;. sl Pwanmt lfr ri�s�r: r Olfl -al .4pehee, �.. Matlta„ •ivdreT. tlultrg Ca, St.er 1'Ja5 h+?C `I r- :•.1+?. x - - ,,a e,e Tespvn:z The c A ' A:714, Lie:"Rt:lt un *r •:.i : :...0 + , M:.1t znR•isr:rai : la•auurw fshllfr�f:t 5ul (ct4' gwp ne .sEchum:1,� o:nkr U:ra.u::r u Fplo".1 Itn rs =d ac-.ra..:.r ubin r k4:•L•et: r ittlicd TM - catty Itriret i Lr tri r y Ati,c,ece ,5_ I P ;; h: 1_acv. 'Pti: zs pr:4.4v0 c clben.ue ucin:thi: tTcya; s.+,rnri ,iu 441110 rd ai:c}tre x2 z•,1 xl fee ulc 'auwGi.i:.:. n. all dr ny.a µ4!11 the Swr ai ! eszme , tie -alt ,•. rett ie urn 5:5: taxi . ET to Liras •t awl Lie - eks_. A::.fifrr..:l ctv wc:i may :rt pixad on pa,,v ? c: s'_t.9a:wltamt rvi`'e. ; a•-ly ;,;a`ct by the a" A it xi.^ ,i IVyc St11 S nnttc .tmtltaecrad Aa;ent tiegnanrxt EXHIBIT B - Page 70 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS ;r IIESLCSA ION OFp {Iy1817Ii1 4AGENIS FE31 Lic . s PRQGRANI _ - I LOA 19,'s SION OF E31L1.(Y ?XC:1' \1 1 Sub WAN:: Dale: Box 7: OtFi.r t ktad 11.,dv t szga1 Bart 9: (Mier I ca:l Unl4 Acce „'I - y.gtafaxc 8 41 u.wa .. ._._. 0,00 :carton 07fiC at Pat 7 t?ti,a 4..n ur i UIt0..11 {' .... . !avlttr SJdt „ _. f Almlu:g Cirr, Stay. Jib _..._ CIF”, tiate,'ltp 1 ?q.: .e rc'rpl:.,?= riyume T r:+s; t�cr.: �-_ k.•.' -sr! A�;.fea _• j6•r.•it; RdtlnT•: - __...�., RON $: Ckthpr IRcnd OM) ' PK:4:11) Ih,. 10: C)t lice (itr.t,t Only A.Att iM tktg ::raruxt t 4111:cs.J t'4nirh-c ik'n,-.nt.514m; rrNhcal {'tnattwt �� • city. Steg.72 t ray, 4. grace, �. C ?a41- rc'.ch ,: I t� }ou P recp :e Er Alf!cs5. 1- :_rod .ultrra L'os t l: OLIicr (Rt;id 0:4 Access) i Box 1 /: Qtltsr {Read Q..tlp yaat ate =anrre 4;zt.�o _— i ?r• .ururn!i7tie: f t' wro S 'c 7 +.+ f rteS':' 74. ...""•. t5.�y:�T:.:aC',� � I:u?.•, 1'dc;kna: .,' � mxtr •'St} 40-. 1 [• rt i A_' era • Suh.Crunrec`, Pi?:::ti b'kas (FY) San In jh: DAv: Sub- Grante.'s rg-dteal 1:4 41 —dens 4.Ike -C lica:ion Numb:: (EIN) - 5' nb•l_t't ntet` s(iranlce AGoncy naSi4E:1e:l7 lisl¢ur F:rrrit.;il3ihssic ufa°°-enarye:ne} \:, artt5tent S IF - Clr ail c' : FI PS >1uutbcc (31 ku tsa ) - NOTE; T:. t Strn arzr wy ttmra::s s.hcold be rra lc ¢xh,;:31 - :r :a eevrrn n ct1 , ,u eternutniiThori Ai I n�tntuth thr ;,^uc stair Nt aicr Up11!0 = t,• t:c rnsde t.y entail w the s.`c t •+.. nccig rn yC4r s(Cc A ncs, tcum wall ati:v eiz Pixd;.1 if a l ,..tntx. i, ce icatgit+-{ ?,x5cpar,Jn; cram Twat fi,"4nC4. If i'i. r. do: .s: rr~ringa nr«.tlnt;;tatirhy.7`Au srteit } ti icatta:, •. tati41 l 111 {014• pre•: tteas tStti;tttati:rtt (u <ms :n rPtAt in f',et411Y: tug 110 t ,:. ect +:irtt 1;11„1 a' , c 'Al II repi i, rwn ctiptt:C,. -cent, 6.A-e,n•_u is .at Inc prai REV. tt: Zod? tr:*t'.4atxr l4n;ws4ruzxtx'; EXHIBIT B Page 71 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 37 Attachment E • STATEMENT OF ASSURANCES 1) Tho Sub - Recipient hereby certifies complierec with alI Federal statutes, regul&iions, policies, guidelines, and require ents. Iricltrding but no Crmited to OMB Circulars No. A -21, A47, A -110. A- 122, and A -128; E.O. 12372; and Uniform Administrative Requirements. Cost - principles, and Audit Requirements for Pede:ol Awards. 2 C.F.R. Part 200; that govern the application, acceptance and we of Federal funds for this Federally- assisted proJeot 2) Additionally, to the extent the following provislonS apply to this Agreement, the Sub•Recipient assures anti crrtifis that: a. It possess'3 legal authority to apply for ti•,e greet, and to finance and construct the proposed facilities, that a reseletion, motion, or similar action has been duty adopted or passed as an official at of the Sub - Recipient's governing body, authorizing the filing of the sopplicaticro, including all understarkdings anti 'assurances contained therein. and di :eeting and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. b. Tci the best of its knowledge and belief the disaster relief work descri ad on each Federal Emergency Management Agency {FEMA) Project App :ication for which Federal- Financial ass stance is requested is eligible actordance with the craecie contained in 44 CrF,R § 206 and applicable FEMA policy doouoiants, c. Thos emergency cr disaster relief work. therein described for which Federal Assisian;e is requested herourdar does not, or wilt not. duplicate benefits available for the sa me loss from another some.. 3} The Sub-Recipient further assures it wif I: a. Have sufficient rinds availably to meet the non - Federal Share of the cost for consinnctiaa prc�ectt;_ Sufficient funds will be available when Construction is completed to assure effective eperelion and maintenance of the facility for 1ite purpose consiructed. and if not it will request a waiver (form the Ganrarnor to cover the cost. b. Refrain from entering into a ca is ruction contracts) for the project or Undertake other .activities until ih e condions of the grant program(s) have been met, all contracts meet Federal. State, and focal regulations: c, Provide and maintain competent and adequate architectural' engineering supervision and mspeclinn at the canstructiors site to ensure that the competed work conforms to the approved plans and specifications, and will furnish progress reports and such other information as the Fede.-al grantor agancy may need, d. Cause work an the pro;ecl to be commenced withen a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see Prat work on the project will be dire 10 iomptelicn with reasonable diligence. e. Not dispose of oc encumber its title or other interests in the site and feclines during the pored of Federal interest or while 14e Government holds bonds, whichever fs longer. f- Provide' without cost to the United States and the GranteWRecipient all lands, easements and rights -of -way necessary for accomplishnoent Vine approved work and will also hold and save the Urged States and the Grantee/Recipient free from damages due to the approved work or Federal funding, g. Establish safeguards to prohibit employees from using their positions for a purpose that is or Sivas the appearexs.:e of being motivated by a desire for private gain for • • EXHIBIT B Page 72 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS �>z themselves or ethers, particularly those with whom they have family, business, or other ties, h. Assist the Federal grantor agency in 45 compliance with Section 1O6 of the National' Historic Preservation Act of 1965 as amended, Executive Order 11593, and the Archeological and Historic-al Preservation Act of 1968, by; i. consulting :.ith the Slater Historic Preservation Officer on the conduct of investigations, as necessary, to identity prcperties listed In or eligible for inclusion In the National Register of Historic Plati:es that are subject to adverse effects (site 38 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with alt requirements established by the Federal grantor ay envy to avoid or mitigate adverse effects upon such prcperties. _ t. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and Itne right to examine all records boo' <s, papers, cr documents related to the grant. I. With respect to demolition activiliiesi I. create and stake available documentation sufficient to demonstrate that the Selo-Recipient and as demolition contractor have suffr,.fent manpower and equipment to comply with the obligations as outlined in this Agreement; H. return the property to its natural slate as though no improvements had been contained thereon; ill, furnish doeumerstation of all qualified personnel, licenses. and all equipment necessary to inspect buildings located in Sub - Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirer tints of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv, provide documentation of the inspection results for each structure to indicate safely hazards present, health hazards present, and'or hazardous materials present; v. provide supervision over contractors or employees employed by the Sub - Recipient to remove asbestos and lead from demolished or othenvse applicable structures; vi. leave the demolished site clean, level, and free of debris; vii, notify the Grartoer'Recipient pronsptty cf any unusual existing condition which hampers the conk - actors work; viii. obtain all required permits; N. provide addressers and marked maps for each site where water wets and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and, provide documentation of such closures: x. comply with mandatory standards end policies relating to energy efficiency which are contained in the Slate energy conservation plan issued In etimplioa a with the Energy. Policy and Conservation Act; xi. comply with all applicable standards, orders, or requirements Issued under Section 112 and 308 of the Glean Air Act. Section 508 of the Clean WaterAet, Executive Order 11738. and the U.S, Environmental Protection Agency regulations, (Thus clause must be added to any subcontracts); and xi. provide dectiraentatlon of public notices for demolition activities EXHIBIT B Page 73of101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 3S1 k. Require facilities to be designed to comply with the "American Standard Specifications for making Buildings and Facilities A cesslbte to. and Usat` a by the Physically handi=pped,° Number A117.1 -1991. as modified, The Sub - Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for 5500,000w or more. m. Return overpaid funds within the forty -five (45) day rcqu:remeA1, and if unable to pay viilhin the required time period. begirt working with the Grantee.iRecip in good faith to agree upon a repayment date. n. In the event a Federal or Slate court or Federal or State administrative agency ma1:' s a finding of discrirn nation after a due process hearing on the Grounds of race. eolcr, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding so the Office for Civil Rights. Offir.e of Justice Programs. • 4) The Sub - Recipient agrees it will comply with the: a Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally - assisted programs. b. Provisions of Federal law found at 5 U, S,C, § 1501. el. seq. which limit certain political acbvtiea of employees of a State or local unit of government 1.vrtose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U S,C, §§ 594, 596, and 600.005 relating to elections, relief appropriations, and employment, contributions, and solicitations, d. Minimum wage anti maximum hour's provisions of the Federal Fair Labor Standards Act. e, Contra Work Hci rsar?d Safety Standards Act of 1.952. requiring that mechanics and tabo:ers (Including watchmen and guards) employed on Federally assisted contracts be paid wages of not loss than one and ones -hatf limes their basic we retry for act hours worked in excess of forty hours in a work week. 1. Federal Far Labor Standards Act, requiring that covered employees be paid al least the minimum prescribed wage, and also that they be paid one and ono -half times their bast: wage ratios for all hours worked in excess of the ores-rained work -week. g. Air's- Kickback Act of 1986, which outlaws and prescribes penalties for - kick-backs - s off wages in Federally financed or assisted construction activities h.. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program roquirements,.and other administrative requirements It further agrees to ensure that the facilities under its ownership, tease cr supervision which are utilized in the accomplishment of the project are not listed cn the Environmental Protection Agency's (EPA) list of Violating Facilities and that itv :ill notify tiito Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities Inas - aline that a fq- cility to be used in the protect is under consideration for listing by the EPA. i, Rood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act cf 1973, which requires that on and after 5larzh 2, 1975, the purchase of flood insurance in communities where such insurance iS available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been Identified by the Secretary of dart Department of Housing and Urban Development as an area having special flood hazards, The phrase EXHIBIT B Page 74 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 'Federal financial assistance' includes arty Goan of loam, grant, guaranty, Insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other farm of direct or indirect Federal assistance, J. insurance requirements of Section 314, PL 93 -288, to obtain and maintain any outer insunance.as may bo reasonable, adequate. and necessary to protect against funkier loss to any property which was repriced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechan to modify this Insurance requirement by filing a request for an Insurance covnmissianer certifiOaliora (ICC). The state's insurance canrritsstoner cannot waive Federal insurance requirements but may certify the type, and extant of insurance reasonable to protect against future toss to an Insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1985, as amended, the Juvenile Justice and Delinquency Prevention Act, Cr the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide far Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. and assure the compliance of all its Sub - Recipients and contractors, I. Previsions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18. Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of identifiable Research and Statistical Information; Part 23, Criminal intelligence Systems Operating Polices; Part 30, Intergovernmental Review of Department of'Justice Program and Activities: Part 42, NondiscriminatiorrlEquai Employment Opportunity Policies and Procedures; Part 61, Procedures for Impfarnenting the National Environmental Policy Act; Part 63, Flc' dpkun Management and Wotlaind Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. rri. Lead -Based Paint Poisbn. Prevention Act which prohibits the Use of lea based paint fat construction of rehabilitation cr residential structures. n, Energy Po5_y and Conservation Act and the provisions of the Stale Energy Conservation Plan adopted pursuant thereto. o, Non- discriminatio=t requirements of the Omnibus Crime Control and Safe Streets At of 198ff, as armonded, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Titre II of the Americans with Disabilities Act (ADA} (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975: Department of Justice Non- discrrri: nation Regulations; and Department of Justice regulations on disability discrimination. and assure tho compliance of all its Sub - Recipients and contractors. p, Provisions of Secfio i 311. P.L. 93 -288, and with the Civil Rights At of 14*34 (P -L. 83- 352) which, in Tate VI of the Act. provides that no person in the United Slates of America, Granteeseoplertts shall, on the ground of race. color. or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program cr activity for which the Sub - Recipient tece:ves Federal financial assistance and will immediately take any measures necessary to effectuate this agreement If any real property or structure is provided or improved with the aid of Federal financial. assistance extended to the Sub- Recipient, this assurance shalt obtncate the Serb - Recipient or fn the case of any transfer of such property, any transferee. for the period during whist the reel property or structure is used for a purpose for which the Federal financial assistance is extended or for anot'ncr purooso involving the proviS n of similar services or benefits, q. Provisions of Trite IX of the Education Ameldrnents of 1972, as amended which prohibits discrimination on the bah of gender. EXHIBIT B Page 75 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS •ti ! r. Comprehensive Alcohol Abuse and A'icohel m Prevention, Treatment and Rehabilitation Act of 1970. relating to, nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as e.mertded. relating to confidentiality of alcohol and drug abuse Patier;t records. t. Previsions of all appror.riele environmental taws, including but not limited to: L The Clean Air Act at 1955, as amended; Ir, The Clean Water Act of 1977, as amended: fit. The Endangered Species Act of 1973: v. The Intergovernmental Personnel Act cd 1970 v. Environmental standards which may be prescribed pursuant to the National Environmental Policy At of 1969; vi_ The Wild and Scenic Rivers Act of 1968. related to protecting carnpcnents or potential components of the national wild and scenic rivers system: vll, ire Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix, The provisions of the •atastnl Barrier Resources Act (P.L. 97-348) dale October 19, 1982 which prohibits the expenditure of newest Federal funds within She units a the Coastal Barrier Resources System. u, The provisions of all Execiatrvo Orders includinn but not firirited to: 1 Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the_rege;Iations issued pursuant thereto, which provide that no person shall be discriminated against en the basis of ace, color, religion. sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fai,r treatment ro employment, upgrading. demotion, or transfer: recruitment or recruitment advertising; Iayoff/termination, rates of pity or outer ferns of compensation; and election for training and apprenticeship, EO 11514 (NEPA). EO 11738 (viotaling fannies), iv. EO 11988 (Flo dplain Management). v: EO 11990 (4Ve11ands }, vi. EO 12898 (Environmenlal Justice). 5) For GranteesrRec&aients other than Individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug•Fr 44'orkptace Act of 1488, EXHIBIT B Page 76 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 42 This assurance is given in consideration of and for the purpose of obtaining Federal grants, foam, reimbursements, advances, cc ttrcts, properly, discounts andfor other Federal financial assistance extended to the Sub - Recipient by FEMA. The Sub - Recipient enderatends that such Federal Financial assistance will be extended in reliance on tho representations and agreements made in this Assurance and that bath the United Stales and the GranteeRec:ipient have the joint and Several right to.See< fudicial enforcement of this assurance. This assurance is binding on the Sub - Recipient. its successors. transferee's. • and assignees FOR THE SUBGRANTEEISUB RECIPIENT Signature 0711.A 8caa_ . Sr. airescr3r Q 8, Fitts= 03itlE 2018 Printed Name and Title Dale EXHIBIT B Page 77 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 43 Attachment F Election of Participation in Public Assistance Alternative Procedures (PAAP) Pilot Program Should the Sub - Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act [Division B of P_L 113-2). execution of a Supplemental Funding Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub - Recipient prior to the payment 0 a+x.;rt•, hinds by ti:e :aisle as the Recipient, Payments pro:to sed under the Alternatave Paocoduaes provisions will be requested as an advance and are exempt from advance requirements covered by Section 216.181(16 ), F orida Statutes. They will, however, be treated as an advance for purposes of Requests for Reimbvrspnscnt (RFRs} and satisfaction of the requirement that ninety percent (90 Jo) of previously adVats:,ed funds aunt be accounted for prior to receiving a second advance. in order to elect to participate in the PAAP program for one of the forlovang options, you must read the Guidance our at hOpoi_.(i;;;,tiv_fr-ni3,c.-nvi ti_ernativo_pC ori�.rres and then complete the required documents cn the fallowing pages. The documents can be found under the Permanent Work seziicn of the v:ebpage in ed:labie .pdf format if preferred, PAttP_[a Debris Remov (Cateaory Al Reauhed Docu • Public Assistance for Alternative Procedures Prot Program for Debris Removal Acknowledgement htto ! ..;na.• acv /m^}ia- lyrer5- dia!1f043 196'513g1.1- 2vsj1± ga_ r3. 27. cI.15- 05825G3bdbe2eC11tAPPENDIX A In it_d sl ••din•a scale e•22. 17_�rf PAAP for Permanent Wofs rC f.f,,g� uarcc} S146S!rncrLtrr • Fixed Subgrant Agreement Letter hrl 'rrrinv 1,- rt1 :1,c; :w.'mr_r;i:34ituar. da_a'1 .81'55; r585- 25 3eA:.'6zc1st:-..iinc044c -T I; !fa_IZ ZPZ2 R Alli:n■J Prrrr.:( : s_P ;`l PrO^.ram PLm;ar. ant ; ^tciF Fixed Siixtr ri • Public Assistance Alternative Procedures Pilot Program for Permanent Work AcBnov:ledgement ht :Jww .Ir n:r c•_.i`nui_4hi1.hh t1yrt,r ' -.W754 01)2,^44_ 1 162 gift c11h t�11 _C f _ 5.f ciao. - A A Pr ,i ae1 t Pr } - rim nem >.'Jcik rit:knae.t gcr =, nr.. {:?Pi, .f1_CC..J All PAAP Related Documents (guides. Fact Sheets. Standard Operating Pracedures, FAQs, Archived Dom, etc,) rttaybo found at Bless: ;r:'!'r t ri7yif�3;f_T I rafi Jr65et� ^brv,Uri ari=l i158E-5 Note: PAAP Pra! Program Gado for D brfs Renrovat elicrs'ion 5,tpublishori Juno fa7owing changes: The Public Assistance Alternative Procedures Purl Program for Debris Removal has been extended for one year to June 27, 2018. As part of the extension, FEMA will only authorize the sliding Scale provision in events with significant debris Impacts. The Other three provisions available under the Pilo; remain unchanged_ Fat disasters declared on c r after August 28, 2017, FEN% Fs limiting the usage ad" the pot's slid -rig scale provision to high impart incidents that meet tho foitowing.criler"ra_ hgh concentration of localized damage; EXHIBIT B Page 78 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 44 lame quantifies of debris or S2OM or 1.5 moion cubic yards); and disasters declared very soon atter the incident (8 days) to incentivizc rapid debris ternavar. This guide is applicable to disasters declared oh or after June 28, 2017. The changes to the slidh:g ski °v provi.,ion are applicable to disasters declared on or after August 28, 2017. This version of the pilot guide supersedes the previous pilot guide for debris removal (V4) which was published June 28, 2015. EXHIBIT B Page 79 of 101 • ISLAMORADA AND KEY LARGO LIBRARY ROOFS 45 Public Assistance Altemative Procedures Pilot Program for Debris Removal Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency (FEMA) is implementing alternative procedures for the Public Assista nee (PA) Program through a piilol program, As a representative of the subrecipient, we elect to participate in the following: Accelerated Debris Removal - in Federal cost share (Oiling scats) x Recycling Revenue (subreclpient retention of Income from debris recycling without a award offset) x One-time incentive for a FEMA- aorepted debris management Wan and identification of at least one pre-qualified contractor x Reimbursement c:f straight time force account labor costs for debris removal i_ The pilotis voluntary and the siibrec pient must apply the selected asiernative procedures to all of ils debris removal subawards. 2. For the sliding scale, the subrecip ant accepts responsibility for any costs related to debris operations after six months from the data of the incident unless, based on extenuating circumstances, FEMA grants a time extension, 3. The subrecipient acknowledges that FEE11A may request joust quantity evaluations and details regard ng•subreclpient operations ttecessary to assess the pilot program procedures. 4. Alt contracts must comply with local. state, and Federal requirements for procurement. Including provisions of 2 CFR Part 204, 5. The subrecipient must comply with all Federal, state and toct►l environmental and historic preservation laws. regulations, and ordinances. 6. The Office of inspector General may audit any subrecip andlor subaward, 03105i2018 Sighatuce of.Subrecipieml's Authorized Representative Date Tina $flare Sr Qirector Bud„et & Finance Printed Namo and Titre Monroe County Sub - Recipient Name PA ID Number n We eteot to not participate in the Alternative Procedures far Debris Removal. • • EXHIBIT B Page 80 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 4( FIXED SUBGRANT AGREEMENT LETTER DATE: To Address To FEMA: As a Public Assistance (PA) Sub-Recipient nt _ (PA ID J. in accordance-mod) Section an of the Rober,.T, Stafford Disaster Rel of and Emergency Assistance Act, we agree to accept 0 permanent war* subgrant based on a fixed estimate in the amount of S for subgrant number (copy - attached) under Disaster p 1 1kt accept responsibility for WI cots above the fixed estimate. VVe understand that by participating in this pilot program wo will be reimbursed for allowable costs in accordance with 44 CFR § 13. ?,(b) - 'Appticab!e cast principles', the rei nbursemenl will net exceed the fixed estirn ate, We also undo stand that by agreeing to this fixed estimate_ we wilt not receive additional funding related to the facilities or sites included in the subgrant,'No "also ackncwle that failure to corrapll wih the requirements of applicable laws and leg Watkins oovernirig assistance provided by FEr.IA and the PA alternative procedures pilot program guidance (such as procurement and contracting; environmental and historx prescrvatom compliance; and aviiit and financial accountability) may lead to loss of Federal funding.. Signature of Sib - Recipient's Authorised Representative Oaie Printed Name and Title Signature of Grantee's Authorized Representatfve Date Printed Name and Title EXHIBIT B Page 81 of 101 TUT J Z8 aged 8118IHX3 .N.1044 iv WJ Jc+ sa�npaaoid anlp ulogy eyi en egedlaltJed lou of soap aJyk JagaunN 00 Vd BuJoN ivard?oaj -qns alai pue au:eN paiuyd oleo aulClu idatl pazvayanV s,warcirno8 aJnlau8ls - slueJ6gr:s paxy uo slsoa ieuorl ppe Joy s;esrdds aaptsuoo lou !Lim VW9d 'Jons H '40 '50ZSildD op yiyn eoarepicooe ul sleadde uwgns Jew luoldpOn-gn$ .611ipun j JeJapad 10 ssOl of peal bew luawanniaaJ s!111 yilm Rldulo3 al eloped •palupwaAwl .l JO :A JC ado»s luee$grts 94d atolaq 'aausgidwca dH3 annba, pluom vom so sadaos mau eJeyhA saseo 6ulpripul - V,ueifigns lie raj potaJdwoz aq paw rnatnar dH3 iuEu5gns aofpue lua _aaLs -qns 'cue zone dew lemu©cp SOS dsui io rylJJo r} 'g 'El ped ?!d3 pp yo sucuslnoad 6urpnlou! 'Juouaam'oJd jaj ryuawaJlnbaJ IwJapad pue'atehs 'ICI we, f ldwoo 1snw smetluoo• IIv - s 'spun} ssaoxa 10 asn apaads ao< 6urpJeeaJ omueJ9 f Jliou 4i sGaa6e tualdraZJ•gns au lunoure paxg eui ueyi ialeaJ6 sj I= ilo aay apglsuoci:raJ NO 1 spuehsJapun lua3.dlaa}pons ay} 'alewgsa luaillons paxlj a uerd o - qns in }I •sluer5gns loarca 89Jf'J aJow 3 o auo Jo; saanpvoofd unrleuJoile ul aledppJed /. W ivalrpa8•gns a pue 'rUalmrrlon sl 1071d eq j aoheor6 Jo uuglw gg }o.aiegs leJapad a qurn► spafoad Jul iaued lied)* try Fq srolewpsa Jo malM9u spun; neon yo as fl RiOaroJd aheuroira JoJ Eiuipuny alg 5lla paonpa' }a uolleulwll3 11 seleUJ!Jse papinoJd- ualdr)a}} - qns yo ue?iekien vAgg ,I wea6gas al6uls a Nut Sluei51 paxy eldpintu }a uo9,apposuo3 alatugsa ayl wogs s;so»os l idooOa 'SualOr_N)H -qns ayi se pue 'salCUa 0 p2x4 uo pasoq sluso&gns :sluaweie 6uveoJo} Dist ui 01Cd! 1Jed of uold arVi ' &Mailo} gip spuewopun u95e 'luaydlaay ay; so anile;uesesda.l a s+f •we.4o)d mod e !Amoy; wea6ard (Vd) aouflslssy ollgnd ayl ao; sampaacid anneuiaile 6uguawaidun sa (` ies3a) llouaay lueme5euepy Jiaua6mt23 'f 1.0Z Jo Lib itAotusattotaut ker,00alj dpues ayi tromeavepioade ul luaivafpolxwu )IaV 1 0 4 M luaJrewuad Jolt w2JbOJd 1a1Id eainpacaod enpewaliy asue;sisski dfl F►d ib SI0021 AI1b218I1 0021) 1 A3)1 aNY VCIV1:101A1V1S1 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 48 Attachment G • PUBLIC ASSISTANCE PROGRAM GUIDANCE GRAN t NT'S WEB- BASED PROJECT fiMANAGEMENT SYSTEM (Fie ridaPA.orq Sub- Recipient a must use Plc Grantee's/Recipient's web - based project management . system, FlaridaPA.aag, (available at www,FroridaPA.org) to access and exchange project information with the State throughout the projects life. This includes processing advances, reimbursement requests, quarterly reports, final Inspection schedules, ctranee requests, time extensions. and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub•Reciptont, The Sub - Recipient is required to have working knowledge of the FforidaPA.org system. PROJECT DOCUMENTATION The Sub - Recipient must maintain all source documentation supporting the project costa. To facilitate closeout and audits. the Applicant should file all documentation pertaining to each project with tho corresponding PW as the permanent record of the project. In order to validate) Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA_org r :ebsite, • Contact the grant manager with questions about hove and where to upioad documents. and for assistance Urrtting common documents that apptyto more than one (1) PW. The Sub - Recipient Must retain sufficient records to show its oompii:rnce with the terms of this Agreement, inCtucling documentation of ail program casts. in a form sufficient to determine coinpiiance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Sub -t;eoapienteccounl closeout by FEMA. The five (5) year period is extended if any litigation, claim ar audit is started boo the five (5) year period expires. and extends beyond the five (5) year period. The records must theta be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal preper y valued at $5,ocon or more at the time it is acquired must be retained for fire (5) years after final account closeouL Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. INTERIM INSPECTIONS Interim Inspections may be requested by the Sub - Recipient, on both sranall and large projects, to: I. conduct insurance re;,onciliaticns; nw ew an alternate scope of work; ii. review an intprovel scope of work; areal iv. validate scope of work and/or cost, Interiroa lnspectans may be scheduled and submitted by the Recipient as a request in FtoridaPA.org under the faltov°•ing conditions: a quarterly report has no been a:pdo between quarters, Ir, the Sub- R!°cspieni is not submitting Requests for Reimbursement (RFR's) in a • timely manner, EXHIBIT B Page 83 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 49 ill; reotiejts fora Time E. ension have been mad, that exceed the Grantee's' Recipient's aulhorfty to approve; andtor iv. tttorct: are issues or concerns Identified s the Recipient that may impact funding under this agreement PROJECT RECONCILIATION AND CLOSEOUT The purpose of ctoseouf is for the Sub - Recipient to certify that all wait has been completed. To ensure as timely closeout process. the Sub - Recipient should notify the Recipient within sixty (60) days of Project ce mpletion. The Sub- Recipient- should include the following information wifit its closeout request: • Certification that prefect is comppsate; . Date of projr. d completion; and • Copes of any Recipient time ektensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and rrnproved Projects where fnel casts exceed FEM,A's original•approvat, the final eligible amount fora Large Project is the actual documentrdd cost of the completed, a rgible SOW, Therefore. upon comp eh'on of each Lace. Project that FEMA obligated Rased on an este:sated amount; the Sub•Recipriont should provide the doeUrr unladen to support the actual costa. If the actual costs sign Or -anify differ from the estimated amount, the Sub- Recipient should provide an explanatlen for the significant difference. FEMA reviews the deicurnentatiorr and, if'lace awry; obligates additional fertds.c4 reduces furiding based On actual costs. to ccxrrplete the eligible SOW. If the project included approved hazard mitigation measures: FEMA does not re-evaluate the roost- effectiveness.of the hrMP based on the f'.nal attualtost. If during the review. PEI% determines that the,Sub- Recipient performed worts that was not inciUded in the approvetiSOW, FEMA will designate the project as an Improves( Prosect, cap the funding at the original oStimatad amount, and review the additional SOW for Et-IP compliance. For Fixed Cast Estimate Subav ards, the Applicant must provide documentation to support that it used the funds in acco-dancc with the eligibility criteria de:scriiacd in the PAPPG Charter 2:VIf.G end guidance Provided at htlp.r7vr r. lsza,,gr:,WaiiemnUve- prercedurc ; Once FEMA completes the necessary review and fending adjustments, FEMA closes the project Small Projects Once FEMA obligates a Small Project; FEMA, does not adjust the approved amount of an inds'eidual Small Project. This applies own sritten FEMA at+lr ates the PW tubed en an estimate and actual costs for competing the e".igibto SOW differ from the estimated ame' nt FEMA onlyadjusts the approved amount on individual Small Proects if one of the following conditions applies: • The Sub- Recipfent did not eomptcte the approved SOW • The'Sub•Reciplent rcu3uests.additwonal funds related to an eligible change in SOW; • The PW contains Inadvertent errors or omissions; -or • Actual Insurance. proceeds ender from the amount deducted in the PW. • In the cases FEMA only adjusts the speck cost items affected.. If none.ot the above applies, the Sub•Reclptent may request addition al funding it tine total actual cost of all of its, Small Projects combined exceeds the total amount obligated for all of its Smolt Pfcjcets. rn this case, the Sub- Recipleant must request the additional funding through the appeal process, described in the EXHIBIT B Page 84 of 101 • ISLAMORADA AND KEY LARGO LIBRARY ROOFS 50 PAPPG. Chapter 3:N.0, within sixty {$4} days of completion of its last Smell Prclect. FE1'.IA infers 10 this as a net small project overrun appeal, The appeal must include actual cost daceunse:Matlon for all Small Projects that FEMA originally funded based on estimate amounts_ To ensure that all work rtes been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final Inspections on Large Projects, and may, et its sole discretion, -sect Ono or more Small Projects to be crtspected, Casts determined to be outside of the approved scope Of work andfior outside of the approved performance period cannot be reimbursed, TiME EXTENSIONS FCMA anty. provides PA funding f @r wed( ocoploted and costs incurred within regulatory deadlines_ The deadline: for Emergency Work is 6 months from the dectaaation date. The deadline rot Permanent Work is 16 months front the declaration date- : ANgid0040000:011000k11)1140 Type `o$ Work M on ths x Emergency Work 6. Perranent Work 18 it the Applicant determines it needs additional limo to complete the proreci, including direct_ administrative tasks related to the project, it mu9tsubmit a written request for a tirnne extension to the Recipient with the toIrowing information:. • Documentation substantiating delays beyond its control: • A de {acted justification for the delay; • Status of the work: and • The project timeline with the projected completion date The State (FDEM) has the authority to grant limited time extensions based on extenuating circumstances or unusual project requirements b e' onrthe control of the Sub- Ree:fpient. It may extend Emergency Work projects by 6 months add Permanent Work projects by 30 months FEMA • has authority to extend indivduat project deadlines beyond these tiinefrarnes if extenuating circumstances justify additional tame. This applies to all pre[eds vith the exception of those funded under the PAAP Accelerated Debris Removal procedure arid projects for temporary facilities. With exception of debris removal operations funded under the Accelerated Debris Remcniat Procedure of the Alternative Procedures Pilot Progr am, FEMA generally aonsfers the following to by extenuating circumstances beyond the Applicant's contra • Permitting or EitP compliance related delays due to other agencies involved • Environmental limitations (such as short construction Window) • Inclement weather (siteaccess prohibited or adverse fztepatt on construction) FEM 1 generally considers, the following to be c rcurnsiances vn3hFn the controt of'the Anoiicanl and not just�fil4 fox a game extension; • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change iri administration . or cost accounting system • Compilation of cost de+.srwenlalean Atitiougte FEMA only provides PA funding for work performed on or before the approved deadline, rho Applicant must stdI coriiplota the approved SOW for funding to be eligible. FEMA deobligates funcliaug for any project that the? Applivant does trot cdrnplete. If the Applicant competes a portion of the approved EXHIBIT B Page 85 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS SOW and the completed work is distinct from the uncompleted work, FEMA only deobllgal ss funding for the uncompleted work- For example, if one prtv Incfudes"tunds for three facilities and the Applicant restores only Iwo of the three Fa ifttf s. FERIA only deobliig©tes the amount related to the fadllly that the Applicant did not restore. Request should be submitted prior to, current approved deadline, be specific to project, and Mende the following informat!on With supporting documentation: • Dates and provisions of all previous lime extensions • Construction timeline / project schedule in support of requested time • Basis: for time extersn request. a Delay in obtaining permits • Pemi'siting agericieo involved and appFralien dates o Environmental delays or lirnital&Ons (e.g., short_conslrectien window, nesting seasons) • Dates of correspondence with Various agencies • Specific detaus • Inclement weather (prolonged• severe weather conditions prohibited access to the area, or • adversely Impacted construction) rr Specific dcla➢s • Other reason for defy r. Specific details Submission of a request does not automatically grant an extension to the period of performamee, Without an approved time extension from the State of FEMA (as applicable), any.expenses incurred outside the P,O,P- or ineligi'ble. INSURANCE The Sub- Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverade and ?or other sources, Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants In order to avoid a duplication of benefits. The Sub - Recipient further understands and agrees that If Public AssIstan ] funding is ab;igated for work that Is subsoquently determined to be covered by insurance andlci other sources of funding, FEMA must deobligote the funds per Stafford Act Sections 101 (b)(4) and 312 (c): As n condition of furiding under this Agreement, pursuant to 4 ; C -F,R. §§ 206,252-253, for damaged taciG11es. the Sub - Recipient understands it must. and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future toss for tlhe anticipated Gfe of the restorative work or the • insured facility, whichever Is lesser- Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is fess than $5,000°, In .addition to the preceding requirements, Cite Sub- Recipient under -vanes it is required Co obtain and mainta=n insurance on certain permanent work protects In order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of Me Stafford Acl. As staled in the Stafford Act, "Suet, coverage mat. at a minimum be in the amount of the eligible project cos1s. Further, the Stafford Act, requires a Sub - Recipient to purchase and maintain eisurance, where Mat Instrranca is 'reasonably available, adequate or necessary to protect against future loss' to an insurable facility as a condition for receiving disaster assistance funding. The Public ftssiSlanee Program and Policy Guide further slates 'V the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA Will deny or deobllgate PA funds From the current disaster' If the State insuroco Commissioner certifies that the type and extent of insurance is not 'reasonably ova l abfe. adequate or necessary protect against future loss' to an insurable facility, the Regional Administrator may modify or waive the requlrein rnt inconformity with the certification, The Sub - Recipient understands and agrees It Fs responsible for being aware of, and complying wide, all insurance considerations contained in the Slaffcrd Act and in ..1-1 C.F.R. §§ 206.202.253, EXHIBIT B Page 86 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 52 The Sub•Recipbent agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any enG,1rernent to compensation or indemnification from ouch insurance. The Sub- recipient further agrees to provide all pertinent Insurance information, including but not limited to copies of all policxca. doclaralions pages. insuring agreements. conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility_ Th+® Sub - Recipient understands and agrees that it is required to pursue payment under its raisvrance pollctes.to the best of its ab1Tity to maximize potential coverage avalrable. DUPLICATION OF BENEFITS The Sub - Recipient understands it may not rece na ftmdfog under this Agreement to pay for damage covered by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source Whatsoever. The Sub•Reclplent agrees to reimburse the Recipient if it receives any duplicate benefits, from any sowce, for any damage xlert1ified on Ihca applicable Project Worksheets, for which the Sub - Recipient hes.re;.eived payment from the Recipient, The Sub.R ipiont agrees to notify the Recipient in writing within thirty (30) days of ire date 11 becomes aware of the possrbte avaltabi: ty of, applies for, or receives funds, regardless of The source, which cou J reasonably be considered as dupti ate benefits. In the event the Recipient tleler v nes the Sub- Redpient has receivers duplicate benefits, the Sub - Resilient gives the Grantee/ Recipient andeor the Chief Financial Officer of the State of F (orida, the eXpret.r. authority to offset the amount of any such duplicate benefits by withholding them from any other funds o1hervvise due and payableto the Sub - Recipient, and to use such rernedies as may be available administratively, al kiw, or at equity, to recover such benefits,. COMPLIANCE WJLN PLANNINGtPERMITTING REGULATIONS AND LAWS The Sub - Recipient Is responsible far the iniplementatoon and comptelion of the approved projects described in. the Project Worksheets in a manner acceptabfe to Recipient, and In accorci•anco with applicable Local. State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub - grantee &Sub•R gient, and any land use permitted by or engaged in by tho Son- granteerSub- Recipient, must be consistent wlh the local government comprehensive plan. The Sub - Recipient must ensure that any development or development order complies With all applicable planning. permitting, and building requirements including, but not limited to, the National Environmental Policy At and the National Historic Preservation Act The Sub- Re.c - Oient must engage such competent, properly !tensed, engineering, environmental, archeological, building, and other technical acrd professional ass at all pros sites as may be needed to ensurer that the project cornplies with the contract documents. FUNo1l GOR LARGE PROJECTS Although Large project, payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costa, Funds are made available to the Sub- Repient when work is in progress and Funds have been expended wi th documentation of costs available. When all Work associated with the project is comp :ate, the State wilt perform a reconciliation of actual coats and will transmit rho information to FEMA for its`consideraticn for final fundng adjustments (Sea Closeouts). The submission from the Suh Reeipient requesting this reimbursement must a) a Request for Reimbursement (available in FloridaPA.org); EXHIBIT B Page 87 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 53 b) a Summary of Documentation (SOD) which Is tilted Reimbursement Retail Report in FloridePA.org and is automatically created when the Request for Reimbursement is submitted Sand is supported by copies of original documents such os, but not raided to, centrect documents, insurance policies. payroll records, daly work logs, Invoices. purchase orders. and change orders); and e) the FOEM Cost Claim Summary Workbook (found in the Form;, securer of FlcridaPA.org), along with copies of original documents such as contract documents. Invoices, change cyders, canceled (or other proof of expenditure), purchase orders, etc. ADVANCES Payments under the Public Assistance Alternative Procedures Prograam. (PAAP) are paid as an Advance Payment. Notwithstanding Paragraph 9) Funding, In the Agreement. these payments are not bound by Section 216,181(:6). Florida Statutes, 1_ For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87, A -110, A -122, and the Casa Management Improvement Act of 1990. 2. All advances must be herd in an interest - bearing account with the ir:West being remitted to the Reepient as often as practicable, but not later than ten (10) business days after the close of each ca'endar gunner, 3, In order to. prepare a Request for Advance (RFA) the Seb•Recipent must certify to the Recipient that it has procedures in place to ensure that funds tare disbursed to project vendors, contractors. and subcontractors without unnecessary delay, The Sub- Recipient must prepare and subunit a budget that contains a timeline projecting future payment schedules through protect completion, 4. A separate RFA must be completed for each Pro Worksheet to be included in the Advance Funding Payment. 5, Tire Sub-Recipient must complete a Request for Reimbursement (RFR) via EIoridaPA,org no more than ninety (90) days after receiving its Advance Payment for a specific project, The R.FR must account for all expenditures Incurred while performing eligibly work (letumented in the applicable Project Worksheet for which the Advance vras received. 6, lr a reimbursement has been paid prior to the submittal of a request for an advance payment_ on Advance cannot be accepted f ar processing. 7_ The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if the Sub-Recipient meets the following conditions, .a) the Sub- Recipient must certi to the Recipient that Sub- Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary decay, b) the Sub - Recipient must submit to the Recipient t:i a budget supporting the request, 8. The Sub - Recipient must submit a statement lustifying the advance and the proposed use of the funds, whiolf also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety (99) days after receipt of the Advance; 9, The Recipient may. In its sole discretion, withheld a portion of the Federal andfor nonfederal share of funding under this Agreement from the Sub- Recpient if the Recipient reasonably expects that the Sub - Recipient cannot meet the preyed budgeted timeline or that there may be a subsequent determination b a°EMA that a previous disbursement or lands under this or any other Agreement with the Sub- Recipient was improper. EXHIBIT B Page 88 of 101 • ISLAMORADA AND KEY LARGO LIBRARY ROOFS 54 DESIGNATION OF AGENT The, Sub- Recipi•nt must complete Attachment Cl by designating. at least three agents to execute any Requests far Advance or ReimbsrserhonL certifications, or other necessary documentation on baba =f of the Sub-Recipient. After execution of this Agreement. the authorized, primary, and secondary Agent may request changes to oontacts via email to the Stale assigned team. In the event the Sub- Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub- Recipient's agency, a designation of authority form vi!t be needed to change contacts. • NOTE, Thfs fs very Important because if contacts are not updated, notifications made from FloridaPA.org may not bo received and could result In failure to Meet time periods to appeal a Federal determination. BUNS Q&A What is a DUNS number? The Data Universal Numbering Syslem (DUNS) number is a unique nine - digit identification number provided by Dun & Bradstreet (D &8). The DUNS :cumber Is site specific. Therefore, each distinct physical' l:t:i>lion of an entity such as branches. divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit•a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization_ How do I (pat a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement apps nts ?pcospect[ve applicants. Carr the number below between 8 a,m, and 5 p.m. Ioca[ time in the 48 • contiguous states and speak to a D &B representative. This process will take approximately 5 — 10 minutes and you will receive your DUNS number at the conclusion of the call, 1-868 -705 -5711 What do I need before I request a DUNS number? $afore you call D &B, you will need the fol[owatg pieces of urformatian: • Legal Name • Headquarters name and address for your organization • Doing business as (dba) or other name by which your Organization is commonly recognized • Physical address • Mailing address (if separate from headquarters andror physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my Institution need a DUNS number? New leg illations taking affetet Oct 1, 2003 mandate that 8 DUNS number be provided on all Federal grant and cooperative agreement apptioations. The DUNS number will offer away far the Federal government to better match information across all agencies. EXHIBIT B Page 89 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 55 Now do I see if my institution already has a DUNS number? Cara the tolt free number above and Indttte that you are a Fedora] grant andlcr cooperative agreement spplicanl D&B will tell YOU if your organization already has a number assigned_ ff not, they will ask if you wish to obtain one, Should we use the +4 extension to tho DUNS number? Althci gh D&B provides the ebi3ty to use a 4.digit extension to the DUNS number, neither D &® nor the Federal government assign any importance to the extension. Benefits, if any, derived front the ex ensk,n. will be at your institution only. Is there anything special that we should do for multi - campus systems? Multi- campus systems can use whal ig_caiied ry parent DUNS number to aggregate Infoneeatien tor the system as a who.°e. The math campus will needle be assigned a DUNS number. Then each.satetlito campus will need to reference the main campus DUNS number as their parent DUNS when cbtairting their own DUNS number. Far Nil-f grantees, if each carnpus.submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS.number. Dods the DUNS number need to be included on individual fellowship applications? Yes with one exception. n Is the DUNS number of the sponsoring institution that should be put on rho appltcaticn. individual Kirschstein•NRSA fellowships duet propose training at Federal Iatoratories do not require a DUNS number. Mbar does the DtJNS number have to do with the Central Contractor Registry (CCR), soon to be the Business Partner Network tePN)? • Registration fn the CCR a mandatory for anyone vrdt;ilyg to submit a grant application electronically through Grarns.gov, Your organization aril I need a DUNS number in crder.to register in the CCR: The CCR Is the central registry for arganiza ;icns that have received Federal contracts. If your organization has received Federal contr=s, it Is already registered In the CCR, but this is a good opportunity to verify that your organization information is up to date. For more information about1he CCR, p'raso visit the CCR web site at: vnw.'.ccr.gov. What should wo do if our Institution has more than 1 DUNS number? Your Institution will need to decide which DUNS number to use for grant application purposes end use only that number, Does this apply to non.U$ organizations? Ycs, this WWI requirement applies to elf typos of. grantee organizations including foreign, non - profit, for profit as well as for state and Federal governmf;.nt agencies_ Dees this apply to non - competing progress reports? No. This new requirement applies only to competing applications, Are there any exceptions to the now DUNS number rules? Individuals who would personally receive a gent or cooperative agreement award from the Federal government apart from any business or non - profit organization they may operate are exempt froth this requirement Also individual K rschsteia 1' RSA fellowships that propose training at Federal lalyorateries do not require a DUNS number. Who at my institution is responsible for requesting a DUNS number? This will vary from ihstitutlon to 'institution. This should be done by someone hr:owledgeable about the entire structure of your institution and who has the authority to make such decis ons, Typically this request would come from the firance:accounting department or some ether department that conducts business with a large cross section of the institution. EXHIBIT B Page 90 of 101 • ISLAMORADA AND KEY LARGO LIBRARY ROOFS 56 . We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to tte includeclin any marketing list, What Carl we do? Incursion on a DB.B marketing list is optional If you do not want your namatorganization included on this marketing list, request to be de- fisted from Mfrs marketing free when you are with a D&!3 representative during your DUNS number telephone application. Who do we contact ar we Rave questions? 0 you have questions about applying fora DUNS number, o nt8Ct the pun 8 Bradstreet special plane number 1-F,69-705-9771. If you have questions ccc cemintg this new Federal -wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-399 or via email at ubs i tr Form W -S For the purpose of this Agreement, a Sub4Rcc pient is also a Vendor. The Stale of Florida requires vendors doing'buz -inass t°itth the State to submit a Substitute Form W -9. The purpose of a Form W-9 is to provide a•Federai Taxpayer Identification Number (Till), official entity name, a business designallon (Sole proprietorship. corporail�n, partnership, etc,), and ether taxpayer information to the Stale. Submission of a Form W -9 ensures•that the State's.vendor records and Form 1099 re-porting are accurate. Due to specific State of Florida requirements; the State will not axept tite Inlerisdt t ovonue Service Form W -9. Effective March 5.2012, State of Florida ageoVec s will nit be- permitted to place orders far goodsand services or make payments to any vendor that does not have a verified Substitute W4 on file with the Department of Financial Services; Vendors are required to register and submit a-Forr» Woo on the States Vendor Website at hrWilyejicior.nilrf'orrdar:ro.car,t. EXHIBIT B Page 91 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS • Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT ( FFATA) INSTfRUCT1ON$ AND WORKSHEET PURPOSE: The Federslfunding Accountability and Transparency Act ( FFATA) was signed on • September 26, 2006, The intent of this legislation is lo empower every American with the ability to hold the government accpualab'a for each %Pending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures be made available to the public via a single, searchable website,.which is hits :G :s^,aw.usttsp- ndina. ovi. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management (`FOEM or`Divisior ") mat use to capture and report sub -award and executive mper onion data regarding first tier auti- awards that obligate 525,000 or more In Fedora) funds (excluding Recovery funds as defined In, section 15120) (2) of.tha American Recovery and Reinvestment Act af.2006, Pb, L 111 -5). Note: This "Instructions and Worksheet` t meant to explain the requirements of the FFATA.and give clarity to the FFATA Form distributed to sub- nwardocS for completion. All pertinent info:manon berow should be filled out, signed, and returned to the project Manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to ttre FDEM prior to the FDEM't; issuance of a sub- . award (Agreement) that obtigatvs $25,900 or more fn Federal funds described above. Please provide the following Information and return the signed form to the Division as requested_ PROJECT et NFA EIo -rot Complete FUNDENG AGENCY: Federal Emergency Menagemcul Agency AWARD AMOUNT: S Federal share aiiaunt anfv OBLIGATION/ACTION DATE: date 13 to State of Florida SUSAWARD PATE (if applicable)_ DUNS# . DUNS +4: `if your company erorgenization •does .not have a DUNS number, you will need to obtain ono ftam Dun & Bradstreet of 896 or use web form (http;fdfed6ov,deb.odre apfoam). The process to request:a OUt4S number takes about, ten_m_nutes and Is free of charge. • BUSINESS NAME: OSA NAM (IF APPLICABLE); PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LOVE 1; • • EXHIBIT B Page 92 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 58 ADDRESS LINE 2: ADDRESS LINE 3:. CITY STATE 22P CODE+4" PARENT COMPANY ©UNSP if applicable); CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDArt): DESCRIPTION OF PROJECT (Up to 4000 Chara .iers) Complete eligible Projects for repair or replacement of Disaster damtrged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINT. 1 V ADDRESS LINE 2. ADDRESS LINE 3': _� - CITY STATE ZIP COD E+4** CONGRESSIONAL sTF ICIFOR PRINCIPAL PLACE OF PRO-IEC;T PERFORMANCE: "Providing tne,Zip +4 ensures that the carne Congressional Districts reported_ EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or ergarrization's pre0iodrs fi5fi4 year, did your business or argarizelion (including parent organization, all branches, and all a!fit ttos worldwide) receive (a) 80 percent or more of your annual gross revenues trt n Federal procurement contracts (and 'subcontracts) and Federal financial assistance (e,g, loans. grants. subgrants, andlor cooperative agreements. etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b). $25.000,000 or more in annual grxis revenues from U.S. Federal procurement corlo acts (and subcontracts) and Federal financia! assist;lncr_ (e.g, loans, grams, sub rants, tuuJlor Ocoperative agreements, etc.) subject to the Transparency Act? Yes f No EJ If the answer to Question 1 is 'lies,' continuo to. Question 2. ff the answer to Question 1 is "No ", +'trove to tfro'sfgrnature block below to complete the certification andsubmfttafprocoss, 2. Daes l o public have access to information abeul the compensation of the executives in your business or organization (including parent organization, all hr3r.Chos, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U_S_C_ 78rn(a), 78a(0) Sccl'.vn 6104 of the Internal Revenue Code cf 196? Yes CI No If the answer to Question 2 is ''Yes," move to the signature block below to the certification and submittal procoss, (Note: Securities Exchange Commission information should be accessible at httpflwww .sec.govlanswerslexecomp.htm_ Requests for Internal Revenue Service (IRS) information should be directed. to 'tno local IRS for further assistance,] It the answer to Question 2 is No FFATA reporting Is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" EXHIBIT B Page 93 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 59 appearing below to report the *Total Coenpenaartlon" for the five (S) most highly compensated "Executives ". In rank order, in your organization, For purposes of this request, the following terms apply as defined In 2 CFR Ch- 1 Part 170 Appendix A: is defined as 'officers, niaraging.partners, or other employees in mantu3omerat positions'. 'Total Dernppe jg: is defined as the casts and nencttstr dollar value earned by the executive during the most recently completed fiscal year and includes the following: E Salary and bonus, li. Atvarcfs of stock, stock options, and stook appreciation rights: Use the dotter amount recognized for financial statement reporting purposes with respect to the fiscal year in acoordance with 1iie Statement of Financial Accounting Standards too. 123 (Revised 20C4) (FAS 123RE Shared Based Payments: Earnings for services under nom equity tr'.ccntive plans. This does not Include group Me, her7h, hospital or medical reimbursement plans that do not discriminate in favor of executives, and are available Generally to 00 salaried omp.'oyees. iv. Change in pension value. This is the change bi present value et defined benefit and actuarial pension plans. v. Above- market earrings on deferred compensation which is not tax-twat :Ted. vi.. Other compensation, i1 the aggregate value of all such other compensation (e.g. Severance, termination payments, value of life insurance pall on behalf of the employee, perquisites or property) for the executive exceeds 510,(141). TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion _ ) Rank k — Total Compensation r (Highest to Name for Most Recently Lowest)_ _ (Lest, First, MIL Titre Coat letrd Fiscal Year . r 1 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW. THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE; EXHIBIT B Page 94 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS re Attachment i' Mandatory Contract ProvISIons . Ptovls ens: Arty contract or subcontract funded by this Agreement must contain the applicabte provisions pal: nrtd in Appendix II to.2 CFR Part 200. It is t e respor sib i;ity of the sub- recipient to include the required provisWis. The CMsian provides the following list of sample provisions that may be required: • • • EXHIBIT B Page 95 of 101 TOT jO 96 abed 8 118IHX3 J'WKS 91 IY4 , 1 le :e `s,rtrs:r +tav I-ur Pa1+=:J9 W.1104 tc RW15• Il.. %701U4 +W 1,4 I+ ntrtiN ut at PubMlltNli tjti, dlna. 0.1.1•••4 e!r•i si j r. I rgr Wl -oaJ ,o; 5'314 rhea xA'e'tlitaessu.4 4r6.' s'+ 3141 •f■ 4Ie1N1 44• .V=/X+n3 EMt1 0}y6Ir 1"si ua'. br .utatry> Its' 1 +x531.. ma tat eYa ir"ryYLS:: � +1it >411 "5tT>stt7fgsr 14I,;.P +t 1`^'!NCtr4h Gs Sa'. uxrnvt tap ortril r:tW 4.1 0 0.41 lt-a ',f11 w, .; r - -, to a, t a0.1.1N 1400 .4.41.40 •.3.4a lo tri,%i +it ' L'lil'071j. �ss'NWiu tY33 .�A'NG.xL131vJ *S4 -tti trlan3 i;a'6'Jfi" k°,1f Y.p ^.t Ct.:14'2* tR vu.y.R'r 1 Uer 'J u it le dV 11.MP+CI einrrn 1 +51x. r,ii ®.•'61>•,] fv;l9t04-`0il P4r1 aau'a �\ ielat 54'-5 t1. I, .14P+ n:t!§�] :S IWOr le ss:tin' F+ vna,rA nRaY ;kii r -W9il4 d+tl•FY atlas!! *I9i4 F1= 'M+P'iamsur n: Sela.n•J .Lii:taiYix•.' .WIr 5,:s . a91 � vY l =_aya. 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A &,r 4 Ws I a 1111. rrr.e• t.hilfr aigprr l.. 41 •ri•D I L: 4 P• a4ar'M±. • 4 1 :ad. 410.1.0 . - a:tmr . .. ; ..al ' rig. mile' F..r' 9Mra rave V - N6 f..Iw'k .. »L .6 , fM.ar...Z°'al.+ureWts 1.4 iAGw it t2 EXHIBIT B Page 98 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS c4 Attach ment J DHS OIG AUDIT ISSUES and ACKNOWEDG£MENT The Department of Homeland Security (DHS) Office of inspector General (DIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed berow: There have been 32 separate =lances where GranteesJRecipients or Sub- Recipr..ents did not follo.r the prescribed rules to the paint that the CMG believed the below listed violations could have nullified the FEhfA/State agreement- 1. Non CoMpetillive contracting practices. 2, Failure to include required contract provisions_ 3. Failure to employ the required procedures to ensure that smali. minority, and women's owned firms ware all given fair consideration. 4, Improper "cost- plus -a- percentage -of -cost° contrasting practices, The following Information comes directly from DFlS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG.16- 109.3 dated July 1, 2016. The following may be reasons for the disallowance or total de- obligation of funding given under the FEMN$$tato agreement; 1. Use of improper contracting practices 2. Unsupported cots, 3. Poor project sccosnling. 4. Duplication of benefits, 6. Excessive equipment charge (applicability may vary with hazard mitigation projects), 6, Excessive labor and fringe benefit charges. 7. Unrelated project casts. 6. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate crto parson to coordinate the accr mulatian of records. • Establish a separate and distinct account for recording revenue and expenditures; and a separate identifier for each specific FEMA project. • Ensure that the final claim for eat:h project Iz supported by amounts recorded.in me accounting system. • Ensure that each expenditure recorded in the accounting books anal references . supporting sources of documentation (checks, Invoices. etc.) that can be readily retrieved, EXHIBIT B Page 99 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 65 ▪ Research insurance coverage and .eee& reini ursement for the maximum amount, Credit the appropriate FEMA project with that amount. • Check with your Federal Grant Program Coordinator about availability of funclIn under other Federal programs (Federal Highways, Housing and Urban Development, etc_) and esbsure that V final project claim does nos Include costs that another Federal agency funded czeoutd have funded. • Ensurer that materials taken from oxistiasg inventories far use as FEMA prcects are documented by inventory tiv hdrawa7 and usage records. • Ensure that €kpencitures claimed' under the FEMA project are reasonable, necessary. dire: 11y benefit the project,,and are authorized under the - Scope of Work.` acknoledge that 1 have received a copy oF, and have tleen 1J -dePed on, the abrive DHS O1G Audit Muds. M r `• inty. QM,5/2D18 SO.Recipient Agency Date Signature Tina Scan. St. D:reAj Ruh $ Final Primed Name & Title EXHIBIT B Page 100 of 101 ISLAMORADA AND KEY LARGO LIBRARY ROOFS 66 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance. indicate same by checking the box below. [ j ADVANCE REQUESTER? Axivance payment of S is requested. Balance of payments will be made art a reimbursement basis_ These. funds are needed to pay pending obligations for eibre work, We would not be able to emirate the program without this advance. If you are requesting an advance, complete tie fallowing chart and lire item justification below. BUDGET CATEGORY /LINE ITEMS 2m -20 Anticipated Expenditures for First Throe Months (list applicable line Items) of Agreement Example: PW# OOdf(0) Contract Work $1,6OO,OOO OO (provide detailed justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each fine item, provide a detailed justification explaining the need foe the cash advance. The justification must include supporting documentation that clearly shows tba advance will be expanded within the first ninety (90) days of the contract tares. Support documentation should Include quotes for purchase. delivery time salary and expense projections, etc. to provide the Division reasonable and necessary support that the a will be expended within the first ninety (n) Oeys'of the contract term Any advance functs not expended within the first ninety (90) days of the contra. :t term must be returned toihe Division Cashier, 2555 Shurnard Oak Boulevard, Tallahassee, Florida 32399. within thirty (30) days of receipt. along with any interest earned an the advance). EXHIBIT B Page 101 of 101 DATE (MM /DD/YYYY) A 9 o ® CERTIFICATE OF LIABILITY INSURANCE 09/04/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sandra LaRue NAME: Frank H. Furman, Inc. PHONE Extl: (954) 943 -5050 FAX No): (954) 942 -6310 1314 East Atlantic Blvd. E - MAIL sandra @furmaninsurance.com ADDRESS: P. O. Box 1927 INSURER(S) AFFORDING COVERAGE NAIC # Pompano Beach FL 33061 INSURERA: AXIS Surplus Insurance Co 26620 INSURED INSURER B : Travelers Casualty Ins Co of America 19046 A -1 Property Services Group, Inc INSURER C : Commerce & Industry Insurance Co 19410 890 SW 69th Ave INSURER 0 : INSURER E : Miami FL 33144 INSURER F : COVERAGES CERTIFICATE NUMBER: B: 2018 AU /17 GLUM REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL S LTR TYPE OF INSURANCE NSD WVD POLICY NUMBER (MM DD/YYYY) (MM DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RETED CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,0 00 A Y FLGLNO3829AX 09/30/2017 09/30/2018 PERSONAL &ADVINJURY $ 1, GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE _ $ 2,0 00 , 000 POLICY X TA LOC PRODUCTS - COMP /OPAGG $ 2,0 00 ,0 00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ B OWNED SCHEDULED Y BA4H629064 08/17/2018 08/17/2019 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED NON -OWNE PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAB CLAIMS - MADE BE023207549 09/30/2017 09/30/2018 AGGREGATE $ 5,000,000 DED RETENTION $ VY S WORKERS COMPENSATION RPP VED ISK AGEi• ' STR OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER /EXECUTIVE N /A B�' ' E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? 'a -- . - - -.-- (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DATE _� - 6 DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT $ WAIVER AJ/A,f YES, . DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Islamorada & Key Largo Library Roofs The Monroe County Board of County Commissioners, its employees and officials, are included as Additional Insured regarding General Liability and Auto Liability as required by written contract with the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Comissioners (BOCC) ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE /� Key West FL 33040 ,a 112 � I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD r . - CERTIFICATE OF LIABILITY INSLJ ICE I 08 Agency I Plymouth enc Producer: y g y • This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend, extend Holiday, FL 34691 , or alter the coverage afforded by the policies below. (727):938 -5562 Insurers Affording Coverage _ NAIC # Insured: South East Personnel Leasing, Inc. & Subsidiar ` insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. In B: surer c; Holiday, FL 34691 e Insurer D: ' , Insurer E: _ Coverages - The policies of tnsurance'ilsted below have been Issued to the Insured named above for the policy period indicated, NOtWttt1St0nding'any requirement; WWI or,condibon of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate .Itmits shown may have been reduced by paid claims. INS R ADDL Policy Effective Policy Expiration - LTR INSRD Type of Insurance Policy Number Date Date Limits (MM /DD/YY) (MM /DDIYY GENERAL LIABILITY [ � Each Occurrence 8 • Commercial General Uability. 1 Damage to rented premises (EA ' Claims Made." Occur occurrence) Med Exp I I Personal Adv Injury . . _ . General aggregate limit applies per: . t -- General Aggregate 5 PPolicy ® Project LOC • Products - Comp/Op Agg 5 $ ( AUTOMOBILE LIABILITY Combined Sin Lirril i I I ( Any Auto r ' I K * �. NACiE �T I { At Owned Autos • ` P' 110 E� " • Bodily lnju y ' ill rPerson) y S cheduled Autos I Y �� " i Hired Autos - _ r . ;.ell Injury N -Owned Autos i ! - "` �' YES— (Per Accident) $ ill w F 4 Property Damage (Per Accident) I , EXCESS /UMBRELLA LIABILITY I Each Occurrence Occur Claims Made , Aggregate Deductible .. . - A Workers Compensation and , WC 71949 01/01/2018 01/01/2019 . ' WC state ` OTH i ' Employers' Liability 1 to Limits I , ER ( Any proprietor/partner /executive officer /member j E.L. Each Accident 81000,000 excluded? NO ' j E.L. Disease - Ea Employee ' 81,000,000 ' If Yes, describe under special provisions below. ! E.L. Disease - Policy Limits 31,000,000 Giber Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations /LocationsNehlcles /Exclusions added by Endorsement/Special Provisions: Client ID: 91 -67 -687 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company ": A -1 Property Services Group, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) Coverage does not apply to statutory employee(s) or Independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. _ _ - - - - -. Be. In Date 10/20/2014 CERTIFICATE HOLDER ' '- _- _ - CANCELLATION _ . . .. y of the above described policies be cancelled boors the exotration date thereof, ttte'Issuing - Monroe County Board of County Comissioners (BOCC) Insurer :will endea to mail 30 day Written notice to ` certittoate fie to th left, but failure to 500 Whitehead St I do so shall Impose no obligation or liability of any kind upon the insurer, its agents or representatives; Key West FL 33040 1