09/19/2018 Agreement6 Cc �V
e�
��Ufi GSiVT
Clerk of the Circuit Court & Comptroller = Monroe County, Florida
DATE: October 12, 2018
TO: Tammy Sweeting
Executive Assistant
Ravmond Sanders, Project Manager
Project Management Division
FROM: Pamela G. Hancock, D.C.
SUBJECT: September 19' BOCC Meeting
Attached is an electronic copy of Item D9, Contract with Bender & Associates Architects,
P.A. in the amount of $63,400.00 for Professional Architectural and Engineering Semces for the
repair of the West Martello Ammunition Bunker, 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
5010 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 -289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
TASK ORDER FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
BETWEEN MONROE COUNTY AND BENDER & ASSOCIATES ARCHITECTS, P.A.
FOR
WEST MARTELLO AMMUNITION BUNKER HURRICANE DAMAGE REPAIR
In accordance with the Consultant Agreement for Professional Architectural and Engineering
Services, made and entered into on the 21S day of January, 2015, and as amended first on the 18
day of January, 2017, and as amended second on the 19 day of April, 2018, between MONROE
COUNTY, hereinafter referred to as the "County," and BENDER & ASSOCIATES
ARCHITECTS, P.A., hereinafter referred to as "Consultant," where professional services are
allowed if construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00), or
for study activity if the fee for professional services for each individual study under the contract
does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00), hereinafter referred
to as the "Agreement ".
All terms and conditions of the referenced Agreement apply to this Task Order, unless this Task
Order amends, adds, or modifies a provision or an Article of the Agreement of which will be
specifically referenced in this Task Order and the amendment, addition, or modification shall be
precisely described. These additions apply only to the project referenced in this Task Order.
th
This Task Order is effective on the 19 of SeplcMbe :2018.
1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Professional
Architectural and Engineering Services Agreement, the Consultant will perform services
as described below:
a. Consultant shall conduct an on -site evaluation and assessment of the ammunition
bunker including a structural analysis and utilize these findings as the basis of
design for repair of the damaged ceiling that resulted from Hurricane Irma.
b. Consultant shall detail the structural repairs on the construction documents. The
Consultant shall prepare drawings and specifications that comply with the Secretary
of the Interior's Standards for Rehabilitation and coordinate with and obtain
approvals from the County, State Division of Historical Resources, and the Key
West Historic Architectural Review Commission (HARC).
c. Consultant shall provide construction bidding services to include providing a list of
contractor qualification requirements. Evaluate qualification submittals, attend the
pre -bid conference and respond to bidder questions by addenda and make a
recommendation for an award.
d. Consultant shall provide construction administration services including: conduct
on -site visits and attend progress meetings to confirm compliance with the contract
1
documents and the Secretary of the Interior's Standards; file field reports; approve
contractor's submittals, provide RFI responses, issue Information Bulletins as
required, review and recommend approval of contractor invoices, and final punch
list /acceptance.
2. In accordance with Article VII, paragraph 7.1.1, the County shall pay the Consultant a
lump sum fee of Sixty -Three Thousand Four Hundred and 00 /100 Dollars ($63,400.00)
paid on a percent complete basis for the following phases:
a. On -Site Evaluation and Design Development — consisting of a structural analysis
report — $25,360.00 upon document review and approval by the Director of Project
Management.
b. Construction Documents — consisting of drawings and specifications setting forth
in detail the requirement for the construction of the project — $22,190.00 upon
document review and approval by the Director of Project Management and also be
reimbursed for fees paid for securing approval of authorities having jurisdiction
over the project. -
c. Bidding Phase — $3,170.00 upon completion.
d. Construction Administration — $12,680.00 upon final acceptance.
3. In accordance with Article IX, Paragraph 9.32, of the Second Amendment, which was
dated April 19, 2018, to the Consultant Agreement for Professional Architectural and
Engineering Services, the Consultant is bound by the terms and conditions of the Federally -
Funded Subaward and Grant Agreement, Contract No. Z0002, between Monroe County
and the Florida Division of Emergency Management (Division), a copy of which is
attached hereto as Exhibit "A" and made a part hereof.
All other Terms and Conditions of the Task Order shall remain in accordance with the Agreement
dated January 21, 2015, and as amended on January 18, 2017, and on April 19, 2018.
"1. v $ WHEREOF, each party caused this Task Order to be executed by its duly authorized
tep sir} 3 ITS
es
O . �
BOARD OF COUNTY COMMISWIERS
! MADOK, Clerk OF MONROE COUNTY, FLORID . kw pp
i
By: 6 By: r
Deputy Clerk Mayor /Chairman
• Date: 11, 20 l 1
MONROE COUNTY ATTORNEY'S OFFICE
�P�PPROVED AS TO FOAM
2 PATRICIA EABLES
ASSISTANT COUNTY AWIRNEY
DATE: 9 -
(SEAL) CONSULTANT:
410:41:•7, � BENDER & ASSOCIATES ARCHITECTS, P.A.
Attest: " AYN LEWIS
r;. s•# Commission # GG 100177
Expires May 2, 2021
`•• 1: ;f.1: F Bonded Thru Troy Fain Insurance 800185-7019
_e(
BY 0 ( 4 A.Q.0 )-vA By:
}
MrK Ass +. DAVI1 5A y A(LwITScripAVKIEt.
Print Name Title Print Name Title
Date: q f /y I apig Date: H SEPT Zo1 'b'
•
3
EXHIBIT "A"
FDEM AGREEMENT
4
APPENDIX C -1 - Grants /Subgrants
DIVISION OF EMERGENCY MANAGEMENT
Grant /Grant and Aid Subgrant Routing Sheet
DEM Contract/Grant Nutnber: Z0002 Mod #:
Phone: 815.4419 i D n ti
Project Manager /Cont t rson: Lili Forbe
Division Approval: �,� Date: 3/16/18 Data Div
Subgrantee /Funding ource: M roeC my / DR -4337 Received:
Effective Dates: (9/10/17) - (3/10/18) Amount: $ 2,858,535.94
Typc of Agreement: A) Grant _ B) G & A Subgrant Agreement
) Loan Agreement , D) Other (explain)
Routing:
First Review - Finance:
\1 ?
a evi e
/111111.7 sr Fiscal Mgmt Signature: // � I�W S � ! - ��'
A d" /k)�l
f7
First Review — Legal: r9 -e � Cr' 4 / fit `r:Ph' 4 a Received
Date Reviewed
Legal Signature: 1-
Second Review — Finance: Date Received
Date Reviewed
Fiscal Mgmt Signature:
Second Review — Legal: Date Received
Date Reviewed
Legal Signature:
Distribution: 1 - Division/Bureau with Original Agreement 2 - Grants with Original Agreement 3 - Fiscal Mgmt with Copy of
Agreement
9 1°9 319
rri
r
CO
'1=
CJ�)
�" t
SUBGRANTEE AND CONTRACTUAL AGREEMENT INFORMATION SHEET
SECTION 1 - GENERAL CONTRACT /GRANT INFORMATION
CONTRACT #: Z0002 AWARD AMOUNT: $2,858,535.94
DIVISION: DEM BUREAU: Recovery PROGRAM: DR -4337 (Federal Funds)
SUBGRANTEE /CONTRACTOR NAME: Monroe County
SUBGRANTEE /CONTRACTOR ADDRESS: 1100 Simonton St.,Ste. 2 -213, Key West, FL 33040
WARRANT REMITTANCE ADDRESS) Same as above
SUBGRANTEE /CONTRACTOR CONTACT PERSON & TITLE: Laura deLoach - Hartle, Finance & Shared Services Manager
PHONE: 305292.4482 FAX: E -MAIL: deloachhartle- lauracni.monroecounty- fl.gov
DEM CONTRACT MANAGER: Lili Forbes
BEGINNING DATE: (9/10/17) ENDING DATE: (03/10/18)
FEDERAL EMPLOYER IDENTIFICATION /SOCIAL SECURITY NUMBER: 59- 6000749 ` 1 4
OR
SAMAS FUND IDENTIFICATION NUMBER
(STATE AGENCIES ONLY - 29 DIGITS)
MINORITY VENDOR CODE: (If Applicable, choose one: H- Black, I- Hispanic, ..I-Asian, K- Native American, M- Woman)
SECTION 2 - SUBGRANT RECIPIENT DATABASE INFORMATION
ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY:
COUNTY COUNTY AWARD AMOUNT COUNTY MATCH AMOUNT
Monroe $2,858,535.94 $
STATEWIDE ALLOCATION
SECTION 3 - SUBGRANT /CONTRACT FINANCIAL INFORMATION
GRANT REPORTING REQUIREMENTS: QR (Grant Awards Only) (MO- Monthly, QR- Quarterly, NA)
ORGANIZATION LEVEL: X 31800400000 CFDA #: 97.036 CSFA #:
CM DEM GRANT # 4337F FUND 1 2- 750001 - 105150 EO Z2 $ 2,858,535.94
( 0 ) 0 DEM GRANT # 438=11 FUND 2 2- 239047 - 105150 EO Z3 $
DEM GRANT # FUND 3 EO $
IF THIS IS A MODIFICATION:
MODIFICATION #:
EFFECT OF MODIFICATION:
AMOUNT OF INCREASE /DECREASE IN AWARD AMOUNT:
SECTION 4 - FINANCE AND ACCOUNTING USE ONLY (To be completed by Finance and Accounting)
FID #: SAMAS CONTRACT #: INPUT BY: DATE:
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON -STATE ORGANIZATIONS -
RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION
This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the
Governor's website ( http : / /www.myflorida.com /myflorida/ government/ governorinitiatives /fsaa/index.html).
If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it
now. (Applies only to State agencies)
This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non -
state organizations' after a state program has been determined (using the Florida Single Audit Act State Project
Determination Checklist) to provide state financial assistance (Le. is a State Project as defined in 215.97 (2)(r), F.S.). This
checklist assists in determining if the non -state organization is a vendor, recipient/subrecipient, or an exempt organization.
' A non -state organization is defined as a nonprofit organization, for - profit organization (including sole proprietors), or
Florida local government (excluding district school boards, charter schools and community colleges), which receives
State resources.
Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the
FSAA to non -state organizations to which they provide State resources to assist in carrying out a State Project.
Name of Non -state Organization: Moorop county
Type of Non -state Organization: 1 oral Government
(i.e. nonprofit, for - profit, local government; if the non -state organization is a local government, please indicate the type of
local government – municipality, county commission, constitutional officer, water management district, etc.)
Awarding Agency: flivisinn of FmPrgenny Management
Title of State Project: FPriPral Piihlir. Assistance DR
Catalog of State Financial Assistance (CSFA) Number:
Contract/Grant/Agreement Number: 7n0n2
PART A
YES NO
X 1. Is the non -state organization a district school board, charter school, community college,
government/public university outside of Florida or a Federal agency?
X 2. Is the relationship with the non -state organization only to procure commodities (as defined in
287.012(5) F.S.)?
X — 3. Does the relationship with the non -state organization consist of only Federal resources, State
matching resources for Federal Programs or local matching resources for Federal Programs?
X 4. Does the relationship with the non -state organization consist of only State maintenance of effort
(MOE) resources that meet all of the following criteria?
X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and
are there no additional State requirements?
X B. Do contracts contain sufficient language to identify the State MOE resources and the associated
Federal Program?
X C. Do A -133 audit requirements apply to the State MOE resources and do contracts stipulate that
the State MOE resources should be tested in an A -133 audit in accordance with Federal
Program requirements?
2 MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A -133
Compliance Requirement G (Matching, Level of Effort, Earmarking).
If any of 1-4 above is yes, the recipient/vendor relationship determination does not need to be completed because the
FSAA is not applicable to the non -state organization.
Revised January 01, 2002
Form Number: FSAA_CL2
PART B
RecipientNendor Relationship Determination:
The following should be analyzed for each relationship with a non -state organization where it has been determined that
the state program provides state financial assistance (i.e. is a State Project) and the non -state organization is not exempt
based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or
application.
YES NO
1. Does State law or legislative proviso create the non -state organization to carry out this State Project?
2. Is the non -state organization required to provide matching resources not related to a Federal Program?
3. Is the non -state organization required to meet or comply with specified State Project requirements in
order to receive State resources? (State Project requirements include laws, rules, or guidelines specific
to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of
specified assets, etc. Specified State Project requirements do not include procurement standards,
general guidelines, or general laws /rules.)
_ 4. Is the non -state organization required to make State Project decisions, which the State agency would
otherwise make? (e.g. determine eligibility, provide case management, etc.)
5. Is the non -state organization's performance measured against whether State Project objectives are met?
(e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to
be transported, etc. Performance measures may or may not be related to State performance -based
budgeting.)
If any of the above is yes, there is a recipient/subrecipient relationship and the non -state organization is subject to the
FSAA. Otherwise the non -state organization is a vendor and is not subject to the FSAA.
PART C
Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion
regarding the non -state organization:
(Check one) Recipient/Subrecipient:,X-- Vendor: Exempt Organization:
Comments:
Print Name: 1 ili Fnrhpc Telephone Number: R15 - 4419
Title: Grant Manage
Signature: Date: 3- 2 - 2OI
Note it is the program personnel's responsibility to notify Finance and Accounting of which non -state organizations have
been determined to be recipients and are receiving state financial assistance (i.e. disbursements must be coded as 7500
object code in FLAIR).
Note it is possible to have a contractual agreement with a non -state organization under Chapter 287, Florida Statutes, and
still consider the non -state organization a recipient under the Florida Single Audit Act:
If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in
the document that established the State's, recipient's, or subrecipient's relationship with the non -state organization.
Questions regarding the evaluation of a non -state organization or if it has been determined that the non -state organization
is a recipient and a CSFA number has not been assigned, contact your FSAA State agency liaison or the Executive Office
of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850) 487 -3832 or Suncom 277 -3832.
Reference may be made to Rule 27D -1, FAC.
Revised January 01, 2002
Form Number: FSAA_CL2
1
Contract Number: Z0002
FEDERALLY - FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an
agreement that the pass- through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass- through entity" means "a non - Federal entity that provides a subaward to a
Sub - Recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub- Recipient" means "a non - Federal entity that receives a subaward from a
pass- through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity
receives directly from a Federal awarding agency or indirectly from a pass- through entity."
As defined by 2 C.F.R. §200.92, "subaward" means an award provided by a pass- through entity to a Sub -
Recipient for the Sub - Recipient to carry out part of a Federal award received by the pass- through entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub - Recipient's name: Monroe County
Sub - Recipient's PA ID /FIPS Number: 087- 99087 -00
Sub - Recipient's unique entity identifier: 021771709
Federal Award Identification Number (FAIN): 4337DRFLP0000001
Federal Award Date: 9/30/2017
Subaward Period of Performance Start and End Date: 9/10/2017 — 03/10/2018
Amount of Federal Funds Obligated by this Agreement: $2,858.535.94
Total Amount of Federal Funds Obligated to the Sub - Recipient
by the pass- through entity to include this Agreement: $2,858,535.94
Total Amount of the Federal Award committed to the Sub - Recipient
by the pass- through entity: $2.858,535.94
Federal award project description (see FFATA) • Grant to Local Government for
debris removal, emergency
protective measures and repair or
replacement of disaster damaged
facilities
Name of Federal awarding agency: Dept. of Homeland Security (OHS)
Federal Emergency Management
Agency (FEMA)
Name of pass- through entity: Florida Division of Emergency
Management (FDEM)
2
Contact information for the pass- through entity: 2555 Shumard Oak Blvd.
Tallahassee, FL 32399 -2100
Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.036 Public Assistance
Whether the award is Research & Development: N/A
Indirect cost rate for the Federal award: See by 44 C.F.R. 207.5(b)(4)
3
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Monroe County,
(hereinafter referred to as the "Sub- Recipient ").
For the purposes of this Agreement, the Division serves as the pass- through entity for a Federal
award, and the Sub - Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub - Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub - Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub - Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance ", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub- Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled ''Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required. by Section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub - Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub -
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub- Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
4
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub - Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub - Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to
a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub - Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor and document Sub - Recipient performance; and,
ii. Review and document all deliverables for which the Sub - Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Lililita Forbes
2555 Shumard Oak Blvd. Ste. 360
Tallahassee, FL 32399 -2100
Telephone: 850 -815 -4419
Email: Lililita .Forbes @em.myflorida.com
c. The name and address of the Representative of the Sub - Recipient responsible for
the administration of this Agreement is:
Laura deLoach - Hartle
1100 Simonton St., Ste. 2 -213
Key West, FL 33040 -3110
Telephone: 305 - 292 -4482
Email: deloachhartle - /aura @monroecounty- fl.gov
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party in writing via letter or electronic email. It is the Sub - Recipient's responsibility to
authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the
Designation of Authority (Agents) in Attachment D may authorize addition or removal of agency users.
•
5
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this
agreement must be executed incorporating the Project as identified by number, budget, and scope of
work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for
the Project.
(7) SCOPE OF WORK.
The Sub - Recipient shall perform the work in accordance with the Budget and Project List
— Attachment A and Scope of Work, Deliverables and Financial Consequences — Attachment B of this
Agreement.
(8) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end six (6) months
from the date of declaration for Emergency Work (Categories A & B) or eighteen (18) months from
the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance
with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of
Performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during
which the Sub - Recipient "may incur new obligations to carry out the work authorized under" this
Agreement. In accordance with 2 C.F.R. §200.309, the Sub - Recipient may receive reimbursement under
this Agreement only for "allowable costs incurred during the period of performance." In accordance with
section 215.971(1)(d), Florida Statutes, the Sub - Recipient may expend funds authorized by this
Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement.
(9) FUNDING
a. This is a cost - reimbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub - Recipient only for allowable costs incurred by the
Sub- Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement ( "Budget and Project List "). The
maximum reimbursement amount for the entirety of this Agreement is two million, eight hundred fifty -eight
thousand, five hundred and thirty -five dollars and ninety -four cents ($2,858,535.94).
6
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub - Recipient,
which reads as follows: By signing this report, .I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729 -3730 and 3801 - 3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub - Recipient in FloridaPA.org against a performance measure, outlined
in Attachment B, Scope of Work. Deliverables, and Financial Consequences, that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a 'performance goal ", which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Sub - Recipient "relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division wilt reimburse the
Sub - Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ( "Compensation— personal
services ") and 2 C.F.R. §200.431 ( "Compensation— fringe benefits "). If authorized by the Federal
Awarding Agency, and if the Sub- Recipient seeks reimbursement for overtime expenses for periods when
no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or
other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit.
2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their
employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable
under this Agreement as long as the benefits are_reasonable and are required by law, Sub- Recipient-
employee agreement, or an established policy of the Sub- Recipient. 2 C.F.R. §200.431(b) provides that
the cost of fringe benefits in the form of regular compensation paid to employees during periods of
authorized absences from the job, such as for annual leave, family- related leave, sick leave, holidays,
court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the
following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
7
iii. The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non - Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub - Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub -
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub - Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub - Recipient in its regular operations as a result of the Sub- Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub - Recipient.
j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10)RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub - Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub - Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub - Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
8
The right of access also includes timely and reasonable access to the Sub-Recipients personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub - Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5) years from the date of
submission of the final expenditure report. The following are the only exceptions to the five (5) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 5 -year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub - Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass- through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass - through entity, the 5 -year retention requirement is not applicable to the Sub - Recipient.
v. Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non - Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub - Recipient when it determines that
•
the records possess long -term retention value.
e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub - Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
9
f. As required by 2 C.F.R. §200.303, the Sub - Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub - Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone. is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub - Recipient based upon the funds provided under this Agreement, the meetings of the Sub -
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub - Recipient shall maintain all records for the Sub - Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
10
and objectives of the Budget and Project List — Attachment A, Scope of Work — Attachment B, and all
other applicable laws and regulations.
(11)AUDITS
a. The Sub - Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub - Recipient shall follow Generally Accepted Accounting Principles ( "GAAP "). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
• Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub - Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ( "GAGAS "). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub - Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub - Recipient of such non-
compliance.
e. The Sub - Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub - Recipient's fiscal year.
f. The Sub - Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of.the Sub - Recipient, to the Division at the following
address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
g. The Sub - Recipient shall send the Single Audit reporting package and Form SF -SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h. The Sub - Recipient shall send any management letter issued by the auditor to the
Division at the following address:
11
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(12)REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub - Recipient shall provide the Division with
quarterly reports and a close -out report. These reports shall include the current status and progress by
the Sub - Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
c. The closeout report is due sixty (60) days after termination of this Agreement or sixty
(60) days after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Project List —
Attachment A, and Scope of Work — Attachment B.
e. The Sub - Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub - Recipient shall provide additional reports and information identified in
Attachment G — Public Assistance Program Guidance.
(13)MONITORING.
a. The Sub - Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and /or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment B to this Agreement, and reported in the
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on -site visits by Division staff, limited scope audits, and /or other procedures. The Sub - Recipient
agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub - Recipient is
appropriate, the Sub - Recipient agrees to comply with any additional instructions provided by the Division
12
to the Sub - Recipient regarding such audit. The Sub - Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub - Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
a. Unless Sub- Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub - Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub - Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub - Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub- Recipient which is a
•
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or.tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub - Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur ( "Events of Default "), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
a. Any warranty or representation made by the Sub - Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub -
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b. Material adverse changes occur in the financial condition of the Sub - Recipient at any
time during the term of this Agreement, and the Sub - Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub- Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
•
13
(16)REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub - Recipient and upon the Sub - Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub - Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub - Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub - Recipient to determine the
reasons for or the extent of non - compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub - Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub - Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub - Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub - Recipient.
(17)TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub - Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub - Recipient with thirty (30) calendar days prior written
notice.
14
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub - Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub - Recipient has received the
notification of termination. The Sub - Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub - Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub - Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub- Recipient for the purpose of
set -off until the exact amount of damages clue the Division from the Sub - Recipient is determined.
(18)PROCUREMENT
a. The Sub - Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§ §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non - Federal Entity Contracts Under Federal Awards ").
b. As required by 2 C.F.R. §200.318(b), the Sub - Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(i), the Sub - Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub -
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non - competitive) at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub - Recipient within three (3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -
Recipient. While the Sub- Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub - Recipient remains
15
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub - Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub - Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse,to reimburse the Sub - Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro - purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub - Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub - Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub - Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. § §200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub - Recipient. While the Sub - Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub - Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub - Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub - Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non - compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Sub - Recipient for any costs associated with that
subcontract.
f. The Sub - Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub - Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
16
g. As required by 2 C.F.R. §200.318(c)(1), the Sub - Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C.F.R. §200.319(a), the Sub - Recipient shall conduct any
procurement under this agreement "in a manner providing full and open competition." Accordingly, the
Sub - Recipient shall not:
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub- Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub - Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
k. The Sub - Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b),
Florida Statutes.
I. For each subcontract, the Sub - Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub - Recipient shall comply with the requirements of 2 C.F.R. §200.321
( "Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms ").
(19)ATTACHMENTS
17
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A — Budget and Project List
iii. Attachment B — Scope of Work, Deliverables, and Financial Consequences
iv. Attachment C — Certification Regarding Debarment
v. Attachment D — Designation of Authority
vi. Attachment E — Statement of Assurances
vii. Attachment F — Election to Participate in PA Alternative Procedures (PAAP)
viii. Attachment G — Public Assistance Program Guidance
ix. Attachment H — FFATA Reporting
x. Attachment I — Mandatory Contract Provisions
xi. Attachment J — DNS OIG Audit Issues and Acknowledgement
xii. Attachment K — Justification of Advance Payment
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest -
bearing account unless otherwise governed by program specific waiver. If an advance payment is
requested, the budget data on which the request is based and a justification statement shall be submitted
along with this agreement at the time of execution by completing Attachment K — Justification of Advance
Payment. The request will specify the amount of advance payment needed and provide an explanation of
the necessity for and proposed use of these funds. Any advance funds not expended within the first
ninety (90) days of the contract term must be returned to the Division Cashier within (30) days, along with
any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has
been paid prior to the submittal of a request for advanced payment. After the initial advance, if any,
payment shall be made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30)
days after the expiration date of the agreement or completion of applicable Project, whichever occurs first.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to
the Division Grant Manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph
(12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
18
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub - Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this agreement, subject to the
exhaustion of appeals, are due no later than thirty (30) days from notification by the Division of funds due.
FEMA only allows thirty (30) days from deobligation for the funds to be repaid before it will refer the
amount to the FEMA Finance Center (FFC) for collection.
b. The Sub - Recipient understands and agrees that the Recipient may offset funds due
and payable to the Sub - Recipient until the debt to the State is satisfied. In such event, the Recipient will
notify the Sub - Recipient via the entry of notes in FloridaPA.org.
c. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management ", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
d. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub - Recipient shall pay the Division a service fee of $15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub - Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub - Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub - Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
19
d. The Sub - Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Sub - Recipient which receives funds under this Agreement from the federal
government, certifies, to the best of its knowledge and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five -year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification; and,
iv. Have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
g. If the Sub - Recipient is unable to certify to any of the statements in this certification,
then the Sub - Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub - Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment C) for the Sub - Recipient agency and each
intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must
be received by the Division before the Sub - Recipient enters into a contract with any
subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub -
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
20
provisions of Chapter 119, Florida Statutes, which the Sub - Recipient created or received under this
Agreement.
j. If the Sub - Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount unless otherwise governed by program specific waiver.
k. The State of Florida will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
( "INA ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub - Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
1 All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub - Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub - Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
21
connection with this Federal contract, grant, loan or cooperative agreement, the Sub - Recipient shall
complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
iii. The Sub - Recipient shall require that this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all Sub - Recipients shall certify and disclose
accordingly.
iv.. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB - RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub - Recipient has a pre- existing patent or copyright, the Sub - Recipient shall
retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub - Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub - Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub - Recipient to the State
of Florida.
c. Within thirty (30) days of execution of this Agreement, the Sub - Recipient shall
disclose all intellectual properties relating to the performance of this Agreement which he or she knows or
should know could give rise to a patent or copyright. The Sub - Recipient shall retain all rights and
entitlements to any pre- existing intellectual property which is disclosed. Failure to disclose will indicate
that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all
patents and copyrights which accrue during performance of the Agreement.
d. If the Sub - Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-
22
Recipient shall become the sole property of the Sub - Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub - Recipient, under this Agreement, for Florida
government purposes.
(25)LEGAL AUTHORIZATION.
The Sub - Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub - Recipient to the terms of this Agreement.
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60- 1.4(b), the Sub- Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
23
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
v. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub - Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub - Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
24
d. The Sub - Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub - Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub - Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub - Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI - KICKBACK ACT
The Sub - Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof;
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40)
hours. Work in excess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty
(40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
25
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251- 1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
(30)SUSPENSION AND DEBARMENT
Per 2 C.F.R. 200.213 Suspension and debarment, non - Federal entities are subject to the
non - procurement debarment and suspension regulations implementing Executive Orders 12549 and
12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs or activities.
If the Sub - Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and /or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI- LOBBYING AMENDMENT
If the Sub- Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti - Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall file
26
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Sub - Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub - Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
H. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
`affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub - Recipient must take; the requirements do not preclude the Sub - Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub - Recipient to break a single project down into
27 •
smaller components in order to circumvent the micro - purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting ").
(33)ASSURANCES.
The Sub - Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
28
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB - RECIPIENT: MON COUNTY
A • CLERK / / - 0. I By: BY T i
Name and title: Dam i 8 I't c•e., Mayo ✓ DEPUTY CLERK
Date: Ma�i 2
GI , 2.o i I
FEID# 59- 6000749 ,
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By
p7 -N�me a d Title: Wesley Maul, Director
V ciSar< E /L e414r
Date: `( ' ) - I 0
MONROE COUNTY ATTORNEY
n QQ �� ((
CHRISTINE LIMBERT - BARROWS
ASSISTANT COUNTY TTORNEY
DATE: .
29
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB - RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Emergency Management Agency: Public Assistance Program
Catalog of Federal Domestic Assistance: 97.036
Amount of Federal Funding: $ 2,858
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
• 44 C.F.R. Part 206
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
• FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or
after April 1, 2017)
Federal Program:
1. Sub - Recipient is to use funding to perform eligible activities in accordance with the Public
Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is
classified into the following categories:
Emergency Work
Category A: Debris Removal
Category B: Emergency Protective Measures
Permanent Work
Category C: Roads and Bridges
Category D: Water Control Facilities
Category E: Public Buildings and Contents
Category F: Public Utilities
Category G: Parks, Recreational, and other Facilities
2. Sub - Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about. Federal Programs and State Projects included on pg. 1 of this subgranf
agreement and in Exhibit 1 be provided to the Sub - Recipient.
30 -
Attachment A
Budget and Project List
Budget:
The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that
the Federal Emergency Management Administration (FEMA) has obligated for a Sub - Recipient at the
time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this
Agreement. The PW(s) that have been obligated are:
DR -4337 Sub - Recipient: MONROE COUNTY
PW Cat Project Title Estimated Fed Federal State Local Total Funding
# Total % Share Share Share
22(0) i a Force Account $2,667,613.65 100% $Z667,613.65 0 .0 $2,667,613.65
Labor first 30
days •
39(0) B Fire Rescue $106,465.29 100% 1 $106,465.29 0 0 ' $106,465.29
Medical
Supplies
41(0) B Temporary $60,949.50 f 100% $60,949.50 0 0 i $60,949.50
Sanitary
Facilities
Rentals for 100
48(0) , B Temporary $23,507.50 100% $23,507.50 0 ' 0 $23,507.50
fence
1
I f
i
1
1 •
DR -4337 Total $2,858,535.94
3 1
Attachment B
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of Work
Complete eligible Projects for emergency protective measures, debris removal, repair or replacement of
Disaster damaged facilities.
When FEMA has obligated funding for a Sub - Recipient's PW, the Division notifies the Sub - Recipient with
a copy of the PW (or P2 Report). A Sub - Recipient may receive more than one PW and each will contain
a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as
necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will
be monitored, completed and reimbursed independently of the other Projects which are made part
of this Agreement.
Deliverables
Large Projects
Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large
Project costs shall be based on the percentage of completion of the individual Project. Any request for
reimbursement shall provide adequate, well organized and complete source documentation to support all
costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA.
Requests which do not conform will be returned to the Sub - Recipient prior to acceptance for payment.
Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon:
• Timely submission of Quarterly Reports (due 30 days after end of each quarter).
• Timely submission of invoices (Requests for Reimbursement) at least quarterly and supported by
documentation for all costs of the project or services. The final invoice shall be submitted within
sixty (60) days after the expiration of the agreement or completion of the project, whichever
occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices
shall be submitted to the Division Grant Manager as part of the Sub - Recipient's quarterly
reporting as referenced in Paragraph 7 of this agreement.
• Timely submission of Request for Final Inspection (within ninety (90) days of project completion —
for each project).
• Sub - Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms G702
and G703, as required below.
o A. Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's
project personnel with each reimbursement request attesting to the following: the
percentage of completion of the work that the reimbursement request represents, that
disbursements or payments were made in accordance with all of the Agreement and
regulatory conditions, and that reimbursement is due and has not been previously
requested.
o B. AIA Forms G702 and G703. For construction projects where an architectural,
engineering or construction management firm provides construction administration
services, the Recipient shall provide a copy of.the American Institute of Architects (AIA)
form G702, Application and Certification for Payment, or a comparable form approved by
the Division, signed by the contractor and inspection /certifying architect or engineer, and
a copy of form G703, Continuation Sheet, or a comparable form approved by the
Division.
32
Five percent (5 %) of the total eligible amount (including Federal, state and local shares) will be withheld
from payment until the final Request for Reimbursement (or backup for advance expenditure) has been
verified as acceptable by the Division's grant manager, which must include dated certification that the
Project is 100% complete. Further, all required documentation must be available in FloridaPA.org prior to
release of final 5 %, to include permits, policies & procedures, procurement and insurance documents.
Small Projects
Small projects will be paid upon obligation of the Project Worksheet. Sub - Recipient must initiate the
Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than
the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA.org,
selecting the Sub - Recipient's account, then selecting 'Create New Request', and selecting New Small
Project Completion /Closeout'. Complete the form and 'Save'. The final action is to Advance the form to
the next queue for review.
Financial Consequences:
For any Project (PIN) that the Sub - Recipient fails to complete in compliance with Federal, state and local
requirements, the Division shall withhold a portion of the funding up to the full amount. Any funds
advanced to the Sub - Recipient will be due back to the Division.
33
Attachment C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered. Transactions
(1) The prospective subcontractor of the Sub - recipient, Monroe County , certifies, by submission of
this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Sub- recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
Monroe County
By: 46.4 Monroe County
S'• ature Sub - Recipient's Name
David Rice, Mayor Z0002
Name and Title DEM Contract Number
1100 Simonton Street
Street Address FEMA Project Number
Key West, Florida 33040
City, State, Zip
March 19, 2018
Date
34
Attachment D -
DESIGNATION OF AUTHORITY
The Designation of Authority Form is submitted with each new disaster or emergency declaration to
provide the authority for the Sub - Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org
system in order to enter notes, review notes and documents, and submit the documentation necessary to
work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA
Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate
contact should review the agency contacts at least quarterly. The Authorized Representative can request
a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is
correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A
new form will only be needed if all authorized representatives have separated from your agency. Note that
if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not
included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the
system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming
locked.
Instructions for Completion
Complete the form in its entirety, listing the name and information for all representatives who will be working
in the FloridaPA.org Grant Management System. Users will be notified via email when they have been
granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their
account will lock them out. Each user must log in within a 60 -day time period or their account will lock them
out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link
on the home page.
The form is divided into twelve blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized
to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this
person will have full access /authority unless otherwise requested).
Block 2: "Primary Agent" — This is the person designated by your organization to receive all
correspondence and is our main point of contact. This contact will be responsible for answering questions,
uploading documents, and submitting reports /requests in FloridaPA.org. The Primary Agent is usually not
the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities.
(Only one Primary Agent is allowed and this contact will have full access).
Block 3: "Alternate Agent" — This is the person designated by your organization to be available when the
Primary is not. (Only one Alternate Agent is allowed and this contact will have full access).
Block 4, 5, and 6: "Other" (Finance /Point of Contact, Risk Management- Insurance, and Environmental -
Historic). Providing these contacts is essential in the coordination and communication required between
state and local subject matter experts. We understand that the same agent may be identified in multiple
blocks, however we ask that you enter the name and information again to ensure we are communicating
with the correct individuals.
Block 7 —12: "Other" (Read Only Access) — There is no limit on "Other" contacts but we ask that this be
restricted to those that are going to actually need to log in and have a role in reviewing the information.
This designation is only for situational awareness purposes as individuals with the "Other Read - Only"
designation cannot take any action in FloridaPA.org.
35
DESIGNATION OF AUTHORITY (AGENTS)
FEMA /GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Sub - Grantee:
Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access)
Agent's Name Agent's Name
Signature Signature
Organization / Official Position - Organization / Official Position
Mailing Address Mailing Address
City, State, Zip City, State, Zip
Daytime Telephone Daytime Telephone
E -mail Address E -mail Address
Box 3: Alternate Agent (Full Access) Box 4: Other - Finance /Point of Contact (Full Access)
Agent's Name' Official's Name
Signature Signature
Organization / Official Position Organization / Official Position
Mailing Address Mailing Address
City, State, Zip City, State, Zip
Daytime Telephone Daytime Telephone
E -mail Address E -mail Address
Box 5: Other - Risk Mgmt Insurance (Full Access) Box 6: Other - Environmental Historic (Full Access)
Agent's Name Agent's Name
•
Signature Signature
Organization / Official Position Organization / Official Position.
Mailing Address Mailing Address
City, State, Zip City, State Zip
Daytime Telephone Daytime Telephone
E -mail Address E -mail Address
The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance or, behalf of the Sub-grantee for the
purpose of obtaining certain Grantee and Federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law
93 -288 as amended) or otherwise.availablc. These agents are authorized to represent and act for the Sub - Grantee in all dealings with the State of Florida,
Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub - grantee. Additional contacts may be
placed on page 2 of this document for read only access by the above Authorized Agents.
Sub - Grantee Authorized Agent Signature
•
Date
36
•
DESIGNATION OF AUTHORITY (AGENTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Sub - Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization / Official Position Organization / Official Position
Mailin Address Mailing Address
• City, State, Zip City, State, Zip
,Daytime Telephone Daytime Telephone
E -mail Address E -mail Address
Box 9: Other (Read Only Access) Box 10: Other (Read Only Access)
Agent's Name Official's Name
Signature Signature
Organization / Official Position Organization / Official Position
Mailing Address Mailing Address
City, State, Zip City, State, Zip
Daytime Telephone Daytime Telephone
E -mail Address E -mail Address
Box 11: Other (Read Only Access) Box 12: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization / Official Position Organization / Official Position
Mailing Address Mailing Address
City, State, Zip City, State, Zip
Daytime Telephone Daytime Telephone
E -mail Address E -mail Address
Sub - Grantee's Fiscal Year (FY) Start: Month: Day:
Sub - Grantee's Federal Employer's Identification Number (EIN) -
Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management
Sub - Grantee's: FIPS Number (If Known) - -
NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity
throughout staff turnover. Updates may be made by email to the state team assigned to your account. A new form will only be needed if all
authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have
. been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not
supplement, the contacts on the previous list.
REV. 09 -09 -2017 DISCARD PREV IOUS VERSIONS
37
Attachment E
STATEMENT OF ASSURANCES
•
1) The Sub - Recipient hereby certifies compliance with all Federal statutes, regulations, policies,
guidelines, and requirements, including but not limited to OMB Circulars No. A -21, A -87, A -110, A-
122, and A -128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and
use of Federal funds for this Federally- assisted project.
2) Additionally, to the extent the following provisions apply to this Agreement, the Sub - Recipient
assures and certifies that:
a. It possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action -has been duly adopted
or passed as an official act of the Sub - Recipient's governing body, authorizing the filing
of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the Sub -
Recipient to act in connection with the application and to provide such additional
information as may be required.
b. To the best of its knowledge and belief the disaster relief work described on each
Federal Emergency Management Agency (FEMA) Project Application for which
Federal Financial assistance is requested is eligible in accordance with the criteria
contained in 44 C.F.R. § 206, and applicable FEMA policy documents.
c. The emergency or disaster relief work therein described for which Federal Assistance
is requested hereunder does not, or will not, duplicate benefits available for the same
loss from another source.
3) The Sub- Recipient further assures it will:
a. Have sufficient funds available to meet the non - Federal share of the cost for
construction projects. Sufficient funds will be available when construction is completed
to assure effective operation and maintenance of the facility for the purpose
constructed, and if not it will request a waiver from the Governor to cover the cost.
b. Refrain from entering into a construction contract(s) for the project or undertake other
activities until the conditions of the grant program(s) have been met, all contracts meet
Federal, State, and local regulations.
c. Provide and maintain competent and adequate architectural engineering supervision
and inspection at the construction site to ensure that the completed work conforms to
the approved plans and specifications, and will furnish progress reports and such other
information as the Federal grantor agency may need.
d. Cause work on the project to be commenced within a reasonable time after receipt of
notification from the approving Federal agency that funds have been approved and will
see that work on the project will be done to completion with reasonable diligence.
e. Not dispose of or encumber its title or other interests in the site and facilities during the
period of Federal interest or while the Government holds bonds, whichever is longer.
f. Provide without cost to the United States and the Grantee /Recipient all lands,
easements and rights -of -way necessary for accomplishment of the approved work and
will also hold and save the United States and the Grantee /Recipient free from damages
due to the approved work or Federal funding.
g. Establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
38
themselves or others, particularly those with whom they have family, business, or other
ties.
h. Assist the Federal grantor agency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended, Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 by:
i. consulting with the State Historic Preservation Officer on the conduct of
investigations, as necessary, to identify properties listed in or eligible for
inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties; and
by complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
i. Give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records books, papers, or
documents related to the grant.
j. With respect to demolition activities:
i. create and make available documentation sufficient to demonstrate that the
Sub- Recipient and its demolition contractor have sufficient manpower and
equipment to comply with the obligations as outlined in this Agreement;
ii. return the property to its natural state as though no improvements had been
contained thereon;
iii. furnish documentation of all qualified personnel, licenses, and all equipment
necessary to inspect buildings located in Sub - Recipient's jurisdiction to detect
the presence of asbestos and lead in accordance with requirements of the U.S.
Environmental Protection Agency, the Florida Department of Environmental
Protection, and the appropriate County Health Department;
iv. provide documentation of the inspection results for each structure to indicate
safety hazards present, health hazards present, and/or hazardous materials
present;
v. provide supervision over contractors or employees employed by the Sub -
Recipient to remove asbestos and lead from demolished or otherwise
applicable structures;
vi. leave the demolished site clean, level, and free of debris;
vii. notify the Grantee /Recipient promptly of any unusual existing condition which
hampers the contractors work;
viii. obtain all required permits;
ix. provide addresses and marked maps for each site where water wells and
septic tanks are to be closed, along with the number of wells and septic tanks
located on each site, and provide documentation of such closures;
x. comply with mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act;
xi. comply with all applicable standards, orders, or requirements issued under
Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act,
Executive Order 11738, and the U.S. Environmental Protection Agency
regulations. (This clause must be added to any subcontracts); and
xii. provide documentation of public notices for demolition activities.
39
k. Require facilities to be designed to comply with the "American Standard Specifications
for Making Buildings and Facilities Accessible to, and Usable by the Physically
Handicapped," Number A117.1 -1961, as modified. The Sub - Recipient will be
responsible for conducting inspections to ensure compliance with these specifications
by the contractor.
I. Provide an Equal Employment Opportunity Program, if required to maintain one, where
the application is for $500,000 00 - or more.
m. Return overpaid funds within the forty -five (45) day requirement, and if unable to pay
within the required time period, begin working with the Grantee /Recipient in good faith
to agree upon a repayment date.
n. In the event a Federal or State court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing on the Grounds of race, color,
religion, national origin, sex, or disability against a recipient of funds, forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
4) The Sub - Recipient agrees it will comply with the:
a. Requirements of all provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 which provides for fair and equitable treatment of
persons displaced as a result of Federal and Federally- assisted programs.
b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political
activities of employees of a State or local unit of government whose principal
employment is in connection with an activity financed in whole or in part by Federal
grants.
c. Provisions of 18 U.S.C. §§ 594, 598, and 600 -605 relating to elections, relief
appropriations, and employment, contributions, and solicitations.
d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards
Act.
e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and
laborers (including watchmen and guards) employed on Federally assisted contracts
be paid wages of not less than one and one -half times their basic wage rates for all
hours worked in excess of forty hours in a work week.
f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least
the minimum prescribed wage, and also that they be paid one and one -half times their
basic wage rates for all hours worked in excess of the prescribed work -week.
g. Anti - Kickback Act of 1986, which outlaws and prescribes penalties for "kick- backs" of
wages in Federally financed or assisted construction activities.
h. Requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements. It
further agrees to ensure that the facilities under its ownership, lease or supervision
which are utilized in the accomplishment of the project are not listed on the
Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify
the Federal grantor agency of the receipt of any communication from the Director of
the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, which requires that on and after March 2, 1975, the purchase
of flood insurance in communities where such insurance is available, as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the. Department of
Housing and Urban Development as an area having special flood hazards. The phrase
40
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct
or indirect Federal assistance.
j. Insurance requirements of Section 314, PL 93 -288, to obtain and maintain any other
insurance as may be reasonable, adequate, and necessary to protect against further
loss to any property which was replaced, restored, repaired, or constructed with this
assistance. Note that FEMA provides a mechanism to modify this insurance
requirement by filing a request for an insurance commissioner certification (ICC). The
state's insurance commissioner cannot waive Federal insurance requirements but may
certify the types and extent of insurance reasonable to protect against future loss to an
insurable facility.
k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provisions of the current edition of the Office
of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all
other applicable Federal laws, orders, circulars, or regulations, and assure the
compliance of all its Sub - Recipients and contractors.
I. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part
18, Administrative Review Procedure; Part 20, Criminal Justice information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review
of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to
Federal Assistance Programs.
m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint
in construction of rehabilitation or residential structures.
n. Energy Policy and Conservation Act and the provisions of the State Energy
Conservation Plan adopted pursuant thereto.
•
o. Non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with
Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations; and
Department of Justice regulations on disability discrimination, and assure the
compliance of all its Sub - Recipients and contractors.
p. Provisions of Section 311, P.L. 93 -288, and with the Civil Rights Act of 1964 (P.L. 83-
352) which, in Title VI of the Act, provides that no person in the United States of
America, Grantees /Recipients shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Sub - Recipient receives
Federal financial assistance and will immediately take any measures necessary to
effectuate this agreement. If any real property or structure is provided or improved with
the aid of Federal financial assistance extended to the Sub - Recipient, this assurance
shall obligate the Sub - Recipient or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits.
q. Provisions of Title IX of the Education Amendments of 1972, as amended which
prohibits discrimination on the basis of gender.
41
r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism.
s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended,
relating to confidentiality of alcohol and drug abuse patient records.
t. Provisions of all appropriate environmental laws, including but not limited to:
i. The Clean Air Act of 1955, as amended;
ii. The Clean Water Act of 1977, as amended;
iii. The Endangered Species Act of 1973;
iv. The Intergovernmental Personnel Act of 1970;
v. Environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969;
vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or
potential components of the national wild and scenic rivers system;
vii. The Fish and Wildlife Coordination Act of 1958;
viii. Environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, regarding the protection of underground water
sources;
ix. The provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated
October 19, 1982 which prohibits the expenditure of newest Federal funds
within the units of the Coastal Barrier Resources System.
u. The provisions of all Executive Orders including but not limited to:
i. Executive Order 11246 as amended by Executive Orders 11375 and 12086,
and the regulations issued pursuant thereto, which provide that no person shall
be discriminated against on the basis of race, color, religion, sex or national
origin in all phases of employment during the performance of Federal or
Federally assisted construction contracts; affirmative action to insure fair
treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff /termination, rates of pay or other forms of
compensation; and election for training and apprenticeship.
ii. EO 11514 (NEPA).
iii. EO 11738 (violating facilities).
iv. EO 11988 (Floodplain Management).
v. EO 11990 (Wetlands).
vi. EO 12898 (Environmental Justice).
5) For Grantees /Recipients other than individuals, the provisions of the DRUG -FREE WORKPLACE
as required by the Drug -Free Workplace Act of 1988.
42
This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans,
reimbursements, advances, contracts, property, discounts and /or other Federal financial assistance
extended to the Sub - Recipient by FEMA. The Sub - Recipient understands that such Federal Financial
assistance will be extended in reliance on the representations and agreements made in this Assurance and
that both the United States and the Grantee /Recipient have the joint and several right to seek judicial
enforcement of this assurance. This assurance is binding on the Sub - Recipient, its successors, transferees,
and assignees
FOR THE SUBGRANTEE /SUB- RECIPIENT :
•
. -411111 %
Signature
Tina Boan, Sr. Director Budget & Finance 03/05/2018
Printed Name and Title Date
43
Attachment F
Election of Participation in
Public Assistance Alternative Procedures (PAAP) Pilot Program
Should the Sub - Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the
Sandy Recovery Improvement Act (Division B of P.L. 113 -2), execution of a Supplemental Funding
Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub -
Recipient prior to the payment of such funds by the State as the Recipient.
Payments processed under the Alternative Procedures provisions will be requested as an advance and
are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will,
however, be treated as an advance for purposes of Requests for Reimbursement (RFRs) and satisfaction
of the requirement that ninety percent (90 %) of previously advanced funds must be accounted for prior to
receiving a second advance.
In order to elect to participate in the PAAP program for one of the following options, you must read the
Guidance found at https:l /www.fema.gov /alternative- procedures and then complete the required
documents on the following pages. The documents can be found under the Permanent Work section of
the webpage in editable .pdf format if preferred.
PAAP for Debris Removal (Category A) Required Documents:
• Public Assistance for Alternative Procedures Pilot Program for Debris Removal
Acknowledgement
https://www.fema.gov/media-library-data/1504811965699-
24dfda9ae3e22d450582553bdb62e0f1/APPENDIX A Revised for limited sliding scale 8-23 -
17.pdf
PAAP for Permanent Work (Categories C -G) Required documents:
• Fixed Subgrant Agreement Letter
https://www.fema.gov/nnedia-library-data/1388154577585-
398aea786c6aedbd048c371270fd7b22/508 PA Alternative Procedures Pilot Program Penman
ent Work Fixed Subgrant Agreement Letter %2012- 13- 13.pdf
• Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement
https://www.fema.gov/media-library-data/1388155802544-
11629c78f8308b5c4120deb135460129/PA Alternative Procedures Pilot Program Permanent
Work Acknowledgement %2012- 13- 13.pdf
All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures, FAQs, Archived
Docs, etc.) may be found at: https://www.fema.gov/ media - library /assets /documents /115868
Note: PAAP Pilot Program Guide for Debris Removal (Version 5) published June 28, 2017 contains the
following changes:
The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for
one year to June 27, 2018. As part of the extension, FEMA will only authorize the sliding scale provision
in events with significant debris impacts. The other three provisions available under the Pilot remain
unchanged.
For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot's sliding scale
provision to high impact incidents that meet the following criteria: high concentration of localized damage;
44
large quantities of debris (over $20M or 1.5 million cubic yards); and disasters declared very soon after
the incident (8 days) to incentivize rapid debris removal.
This guide is applicable to disasters declared on or after June 28, 2017. The changes to the sliding scale
provision are applicable to disasters declared on or after August 28, 2017. This version of the pilot
guide supersedes the previous pilot guide for debris removal (V4) which was published June 28, 2016.
•
45
Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency
Management Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA)
Program through a pilot program.
As a representative of the subrecipient, we elect to participate in the following:
o Accelerated Debris Removal - increased Federal cost share (sliding scale)
x Recycling Revenue (subrecipient retention of income from debris recycling without a award offset)
x One -time incentive for a FEMA - accepted debris management' plan and identification of at least one
pre - qualified contractor
x Reimbursement of straight time force account labor costs for debris removal
1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its
debris removal subawards.
2. For the sliding scale, the subrecipient accepts responsibility for any costs related to debris operations
after six months from the date of the incident unless, based on extenuating circumstances, FEMA
grants a time extension.
3. The subrecipient acknowledges that FEMA may request joint quantity evaluations and details
regarding subrecipient operations necessary to assess the pilot program procedures.
4. All contracts must comply with local, state, and Federal requirements for procurement, including
provisions of 2 CFR Part 200.
5. The subrecipient must comply with all Federal, state and local environmental and historic
preservation laws, regulations, and ordinances.
6. The Office of Inspector General may audit any subrecipient and /or subaward.
rt` 03/05/2018
Signatur- of Subrecipient's Authorized Representative Date
Tina Boan, Sr. Director Budget & Finance
Printed Name and Title
Monroe County
Sub - Recipient Name PA ID Number
o We elect to not participate in the Alternative Procedures for Debris Removal.
46
FIXED SUBGRANT AGREEMENT LETTER
DATE:
To Address:
To FEMA:
As a Public Assistance (PA) Sub - Recipient
(PA ID ), in accordance with Section 428 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, we agree to accept a permanent work subgrant based on a fixed
estimate in the amount of $ for subgrant number (copy attached)
under Disaster # . We accept responsibility for all costs above the fixed estimate.
We understand that by participating in this pilot program we will be reimbursed for allowable costs in
accordance with 44 CFR § 13.22(b) — "Applicable cost principles ", the reimbursement will not exceed the
fixed estimate. We also understand that by agreeing to this fixed estimate, we will not receive additional
funding related to the facilities or sites included in the subgrant. We also acknowledge that failure to
comply with the requirements of applicable laws and regulations governing assistance provided by FEMA
and the PA alternative procedures pilot program guidance (such as procurement and contracting;
environmental and historic preservation compliance; and audit and financial accountability) may lead to
loss of Federal funding.
Signature of Sub - Recipient's Authorized Representative Date
Printed Name and Title
Signature of Grantee's Authorized Representative Date
Printed Name and Title
47
Public Assistance Alternative Procedures Pilot Program for Permanent Work
Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management
Agency (FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a
pilot program. As a representative of the Sub - Recipient, our agency understands the following:
1. We plan to participate in the following elements: •
❑ Subgrants based on fixed estimates, and as the Sub - Recipient, accept responsibility for costs
above the estimate
❑ Consolidation of multiple fixed subgrants into a single subgrant
❑ FEMA validation of Sub - Recipient - provided estimates
❑ Elimination of reduced eligible funding for alternate projects
• Use of excess funds
❑ Review of estimates by an expert panel for projects with a Federal share of $5 million or greater
2. The pilot is voluntary, and a Sub - Recipient may participate in alternative procedures, for one or more
large project subgrants.
3. If the Sub - Recipient accepts a fixed subgrant estimate, the Sub - Recipient understands they are
responsible for all costs greater than the fixed amount.
4. The Sub - Recipient agrees to notify the Grantee regarding the specific use of excess funds.
5. All contracts must comply with local, State, and Federal requirements for procurement, including
provisions of 44 CFR Part 13.
6. The Office of Inspector General may audit any Sub- Recipient and /or subgrant.
7. EHP review must be completed for all subgrants, including cases where new scopes of work would
require EHP compliance, before the,subgrant scope of work is implemented. Failure to comply with this
requirement may lead to loss of Federal funding.
8. The Sub - Recipient may submit appeals in accordance with 44 CFR §206206. However, FEMA will not
consider appeals solely for additional costs on fixed subgrants.
Signature of Sub - Recipient's Authorized Representative Date
Printed Name and Title
Sub - Recipient Name PA ID Number
We elect to not participate in the Alternative Procedures for Permanent Work.
48
Attachment G
PUBLIC ASSISTANCE PROGRAM GUIDANCE
GRANTEE'S /RECIPIENT'S WEB -BASED PROJECT MANAGEMENT SYSTEM ( FloridaPA.orq)
Sub - Recipient s must use the Grantee's /Recipient's web -based project management system,
FloridaPA.org, (available at www.FloridaPA.org) to access and exchange project information with the State
throughout the project's life. This includes processing advances, reimbursement requests, quarterly reports,
final inspection schedules, change requests, time extensions, and other services as identified in the
Agreement. Training on this system will be supplied by the Recipient upon request by the Sub - Recipient.
The Sub - Recipient is required to have working knowledge of the FloridaPA.org system.
PROJECT DOCUMENTATION
The Sub - Recipient must maintain all source documentation supporting the project costs. To facilitate
closeout and audits, the Applicant should file all documentation pertaining to each project with the
corresponding PW as the permanent record of the project. In order to validate Large Project Requests
for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website.
Contact the grant manager with questions about how and where to upload documents, and for assistance
linking common documents that apply to more than one (1) PW.
The Sub - Recipient must retain sufficient records to show its compliance with the terms of this Agreement,
including documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives under this Agreement and all other applicable laws and regulations, for a
period of five (5) years from the date of the Sub - Recipient account closeout by FEMA.
The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period
expires, and extends beyond the five (5) year period. The records must then be retained until all litigation,
claims, or audit findings involving the records have been resolved.
Records for the disposition of non - expendable personal property valued at $5,000° —D or more at the time it
is acquired must be retained for five (5) years after final account closeout.
Records relating to the acquisition of real property must be retained for five (5) years after final account
closeout.
INTERIM INSPECTIONS
Interim Inspections may be requested by the Sub - Recipient, on both small and large projects, to:
i. conduct insurance reconciliations;
ii. review an alternate scope of work;
iii. review an improved scope of work; and /or
iv. validate scope of work and /or cost.
Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under
the following conditions:
i. a quarterly report has not been updated between quarters;
ii. the Sub - Recipient is not submitting Requests for Reimbursement (RFR's) in a
timely manner;
49
iii. requests for a Time Extension have been made that exceed the Grantee's/
Recipient's authority to approve; and /or
iv. there are issues or concerns identified by the Recipient that may impact funding
under this agreement.
PROJECT RECONCILIATION AND CLOSEOUT
The purpose of closeout is for the Sub - Recipient to certify that all work has been completed. To ensure a
timely closeout process, the Sub - Recipient should notify the Recipient within sixty (60) days of Project
completion.
The Sub - Recipient should include the following information with its closeout request:
• Certification that project is complete;
• Date of project completion; and
• Copies of any Recipient time extensions.
Large Projects
With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final
costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual
documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that
FEMA obligated based on an estimated amount; the Sub - Recipient should provide the documentation to
support the actual costs. If the actual costs significantly differ from the estimated amount, the Sub -
Recipient should provide an explanation for the significant difference.
FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based
on actual costs to complete the eligible SOW. If the project included approved hazard mitigation
measures; FEMA does not re- evaluate the cost- effectiveness of the HMP based on the final actual cost. If
during the review, FEMA determines that the Sub - Recipient performed work that was not included in the
approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original
estimated amount, and review the additional SOW for EHP compliance.
For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the
funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance
provided at http: / /www.fema.gov /alternative- procedures.
Once FEMA completes the necessary review and funding adjustments, FEMA closes the project.
Small Projects
Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small
Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for
completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount
on individual Small Projects if one of the following conditions applies:
• The Sub - Recipient did not complete the approved SOW;
• The Sub - Recipient requests additional funds related to an eligible change in SOW;
• The PW contains inadvertent errors or omissions; or
• Actual insurance proceeds differ from the amount deducted in the PW.
In these cases, FEMA only adjusts the specific cost items affected.
If none of the above applies, the Sub - Recipient may request additional funding if the total actual cost of all
of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this
case, the Sub - Recipient must request the additional funding through the appeal process, described in the
50
PAPPG Chapter 3:IV.D, within sixty (60) days of completion of its last Small Project. FEMA refers to this
as a net small project overrun appeal. The appeal must include actual cost documentation for all Small
Projects that FEMA originally funded based on estimate amounts.
To ensure that all work has been performed within the scope of work specified on the Project
Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion,
select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope
of work and /or outside of the approved performance period cannot be reimbursed.
TIME EXTENSIONS
FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The
deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is
18 months from the declaration date.
,DeadJines r °fo 4 Cn>Ipletfon `Wwk
Type of Work Months
Emergency Work 6
Permanent Work 18
If the Applicant determines it needs additional time to complete the project, including direct administrative
tasks related to the project, it must submit a written request for a time extension to the Recipient with the
following information:
• Documentation substantiating delays beyond its control;
• A detailed justification for the delay;
• Status of the work; and
• The project timeline with the projected completion date
The State (FDEM) has the authority to grant limited time extensions based on extenuating circumstances
or unusual project requirements beyond the control of the Sub - Recipient.
It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months.
FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating
circumstances justify additional time. This applies to all projects with the exception of those funded under
the PAAP Accelerated Debris Removal procedure and projects for temporary facilities.
With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of
the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating
circumstances beyond the Applicant's control:
• Permitting or EHP compliance related delays due to other agencies involved
• Environmental limitations (such as short construction window)
• Inclement weather (site access prohibited or adverse impact on construction)
FEMA generally considers the following to be circumstances within the control of the Applicant and not
justifiable for a time extension:
• Permitting or environmental delays due to Applicant delays in requesting permits
• Lack of funding
• Change in administration or cost accounting system
• Compilation of cost documentation
Although FEMA only provides PA funding for work performed on or before the approved deadline, the
Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for
any project that the Applicant does not complete. If the Applicant completes a portion of the approved
51
SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for
the uncompleted work. For example, if one project includes funds for three facilities and the Applicant
restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the
Applicant did not restore.
Request should be submitted prior to current approved deadline, be specific to one project, and include
the following information with supporting documentation:
• Dates and provisions of all previous time extensions
• Construction timeline / project schedule in support of requested time
• Basis for time extension request:
o Delay in obtaining permits
• Permitting agencies involved and application dates
o Environmental delays or limitations (e.g., short construction window, nesting seasons)
• Dates of correspondence with various agencies
• Specific details
• Inclement weather (prolonged severe weather conditions prohibited access to the area, or
adversely impacted construction)
o Specific details
• Other reason for delay
o Specific details
Submission of a request does not automatically grant an extension to the period of performance. Without
an approved time extension from the State of FEMA (as applicable), any expenses incurred outside the
P.O.P. are ineligible.
INSURANCE
The Sub - Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA
is intended to supplement, not replace, financial assistance from insurance coverage and/or other sources.
Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance
grants in order to avoid a duplication of benefits. The Sub - Recipient further understands and agrees that If
Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance
and /or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and
312 (c).
As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252 -253, for damaged
facilities, the Sub - Recipient understands it must, and it agrees to, maintain such types of insurance as are
reasonable and necessary to protect against future Toss for the anticipated life of the restorative work or the
insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require
insurance to be obtained and maintained for projects where the total eligible damage is less than $5,000 —°.
In addition to the preceding requirements, the Sub - Recipient under - stands it is required to obtain and
maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding
in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, "Such coverage must
at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub -
Recipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or
necessary to protect against future loss" to an insurable facility as a condition for receiving disaster
assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does
not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds
from the current disaster." If the State Insurance Commissioner certifies that the type and extent of
insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable
facility, the Regional Administrator may modify or waive the requirement in conformity with the certification.
The Sub - Recipient understands and agrees it is responsible for being aware of, and complying with, all
insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252 -253.
52
The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of
any entitlement to compensation or indemnification from such insurance. The Sub - recipient further agrees
to provide all pertinent insurance information, including but not limited to copies of all policies, declarations
pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for
each insured damaged facility.
The Sub - Recipient understands and agrees that it is required to pursue payment under its insurance
policies to the best of its ability to maximize potential coverage available.
DUPLICATION OF BENEFITS
The Sub - Recipient understands it may not receive funding under this Agreement to pay for damage covered
by insurance, nor may the Sub - Recipient receive any other duplicate benefits from any source whatsoever.
The Sub - Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source,
for any damage identified on the applicable Project Worksheets, for which the Sub - Recipient has received
payment from the Recipient.
The Sub - Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of the possible availability of, applies for, or receives funds, regardless of the source, which could
reasonably be considered as duplicate benefits.
In the event the Recipient determines the Sub - Recipient has received duplicate benefits, the Sub - Recipient
gives the Grantee/ Recipient and /or the Chief Financial Officer of the State of Florida, the express authority
to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due
and payable to the Sub- Recipient, and to use such remedies as may be available administratively, at law,
or at equity, to recover such benefits.
COMPLIANCE WITH PLANNING /PERMITTING REGULATIONS AND LAWS
The Sub - Recipient is responsible for the implementation and completion of the approved projects described
in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local,
State, and Federal legal requirements.
If applicable, the contract documents for any project undertaken by the Sub - grantee /Sub- Recipient, and
any land use permitted by or engaged in by the Sub - grantee /Sub- Recipient, must be consistent with the
local government comprehensive plan.
The Sub- Recipient must ensure that any development or development order complies with all applicable
planning, permitting, and building requirements including, but not limited to, the National Environmental
Policy Act and the National Historic Preservation Act.
The Sub - Recipient must engage such competent, properly licensed, engineering, environmental,
archeological, building, and other technical and professional assistance at all project sites as may be
needed to ensure that the project complies with the contract documents.
FUNDING FOR LARGE PROJECTS
Although Large project payment must be based on documented actual costs, most Large Projects are
initially approved based on estimated costs. Funds are made available to the Sub - Recipient when work is
in progress and funds have been expended with documentation of costs available. When all work
associated with the project is complete, the State will perform a reconciliation of actual costs and will
transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts).
The submission from the Sub - Recipient requesting this reimbursement must include:
a) a Request for Reimbursement (available in FloridaPA.org);
53
b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in
FloridaPA.org and is automatically created when the Request for Reimbursement is submitted
(and is supported by copies of original documents such as, but not limited to, contract
documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and
change orders); and
c) the FDEM Cost Claim Summary Workbook (found in the Forms section of FloridaPA.org), along
with copies of original documents such as contract documents, invoices, change orders,
canceled checks (or other proof of expenditure), purchase orders, etc.
ADVANCES
Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance
Payment. Notwithstanding Paragraph 9) Funding, in the Agreement, these payments are not bound by
Section 216.181(16), Florida Statutes.
1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB
Circulars A -87, A -110, A -122, and the Cash Management Improvement Act of 1990.
2. All advances must be held in an interest - bearing account with the interest being remitted to the
Recipient as often as practicable, but not later than ten (10) business days after the close of each calendar
quarter.
3. In order to prepare a Request for Advance (RFA) the Sub - Recipient must certify to the Recipient
that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and
subcontractors without unnecessary delay. The Sub - Recipient must prepare and submit a budget that
contains a timeline projecting future payment schedules through project completion.
4. A separate RFA must be completed for each Project Worksheet to be included in the Advance
Funding Payment.
5. The Sub - Recipient must complete a Request for Reimbursement (RFR) via FloridaPA.org no more
than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account
for all expenditures incurred while performing eligible work documented in the applicable Project
Worksheet for which the Advance was received.
6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an
Advance cannot be accepted for processing.
7. The Recipient may advance funds to the Sub - Recipient, not exceeding the Federal share, only if
the Sub- Recipient meets the following conditions:
a) the Sub - Recipient must certify to the Recipient that Sub - Recipient has procedures in place to
ensure that funds are disbursed to project vendors, contractors, and subcontractors without
unnecessary delay;
b) the Sub - Recipient must submit to the Recipient the budget supporting the request.
8. The Sub - Recipient must submit a statement justifying the advance and the proposed use of the
funds, which also specifies the amount of funds requested and certifies that the advanced funds will be
expended no more than ninety (90) days after receipt of the Advance;
9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share
of funding under this Agreement from the Sub - Recipient if the Recipient reasonably expects that the Sub -
Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination
by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub - Recipient
was improper.
54
DESIGNATION OF AGENT
The Sub - Recipient must complete Attachment D by designating at least three agents to execute any
Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the
Sub - Recipient.
After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to
contacts via email to the State assigned team.
In the event the Sub - Recipient contacts have not been updated regularly and all three (3) Agents have
separated from the Sub - Recipient's agency, a designation of authority form will be needed to change
contacts.
NOTE: This is very important because if contacts are not updated, notifications made from
FloridaPA.org may not be received and could result in failure to meet time periods to appeal a
Federal determination.
DUNS Q &A
What is a DUNS number?
The Data Universal Numbering System (DUNS) number is a unique nine -digit identification number
provided by Dun & Bradstreet (D &B). The DUNS number is site specific. Therefore, each distinct physical
location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number.
Who needs a DUNS number?
Any institution that wants to submit a grant application to the Federal government. Individual researchers
do not need a DUNS number if they are submitting their application through a research organization.
How do I get a DUNS number?
Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement
applicants /prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48
contiguous states and speak to a D &B representative. This process will take approximately 5 —10
minutes and you will receive your DUNS number at the conclusion of the call.
1- 866 - 705 -5711
What do I need before I request a DUNS number?
Before you call D &B, you will need the following pieces of information:
• Legal Name
• Headquarters name and address for your organization
• Doing business as (dba) or other name by which your organization is commonly recognized
• Physical address
• Mailing address (if separate from headquarters and/or physical address)
• Telephone number
• Contact name and title
• Number of employees at your physical location
How much does a DUNS number cost?
There is no charge to obtain a DUNS number.
Why does my institution need a DUNS number?
New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant
and cooperative agreement applications. The DUNS number will offer a way for the Federal government
to better match information across all agencies.
55
How do 1 see if my institution already has a DUNS number?
Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement
applicant. D &B will tell you if your organization already has a number assigned. If not, they will ask if you
wish to obtain one.
Should we use the +4 extension to the DUNS number?
Although D &B provides the ability to use a 4 -digit extension to the DUNS number, neither D &B nor the
Federal government assign any importance to the extension. Benefits, if any, derived from the extension
will be at your institution only.
Is there anything special that we should do for multi- campus systems?
Multi- campus systems can use what is called a parent DUNS number to aggregate information for the
system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite
campus will need to reference the main campus DUNS number as their parent DUNS when obtaining
their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique
grantee organization, then each campus needs to obtain their own DUNS number.'
Does the DUNS number need to be included on individual fellowship applications?
Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the
application. Individual Kirschstein -NRSA fellowships that propose training at Federal laboratories do not
require a DUNS number.
What does the DUNS number have to do with the Central Contractor Registry (CCR), soon to be the
Business Partner Network (BPN)?
Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically
through Grants.gov. Your organization will need a DUNS number in order to register in the CCR. The
CCR is the central registry for organizations that have received Federal contracts. If your organization has
received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that
your organization information is up to date. For more information about the CCR, please visit the CCR
web site at: www.ccr.gov.
What should we do if our institution has more than 1 DUNS number?
Your institution will need to decide which DUNS number to use for grant application purposes and use
only that number.
Does this apply to non -US organizations?
Yes, this new requirement applies to all types of grantee organizations including foreign, non - profit, for
profit as well as for state and Federal government agencies.
Does this apply to non- competing progress reports?
No. This new requirement applies only to competing applications.
Are there any exceptions to the new DUNS number rules?
Individuals who would personally receive a grant or cooperative agreement award from the Federal
government apart from any business or non - profit organization they may operate are exempt from this
requirement. Also individual Kirschstein -NRSA fellowships that propose training at Federal laboratories
do not require a DUNS number.
Who at my institution is responsible for requesting a DUNS number?
This will vary from institution to institution. This should be done by someone knowledgeable about the
entire structure of your institution and who has the authority to make such decisions. Typically this
request would come from the finance /accounting department or some other department that conducts
business with a large cross section of the institution.
56
We are an organization new to Federal grant funding so we obviously need a DUNS number. But we
don't want to be included in any marketing list. What can we do?
Inclusion on a D &B marketing list is optional. If you do not want your name /organization included on this
marketing list, request to be de- listed from D &B's marketing file when you are speaking with a D &B
representative during your DUNS number telephone application.
Who do we contact if we have questions?
If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone
number 1- 866 - 705 -5771. If you have questions concerning this new Federal -wide requirement, contact
Sandra Swab, Office of Federal Financial Management, 202 - 395 -3993 or via 6-mail at
sswab caomb.eop.gov.
Substitute Form W -9
For the purpose of this Agreement, a Sub - Recipient is also a Vendor.
The State of Florida requires vendors doing business with the State to submit a Substitute Form W -9. The
purpose of a Form W -9 is to provide a Federal Taxpayer Identification Number (TIN), official entity name,
a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information
to the State. Submission of a Form W -9 ensures that the State's vendor records and Form 1099 reporting
are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue
Service Form W -9.
Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and
services or make payments to any vendor that does not have a verified Substitute W -9 on file with
the Department of Financial Services. Vendors are required to register and submit a Form W -9 on the
State's Vendor Website at https : / /flvendor.myfloridacfo.com.
57
Attachment H
•
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
INSTRUCTIONS AND WORKSHEET
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
Federal awards (Federal assistance and expenditures) be made available to the public via a single,
searchable website, which is http: / /www.usaspending.gov /.
The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management ( "FDEM" or "Division ") must use to capture and report sub -award and executive
compensation data regarding first -tier sub - awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111 -5).
Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub - awardees for completion. All pertinent information below
should be filled out, signed, and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub -
award (Agreement) that obligates $25,000 or more in Federal funds as described above. Please
provide the following information and return the signed form to the Division as requested.
PROJECT #: N/A — Do not Complete
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $ Federal share amount only
OBLIGATION /ACTION DATE: date awarded to State of Florida
SUBAWARD DATE (if applicable):
DUNS #:
DUNS# +4:
`If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866- 705 -5711 or use the web form ( http: / /fedgov.dnb.com /webform). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME:
DBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE. 1:
58
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE +4 **
PARENT COMPANY DUNS# (if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA #):
DESCRIPTION OF PROJECT (Up to 4000 Characters)
Complete eligible Projects for repair or replacement of Disaster damaged facilities.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE +4 **
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
* *Providing the Zip +4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
1. 1. In your business or organization's previous fiscal year, did your business or organization
(including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or
more of your annual gross revenues from Federal procurement contracts (and subcontracts) and
Federal financial assistance (e.g. loans. grants, subgrants, and /or cooperative agreements, etc.)
subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual
gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g. loans, grants, subgrants, and /or cooperative agreements, etc.) subject to the
Transparency Act?
Yes ❑ No ❑
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No';
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes ❑ No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at http / /www.sec.gov /answers /execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
59
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives ", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions ".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non - equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v. Above - market earnings on deferred compensation which is not tax - qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion
Rank Total Compensation
(Highest to Name for Most Recently
Lowest) (Last, First, MI) Title Completed Fiscal Year .
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE:
DATE:
60
Attachment 1
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 CFR Part 200. It is the responsibility of the sub - recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
•
61
Pt. 200, App.!! 2 CFR Ch.11(1 -1 -17 Edition)
agency's Federal awards may Include. Pro- awarding agency should consider :lpprotohen
vldint: thin Information Into a potential ap- such as giving:
pllcant identify any requirements with I. Poiaw of contact who may be reached In
which It would have difficulty complying if multiple ways (e.g., by tehmtione. FAX. and(
its Application la summand. In those cases, or ennil. as well as regular mall,.
early notification about the eequitetnente al- 11. A fax or email addrrma that multiple
lows the potential applicant to doclde not to people actress, so that someone will respond
apply or to take needed action* before re- even if 'there are unexpectedly anent dnr-
celving the Federal award. The ucnuunco- ins: erittrai tnriode.
unit need net include all of rho terns and U6 Different cobtacta for distinct kinds of
conditions of the Federal award. but tiny. bele tong., ono for questions of programmatic
refer t a doewtienb(with information shout torment and a ae000d for administrative
how to obtain it) or interact site where ap- questions),
nth:a :ts con are: the terror and condition.. If H. OTIiiR lv O?TfONaL
S malls); apps Soupy will lead to Federal
awards with some special ter= and condi- This section may Include any 040101onal
:Ions that. differ from the Federal awarllfnt; information that will assist a potential air
at :en y'a uemal (sometimes coiled "general ") plluant. For example. the eection might:
terms and conditions. thin aeetiun should 1. Indicate whether this lea now {Negrant
hIhllght those special terms mud eonditl ,nz. or a. ear -tins. initiative.
Dnin,e ao will alert applicants that have re- 11, Mention related programs or other up-
ceired Federal awards from the Federal coning or ongoing Federal awarding u •10.y
awarding agency fretieualy and might not Wilding opportunities for similar activities.
otherwise expect different berme and condi- 111. Include currant Internet addressee for
ties. For rho aattte reason. tho announce- Federal awarding agency Web sites that may
Strut ahould inform potential applicants be useful to an applicant in understanding
about spestal tequtrnnrnte that muld apply the pro - am.
14 particular Federal awards alter the review iv. Alert appII. onto to the need to identify
of applications And other Information. bored pr•oprieryy information and inform them
on the purtiralao uirm umtances of the effort about the way the Federal azardio1 agony
to he eup(.rrted test;.. if human subjects were will handle It.
to be Involved ur if *ewe nitun4.0a nee jay v. Include certain :vague notions to oppli-
Ufr special terms ca intellectual property, canto (e.g., that the Federal Government Is
data !Garin; cr eeaurity requirements). not obligated to make any Federal award no
3. Rep : >(tn,+ Re.7u&red. This aeetion must a result of the announcement or that only
toelude general infornntion about the typo grants o(Ucera Mtn NMI the Federal Govern -
(r..n. financial or ps•fornranee), fragooney. moat to the etpoodituro of fund.).
and means of submission (paper or oleo (;0 FR 18146. Dee. 40 2011 ns amnndr,d as 00
trunie) uf post- Federal award reporting re- FR 43310, July 21 2015;
gudreirente. Highlight any special reporting
requirnrr•nts for Federal awards under Shia APPENDIX II TO PART 299--CONTRACT
tuadiue- oppurtunity Mat differ (r,a., by re PRWVCFIONS FOR NON-FEDERAL ENTI-
pOrt ty'Pe. flegmeucy. forMfotterat, sir en- spy (:ot:Tt`.u:itit+ IiNUF.F. FEURItAI.
cuteteneea bar use) from shat the Federal AWARDS
agenoy Federal awor.t• Usually
require. redetvl awarding:menC1ro nivatalso i addition to other
sacrlF,e in this section all relevant reunite- previsions ty . by
tie Federal 0 agency 1 or non-Federal entity. y
meats stick e.. those at. 3 CER 160.3.18 and 2 con + races made h the e n n.m un- Fedretl entity
` • 0.1 ; wider the Fedetai award =tot contain gruel
If the Federal awe of an Federal award areas covering the fallowing, a. appUoablr.
ray include more than 0570,000 over the ye- (A) Contracts for more than the simplified
ricd of pe:am:me.% this action rnUat i n. aoquleitlon threshold currently att a.t
form potential appllcanta about t he lost 3150,000, which Is the Inflation adjusted
awaM reverting regohetnents reflected In
Appendix XII Alward Term and Condition Acquisition ammo determined by the Civilian e A?enoc
nnce Acgnllai tl Connell and the Defense
*UnolI Aequfsl-
for Recipient Inteerlty and Perforn ttnn Stegtdatfona CamreU (Ceuncfte) sin nmt-
e Matters. thorned by 4L A.S.G. 1606, remit address ad-
t:. Pr, zoo . AWAeiAlli6 AGENCY CO;7'i'ACi'(b)—
l
ndnixtratiro. sonar tuel. or legal 1711041CA
A;JgVIi0ZD fa astant:ca antr a contractors v or
breseb contract terms. and provide for such
Tho announcement nxtst. Otte potential ap- sanctions and pemalt/es as appro relate.
plbants a point(a) o2 a*otact for answering (E) All contract* In excess of 110.000 moot
questions or helping with problems while the addnaa termination for cattle and for con -
funding. -rpp.atmnity is open. The intent of cenleoce by thin m,a•Fedcrsl entity including
thio requirement is to be as helplhl as pox- the Stunner by which It will be effected and
alblo to potential applicants. sin the Federal the basis for settlement.
200
62
OMB Guldance Pt. 200, App. 11
(C) Equal Employment Opportunity. Ex -. Part 53 Under 40 U.S.C. 7102 of the Act, each
crept as otherwise provided under 41 CFR contractor must be required to compute the
Pert 60, all Contracts that meet the dennt- wages of every methante and laborer On the
tins of "federally weekend conatruetk,u eon- basis of a standard work week of 40 hum.
tract" In 41 CFR Part. 60 -J.3 must Maude the Work in excess of the standard work week is
equal opportunity clause provided under 41 permieslbla provided that the worker is com-
e-FR 00- 1.4(b), in accordance with Executive pen-Rated at a rate of not less than one and a
thder 11246. "Equal ,Employment Opporr batf tin the basic rate of pay for all hoots
tuoity" (30 FR 1 12935. 3 CFR Part, 1984- worked to exceaa of 40 horns in the work
1265 Comp., p. 339), no amended by Executive week. The requirements of 40 U.S.C. 3/04 are
Order 11375. "Amending Executive Order applicable to construction work and provide
11246 Relating to Equal Employment ()poor that no laborer or mechanic must bo re-
tunit ' and implementing regulations at 41 mitred to work in surroundings or under
CFR part 60, "Office of Federal Contract working conditions which are unsanitary,
Compliance Pregame, Equal Employment haaardoua or dangerous. These requirements
Opportunity, Department of Labor." do not apply to the ptu'chases of euppliee or
(D) 17avbrl3aeon Act, as amended (40 U.S.C, materials or articles ordinarily available on
3141 3148). When remitted by Federil program the open market, or contracts fir ttanapor•
legislation, all prime construction contracts tatlon or transmission of intelligence.
in excess of 32,000 awarded by non•Federat (F) Rights to Inventions Slnde Under a
entities mist inelndn a ptoviaion for compl Contract or lgreement. If the Federal award
ante with the Davis -Bacon Act (40 U.S.C. meta the definition of "funding agreement"
31•11 -3144. and 31453148) no supplemented be tinder 37 CFR, 1401.2 (al and the recipient. or
Department of Labor regulations (29 CFR eubre,1pient wishes to eater into a contract
Part F, 'tabor Standards Prov1elons Appti- with a small business firm or m)nproflt or3a*
cable to Contracts Covering Federally Fi • nitatlon regarding the substitution of par •
rimmed and Aeelated Contrr ctlon"). in ac- ties. assignment or p+rfurninee of exyerl-
..eldance with the etatnte. contractors newt mental. developmental. or research work
be regnired to pay wages to laborers and tire- under that •'fundin;; agreement; ' the reclpi-
ebanice at* rate not leis than the prevalllas eat or aubreclpient must comply with the re-
wagee specified in a were determination qulronrnte of 77 CFR Part 401, "Rights to In-
. made by the Secretary of Labor. fe addition. ventions Made by Nonprofit Ordaalrntiona
contractor must be requlrod to pay wages) and Stt2a11 Beninese Firma Under Covers.
not Leas than once a weep. The non - Federal meat Grants. Contraote and Cooperative
rotIty must place a Dopy of the ourreut pre - Atgreements," and any implementing regula-
railing wage determination homed by the De- Ilona iseued by the awardim agency.
pertinent of Labor in each solicitation. Tho (i)i Clean Air Act (42 U.A.C. 7401- 7071q.) and
decision to kward a contract or subcontract the Federal Water Pollution Control Act (33
must be conditioned upon the acceptance of U.S.O. 1231 - 1387). as amended— Contracts and
the wage determination. The non - Federal en- aabtraata of smonnts in exc tae of 5150,000
tiny must report all auapeoted or reported mtemt contain a provision that requites the
violations to the Federal awarding agency. Iron- Federal award to agree to comply with
The contracts mum. Mao include a provision all applicable standards, orders or regale-
for compltaneo with the Copeland "Anti • bone tanned pmt!naar. to the Clean Air Aot
K1dkba,k" Act (40 U.S.C- 3145), as atapple- (42 U.S.C. 1401-1071o) and the Federal Water
urinted by Department. of Labor regulations Pollution Control Act as amended (33 U.S.C.
t29 OFR Part 3, "Contractors and Sub 1251 - 1367). Violations crust be reported to the
Contractors on Public Building or Public Federal awarding sreney sad the Regional
Work Financed In Whole or in Part by Leans OtlIIce of the Envirennrental Pintectlon
cr Grants from the united Staten "). The Act Arency (EPA) -
previdee that each contractor or sub- (11) Debarment and Snepmwion (Executive
recipient must be prohibited from indualn•,-. Orders 12549 and 12685 )- - -A 003013ct award
by any means, .any person empinyed in the (sae 2 CFR 180.220) must not be made to par-
construction, compdetion, or repair of public Wm lleted on the governmentwide exclusion*
- cork, to give up any port of the cumpene to in the System for Award 3laate entent
tion to which he or she is otherwise entitled. (SARI), in accordance with the OMB anido-
The non - Federal entity muat report all sera- lines at 2 CFR 180 that Implement Executive
petted or reported violations to the Federal Orders 12548 (3 CFR pat. 1986 Comp.. p. 189)
awarding agency. and 126tH (1 CFR part 1989 Comp., p. 225),
(l) Contract - Work Roams and Safety "Debarment and Suapenslon, ' SA3f Exulu-
Standards Act (40 U.S.C. 3701 -8708). Where eiom contain the names of parties debarred.
applicable, all contracts awarded by the non- ausprnded, or otherwise excluded by aeen-
Federal entity in excess of 3100.070 that in- cics. as well as parties declared ineligible
volve the omploymeot of mechanlca or labor• under statutory or regulatory authority
eta must include a provision for compliance other than Executive Order 12549.
with 40 U.S.C. 3702 and 3004, as supplemented (r) Byrd Anti - Lobbying Amendment (31
by Department of Labor regulations (214 CFR U.S.C. 1352) - Contractors that apply or bid
201
63
Pt. 200, App. 111 2 CfR Ch. 11 (1 -1 -17 Edillon)
for an award exceeding $100:000 must file the amounting treatment may include It in the
mqutred eurtifleatlon, Each tier certifies to instruction function.
the tier above that It will nut and has not. (2) Departs- al research mane research,
used Federal appropriated Janda W pay any development and scholarly actdvttira that
person or orgaatration !or influencing or M. are not orea.n:zed research And. Con -
tempting to influence an officer or employee tequcntly. aro not separately budgeted And
of any agency. a member of Coat cam. accounted for, Departmental research. for
or employee of Congress. or an employes of a purposes of this document, is not considered
member of Congress In connection with ob. ah a taller function, but as a part of the la
Raining day Federal Contract, grant or any etrucbOn function of the institut ion.
other award covered by 91 U.S.C. 1152. Forh (2) Only mandatory- cost sharing or coat
tier mint also disclose any lobbying with airarinr epuelileally committed In the 000ieor•
eon- Federal funds that taltga placer fa c0A. budget rnttat be included Innhe arganlzed ra
nnction with obtaining any Federal award. search be 101 computing Ebe Indirect (F &A)
Such di/roionttres are forwarded from tier w cool rate or reflected In any allotatiu0 of In-
tier up to the noreFederal award - dh'oul costs. Salary costs above statutory
(J) Sec 1200222 Procmemeat Of revered limits. are not annaldcted coat sharing.
troderiala. b. p researcb mean, all research
and development OOtititiee of an institution
178 FR 78609. Dec. N. 2019. es amended at ?9 that are separately tatdoted and accounted
FR 75888. Dee. 19, 20141 for. It Includes:
(1) .1p tered usocuA mcsnt all reaeereb
APv} Dzx IiI TO PART :OD—INDIRECT and developuont artivltizs that we apon-
(FSGA) COSTS IDENTIFICATION AND de red by Federal and nun - Federal agencies
A9S1ONMFYT. AND PATS D TERSIDIA- and organizes :cos. Tele tern: includes oa i0i-
TION FOP. INSTITUTIONS OF HIGHER, Wes anvoltttc the training of individuals in
£DUCATW (IEEE: research tech0lynee (cuorcalled analy ca re-
atxrch tralmng: where such activities utilize
t G:212RN. the same faoilittel as other research and de-
• elopnwtt a0tic.b-au and where ouob
Thls appendix provides criteria for Ideal]- Iles are net included In the innrrnctlon fnnc-
Iting and computing indirect (or indirect plot,
(Fdaflo rates at DM (Imtitutlum). Indirect (2) i:nie4rn is rt armada means all research
(FaaAJ costs aro those that are 1ncurrod for and development activities that are aepc
co nia n or Point ubiectivee and therefore rarely budgeted and accounted for by the in-
tannot be identified readily and epeel0ually atituticn under en internal 5111I0aUun of In-
wtth a particular enamored project. an !n- ttttmtcnal funds. Unlvacity research, for
atruetloaol activity. or any other invtltu- purposes of thin document, moot he rem -
tional activity- See eubeection D1. Denni- bleed with epomored raw+ar.% under the
Sun of Facilities and Adndclonatioa. fora (Onrt1OU 01 or0anl2td rssearebr
d1ocua9iea er the uonpen!•bte o Indirerr. o. Ofhtr sr9;'Ut'ei cc!itiriti means Oro! :rams
(F&A}casia, and proircta Hoancvd by Federal end non -
Federal agencies and organizations which In.
1. Ma /cr F>nclbts of .:r. lnsfi!utiat t aloe the per :araunce of work other than in-
.)trnctian and organized rematch, Rramp es
leases to lestrUct100, oreaolzed research. 01 such• programs 71 td projects are health
other sponsored antivitfea and otter inattrn- serviru pro1uuro and contraunlry tonic.) pro
tlonat activities as defined in this section: ;-tons. However. when MY of these aotivltlee
a. l itOlivitva mtetn0 the teach[Ol and me undertaken by the institution without
lra101.17 aettultles of an inutrtatltn. Except outside suppart they ants be classified :re
kw research tralnln,: :m prO'Wad in nub- other institutional activltle:,
awctlon b. this term includes all trashing and el. 07Iser irsl :fa11tncl crtiettua mans all ac
traitans activities, whether they are offered Reifies Of an fund lotion roeept for lnnlruo-
Gar crrdite toward a degree or certificate or ton. de ;ar'trrental teioarch, orgaulzed r0
on a non- erodlt basis. and whether they are search, and other sponsored activities, se 00-
offorcd throcgh regular academic depart fined in this aeetd,.n: indirect (P&.A'r cost ac
=lea or lejltrate dlvizlOne. eaeh as a Sum- :deltas •denriflwl 10 this Appendix para-
err och:ol dtrfebrn or an .070000100 dlvluton, 11101211. Identification and easlenment of in-
Als0 conal.'tered part of this =tier fauctten direct il&A) coete; sad s.0Lliized aercice0
am departmental research. :nd, where nullities deicriMd In 8200.468 Specialised •
agreed to, university rewareh. tetolre faolitico of this Part.
(1) Spons red frstrxc!t•r. exd frcir1ru means Examples of other institutional activities
specific instructional or training activity ra. mein k• uprration of residence halls. dining
tabllehed by °taut. contract. or cooperative halls. hospitals and clinks, student octant.
atnecment. For purposes of the coat pain intercolieliase athletic°, bookstores, faculty
oiplee, this activity may he considered n housing, student apa_ sleet houses,
major function 0000 though an Instftutlon'e chapels. anal era. publln miseurm, and other
202
•
64
Attachment J
DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT
The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by
Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed
below:
There have been 32 separate instances where Grantees /Recipients or Sub - Recipients did not follow the
prescribed rules to the point that the OIG believed the below listed violations could have nullified the
FEMA/State agreement.
1. Non Competitive contracting practices.
2. Failure to include required contract provisions.
3. Failure to employ the required procedures to ensure that small, minority, and women's owned firms
were all given fair consideration.
4. Improper " cost - plus -a- percentage -of- cost" contracting practices.
The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related
Project Costs; Report Number OIG -16 -109 -D dated July 1, 2016. The following may be reasons for
the disallowance or total de- obligation of funding given under the FEMA /State agreement:
1. Use of improper contracting practices.
2. .Unsupported costs.
3. Poor project accounting.
4. Duplication of benefits.
5. Excessive equipment charges (applicability may vary with hazard mitigation projects).
6. Excessive labor and fringe benefit charges.
7. Unrelated project costs.
8. Direct Administrative Costs.
9. Failure to meet the requirement to obtain and maintain insurance.
Key Points that must be followed when Administering FEMA Grants:
• Designate one person to coordinate the accumulation of records.
• Establish a separate and distinct account for recording revenue and expenditures, and a separate
identifier for each specific FEMA project.
• Ensure that the final claim for each project is supported by amounts recorded in the accounting
system.
• Ensure that each expenditure is recorded in the accounting books and references supporting
sources of documentation (checks, invoices, etc.) that can be readily retrieved.
65
• Research insurance coverage and seek reimbursement for the maximum amount. Credit the
appropriate FEMA project with that amount.
• Check with your Federal Grant Program Coordinator about availability of funding under other
Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the
final project claim does not include costs that another Federal agency funded or could have funded.
• Ensure that materials taken from existing inventories for use on FEMA projects are documented by
inventory withdrawal and usage records.
• Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly
benefit the project, and are authorized under the "Scope of Work."
I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues.
Monroe County 03/05/2018
Sub - Recipient Agency Date
Signature
Tina Boan, Sr. Director Budget & Finance
Printed Name & Title
66
Attachment K
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ 1 ADVANCE REQUESTED
Advance payment of $ is
requested. Balance of payments will be made on a reimbursement
basis. These funds are needed to pay pending obligations for
eligible work. We would not be able to operate the program without
this advance.
If you are requesting an advance, complete the following chart and line item justification below.
BUDGET CATEGORY /LINE ITEMS 20 -20 Anticipated Expenditures for First Three Months
(list applicable line items) of Agreement
Example: PW#00001(0) Contract Work $1,500,000.00 (provide detailed justification).
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need
for the cash advance. The justification must include supporting documentation that clearly shows the
advance will be expended within the first ninety (90) days of the contract term. Support documentation
should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the
Division reasonable and necessary support that the advance will be expended within the first ninety (90)
days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract
term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399,
within thirty (30) days of receipt, along with any interest earned on the advance).