Historic Courthouse 05/14/2018 Old Courthouse Mold Remediation
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
i
AGREEMENT Made as of the 14"- Day 2018
BETWEEN the Owner: Monroe County Board f County Commissioners
500 Whitehead Street
Key West, FL 33040
And the Contractor: Global Disaster Recovery, Inc.
13333 Overseas Hwy.
Marathon, FL 33050
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For the following Project: Old Courthouse Mol ld Remediation
Scope of the Work
The Scope of Work includes, but is not limited to, all work described in the Solicitation for the
Old Courthouse Mold Remediation.
Contractor is required to:
1. Water stains, sheetrock damage and mold were observed in a janitors closet by the
stairwell and on ceilings nearby. Remediators should remove all water stained and
damaged sheetrock and ceiling portions.
2. Clean HVAC, including the ducts and vents in Zone 3 following NADCA guidelines.
3. Reinsulate chilled fluid lines wherever condensation is observed coming from these
lines.
4. A licensed contractor shall adjust the AC system to provide more fresh air into the
building as the humidity and CO2 levels were elevated if the system will allow it. Correct
HVAC system to maintain 40 to 60% humidity levels.
5. Provide dehumidifiers to reduce humidity to between 40% and 60%.
6. Obtain all necessary building permits and inspections to perform all of the work required
by this contract and the owner.
7. Remove stained ceiling tiles and insulate exposed plumbing pipes as per standard
building practices.
8. Clean light fixtures stained by moisture and mold growth and repair kitchen wall
damaged by moisture, only repair as needed, moisture levels did not exceed 16%.
9. Install Dielectric Barrier Ionizers (DBI)to control mold on books, bacteria and VOCs.
These DBIs should be rated so that they are able to treat air and surfaces throughout the
space.
Summary of General Requirements
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• Furnish all labor, tools, material, equipment,-safety equipment, transportation services,
laboratories, and all incidentals necessary to- perform -a-nd- complete said Work
contemplated in this agreement.
a Construction work times shall be limited to: 8:00 AM to 5:00 PM Monday-Friday. Unless
otherwise requested or required by Director of-Project Management.
• County buildings must remain open at all times. Work done by contractor must not
impede the normal operations of the County buildings and employees which may be
adjacent to the work. Schedule and coordinate construction activities accordingly to
prevent any interruption of normal staff and building operations.
Contractor shall maintain the following Insurance Requirements for the life of the
contract:
Workers Comp Employers Liability $100,000/$500,000/$100,000
Bodily Injury by Accident/Bodily
Injury by Disease, policy limits/Bodily Injuury-
--by Disease each employee
General Liability $200,000 per-Person;
$300,000 per-Occurrence-
$200,000 Property Damage-
or
p300,000 Combined Single Limit
Vehicle $50,000 per Person:
$100,000-per Occurrence-
$25,000 Property Damage
or
$100,000 Combined Single Limit
The Monroe County Board of County Commissioners shall be named as Additional-Insured on
General Liability and Vehicle policies.
ARTICLE 1-
The Contract Documents
The Contract Documents consist of this Agreement, Solicitation and Proposal/Quote-
documents, Addenda issued prior to execution of-this Agreement, together with the response to
solicitation and all required insurance documentation, and Modifications issued after execution
of this Agreement. The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. In the event of a discrepancy between the documents, precedence shall be determined
by the order of the documents as just listed.
ARTICLE 2
The Work of this Contract
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The Contractor shall execute the entire Work-described in the-Contract Documents, except to
the extent specifically indicated in the Contract-Documents-to be-the responsibility of others, or
as follows: N/A.
ARTICLE s
Date of Commencement and-Substantial Completion
3.1 The date of commencement is the date to-be fixed in a notice to proceed issued by the
Owner.
The Contractor shall commence performance of this Project within Thirty (30) calendar
days after the date of issuance to the undersigned by Owner. The undersigned shall
accomplish Substantial Completion of the Project within Ninety (90) calendar days. The
undersigned shall-accomplish Final Completion of the Project within Thirty (3.0) calendar
days thereafter. The time or times stipulated-in the contract for completion of the work of
the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the .Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on she Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15DAYS THEREAFTER
Under$50,000.00 $50.00/Day 1�100.00/Day $250.00/Gay
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200-00/Day 500.00/Day 2,000.00/Day
-$500,000.00 and Up 500.00/Day 1,.000.00/Day 3,500.00/Day
The Contractorl recoveEy of damaggs and sole remedy f r any delay caused by the
Owner,shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
-4.1 The owner shall-pay the Contractor in current funds for the Contractor's performance of
completion of all of the Contract-work the Sum of EhghtK Nine Thousand Six Hundred
Fort
Three and 391100 Dollars ($89,643.39), subject to additions and-deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates; if any, which arm described in
the Contract Documents and-are hereby accepted by the Owner: None.
ARTICLE 5
Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
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5.2 The period covered by each-Application-for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt-Payment Act,, Section 218.735, Florida Statutes and Monroe County Code.
ARTICLE 6
J Miscellaneous Provisions
6.1 Where reference is made in this Agreement to a provision of the General -Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
6.2 Monroe County's performance and obligation to-pay under this Agreement is contingent
upon an annual appropriation by the Board-of County Commissioners and the-approval
of the Board members at the time of contract initiation and its duration.
6.3 A person or affiliate who has been placed on the convicted-vendor list following a
conviction for public entity -crime may not submit a bid on_ a contract to provide any
goods or services to a public entity_, may not submit a proposal on a contract with a
public entity for the construction or repair of a-puublic building or public work, may not
submit proposals_on- leases of real property to public entity, may not be awarded or
perform work as contractor, supplier,-subcontractor, or consultant under a contract with
any public entity, and-may not transact=business-with-any public entity in excess of the
threshold amount provided-in Section 287.017, for CATEGORY TWO for-a period of
thirty-six(36) months from the date of being placed on the convicted-vendor list.
6.4 The following items are included in this contract:
a) MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted
accounting principles-consistently applied. Records shall be retained-for--a period of
seven years from the termination of this agreement or for a period-of five years from
the submission of the final expenditure report as per 2 CFR-§200.333, whichever is-
greater. Each -party to this agreement or its-authorized representatives shall have
reasonable and timely-access to such records of each other party to this Agreement
for public records purposes during the-term of the Agreement and-for four years
following the termination of this Agreement. If an auditor employed -by the COUNTY
or Clerk-determines that monies- paid to CONTRACTOR pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together
with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from
the date the monies were paid by the COUNTY.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and -construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
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lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The -Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement -by or between any of them the issue shall be submitted- to
mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. if any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment-of the original intent
of this Agreement. The Count and Contractor agree to reform-the Agreement to
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replace any stricken provision-wither valid provision that comes as close as possible
to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against
the non-prevailing parry, and shall include attorney's fees and courts costs in
appellate proceedings.
e) Binding Effect.. The terms, covenants, conditions, and provisions of this Agreement
shall bind and-inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it
hashad ample opportunity to submit this Contract to legal counsel of its choice and-
enters into this agreement freely, voluntarily and with advice of counsel.
g) _Claims for-Federal or State Aid.-Contractor and County agree that each shall-be, and-
is, empowered to apply-for, seek, and-obtain federal-and state funds to further-the
purpose of this Agreement; provided-that all applications, requests, grant proposals,
and funding solicitations-shall be approved-by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor ag,-ee that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue-or-issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as-may be provided by this Agreement oT by Florida
law. This Agreement-is not-subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
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related-to the substance of this-Agreement or-provision of the services under this-
Agreement. Count`;-and-Contractor specifically agree that no-party-to this Agreement
shall be required to enter into any arbitration proceedings relater) to this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
1) Code of Ethics. Count;agrees that officers and employees of the County recognize
and will be-required=to comply with the standards-of conduct for public officers and
employees as delineated In Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship;and disclosure-or use of certain_information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
-itself, it has neither employed nor retained any company or person, other than a
bona-fide employee working solely for it, to-solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely- for it, -any fee, commission,
percentage, gift, or other-consideration contingent upon or resulting from the award
or making of-this Agreement. For the breach or violation of the provision, the
Contractor agrees thatthe County shall have the right to-terminate this Agreement
without liability and, at its discretion, to offset from monies -owed, or otherwise
recover, the-full amount of such fee, commission, percentage, gift, or consideration.
n) Public-Records Compliance.. Contractor must_comply with Florida public records
laws, including but not-limited to Chapter 119, Florida Statutes and-Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers;
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and -related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this-provision by the Contractor. Failure of the-Contractor-to abide
by the terms of, this provision-shall be deemed-a-material breach of this-contract and--
the-County may enforce the terms of this provision inthe-form of a court-proceeding
and shall, as-a prevailing party, be entitled -to reimbursement of all-attorneys fees
and costs associated with that proceeding. This provdision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor
is required to:-
(1) Keep and maintain public records that would be required by the County to
perform the service.
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(2) Upon receipt from the County's custodian Af records, provide-the County
-with-a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided-in this chapter or as otherwise provided by-law-
(2) Ensure that public records that are exempt or confidential-and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
{ the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records-to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(51, A request to inspect or copy public records -relating to a County contract
must be made directly to the County, but if the-County does not possess
the requested records, the County shall immediately notify the Contractor of
the request, and-the Contractor must provide the records-to the County or
allow-the records to be-inspected or copied within a-reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the -County's option and right to
unilaterally-cancel this contract upon violation of this -provision- by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to-a valid=public records request:vithin a reasonable
time may-be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, _alter, destroy -or
otherwise dispose of any public records-unless or otherwise-provided in-this
provision or as otherwise provided-by-law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, -BRIIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY DIVEST, FL 33040.
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o) Non-Waiver of Immunity. -Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and
the acquisition of any commercial liability insurance coverage,- self-insurance
coverage, or local government liability insurance pool,overage shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or -employees -of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties- This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed-upon the entity-by
law except to the extent of actual and timely performance thereof by any participating
entity, in which case the-performance may be offered-in satisfaction of the obligation
or responsibility. -Further,-this Agreement is not intended to, nor shall it be-construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, -of this Agreement to enforce-or attempt to enforce any third-
party claim or entitlement to or benefit of any service- or program contemplated-
hereunder, and the-County and-the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for-the
purposes-contemplated in-this Agreement.
s) Attestations. -Contractor agrees to execute such -documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a-Drug-Free Workplace Statement.
t) No Personal Liability. No covenant oragreement contained herein shall be-deemed-
to be a-covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in -Counterparts. This Agreement may be executed in any number -of
counterparts, each of which shall be regarded as an original, aH of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
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v) Hold Harmless -and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees harmless from and against (i)- any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and-(iii) any costs or expenses that may be asserted
-against, initiated with-respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other
invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of.action,_litigation,-proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or -any of its
employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. insofar as the claims, actions, causes-of action,
litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the
term of-this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is
delayed or suspended as a result-of.the Contractor s failure to purchase or maintain
the required insurance, the Contractor shall indemnify the-County from any and all
increased expenses resulting from such delay. Should any claims be asserted
-against the County by virtue of any deficiency or ambiguity in the -plans- and
specifications provided by the Contractor, the-Contractor agrees and-warrants that
the Contractor shall hold the County harmless and shall indemnify it from all-losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
-indemnification provided for the above.
w) Section Headings. -Section headings have been inserted in this Agreement as a
matter of convenience of reference only,-and it is-agreed that such section headings
are not a part of this-Agreement and will not be used in-the interpretation of any
provision of this=Agreement
y) Agreements with-Subcontractors:-In the event that-thre Contractor subcontracts any
or all of the work-in this project to any third party, the Contractor specifically agrees
to identify the COUNTY as an additional insured on all insurance-policies required by
the County. In addition, the Contractor specifically agrees that all agreements or
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured
6.5 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
AGREEMENT 01740-Page 9 of 24
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For Contractor: Paul Sweeney
Global Disaster RecoveN, inc.
13333 Overseas Hwy.
Marathon FL 33050
For Owner: Director of Project Management Assistant County Administrator PW& 'E
1100 Simonton St., Room 2-215 1100 Simonton St.
Key West, FL 33040 Key st FL 33040
i
ARTICLE 7
Enumeration of Contract Documents
7.1 The Contract Documents, except for _Modifications issued after execution of this
Agreement, are enumerated as follows: None.
7.1.1 The-Agreement is -this executed Standard Form-of Agreement Between Owner and
Contractor.
7.1.2 The General Conditions: None..
7.1.3 The Supplementary -Conditions of the Contract are the FEDERAL REQUIRED
CONTRACT PROVISIONS provided below and IAQ MOLD ASSESSMENT REPORT
BY-KEY-WEST PRO MANAGEMENT:
7.1.4 T he Addenda, if any, areas follows: None_
FEDERAL CONTRACT REQUIREMENTS
TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shell have the right to terminate this agreement after five days
written notification to the CONTRACTOR.
B. Either-of the parties hereto may cancel this-Agreement Without cause by giving the
other party-sixty_(W)-days written notice of-its-intention to do so.
C. Termination for Cause and Remedies: In the-event of beach of any-contract terms,
the COUNTY-retains he right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOP.-fail
to perform the-covenants herein contained at the time and in the manner herein
{provided.- In the event of such-termination, prior to termination, the COUNTYshall
provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an- opportunity to cure the breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; However, the COUNTY reserves the right to assert and
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seek an offset for damages caused by the breach. The maximum amount-due to
CONTRACTOR shallnot in any event exceed-the-spending-cap in this Agreement.
In addition, the COUNTY-reserves all--rights available to recoup monies paid under
this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance,
located at Section 2-721 et-al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior- to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap-in this Agreement. In addition, the COUNTY reserves all-
rights available to recoup- monies paid under this Agreement, including the right to
sue for breach of contract and including the-right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and-it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further-action on the part of any-party,. effective the date-of the-court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as-applicable, relating to nondiscrimination. These include but are
not limited to: -I)-Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on-the basis of race, color or national_origin; 2) Title IX of the Education-
Amendment of 1972, as amended (20 USC ss. 1681--1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of-
1973, as amended (20 U&C s. 794), which prohibits discrimination—on the basis of
handicaps; 4) The Age-Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
-which -prohibits discrimination on the -basis of age, 5) The Drug Abuse Office -and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug-abuse; 6) The-Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL__91-616), as amended-, relating to
nondiscrimination on the -basis of alcohol- abuse or alcoholism; 7) The Public Health-
Service Act-of 1912, ss. 523 and 527 (42 USC-ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the
Civil Rights Act-off-1968-(42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities=Act of 1990
(42 -USC s. 12-101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability-, 10) Monroe County Code Chapter 14,
Article-ll, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
AGREEMENT 01740-Page 11 of 24
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Comp., p. 339), as amended by-Executive Order-11375, Amending Executive Order
11246 Relating-to Equal- Employment Opportunity, and implementing_regulations at
41 C.F . Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix- II, R C, agrees as
follows.
E ual Em to ment OpportuniN. When required by Federal program legislation, which
includes FEMA grant and cooperative agreement programs.
Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must
include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in
accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg.
12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive
-Order -11375, Amending Executive Order 11246 Relating to Equal Employment
Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R.-Part-200, Appendix II, T C.
Key Definitions.
Federally Assisted Construction Contract. The regulation at 41 C.F.R.§ 60-1.3 defines a
"federally assisted construction contract" as any agreement or modification thereof
between any applicant-and a person for construction work which is paid for in whole or
in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving_-a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving-such
-grant, contract, loan, insurance, or guarantee,- or any application or modification thereof
approved by the Government for a grant, contract, loan, insurance, or guarantee under
which the applicant itself participates in the construction work.
1 j Construction Work; The regulation at 41 C.F.R. § 60-1.3 defines
"construction work" as the construction, rehabilitation, alteration, conversion,
extension, demolition or repair-of buildings, highways, or other changes or
improvements to real property, including facilities providing utility services.
The term also includes the supervision, inspection, and other onsite functions
-incidental to the actual construction.The- contractor will not discriminate
against any employee- or applicant for employment because of-race, color-
-religion, sex, sexual orientation, gender_ identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that-employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity,or national origin.
Such action shall include, but not be-limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or-recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for
-training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
AGREEMENT 01740-Page 12 of 24
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2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor,-state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3)- The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
iemployee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
-or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation-conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
4) The contractor will send to each labor-union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, _a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24,
1-965, and shall post copies of the notice in conspicuous places available to
employees and applicants for-employment.
5) The contractor will comply with all-provisions of Executive-Order 11-246 of
September 24, 1965, and of the-rules, regulations, and relevant orders of the
Secretary of Labor.
6). The contractor will furnish all information and reports required by Executive
Order 11246 of -September 24, 1965,—and by the rules, regulations, and
orders of the Secretary-of-Labor, or pursuant thereto, and will-permit-access
to his books, records, and- accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules,_regulations, and-orders.
7) In the event-of the contractor's non-compliance with the nondiscrimination
_clauses of this-contract or with-any_of such rules, regulations, or orders, this
contract may-be canceled, terrrrinated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts in
accordance with procedures- authorized- in Executive Order 1124-6 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.
FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as-set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to
2 C.F.R. Part 200, as amended, including but not limited to:
AGREEMENT 01740-Page 13 of 24
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9.29.t Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland- Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal- entities must comply with the Davis-Bacon Act-(40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute-, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required-to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the Department
of Labor in each solicitation(attached as Exhibit A). The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or -reported violations to the Federal awarding
agency When required- by Federal -program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit -Security Grant -Program, Tribal Homeland Security Grant Program, Port
Security Grant Program and Transit Security Grant Program (it does not apply to other
FEMA- grant and cooperative agreement programs, including the Public Assistance
Program),-the contractors must also comply with the Copeland "Anti-Kickback".Act (40
U.S.C. § 3145),_as supplemented by Department of Labor-regulations (29 CFR Part 3,
"Contractors and-Subcontractors on Public Building or Public Work Financed in Whole or
in Part by Loans or Grants from the United States"). As required -by the Act, each
contractor or subrecipient-is -prohibited from inducing, by--any means, any person
employed in the construction, completion, or repair-of public work, to-give-up any part of
the compensation to which hers she is otherwise entitled. The COUNTY-must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.O. § 3145, and the-requirements-of 29 C.F.R: pt. 3 as may be
-applicable, which are incorporated-by reference into this contract.
(2) Subcontracts. The contractor -or subcontractor shall insert in- any
subcontracts the clause above and such other clauses as the FEMA
may by appropriate instructions require, -and also a-clause-requiring-
the subcontractors to include these clauses in -any lower tier
subcontracts. The _prime contractor shall be responsible-::for the
compliance by any subcontractor or-lower tier subcontractor with all
of-these contract clauses.
(3_) Breach. A breach-of the-contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §5.12.
9.29.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs,
all contracts awarded by the COUNTY in excess of $100,000 that involve the
AGREEMENT 01740-Page 14 of 24
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employment of-mechanics or laborers must comply with 40 U.S.C.§§ 3702 and
3704, as supplemented- by Department of-Labor regulations -(29 CFR Part 5).
Under 40 U.S.C. §3702 of the-Act, each contractor must compute the wages of
every mechanic-and laborer on the basis of a -standard work week of 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 40 hours in the work week. The requirements of
40 U.S.C. 3704-are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
9.29.3 Ri hts to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipientt-wishes to enter into a contract with a -small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
-agreement," the recipient or-subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under -Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
9.29.4 Glean Air Act 42 U.S.C. 7401-7671 and the Federal Water Pollution Control Act
33 U,&C. 1251-1387 Contractor agrees to complywith 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-4ct as amended i33 U.S.C.
§§1251-1387)-and will _report violations-to FEMA-and the-Regional Office of the
Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-
7671q.) and the-Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—applies to-Contracts and subgrants-of amountsin excess of-$150,000.
9.29.5 Debarment and Suspension Executive Orders 12549 and 12689 —A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide- exclusions in the System •for Award Management (SAM), in
accordance-witi-r the OMB guidelines at 2 CFR 180 that implement Executive-
Orders 12549 (3 CFR part 1986 Comp., p. 1-89) and 1-2689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM- Exclusions contains the
names of-parties debarred,suspended,--or otherwise excluded=by agencies, as well
as parties declared ineligible under statutory or regulatory- authority other than
Executive Order 12549.
9.29.6 Byrd Anti-Lobbying Amendment 31 U.S.C. 1352 —Contractors that apply or bid
for an award exceeding $10II,ODD must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
AGREEMENT 01740-Page 15 of 24
Old Courthouse Mold Remediation
place -in connection with obtaining any Federal award. Such—disclosures are
forwarded from tier to tier up to the non-Federal award.
9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste
disposal Act, as amended, by the Resource Conservation and Recovery Act. The
requirements of- Section 6002 include procuring only items designated in
guidelines-of the Environmental Protection Agency (EPA) at 40 CPR part 247 that
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10;000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an
affirmative-procurement program for procurement of recovered materials identified
in the EPA guidelines.
Other Federal Requirements:
9.29.9 Americans with Disabilities Act of T990 as amended ADA — The CONTRACTOR will
comply with all-the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9.29.10 Disadvantaged Business Enterprise, DBE Policy and Obligation, _ It is the-
policy of the-COUNTY that-DBE's, as defined in 49 C.F.R. Part 26, as amended,
shall have theopportunity to participate in the performance of contracts financed
in whole or in-part- with COUNTY -funds under- this Agreement. The DBE
requirements-of applicable federal and-state- laws and regulations apply to-this
Agreement. The COUNTY and-its-CONTRACTOR agree to ensure that-DBE's
have the ooportrmity to participate in the performance of this Agreement. In this
regard, all recipients and contractors-shall take all necessary and reasonable
steps in accordance—with 2 C.F.R. § 200.321( as set forth in detail -below),
applicable federal and state laws and regulations to ensure that the DBE's-have
the opportunity to compete for and perform contracts. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race,
-color,-national origin -or sex in the award and-performance of contracts, entered
pursuant to this Agreement.
2 C,..F,R. § 200.321 CONTRACTING WITH 'SMALL AND MINORITY BUSINESSES
WOME 'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the-CONTRACTOR, with the funds authorized by-this Agreement, seeks
to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321-, -the
CONTRACTOR shall take the following affirmative steps to assure that minority businesses,
women's business-enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(3) Dividing total requirements,when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
AGREEMENT 01740-Page 16 of 24
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business enterprises;
(4) Establishing del ivery_schedules, where the requirement permit, which encourage
participation-by small and minority businesses, and women's business enterprises;
(s) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the- Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the-affirmative
steps listed in paragraph (1) through (b) of this section.
9.30 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the
U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term.
IF Florida DEM Agreement
9.31 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded
Subaward- and Grant Agreement between COUNTY and the Florida Division of
Emergency Management (Division) and attached hereto as Exhibit-B.
9.32 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of
whatever--nature arising out -of the CONTRACTOR's performance of work under this
Agreement, to the extent allowed and-required by law.
AGREEMENT 01740-Page 17 of 24
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This Agreement is entered into as-of the day and year first written above-and is-executed in at
least two (2) original copies of which one (1) is to be delivered to the Contractor.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT-MUST BE NOTARIZED:
(SEAL)
Attest: KEVIN MADOK, Clerk MONROE COUNTY
y. By: �
Deputy Clerk Coun y Mayor d Mayot Pro Tern
i
I
Date: Date:
LISA STUART
Notary Public-State of Florida
My Comm.Expires Jun 5.2018
Commission N FF 130003 CONT kster
Global DRecovery. Inc.
-By: "k_ ) t 'CZ By: ef,
.
Own r or Authorized presentative to
Title: bind t Cole pto
Title:
Date:
Date:40 l ,
Contractor Witne ttest: ROE CO T ATTORNEY
" �—" MON O TO
Titl''e:
ASBI HIS A !BROSIO
Date: T�WU RNEY
Date: . ..
End of Agreement
AGREEMENT 01740-Page 18 of 24
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Exhibit A
Department of Labor Wage Determination
EXHIBIT Page f 24 -
Old Courthouse Mold Remediation
General Decision Number: FL180063 03/16/2018 FL63
Superseded General Decision Number: FL20170063
State: Florida
Construction Type: Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not-include-single family homes or apartments
up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of$10.35 for calendar year
2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification listed on this wage determination at
least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is
higher) for all hours spent performing on the contract in calendar year 2018.The EO-minimum
wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned-
types of contracts entered into by the federal government that are subject to the Davis-Bacon
Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available at-
www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
2 02/23/2018
3 03/16/2018
* ELEC0349-003 03/05/2018
Rates Fringes
ELECTRICIAN $ 33.11 12.31
ENG10487-004 07/01/2013
OPERATOR: Crane-
All Cranes Over 15 Ton Capacity $ 29.00 8.80
Yard-Crane, Hydraulic
Crane, Capacity 15 Ton and Under $22.00 8.80
I RON0272-004 10/01/2017—
IRONWORKER, STRUCTURAL AND REINFORCING $ 24.89 10.10
PAI N0365-004 07/01/2017
PAINTER: Brush Only $ 20.21- 10.08
SFFLO821-001 01/01/2018
SPRINKLER FITTER (Fire Sprinklers) $ 27.68 18.89
SHEE0032-003 12/01/2013
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Rates- Fringes
SHEETMETAL WORKER (HVAC Duct Installation) $23.50 12.18
SUFL2009-059 05/22/2009
CARPENTER $ 15.08 5.07
CEMENT MASON/CONCRETE FINISHER $ 12.45 0.00
FENCE ERECTOR $ 9.9+ 0.00
LABORER: Common or General $ 8.62 0.00
LABORER: Pipelayer $-10.45 0.00
OPERATOR: Backhoe/Excavator $ 16.98 0.00
OPERATOR: Paver(Asphalt, Aggregate, and Concrete) $ 9.58 0.00
OPERATOR: Pump $ 11.00 0.00
PAINTER: Roller and Spray $ 11.21 0.00
PLUMBER - 12.27 -3.33
ROOFER. Built Up, Composition, Hot Tar and Single Ply $ 14.33 0.00
SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61
TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15
WELDERS - Receive rate prescribed for craft performing operation to which welding_ is
incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid- Sick Leave for Federal Contractors
applies to all contracts-subject to the Davis-Bacon Act for whi&the contract is awarded (and
any solicitation was issued) on or after January 1, 2017. If this contract is covered by-the EO,
the contractor must provide employees with 1 hour of paid sick leave for-every 30 hours they
work, up to 56 hours of paid sick-leave-each-year. Employees must be permitted-to use paid
sick leave for their own illness, injury or other health-related needs, including preventive care; to
assist a family member (or person who is like family to the employee) who is ill, injured, or has
other health-related needs, including preventive care; or for reasons resulting from, or to assist
a family member (or person who is like family to the employee) who is a victim of, domestic-
violence, sexual assault, o, stalking. Additional information on contractor requirements and
worker protections under the EO is available at www.doi.gov/whd/goveontracts.
Agreement Page 21 of 24
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Unlisted classifications needed for work not included within the scope of the classifications-listed
may be added after award-only as provided in-the labor standards-contract clauses (29CFR 5.5
(a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been
found to be prevailing for the cited type(s) of construction-in the area covered by the wage
determination. The classifications are listed in alphabetical order of "identifiers" that indicate
whether the particularrate is a union rate (current union negotiated rate for local), a survey rate
(weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example: PLUM01-98-005 07/01/2014. PLUM is
an abbreviation-identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination. 07/01/2014 is the effective date
of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes-in the collective bargaining
agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed -under the "SU" identifier indicate that no one rate prevailed for this
classification-in_the survey and the published rate is derived by computing a weighted average
rate-based on all the-rates reported in the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it may include both union and non-union
rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a
weighted -average calculation of rates and are not majority rates. LA indicates the State of
Louisiana. 2012 is the year of surrey on which these-classifications and rates are based. The
next number, 007 in the example, is an internal number used- producing the wage
determination. 5/13/2014 indicates the survey completion date for the classifications and rates
under that identifier.
Survey wage rates are not updated and remain-in effect until a new-survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier-indicate that no single-majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted-union
average rate. OH indicates the state. The next number, 0010 -in the example, is an internal
number used in producing the wage determination. W/29/2014 indicates the survey completion
datefor the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted
average of the current negotiated/CBA rate of the union locals from which the rate is based.
Agreement Page 22 of 24
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WAGE DETERMINAT-!-ON=APPEALS PROCESS
1.) Has there-peen an-initial decision in the matter? This can be:
• an existing published wagedetermination
• a survey underlying a wage-determination
* a Wage-and Hour Division letter-setbrig forth a position ona wage determination matter
" a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour-Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With-regard to any other matter not yet ripe for the formal-process described here,-initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the-
action) can request review and-reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1..8 and 29 CFR Part 7).Write to:
Wage-and Hour Administrator
U.S. Department-of Labor
200 Constitution Avenue, N.W.
Washington, DC-20210
The request should be accompanied by a full statement of-the-interested party's-position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers-relevant to the issue.
3.) If-the decision of the Administrator is not favorable, an interested party-may appeal directly to
the AdministrativeReview-Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.)All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Agreement Page 23 of 24
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Exhibit B
Monroe County FDEM Agreement
u
IH
Contract Number: zM
-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-par;-of a Federal award-received by the pass-through entity."
The following information.-is provided pursuant to 2-C_.FA.§200,331(a)(1):
Sub-Reciplenrs-name: Monroe Counly
Sub-Recipient's PA ID/FIPS Number. 7 7 0
Sub-Recipient's unique entity-identifier. - 17717
Federal Award Identification Number(FAIN): 43 7D F i?
Federal Award Dater
Subaward Period of Performance Star!and-End-Date. 9110/2017—03J10/2018
Amount or Federal Funds Obligated by this Agreement: $2,958.535.94
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to incude-this Agreement 2 8S8 Sir 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) _Qrant to Lgoj Oavernment for
Agtri§tammoval. m r
r tectirae meanu s an
Name or Federal awarding agency: e a ri
Federal!Emgroeno Manligg 2frl
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Name of pass-through entity:. FI-n ky is 1 f e n
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Contact_infomration for the pass-through-entity. g5 hunk r k t d'
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C—atalog-of Federal Dome stic Assistance(CFDA)Number andMme:
Whether the-award is Research&Development: NIA
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Indirect cost rate for the Federal award: 44 C,F 7
i
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) AP_ C O OF STATIC LA'ii'+�i'TO GREEME"NT
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,13E A IONS 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.
vs 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
Al 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:
Llliiila Forbes
-2555 Shumard Oak Blvd,Ste. 360
Tallahassee, FL 32399-21-00
Telephone.:50-8154419
Email: Lililita.Forbes@em.myfforida.com
c. The name-and address ofthe-Representative of the Sub-Recipient responsible for-
the administration of this Agreement is:
Laura deloach-Hartle
11 u0 Simonton St., Ste.2-213
Key West, Ft 33040-311_G
Telephone: 3U5-29 482
Email:deloachhartL—laura@monroecounty-fl.gov
d. In the event that different representatives or addresses=are designated-by—either party
after execution of this Agreement,notice oUthe-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-!o
authorize its users in the FloridaPA.org-webske.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 CONDITIQNS
This-Agreement contains all the terms and conditions agreed upon by the parties.
(5) EECI-ITItINI
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) SCOPIE OF WQR ,
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 PgRIOD CF AGREE _
-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(14 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 21-5.971(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) FUL40ING
-a. This-is a cost reimbursement Agreement, subject to the availability of funds.-
b. The State of Florida's performance and obligation:o pay under this Agreemenfis
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 . §200.415(a), any request for payment under this Agreement-
must include a certification, sign:po by ansign: official who i§authorized 12 Iggally bind the a -Reci lent,
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 forthin the terms and conditions of the Federal award. -f 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 FloridaMorg 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 forevaluating 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.
§200n301,that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the-Federal award.°
g. If authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430("Compensation—personal
services")and 2 C.F.R_ §200-.431 ("Compensation—fringe benefits"). if authorized-by the Federal
Awarding Agency,and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when
no work is performed due to vacation, holiday, illness,failure of the employer to.provide sufficient work, or
other similar cause(see 29-U.S.C.-§207(e)(2)j,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 othersimilar 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,
If
W. 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 1k$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-'impro-per 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,contractualF
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 servicenot-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 wasproper.
(10)RICiRDS
a. As required-by 2 C,F.R1200.336;the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the RiWsion,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-inciudes-timely and reasonable access to the Sub-Recipient's-personnel for the purpose of
interview and discussion related to such documents, Fina#ly,the right of access is not limiled=tom
required retention period but lasts-as long as-the records are retained.
b. As required by 2 C.F.R.§200-331(a)(5),the Division,the Chief Inspector General of
the State of Florida,the Florida Auditor General,or any of their authorized representatives,shall enjoy the
right of access to any documents,financial statements, papers,or other records of the Sub-Recipient
which are pertinent to this Agreement,in order to make audits,examinations, excerpts,and transcripts.
8
The-right of-access--also includes timely and reasonable access to the-Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c: As required-by Florida Deparirment 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 perlod 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.
L 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.
as 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-inconve 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.-§20D.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 requlred:by-2 C.F.R.§200.303,the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information andother 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 ofall the meetings shall be public records,available to the
public in accordance with Chapter i 19, Florida Statutes.
K Florida's Public Records Law provides a right of accessAo 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,ali-matedals made or received by a governmental agency(or a private
entity acting on behalf of such an-agency)in conjunction with official business which areused to
perpetuate, communicate,or formalize knowledge quality 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.
1. 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 appiicable 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("GAG'AS"). As defined by 2
C,F.R,§200,50,GAGAS,"also known as the Yellow Book, means generally accepted govemment
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-Recipientsha!1-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 conies 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@a em.myflorida,com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee,Florida 3239 -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:
hftp;Aharvester.census,gov/fac/collecVddeindex.htmi
h_ The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address,
II
DEMSingle AuditCem.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.
a If-all required reports and copies are notsent 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)MOMITLYRING.
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 eventthat 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) ILITY
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 temOnate 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 any has not cr.f ed-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 dale 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)REMEDI—Ea,.
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
arty 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-rion-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,
ii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs fox any activities in-question or
iv, Require the Sub-Recipient to reimburse the Division for the amount of costs-
Incurred for any items-determined-to be ineligible;-
f. Exercise any other rights or remedies which may-be available under law.
Pursuing any of the above-remedies will-not stop the Division from pursuing any other
remedies in thisAgreement 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 rightor 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)TERMINATIOhl.
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 timed 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 producebeneficial results-in line with the
further expenditure of funds,by providing the Sub-Recipient with thirty(30)calendar days prior written
notice.
14
c. The parties may-agree to terminate this Agreement for their mutual-convenience
-through-a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d_ In the event that this Agreement is terminated,the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub-Recipient will cancel as many outstanding-obligations as-possible,
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the-Division because of any breach of Agreement by the Sub-Recipient, The
Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18){!ROCURI IV ENT
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies Nith 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-
c. Except for procurementsby 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 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 ouffined in 2 C,F,R.§§200,318 through 200,326 as well as Appendix 11 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 Me 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
IS
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. Ifthe 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. §200.31-8(k),the Division wait not substitute its
judgmentfor 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.
Regardtess 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-nDn-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 subcontractoris-
bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable date and federal
laws and regulations,and(tii)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.
)
g. As required by 2 C.F.R.§200318(c)(1),the-Saab 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),theSub-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 describingihe performance,
specificatioM 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_bidde;was involved with
developing or-drafting the specifications, requirements,statement of work, invitation to bid, or request for
proposals.
L "[Ejxcept 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
(Le.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 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 oft C.F.R.§200.321
("Contracting with small and minority businesses,women'sbusiness enterprises,and labor surplus area
firms").
(19)ATTAC)•MENTS
17
a. All attachments to-this Agreement are incorporated as f set out-hully,
b. In+he-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;
L Exhibit 1 -Funding Sources
ii. Attachment A—Budget and Project list
iii. Attachment B—Scope of Work,Deliverables, and Financial Consequences
iv. Attachment C—Certification Regarding Debarment
V. Attachment D—Designation of Authority
vi. Attachment E—Statement of Assurances
vii. Attachment F—Election to Participate in PA Alternative Procedures(PAAP)
viii. Attachment G—Public Assistance Program Guidance
ix. Attachment H—FFATA Reporting
X. Attachment I—Mandatory Contract Provisions
A Attachment J—DHS OIG Audit Issues and Acknowledgement
xil. 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 shalt be submitted
along with this agreement at the time of execution by completing Attachment K—Justification of Advance
Payment.Ther-equest 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 eamed-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
is
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)REPAY TS
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 wilt 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 Shurnard-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$1-5,00 or 5%
of the face amount of the returned check or draft,whichever is greater.
(22)MAND6TEf_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-Reciplent-tn 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-underthe terms of this
Agreement shall survive the term of this Agreement.
0
d. The Sub=Recipient agrees to comply with-the Americans With Disabilities Act(Public
Law`i01-336,-42 U.S.C. Section 12 i01 t se . ,which prohibits-discrimination.by public and private
entities on the basis of disability in-employment, public accommodations, transportation, State and local
government services,rand-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;
iL Have not,within a-five-year period preceding this proposal been convicted of
or had a-civil judgment rendered against-t<hem 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 orby
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
0
provisions of Chapter 119, Florida Statutes, which the Subr Reciplent created or received under this
Agreement.
j. If the Stab-Recipient is allowed to temporarily-invest any advances of funds underthis
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(ej[Section 274A(e)of the Immigration and Nationality Act
("INA")). The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of-the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I, All unmanufactured-and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYIND 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 theexpenditure 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 actiDn—by the Florida Legistature 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 cr 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 an submit Standard Form-LLL,-"Disclosure-of Lobbying Activities,"in accordance with its
instructions.
iii. The Sub-Recipient shah 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-$1-0,000 and not
more than$100,000 for each such failure.
(24) OP'YRIGHT P T NJ AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE-PERFORMANCE OF THIS AGREEMENT ARE HERESY
RESERVED TO THE STATE OF FLORIDA; AND.-ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENTARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If_the Sub-Recipient has a pre-existing patentor copyright,the Sub-Recipient shall
retairr-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 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)JF,4GAL AQIIIQE!ZATION.
The Sub-Recipient certifies that ithas 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)gQUAL OPPORT EY1MELGy'f t - T
-a. In accordancewith 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 te=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,zvailable 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 theSecretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, f965,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 264=of Executive Order 11z46 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
woric provided, that if the applicant so participating is a=State or local government,-the above-equal
opportunity clause is not applicable to any agency,instrumentaiity 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 riles,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 iurther agrees:hat it will refrain from entering into any contractor
contract-modification subject to Executive Order 11246 of September 24, 1-965,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 aH 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 suture compliance has been received from such Sub-Recipient;and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND A. TI- IICKBACK 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 shah comply with 18 U,S,Cx §874,
4a 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.
i . Breach. A breach of the contract clauses above may begrounds
for termination of the contract,and for debarment-as-a contractor and
subcontractor as provided in 29 C.F.R. §5.12.
(28)CONTRACT C1R Ft l SAFETY STAlVDARtS
If the Sub-Recipient;-with the funds authorized-by-this-Agreement,enters into a contract
that exceeds$11-00,000-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 this 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 AgJ AND THE FEDE ALWATER POL TIOWCONTROL 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) USPENSION AN DEBARMENJ
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.
pL 1-80 and 2 C;F.R. pt,300D 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. §
1-80:935).
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 tact relied upon
by the Division, If 4 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 avaiiable 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 thatmay arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(3i)BY O ANTI.L INO AMEI+,II fwtE�JT
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
6
"he 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 oil-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 lakes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up-to the
recipient.
(32) O TRA T°ING WITH SMALL AND MINORITY BUSINESSES W MEN'S BUSCN SS
ENTER RIS�Ct LABOR LUS AR A FIRMS
a. if the Sub-Recipient,with the funds authorized by this Agreement, seekslo procure
,goods orservices,theca, 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 rwheneverssible:
L placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
i, Assuring that small and minority businesses,and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements,when economically f'easib%into smaller tasks or
quantities to permit maximurrrparticipation by small and minority businesses,and women's business
enterprises;
iv. -Establishing delivery schedules,where the re uirement° ermits,which
encourage participation by small and minority businesses, and-women's business enterprises;
V. Using the services and assistance,gLgggMphate,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 obligallorr to-carryout and
jgUment 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 thwmicro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures(e.g.'project splitting").
(33)6SSURAN4 S.
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
28
IN WITNESS WHEREOF,tha_parties hereto havd'exe t d,tha .A reernent,
i q, a
SUIT-RECIPIENT:MON OE COUNTY �cw
CLERK
By,
Name and title: D M a a✓
Date: 2 7-e"T
FEID#59-6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title;Wesley Maul, Director
Date:
MONROE COUN'IYATTORNJEY
API' O RIy T FORM*.
CiHASTTNEI.It ERT-BARROWS
ASSISTANT Co ITORNEY
9AT
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: $2,058,535.94
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
2 C.F.R. Part 200 Uniform Administrative Requirements,Cost Principles, and Audit Requirements
for Federal-Awards
• 44 C.F.R. Part-206
0 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 Worksheel(s).Eligible work is
classified into the following categories:
Emergency Work
Category A: Debris-Removal
Category B: Emergency Protective-Measures
Permanent Wo k
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 w0l-be in violation of the terms of-the Agreement.
NOTE;Section 200.331(a)(1) of 2 CFR, ar►revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs-and-State Projects included on pg. 1 of this subgrant
agreement and in Exhibit 1 be provided to the-Sub-Recipient.
00
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) B Force Accountmm' $2,667,613,65 100% $2,66.7,613.65 0 0 $2,667,61mm
3..65
Labor-first 30
days
3J(0) B Fire Rescue_ $106,46K. 9 100% $105,465,29 --CT—.. 0 $106,46519
Medical
Supplies
41(0) I B Temporary $60,949,50 1 M $60,9.49 50 0 0 $60,949,50
Sanitary
Facilities
Rentals for 00
48(0) B Temporary $23,507,50 100% $23,507,50 a fl $23507,50
fence
i
DR-4337 Total $2,858,535,94
31
Attachment B
SCOPE OF WORK,DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of Work
Complete eligible Projects for emergency protective measures, debris removal,repair or replacement of
Disaster damaged facilities.
When FEMA has obligated funding for a Sub-Recipient's PW,the Division notifies the Sub-Recipient with
a copy of the PW(or P2 Report)- A Sub-Recipient may receive more than one PW and each will contains
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 Gant 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 swom 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 completiorrof 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_
a B. AIA Forms G702 and G701 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)
foram G702,Applications 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,
3
Five percent( %)of the total eligible amount(including Federal,state and local shiares)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 obfig'ation 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 FlodclaPA.org,
selecting the S'ub-Recipient's account, then selecting'Create New Request',and selecting 'New Small
Project.CornpletiontUoseout'.. Complete the form and'Save`. The final action is to Advance the form to
the next queue for review-
Financial Conse uencas:
For any Project(PW)that the Sub-Recipient fallsID 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, ,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
k9� � N k
y� . . .. �....._ ....doff
i tl Sub=Recipient's Name
—wa—md and Title DEM Contract-Number
Wee Address FEMA Project-Number
City, State,Zip
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-Recipients 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 heir
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 Authorrzed-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 reportstrequests in FloddaPA.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 organizatiorr to be available when-the
Primary is not.(Only one Alternate Agent is allowed and this contact will have full access).
Block 4, 6, 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 weare communicating
-with 0m correct individuals.
Block?—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
DESIGNAT--ION OF AUTHORITY(AGEWS)
FENIMr.11 NI'EE PUBLIC ASSISTA\CE1_'ROGRAM
FI,ORtn,%nivistoN, OF ENFERGENCY N]ANAGENIEW
Sub-Grantee:
Box I: Autthorized A ent(Full Access) Bw2s Primnry A ent(full Access)
Agent's Name Agent's Name
Signature Signature
Organization(Official Position Organization i Official Position
Mailing Address Mailing Addmo
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 t Official Position Organization I Official-Position
Mailing Address Mailing Address
City,State,zip- City,Stale,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
-Box-5: Other-:Risk NIgmt-Insurance-(Full Access) I Box b:Other-ExLvironmental-Historic(Full AL4eess)-
Agent's Name Agent's Name
Signature Signature
Organization i Official Position Organization Official Position
Mailing Address Mailing Address
Cary,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-marl ',ddre-ss E-mail Address
The above Primary mid Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee ror the
purpose of obtaining cenarr>Grantee-and Federal financial assistance under the Robert T Stafford Disaster Rchef&Emergency Assistance Act,(Public I..av
3-288 as amended)or othcn%iw as adable,'Ilhcse agents are authorized to represent and act for the Sub-Grixftc in all dealings wili the Slate oF_l'lohda.
Grin cc,for all manors p enaming tar such dowster assistance previxxasly signed and ex ited-by-the Gmntte and Suh•praniee Additional contacts may be
placed on page 2 of this doe umcm For read only access lay°the above Authonzcdl AScols
Authorized Agent Signature
Date
36
DESIGNATION OF AUT-HORIT%,jAGENTS)
FENIAlGRANTEE PUBLIC ASSISTANCE PROGRA',%1
FLORIDA DIl1SION OF EINIERGENCY-NIANACE\IENT
Sub-Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Read Onl•Access)
Agent's Name Agent's Name
Signature Signature
Organization lOfficial Position -Organization-1 Official Position
Mailing Address Mailing Address
City,Slate,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 Tclephnne Daytime Telephone
E-mail Address E-mail Address
Box 11: Other (Read Only Access) Bo"i: Other (Read Only Pf-cess)
Agent's Name Agent's Name
Signature Signature
Organization 1 Official Position Organization/Official Position
_Mailing Address Maiding Address
City,Stale,Zip City,State,Zip
Daytime Telephone Daytime T clephone
E-mail Address E-mail Address
Sub-Grantee's Fiscal Ycar(FY)Start: Month: 1)rOy:
Sub-Grantee's federal Employees Identification Number(LIN)
Sub-Grantee's GrnnteeCognizant Agency for Singlc Audit Purposes: flarid Qivision of Emcrgcnc} Monagcarnent
Sub-Grantee's: FIPS Number(1f Known)
NOTE: This farm should be re0m ed and necessary updates slrortld be made c h-quarict to maintain cff,ctent and enntinuity°
tlatarughout staff turnover 1lpdwcs rnay°be made by email.rn the state team%assigned tare your account A ncrt•form +,ill only be needed if all
authorized reptesenintivos harae separated!Torn y our agcocy Be awate that wrbmating.a ne%v signation of Auilrn ny anklets the contacts that lm r
beam listed on Pm6ous lya:signation forms tin that the inl'a+rmation to laloridul'A nag will be updated and the contacts ltsred a boac will replace,not
supplement,the contacts on the previous list
REF 09-09-2017 DISCARD PREVIOUS FERSIMS
3?
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-21-1 A-87,A-110,A-
122,and A-128;E.0.'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 conditionsof 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 wi1tfiurnish 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�ave been approved and will
see-that work on the project will-be idone to completion with reasonable diligence.
e Not-dispose-of or encumber itrrtitle 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,_oarticularly-those with whom-they have family,business,or other
ties.
h. Assist the Federal grantor agency in its compliance with Section 106 of-the National
Historic Preservation Act of 1966 as amended, Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 by:
i, consulting with the State Historic Preservation Officer on the conduct of
Investigations, as necessary, to identify properties listed in or eligible for
inclusion-in the National Register of Historic Places that are subject to adverse
effects -(see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties; and
ii. by complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
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 avaMble documentation-sufficient to demonstrate that the
Sub-Recipient and its demolition contractor nave sufficient manpower and
equipment to comply with the obligations as outlined in this Agreement;
L return the property to its natural state as-though no improvements had been
contained thereon;
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 ofzuch 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
responsiblefor 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 22 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 ;8 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 limes their basic wagerates 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 excessof the prescribed work-week.-
g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs"of
wages in Federally financed or assistea 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 ofany 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 fling a request for an insurance commissioner certification (IGC). 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 Grime Act,as appropriate;the provisions of the current edition of the Office
oFJustice 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.
1. 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; Pad- 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 1966, 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 1-972; 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--M, and with the Civil Rights Act of 1964(P:L. 83-
352) which, in Title VI of the Act, provides that no-person in theUnited States-of
America, GranteestRecipients shall,on the ground of race,color,or national origin,be
excluded from participation in, be denied-the benefits of, or be otherMse subjected to
discrimination under any program or-activity for which the-Sub-Recipient receives
Federal-financial assistance-and wily immediately take any measures necessary to
effectuate this agreement.If arty-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.
t
r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment -and
Rehabilitation Act of1970, relating'o nondiscrimination on the basis of alcoholabuse
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;
iiL 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 unitsof 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_adverlising; layoff/termination, rate- of pay or other forms-of
compensation; and election for training and apprenticeship.
ii. EO 115 i4(NEPA).
iii, EO 11738 iviolating_facilities).
iv. EO 11988(Fioodplain Management),
v. EO 11990(Wetlands.
vi. EO 12898(Environmental Justice).
5) For Grantees/Recipients other than indivlduats,-the provisions-of the DRUG-FREE WORKPLACE
as required by the-Drug-Free Workplace Art 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 SGb-Recipient by FEMA. The S-ab-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-SU BGRANTEE/SUB-RECIPIENT:
Signature
Tina Boan Sr. Director Budget&Finance, 000 1-0
-Printed Name and-Title Date
43
Attachment F
-Election of Participation in
Public-Assistance Altemative-Procedures(PAAP) Pilot Program
-Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the
Sandy Recovery Improvement Act (Division 8 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 fends by the State as the Recipient,
Payrrients 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. T hey will,
however,be treated as an advance for purposes of Requests for Reimbursement(RFRs),and satisfaction
of the requirement that ninety percent(g0%)of previously advanced funds must be accounted for prior to
receiving a second advance,
In order to elect to participate to the PAAP program for one of the following options,you must read the
Guidance found at htt ;IPwww,fema, ovlaltern iv - rocedure and then complete the required
documents on the following pages, The documents can be found under the Permanent Work section of
the webpage in-editabie.pdf format if-preferred.
P for D bris Rem al Cate o A R red Documents:
• Public Assistance for Alternative Procedures Pilot Program for Debris Removal
Acknowledgement
bttps'l/www.fpmL,gov/media-libra -d ta11504t?119656
24dfdag e. IL22d450582,02_b_d 62gQfIL PENDIXA Revised for limited slidin le 8-23-
17.odf
PAAP-for Permanent Work (Categories C-G Required documents:
• Fixed Subgrant Agreement Letter
htt s:ilwvLmf ma. ovlmedia-Iibra -d °t 388154577585-
398aea786c6aedbdO48c371270fd7b2.21508 PA Alternative Procedures Pilot Pro rarn Ferman
enj Work Fixed Sub, ran Ag!rSgment LetteM/62012-1 -1 df
• Public Assistance Alternative Procedures Pilot Program for-Permanent Work Acknowledgement
htt s:ld a.f rn . lmedia-library-da 1 55802544-
1162 c7 8308b5c4120de61.354 412g1PA Altema iv Pr a ures Pilot Pro r m Bennangnt
Work Acknowled amen /2 1 - 3-13.pdf
All PAAP Related Documents(guides, Fact Sheets,Standard Operating Procedures, FAGIs,Archived
Docs, etcJ_may be found at: htt s,llwww.fem vlmedia-libra la 158QA
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 meet1he 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 changesto the sliding scale
provision are applicable to disasters-declaredon or after August
ust 282017.This version'on of
pilot-
guide
a
supersedes the previous pilot guide for debris removal(Wa 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 subreciplent,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.
- The subrecipient acknowledges-that FEMA may request joint quantity evaluations and details
regarding subrecipient operations necessary to assess the plot program procedures.
4. All contracts must comply with local, state,and Federal requirements for procurement, including
provisions-of 2 OFR 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.
0 /' - /218
Signaturd of Subrecipient's Authorized Representative Date
Tina loan.Sr. Director Budget&Finance.
Printed Name and Title
9
Sub-Recipient Name PA ID Number
:o We elect to D2.t participate in the Alternative Procedures for Debris Removal.
46
FIXED-SUBGR-ANT AGREEMENT LETTER
DATE,
I
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§ 93.22(b)—OApplicable cost-principles",the reimbursement will not exceed the
fixed estimate.We also understand that by agreeing-to this Ixed estimate,we will not receive additional
funding rebated 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 alterative procedures pilot program guidance(such-as procurement and contracting;
environmental and historic preservation compliance;and audit and financial accountability)may lead to
los-s of Federal funding.
Signature of Sub-Recipient's Authorized Representative Date
Printed-fame and Title
Signature of Grantee's authorized Representative Date
Printed=Name and Title
7
Public Assistance Alternative Procedures Pilot Program;or 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:
D Subgrants based on fixed estimates,and as the Sub-Recipient, accept responsibility for costs
above the estimate
u Consolidation of multiple fixed subgrants into a single subgrant
[3 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 scopeof work-is implemented.Failure to comply with this
requirement may lead-ter loss of Federal funding.
-8.The Sub-Recipient may submit-appeals in accordance with 44 CFR§206.206. However,FEMA will not
consider appeals solely for additional costs on fixed subgrants.
Signature of-S-ula-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
GRANTS ',S/REC Pl'ENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM iFloridaPAoral
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 FloddaPA,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 commondocuments 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 i"tarted-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$5,00000 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 (5y-years after final account
closeout,
INTERIM INSPECTIONS
Interim Inspections maybe requested by-the Sub-Recipient,on both small and large projects, to:
1. conduct insurance reconciliations;
ii. review an alternate-scope of work,
iii. review an-in, proved-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 RECONCtLIATIO I 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,--A..lternate Projects and Improved Projects where final
costs exceed FEMA's original approval,the final eligible amount for a Large Project is the actual
documenited-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 SOM 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 musi provide documentation to support that it used the
funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VILG and guidance-
-provided at bttp. /www.femp,ggy/eiternativtzpLgoguiLes.
Once-FEMA completes the necessary review and funding adjustments, FEMA closes the-project.
Small Projects
Once FEMA obligates a Small Project, FNMA 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 amownl. FEMA-only adjusts the approved amount
,on individual-Small-Projects if one ofthe following conditions applies:
• The Sub-Recipient did not-complete the approved SOW;
• The Sib-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 ifs 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.
r
CECEM
I � Irut ,
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 imeline 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 ta-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 onconstruction)
FEMA generally considers-the following-to be circumstances within the control of the A212ficant and no.
iustifiatale for a time extension:
• Permuting 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 threefacilities 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;
0 Dates and provisions-of all previous time extensions
0 Construction timeline f project schedule in support of requested time
0 Basis for time extension request
* Delay in obtaining permits
0, Permitting agencies involved and application dates
v Environmental delays or limitations(e.g., short construction window, nesting seasons)
• Dates of correspondence with various agencies
• Specific details
a Inclement weather(prolonged severe weather conditions prohibited access-to the area,or
adversely impacted construction)
c Specific details
• Other reason for delay
n 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 obli-wited for work that is subsequently determined to be covered by insurance
and/or other—%ources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4)and
312-(c).
-As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged
facilities,the Sub-Recipient understands-it must, and it agrees to, maintain such types of insurance as are
reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the
insured facility, whichever is lesser. Except that the Recipient acknowledges--FEMA does not require
insurance to be obtained and maintained for projects where the total eligible damage is less-than$5,O00%
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 3vture loss" to an insurable facility as a condition for receiving disaster
assistance funding. The Public AssistanceProgram 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 become&
aware of any insurance coverage for the-damage-identifibd on-the applicable Project Worksheets and of
an;t 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.
13tr1PUCAT10N F 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 Granteel 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 benefit
COMPLIANCE WITH PL N NAG/PERMITTIN_G REGULATIONS AND LAWS
The Sub-Recipient is-responsible for theimplementation 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 tegal requirements.
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 ficensed, 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.
FlINDING FOR LARGE PROJ'E TS
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
bj 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 FOEM 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, Aa122,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,
1 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 compteted 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 speck 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 andior 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 theSub-Recipient
was improper,
54
DB,SI NATION 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 perfods to appeal a
Federal determination.
DUNS
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&1radstreet have designated a special phone number for Federal grant-arid cooperative agreement
applicantsiprospective applicants. Calf the number below between 8-a..m.end 5 p.m.,local time in the 48
contiguous-states and speak to a D&B representative.This process will take approximately 5—10
minutes and you will receive your DUNS number at the conclusion of the call.
1-866-705 5711
What do i need before-I request a DUNS number?
Before you call D&B,you will need the following pieces of information:
• Legal Name
• Headquarters name and address for your organization
• Doing business as(dba)or other name by which your organization is commonly recognized
• Physical address
• Mailing address(if separate from headquarters and/or physical address)
• Telephone number-
• Contact name and title
• Number of employees at your physical location-
How much does a DUNS number cost?
There is no charge to obtain a DUNS number.
Why does-my institution need a DUNS number?
New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant
and cooperative agreement applications.The-DUNS number will offer a way for the Federal government
to better match information across all agencies,
55
How-do I see if my institution already has a DUNS-number?
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;he 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 institutions 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 wishingto 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-inAhe CCR, but this is a good opportunity to verity that
your organization information is up to date. For more information about the CCR, please visit the CCR-
wehsite 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.
dies this apply to non-US organizations?
Yes,this new requirement applies to all types of grantee organizations including foreign,non-profit,for
profit as well as for-state and Federal government agencies.
Does this apply to non-competing progress reports?
-No. This-new-requirement applies-only to competing applications.
Are there-any exceptions to the new DUNS number rules?
-Individuals who would personally receive a grant or cooperative agreement award-from the Federal
government apart from any business-or non-profit organization_they may operate are exempt from-this
requirement. Also individual Kirschstein-NRSA fellowships that propose training at Federal laboratories
do not require a DUNS number.
Who at my Institution is responsible for requesting a DUNS number?
This will vary from institution to institution.This should be done by someone knowledgeable about the
entire structure of your-institution and who has the authority to make such decisions.Typically this
request would come from the finance/accounting department or some other department that conducts
business with a large cross section of the institution,
56
We are an organization new to Federal grant-funding so we_obviously need-a DUNS number, But we
don't want to be included in-any marketing-list. What can we do?
Inclusion on a D&B marketing-list is optional_ If you do not want your name/organization included on this
marketing list, request to be de-listed from D&B's marketing-file when you are speaking with a D&B
representative during your DUNS number telephone application.
Who do we contact If we have questions?
If you have questions about applying for a DUNS number,contact the Dun &Bradstreet special phone
number 1-866-705-5771. if you have questions concerning this new Federal-wide requirement, contact
Sandra Swab, Office of Federal Financial Management,202-395-3993 or via e-mail at
wab@omb.eoPraoy.
Sobsti utg 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 Slate-to submit a Substitute Form W-9.The
purpose-of a-Form W-9 is to provide a Federal Taxpayer Identification-Number{TINP,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 S, 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 t]2ps/iflvendor,mvflfloridacfo,con°.
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.govl.
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 1612(a)(2)of the American Recover}-and-Reinvestment
Act of 2009,Pub. L. 111-5).
Note:This`Instructions and Worksheer 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 thesigned form to the Division as requested.
PROJECT#: N/A.-Da not tiorrr Mete
FUNDING AGENCY, Federal Emergency Management Ageng
AWARD AMOUNT: $ Federal share amount o
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:/tfedgov.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: -
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-MACE OF
BUSINESS):
ADDRESS LINE 1,
ADDRESS LINE-2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4"`
C'ONGRES L DISTRICT FOR PRINC'I'PAL PLACE OF PROJECT P t ORMANCE:
—Providing the Zip+4 ensures that the correct Congressional District is-reported.
EXECUTIVE COMPENSATION IN RMATION:
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-t!othe
Transparency Act?
Yes❑ No❑
if tire answer-to Question 1-is "Yes,"continue to Question Z-lf the answer to Questions 1 is "No
move to the signature block below to complete the certMcation-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
0 5 U.S,C, 78m(aL 78o(d))Section 6104 of theInternal Revenue Code of 1986?
Yes❑ No Q
If the answer to Question 2 is"Yes," move to the signature block below to complete the
certification and submittal process.[Note: Securities Exchange_Commissioninformation should
be accessible-at http/lwww.sec.gov/answers/axecomp.ht:m.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(6)most highly compensated
"Executives".in rank order, in your organization.For purposes-o this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 1-70 Appendix A:
"Execuitive"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 forfinancial 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$10,000,
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion
Rank Total Compensation-
(Highest to Name for Most Recently
Lowest)_— Last First mil- Title Completed Fiscal Year
1
3
4
THE UNDERSIGNED CERTIFIES THAT ON-THE DATE WRITTEN BELOW,THE-INFORMATION
PROVIDED HEREIN IS ACCURATE,
SIGNATURE:
NAME AND TITLE:
DATE
60
Attachment I
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 CFR Part 2DO. -It is the responsibility of the,sub-recipient to include the required
provisions. The Division provides the following list of sample provisions that may be-required;
61
P1.210,App.11 2 CFR Ch.11(1-1--17 Edi11on1
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Iyed Comp„p 1.us armaaded by Executive wank.The rer4tdrvstvuta or 40 U.II.C,M04 are
flr6mr LIM. "A,motmllag Uvocuflvo Carder applltnsble W vanotructioa work sad provide
11244.Rotating to 94oal troplorycamra:t Gppor that an lataawrca or raechaole trust be to
(unity.'*and Nrtyatnsrw mtivg regotatfons Dolt 4'1 quUvd so wark for arwrroundfaxs or oadar
CPXI pert f41, "tlffion of PswNraral Coatrart working conditions which are unasntXmry,
Cotrtfd$%two , Cqual Droplaymant hwtardoaw or dwtr¢gorous,Thera ragulraoasoto
o7pparttoalty,De aurtcawnt of harbor,°" do rust..apply to the pwtrc::- or stpplN"e or
(D)l svlaulkw on Act.,swaovodstt(40 U.S.C. tootarlals or articles ordlosrtly kyallable am
'y1.41w344b).Whom required by Pedaral pratTam the open orsarkot,or oontr*ots tar trwtupor
teelstatton,all Pawns 4004troattom contracts tatpon or trmrastn ssl000f IateNtl,lgaaos.
in cxrtva of MOM awarwlod tqy 000,Pederal (P) 111g;ht4 to lovootlom: hjude Under w
entltlea no"t 1001"do a psovlstoa for caswtpli, Contract or Agroomont,](the'rodersl aat"ard
ease with tbo Davit-llac ru Act (40 VI S,C, to"In the doflolt:lao or"'fXtodkoff aksaswsvot"`
3141.43144,and^W46-4140)as oopplotneut"d by Dolor V CF"14 14012 fry and;the,rociplout or
laopsrtcaaat of Labor regufatlons (29 CPIs tAtlarralpleat wlahae to eater later a cotutsct
PUA 4,"Luber 8taudArdes provisions Appll with a soaalf IatxalrU,ov firers or nooprUfit ore°
enable to Chutrgaa Coverlog Podaral/y Ft nlxstlUa resserdtag the substtattlon of Ins-
nmotvd and Amalstacl ftrraaXrtmtloa'"'l to ace tins, saal4°ttreent or yrerrarniaooa or"xlsro'1.
vordsnco with tbs ata'ttto,contractoeo trarat nsaatal, davelossumntat, or rt taarvls work
be regn1red to M%Wesrto lideorem read nao• ender Iha4`•fandtbg sd"(rent,"the rertpl
chsakm at a rate not loss ttAii the prawrnlllaag out or scorocIvi at roster r"ompTy wvtth the to
wsattaoe apecllInd Ira n wv^..uC,e d0t,eenaIAM101% gauarewataafd"fCl+f4 part Qt,"$"Sm,setol.n,.
uncle by the etett a.ry of Labor..In adwiltlon, ventlons Undo by NoapoonA orthapselloso,
noontraosors ouna t be ragolrad way 'pay ttapao and Awrall Unalhase pprates Under Cevorn
not It"than once s weak."Maus non='rodatal rrsaot Groaata, Contracts and Cooperative
"atlty recast Plano a copy of tho Curoat pro. -Aagr"oussnWa„`"and may Iraploaysaatlag retula,
valued wade etas srwtdmatlna lsuuoed by sho l sloes lawarawl 4 y the awnrdtac mooavr^
pu%meat of Labor In asc.h svllcttatNon,Thu W)Cllama,,&Ir Act f49 II„II..C,7401", 43 mzd.
decls4on W wveardi a contract or saboaatract the Podcrs1 Water'Polhrtton Camtral Act( li
naret..be coadttloued uprao the amolpsance rat U,U„C„.1. I..l fl„am..sreended ntrac.ts stoat.
who*^ages aloXarnr&nstloa.The aon•F°"alorsl go- suberauts of ais"'afls 10 OXceas of 31dCN.th?A
tlay states rnpwai, mil sumps t"d or reported rnsaat oonwslo a Provision that revltdrea the
tJolstfans to the Podorel awarding agaaa y. nass-rodderal award to a4"rea to Coe ply"rdth
The rootra,rts naaznt also include a ptorfston sell. applloohla ntaodsrdaa„ cords", or regaXfaa.
for 00"1141 a 91tb the uCopokand "Aotl• slam Issued psntume to the CleanAir Act
'1M'k¢:kbotle" Act. (40 U:U',C7, 314sl. as suppl"�.,. ("U.8.;0,7'401mm'MTlg)sand.too Yedarol.Water
awated by I)v,partnwnl of Labor,ragulatlona Pollution Control Act as mounded im t.SX,
(20 GPIs Part d, "CootraoX en AAd Satmw W1 l °f),'Vlolatloaa atoat bo spurted to the
contraotore am Puhlfc 11441dtag or Fatbllo Pxdersol awardlne sgoom rural the kkeloaal
Work Plasooe4-1,11 Wakolo or In Part by 1.raaas Clfflca of the F avkotint antal Prow,watfan
or Creots from the Unitod flttwtos").The Act Agency'(EPA)
ts^ovidoo that oseb onatasvXor or, aub- (11)bl haamant and Suetw unton fP.x"outive
recipient,nuast be proUfthed from laded . Cads 'IV* mad 1 A wrarwrert afAl"
by say naaens,nor person asnployod to Ilse (arse d CM, IdXk.,M)mast not no oaud"tag par"
sna40%rUctlo96 mrtaplitUon,or napalr of pool so Clam Ildted on the govoranwatwld"atnhrstoas
wror'k,ate girt up any part at the co refourw• In the fSyotawa for Awwa l hlataugaarsrat
Una tat*blab ko or she Is otherwise ootltied,, fUatSwll. In aoca math the 41h111 rinds o
The non•Padarml costs, recast report sly sus- ones at d C'Pfl ISO that troplerrnoat Umvcutive
Iaoted or reporlod vIltloos be the...federal Order%Mo$d CPFC part " CoshO„p„1 1-
awsrdwnC a weoy. and fd CFR part IM Catnap., p. ;1,
(S) Caatrmet 'Work 110tul, *lad' $ faty "Dolear mot and 9larwponalan,"AAAI Exchv
Utabdards Aet f40 Uf S.,tl, ;17alw9ffnpx Whore 61fr of pantaalns the names n1 paxtico d"kaxrtsl.,.
sppllcabfs"all coatracta awstsdod by the non• ausparad"d„ or otherertts exetuded by ag"a•
P"dwW"Usit,y In 4090040,94'$100i0 11 shot In, class, As wall as parties daalarad Instl4thla
Volvo the amlaymantatrvanehmatoarorlaraor� Under statutory or 'regulatory attaorlty
on toast loclatde a provlstom for correollanne other than Pree ttiva Carder 1
with 40 tN.U.C"„M and M,.ao saap«plannonted (1) Byrd An%1 Lobhylrad Aavadnweut (41
by t*PAXtaraeat of Leber reotx1atk—CM CM t1.6 4, 1%4-10oatracsorw that apply or 41d
201
63
P1.200.App.li! 2 CF$Ch.11(1-I-17 EdRion)
for as sward■zesedlns f10000 grant file the accour tl.ng tra itawat may tnc�imia it In t.be
t+malted cortMosaloa.Each tlor eert4l6es t.:- Instruction,fu#si
the ghee above I;bat It will WA sae$has swot mil ft ya tines aiul ni trrh ovaena-raw actin
used Federal Spigratirlai Beni'to tap any develoPnroiat nad Kholarly activAl" tbil
tht17Xw11 or argaalnrioa for I1311oewla;ar at- ate act ottAnitad rasioaricts sad« of
tempting to Item a as officer or onapkii "neatly,are tat sc(warstaly leodgr"and.
of any ageacy.a nst"i of Co ,nrfit arvaittsasd f-sr. 1#eiartgawatsi rossagcb. fora.
or employee of Coagrem,or as erapioyee of a Paver Of Ibis dactat rnl,]r out box d
twee. a1 I:oasgm.1.ecnrroe6laa with nh- as a rrsslaa^Alactpaa,hot no a tart of she is
gaining May FVdava contract,grant or any Arrtui n#ocailon oI the Iasiitutinaa
other arrsad co�vered'.by 71 11.9-0.J=rAgb (3)()al,y coaadstory coat alaaa'init rw hart.
UAr matt also disclose axis ltai b iat'with., smearing apmekf CAJly cwnanitted In the proloet
son•F.d.ral Banda that taker lilu. In eow busiest nwrat be Included is the ckgan'Itnd ro-
seetion with obtalnlag nag Fei award, Iddi be"far c4ts"Ung the Indirect(FJ AJ
SM11 dlaeloutrea ace forwarded atom tier to Trent rate aw r.flwAwt is any alloaatioin ot(,a.
ilsr UP to the aoa-Psdara)award. diaaot votes, fjal ary I=" abuse statutory
(J)See 12M=IkOcUrsa sat of.rwr ogigs d lltnlow"on(YJAttdmlrrai tasit aharfri
matorisla, ti pcnlsrd Somsch noana all roeirth
WA d-miolausni ark(vkllwl ar as 14A41t4Atgoa
170 PR-' Dec.K 2017.as aaga oiled at 1t that are ssfraratoIx badae#ad and accounted
rRISM.Doc.lR 701(I n' .It tnalndema
(I)Rp"10,04 room"rnat'ssr all gwaearch
Ar'fiClltl#A III TO PART 3W--INDIPA F m i deaaSoIMag l nei that we m,g0.4.
(MA) Cum ibiciiTmirmT#oN AND "wed by PO&Ial and aaa FadarAl acted"
AllitlnliNCRT.AND RATC I)MRMINA- and ot^aaaitag;laary'rbts%arm lacio es aotiri-
WON R.IR lifkrPBTli'l'ltNS or AfaNBR Uee Iaralring the tralmi of Iiodlsldilatkt in
EDUCATION lII1Fa`y research ta+rioxlg€wwo gzrartmaioly a lad ia-
wrech tr r6nkawpi where ei actlOgAut utulra
A.#)EaRnaL the aarne fscuit#ma as WWI IWAU'ah and via^
vekrprtieat actirltlea and where*WIW activl.
Talc wmendly povkkw Criteria,Brit Idt i- live are get inchailtd In the}astract€aa fnnc-
lylag and einstatlax Indirect (or Indirect uoe.
(Pl A))rates at IIMA(ittstltutioea).ladirect (2)Sint"rdlp tetwrtb Duane all research
(ji gotta am these that are incurred roe agar dowt;oppoat act#riti a that era earn
*eognion,or boring Objectives, Led thert(ere r'ately,bN4dp}ei+rd and si xzaxntrsl for by th.In.
caniiN be-Ideatided rowdly stud spocift ally atltti Under as letsraai applitatina or la-
with n paalleular Agaasored goiasw,sa in, atltatlaaai fianda. Uomvagi vaaAarek, for
atrocUoaal ae.rthcdt3, or sax curer twine. fXM7,OWA of this draeoiraoot, rages bo cot"
tl.aaal act#rlty,flee subsectloc 11.1.1lenaۥ 'IelAeai with "as0tvid rotoarch anrknr the
tioa or$entities and Adtala€stM$IOS.for a Ixectloaofongaaizedr.aaarek.
d1wUslon of the consp9Aenta of indirect G.(Mher rgar.:€ared acfgvltlw MOLOS fav cmfz
(F"tceal., and tmject►naaaixd by-Fodcrai and ii
Pedarai aasai and ixgaabaat}om which In
f.Major F4nrils..Df.n kstilsi volve the p°artartaaeca of work other tin"IL•
-strxctlon Lad llod rhaaaartle,EY..Wlea
VAlers to Instruction,orpalao®roomarre or sagcb pwrarm cad pae}scta are bmaitb
other apogtsorad actlynl®s and othtr la.gtu< garT}ogg--riouIacte and comaaralty Artxvita Ian,
tiawl activities;as dali In tt,as-meeuaL: geatwa.However,when any of them Letiritlea
a IneIrutllim— axe the sc tebW aged age uswlerlahea by ties-in.tlkrtioa witboot
Treitrixg�Acsaeiogs or an#natitretiaa.1.luvopa axaldo support.they nay be:!anew''-as
Aa-ceaearrb tralalos. as rrovld.d is a"'.. other lxailtat/naal3ct}sitiw.
Ovation b,whl:e login)MItidaa all tq%aKb iuF nod.. d.Q.ha wiafnYlrgnaf Ar r"bes trwi all sm..
training:m%lvitiea,whether tbey are offered ilviries at an Iaetitatiaa evewpt fir iestavrc•
for credits toward a degree rr certificate or tion, dopartowntai resioiaveli orilaalsecl to.
01 cr a man- ew far.a"whether they arts sesi and other ap oubotM aetlo}t}os,-u dA-
OtteBTd-tlroggilh ragxl4 uadamla dvttirt• 1111 ix 11 s etdoie:lidtrget(F&A)eat ac-
aenta or rapaysts dlrieiaas,sxob as L-Berta- t4s4;1iaa Idatntllgorl in this Aliponaux We.
ea<mxool dl+l.bn or aw ax%'-I.0 division. Pao N,tdant.ifk*alinn and mastsiarocat of ln-
Also considered part of th)a m.o. r ranatioL ddrgoci(FAA)Costs;uA err,ai d aclv'#cea
are il.perrtxreatwi rtseareh, grad. white Ignflitiet tisv lii is 12fMA t' 11'towslallre.1
agra.il io,oalvaralry research. Service faculties of this Part.
(I)S"lored fmctvvciais and Irani rMagas BlamiAge of edger€nAQtattcaal-Aattv16lN
stsclfk Ia.tructlsaal or Iraisiag activity agi Include operation Li reeiili halls,dialer
tabliahed by grai centrci,or goicipomiling laus,hwpit.lA and eiiakx-A6adext xniona.
agreernat. Pm BswMtas of the oust gi Intercollegiate athlada,bookstores,liouley
0rAw. this activity my be enceidered-a loosing,student apartnai goal boliaat,
kogi Agaccloa oven tlsnyb-aa iastltutioa'a nba)aalA,t.bgwt.rs„pgblte Iraa"orrn,si
64
Attachment-J
OHS-OIG AUDIT ISSUES and ACKNOWEDGEMENT
Tice 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/Recipient5 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.
B. Direct Administrative Costs.
9. Failure to-meet the requirement to obtain and maintain insurance;
Key Points that must be fotlowed 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 Ahat 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 w&i 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."
l acknowledge-that I have received a copy of,and have been briefed on,the above DHS OIG Audit Issues.
loproe County 03/05/2018
Sub-Recipient Agency Date
Signature
Tine r., it clor Bud a t&Fi ance
Printed Name&Title
66
Attachment K
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is
requested. Balance of payments will be made on a reimbursement
basis. These funds are needed to pay pending obligations for
eligible work. We would not be able to operate the program without
this advance.
If you are requesting an advance, complete the following chart and line item justification below.
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for first Three Months
(list applicable line items) of Agreement
Example:P111h#00001(0) Contract Work$1,500,000.00(provide detailed justification).
TOTAL EXPENSES
LINE ITEM JU§TIFI+CATION (For each line item, provide a detailed justification explaining the need
for the,cashadvance, 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
terra-must be-returned to the Division Cashier,2555 Shumard-6ak Boulevard,Tallahassee, Florida 32399,
within thirty(30)days of receipt, along with any-interest earned on the advance),