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03/21/2019 Agreement GJ.S...CouRt4'11 "tJPz ° Kevin Madok, CPA 01,}o••/``1. .= Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: April 15, 2019 TO: Tammy Sweeting Interim Executive Administrator FROM: Pamela G. Hanc f l P.C. SUBJECT: March 21" BOCC Meeting Attached is an electronic copy of the following item for your handling. D9 Contract with Seatech of the Florida Keys Inc. for the Monroe County Sheriffs Office Headquarters Building Irma Damage Repairs Project in the amount of$349,980.00. Should you have any questions, please feel free to contact me at(305) 292-3550. cc: B. Erickson/A. Mytnik County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT made as of March 21, 2019. BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 And the Contractor: Seatech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key, FL 33043 For the following Project: MCSO SHERIFF'S ADMINISTRATION BUILDING DRYWALL AND FINISH REPAIRS Scope of the Work Contractor will be required to provide all labor and materials necessary to reinstall drywall and insulation in all walls and ceilings where it has been removed. Contractor is required to apply new drywall and insulation in all areas where it was removed for mold remediation. In all cases,finishes are to match adjacent existing surfaces. All drywall and insulation work shall include all taping, sanding, mud, screws, trim, and paint to make a complete code compliant surface that matches the existing.Anywhere there are existing lights, switches, plumbing fixtures and outlets,these will be remounted in the new wall surface, and all backing reinstalled where removed. The following is a detailed scope of work for each location in the building. All measurements shall be verified in the field. a. First Floor i. Flooring finishes and wall bases located in the hallway, elevator lobby and restrooms are to be removed along with the corresponding mastic/mortar. ii. All exposed concrete substrate shall be prepared in a manner that complies with the specifications required to install the identified HTC Superfloor Polish System. 1. Standard single color from an approved manufacturer iii. All walls that have had drywall removed as a result of previous work or that was damaged as a result of the removal of wall base mastic/mortar removal shall be refinished in a good and workmanlike manner. Contractor will be responsible for replacing any damaged hat channels or other ledger board system that may have been damaged or removed. iv. Contractor will be responsible for resetting existing wall mounted outlet boxes as well as floor box faceplates. Floor drains will be finished with grates that are flush with grade. v. All walls with a drywall finish will be painted. MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 2. Approved color in a matte finish vi. A Roppe (or equivalent) rubber base will be installed throughout the facility with proper detailing at corners. Contractor to provide a base solution for floor/wall transition in restrooms. 3. Approved color from standard color palette vii. Contractor to furnish and install casework for both lowers and uppers in the area identified as: "Lunch/Break Room 1132" with (corresponding sink and plumbing) and "Records Work Area". 4. Approved laminate finish from standard color palette viii. Contractor will be responsible for protecting partitions in restroom as they are to be reused. ix. Contractor to replace all acoustical ceiling tile. b. Second Floor i. Flooring finishes and wall bases located in the hallway, elevator lobby and restrooms are to be removed along with the corresponding mastic/mortar. ii. All exposed concrete substrate shall be prepared in a manner that complies with the specifications required to install the identified HTC Superfloor Polish System. 5. Standard single color from an approved manufacturer iii. All walls that have had drywall removed as a result of previous work or that was damaged as a result of the removal of wall base mastic/mortar removal shall be refinished in a good and workmanlike manner. Contractor will be responsible for replacing any damaged hat channels or other ledger board system that may have been damaged or removed. iv. Contractor to provide a proposed solution to integrate new flooring system with the store front glass wall at"Secure Lobby 2100" v. Contractor will be responsible for resetting existing wall mounted outlet boxes as well as floor box face plates. Floor drains will be finished with grates that are flush with grade. vi. All walls with a drywall finish will be painted. 6. Approved color in a matte finish vii. A Roppe (or equivalent) rubber base will be installed throughout the facility with proper detailing at corners. Contractor to provide a base solution for floor/wall transition in restrooms. 7. Approved color from standard color palette viii. Contractor to furnish and install casework for both lowers and uppers in the area identified as "SEC. Area 2153" 8. Approved laminate finish from standard color palette ix. Contractor will be responsible for protecting partitions in restroom as they are to be reused. x. Contractor to replace all acoustical ceiling tile. Contractor shall adhere to manufacturer's specification sheet and Section 33543 Polished Concrete Finish for installation guidance. AGREEMENT Page 2 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions including the General Conditions provided in the Request for Proposals(RFP)), Documents, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. • ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. AGREEMENT Page 3 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Forty Nine Thousand Nine Hundred Eighty and 00/100 Dollars($349,980.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: ADD Alternate#1: (Price shall be in addition to base bid shall the alternate be approved) All work in the elevator lobby, hallways and bathrooms of the first and second floors. Seventy Five Thousand Two Hundred Fifty Five and 00/100 Dollars (Total Base Proposal-words) $75,255.00 (Total Base Proposal—numbers) 4.3 Unit prices, if any, are as follows: none. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents.The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: AGREEMENT Page 4 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty(20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien AGREEMENT Page 5 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500,Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. AGREEMENT Page 6 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor or Contractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this agreement or for a period of three (3)years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The.County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. AGREEMENT Page 7 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes.or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC§§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, AGREEMENT Page 8 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,color,sex, religion, national origin,ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,11C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation,gender identity,or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other AGREEMENT Page 9 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. AGREEMENT Page 10 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. AGREEMENT Page 11 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provide d in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Right to Audit AGREEMENT Page 12 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Availability of Records.The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- 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 AGREEMENT Page 13 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), 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. AGREEMENT Page 14 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. FDEM Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts.The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition,the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: AGREEMENT Page 15 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS For Contractor: Robin Szmansky Seatech of the Florida Keys Inc. 131 Palomino Horse Trail Big Pine Key Fl 33043 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). 7.8.2 Not used. 7.8.3 Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7.8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.8.5 Clean Air Act(42 U.S.C. 7401-7671q.),Water Pollution Control Act(33 U.S.C. 1251-1387) as amended. Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 AGREEMENT Page 16 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 7.8.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 7.8.7 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 7.8.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about- this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq-program. Other Federal Requirements (as applicable): 7.8.9 Americans with Disabilities Act of 1990, as amended, (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.8.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The COUNTY and its CONTRACTOR AGREEMENT Page 17 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3.. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. 7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.12. Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 7.8.13 Access to Records. The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the AGREEMENT Page 18 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 7.9 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management(Division) and attached hereto as Exhibit"B". 7.10 The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 7.11 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extend allow and required by law. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however,the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the AGREEMENT Page 19 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 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. 8.2 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: None b) Project Manual: None c) Documents: H and C INFUSION Acetone Dye Stain Spec Sheet Section 33543 Polished Concrete Finishing 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None AGREEMENT Page 20 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 9.1.4 The Addenda, if any, are as follows: Number Date Page 1 February 22, 2019 8 This Agreement is entered into as of the day and year first written above and is executed in at least one(1)original copies a copy of which is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT Page 21 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA - REPAIRS < e on by the Contractor must be by a person with authority to bind the entity. , ' 'to), RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. i BOARD OF COUNTY COMMISSIONERS _� � '-vin Madok Clerk OF MONRO 4 OUNTY FLORIDA ss liI _dr .. cl.ello �3t •b..�a,,:N, f By: / Deputy Clerk Mayor/Chairman Date` ZI "/9 (SEAL) CONTRACTOR'S Witnesses Attest: CONTRACTOR: Seatech of the Florida Keys Inc Contractor must provide two witnesses signatures Signature: C'i( .- Signature: ..„ 1._ . y/CCA-."->: 2i,o }.o-e, &)-,c Print Name: xio,. LcC ( IP Print Name: / Mtn ij 4 Si)ee ,/ Title: V i e-c/� aa•,.c� r Title: &xcce. �t.e, (�1.�,cz-faALI Date: gf 29/i°/ Date: &/fi, //9 and o 3 =,. — �--� MONROE COON ^' Signature: APPR'vED A �C OR�d2 t Print Name: +c �v+ S .vc 'J- Q 11 low p,� . d Vi T T Ac1ti •ems r Title: /'o .�� 5 'H' S R�B:�,ir�.l0 „ o S ASSI TANT UN1-ATTORNLY Date: 3/'7/(Cr Date: ; '— 01 STATE OF FLORIDA, COUNTY OF HOJe.o e. On this 7.n �� day of 1914Rcl? , 20.0_, before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for MONROE COUNTY SHERIFF'S HEADQUARTERS BUILDING IRMA REPAIRS for the purposes therein contained. // ._ n _ 'ff'' Notary Public ta. / %1L hJ /N"7Q __�' / =over' Notary Public State of Florida Print Name (a KK L , Si)ee ,fl y Tammy L Sweating y of My Commission GG 124623 ?�ociR Expires 07/16/2021. My commission expires: 7//le/2 o Z I Seal f End of Section 00500 AGREEMENT Page 22 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS EXHIBIT "A" DEPARTMENT OF LABOR WAGE DETERMINATION EXHIBIT "A" Page 23 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS General Decision Number: FL180063 07/06/2018 FL63 Superseded General Decision Number: FL20170063 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order(EO) 13658, an hourly minimum wage of$10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.35 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018.The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 02/23/2018 3 03/16/2018 4 07/06/2018 ELEC0349-003 03/05/2018 Rates Fringes ELECTRICIAN $ 33.11 12.31 ENGl0487-004 07/01/2013 OPERATOR: Crane All Cranes Over 15 Ton EXHIBIT "A" Page 24 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 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 PA1N0365-004 07/01/2017 PAINTER: Brush Only $ 20.21 10.08 *SFFLO821-001 07/01/2018 SPRINKLER FITTER(Fire Sprinklers) $ 28.38 18.89 SH EE0032-003 12/01/2013 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 $ 9.94 0.00 LABORER: Common or General $ 8.62 0.00 LABORER: Pipelayer $ 10.45 0.00 OPERATOR: Backhoe/Excavator $ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 9.58 0.00 OPERATOR: Pump $ 11.00 0.00 PAINTER: Roller and Spray $ 11.21 0.00 PLUMBER $ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and EXHIBIT "A" Page 25 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Single Ply $ 14.33 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15 WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EOis available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which 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. EXHIBIT"A" Page 26 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA)governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014.SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate.OH indicates the state.The next number,0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour.Division letter setting forth a position on a wage determination matter EXHIBIT"A" Page 27 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS * 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 theinterested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT"A" Page 28 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS.BUILDING IRMA REPAIRS EXHIBIT "B" MONROE COUNTY FDEM AGREEMENT EXHIBIT "B" Page 29 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS APPENI)IX C -Gran tsiSubgranls DIVISION Ofir EMEII.GENCV MANAGEMENT Grant/Grant and Aid Snbgrant Routing Shinct OEM ettnuact.ilvant NuntEtr.ZON2 risi Projt hl.mos-,nntors4. O&M: F9L Fe-VtIC: 815.44 Dion Approval: aTigit at. rijiifivcuse ,nty 1DR-9337 Itrccist.L. Ukase lAsios-., (51111:1111}_l(3/11;1/21si -- Arrnaanr: 2,858,535.P,4 firiX•of Ag,rwrgoi _ go I _ I 11,-T:}s 0 ectr 1.figi •• • finance;___ke(1.6(nfilercil 116,,;,(:)41,z,r7/• /Ay t- rAo,inv-I - qs 1./ b.ite 747_f/lit' 14 -' iniL Rtslcw-Finince: Ads Rcocioral alto Ro•iiiac--.1 Moir 2.11,m1 Slovak-lc- .....ZCIA,11i1 Kt% i e.g.& Dale Receit 13:111-_:ii-c;inco41 1•agar Nignroure: Distriloinian: 1 - DOekittit'litaeall II. IfltI Agunno,eM -CifilaU viIh Originnl Agroeinent -[-kcal Vgior.‘ 11t Copy of Ago:alng lic;131 9 - ,• g',j1.1 a 1. -• CJI i•r-iir:n I rdge OPIJ U I 77 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS _ SUBGRANTEE AND CONTRACTUAL AGREEMENT INFORMATION SHEET SECTION 1-GENERAL CONTRACT/GRANT INFORMATION • CONTRACT 1F:_4,tAQ02_ AWARD AMOUNT:$2,856.535.94 DIVISIONDEM. BUREAU: Recovery PROGRAM:OR-4337(F(Lrfaral Funds) SUBGRANTEEICONTRACTOR NAME: MonroQ Bounty SUBGRANTEE)GONTRACTOR ADDRESS: 1100 Simonton SL,Ste.2-213,Key West,FL 33049 WARRANT REMITTANCE ADDRESS) Same as above SURGRANTEEICONTRACTOR CONTACT PERSON TITLE: L,lavFa rtle..Finer/4e 8 Shared Services Manger PHONE: 305,292.4462 FAX: E-MAIL' d.010ar i9010:lasrraAtnanraer unty-11-qov DEM CONTRACT MANAGER 1 1_4'bes BEGINNING DATE: (9/10117) ENDING DATE- A140041611 FEDERA1.EMPLOYER IDENTIFICATION/SOCIAL SECURITY NUMBER: 58-6Q00749 OR SAMAS FUND IDENTIFICATION NUMBER (STATE AGENCIES ONLY•29 DIGITS) MINORITY VENDOR CODE: (It Applia9bre,Choose am 1W-B1sdc,I-Hispaoh..J-Asra4,K-Netwe American,dd-Woman) SECTION 2-SUBGRANT RECIPIENTOATARASE INFORMATION ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY- COUNTY COUNTY AWARD AMOUNT COyNTY MATCH AMOUNT Monaoe $2.35$,535,94 STATEWIDE ALLOCATION SECTION 3•St1BGRANT1CONTRACT FINANCIAL INFQs�ty1ATIQv GRANT REPORTING REQUIREMENTS:OR (Grant Awards Only)(MO-MM o lNy,QR-Quarterly,NA) ORGANIZATION LEVEL: ,80040.00OO CFDA#: 97.036 CSFA#: C-010 DEM GRANT# 4 3"7F FUND 1 2-750€01-105150 EO Z2 3 73).a.535+J4 [, r5 DEM GRANT# 4337E FUND 2 2.239047-10515O EO Z3 S , OEM GRANT* FUND 3 EO S IF THIS IS A MODIFICATEON: MODIFICATION#: EFFECT OF MODIFICATION: AMOUNT OF INCREASE/DECREASE IN AWARD AMOUNT:_ SECTION 4-FINANCE AND ACCOUNTING USE ONLY(TO be completed by Finance and Accaunling) FID# SAMAS CONTRACT#.: INPUT BY' DATE: CArIIDI I D rage 31 or vu MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS- RECIPIENTISUBRECIPIENT VS.VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor's website(htlp:llwww myfiarida.corremyaerida!governrnentfgovernoriniliativasrfsaaAindex.htmt), If a Florida Single Audit Act State Project Determination Checklist has not been previously completed.please compete it now. (Applies only to State agencies) This checklist must he used by State ages es to evaluate the applicability of the Florida Single Audit Act(FSAA)to non- state organizations'after a state program has been determined(using the Florida Single Audit Act State Project Determination Checklist)to provide state financial assistance(i,e.is a Stale Project as defined in 215.97(2)(r),F.S.). This checklist assists in determining if the non-state organization is a vendor,recipientlsubrecipient,or an exempt organization. i A non-state organization is defined as a nonprofit organization,for-profit organization(including sole proprietors),or Florida focal government(ezciuding district school boards,charter schools and community cot'egos).which receives State resources. Recipients and suhrecipients of state financial assistance must also use this checklist to evaluate the applicability of the FSAA to non-state organizations to which.they provide State resources to assist in carrying out a State Project Norte of Non-state Organization;Monroe r:aaenty Type of Non-state Organization: r nrat C;rwt+rmmont (ire_nonprofit,for-profit local government;If the non-state organization is a local government,please indicate the type of local government—municipality.county commission,constitutional officer,water management district.etc.) Awarding Agencyarileisioneafineetgendyldianageirnent Title a;State Project Fe rtr+.rnt Puhlir AeaManee r1R-41:17 Catalog of Slate Financial Assistance(CSFA)Number. ContractJGrantlAgreement Number 7Nrifi PART A 1,ES NO 8 1. Is.the non•slate organization a district school board,charter school,community college, governmentlpublic university outside of Florida et a Federal agency? X 2. Is the relationship with the non-state organization only to procure commodities(as defined In 287.012(5)F.S.)? 3. Does,the relationship with the non-state organization consist of only Federal resources,Slate matching resources for Federal Programs or boat matching resources for Federal Programs? X 4. Does the relationship with the non-state organization consist of only State maintenance of effort (MOE)? resources that meet all of the following criteria? X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? B. Do contracts contain sufficient language to identify the Slate MOE resources and the associated Federal Program? X C. Do A-133 audit requirements apply to the State MOE resources and do cctracts stipulate that the State MOE resources should be tested in an A-133 audit in accordance with Federal Program requirements? MOE refers to the Federal maintenance of effort![evel of effort requirements as defined by OMB Circular A-133 Compliance Requirement G(Matching,Level of Effort,Earmarking), If any of 1-4 above is yes,the recipient/vendor relationship determination does not need to be completed because the FSAA is not applicable to the non-state organization, Revised January 01.2002 Form Number.FSAA Ct2 iAniDi i D rage sc or,U MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS PART B Recipient/Vendor Relationship Determination, • The foilaw:ring should be analyzed for each relationship with a non-state organization where it has been determined that the state prograni provides state financial assistance(i,e,is a State Project)and the non-state organization is not exempt based on the questions above. This relationship may be evidenced by.but not limited to,a contract,agreement,or application. YES NO • 1, Does State law or legislative proviso create the non-stale organization to carry out this State Project? i T _ 2. is the non-state organization required to provide matching resources not related to a Federal Program'? 3 Is the non-state organization required to meet or comply with specified Stale Project requirements in order to receive Stale resources? (State Project requirements include laws,rules,or guidelines specific to the State Projea such as eligibility guidelines,specified types of jobs to be created,donation of specified assets,eta Specified Stale Project requirements do not include procurement standards, general guidelines,or general lawsrrutes,) 4. Is the non-state organization required to make Slate Project decisions,Which the State agency would otherwise make? {e.g.determine eligibility,provide case management.etc.) 5. is me non-state organization's performance measured against whether State Project objectives are met? (e.g.number of,jobs to be created.number of patients to be seen,number of disadvantaged citizens to be transported,etc. Performance measures may or may not be related to State performance-based budgeting.) If any of the above is yes.There Is a rociplentUsubracipiont relationship and the non-state organization is subject to the FSAA_ Otherwise the non-state organization is a vendor and is not subject to the FSAA. PART C Based 011 your analysis of the responses above and discussions with appropriate agency personnel.slate your Conclusion regarding the non-state.organization; (Chock one) ReeipienttSubreciplent X Vendor; Exempt Organization: Comments: Print Name:d lII Pnr1"p4 Telephone Number:.At5-4e1n Tetio: G[ant Mann Signature: Date: 3' ' - 2ot Note it is the program personnel's responsibility to notify Finance and Accounting of which non-state organizations have been determined to bar recipients and are receiving state financial assistance(i.e,disbursements must ba coded as 7500 object code in FLAIR). Note it is possible to have a cautractuai agreement vNie a non-Stale organization under Chapter 287,Florida Statutes.and stjg consider the non-state organization a recipient under the Florida Singie Audit Act. If a recipienttsubrecipient relationship exists the standard contract audit language,inducting Exhibit 1,must be included in the document that established the States.recipierit's.or svbrecipienrs relationship with the nun-state organization. Questions regarding the evaluation of a non-state organization orif it has been determined that the non-state organization is a recipient and a CSFA number has not been assigned,contact your FSAA State agency liaison or the Executive Office of the Governor,Office of Poky and Budget,Budget Management Policy Unit at(850)487-3832 or Suncom 277-3332. Reference may be made to Rule 27D-1,FAC. Revised January 01,2002 Form Numler.FSAA_CL2 cnnror i D rage ss or y� MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Cataract Number; Zco2 FEDERALLY-FUNOEO BUBAWARO AND GRANT AGREEMENT 2 C.E.R.§200.92 Statssthat a'sirarirsnf may by provided though any form of legal agre.amoni.theuding an agroament that the pase.through entity considers a contract,° As defined by 2 C.F.R.52G0.74,•pass.lhrough orrtty means"a nomFedctrat entity that provides al aubaward to a Sub°R4.ipie+it to carry out part of a Federat program.' Aa dcftra_d by 2 C.F.R.§200.S3.°Sub.Rcteipiont'moans'a non-Faders:entity that receives a au award front a pass-through entity to carry out pat_of a Federal program." As defined by 2 C.F.R,§2O13a,-Festered award"maims'Federal financial assistance that a r n.Federal entity recei►res d!re Uy from a Federal pwardirg agency or indirethly from a pass-through entity.' As darted by 2 C.F.R.5ZQ4:92."suba card'means award pro ded by a ana$ihrcwgh entity 10 a Scb- Reoplent for the•Sub-Radplent to carry rut part of a Federal award reOeived by the pass-through entity." Tre following infor.na ice pounded pursuant to 2 C.F.R,§200,3U1(a1{1): Sub-Reciplent'sname' Monroe Cosittty Sub.Rociprnt'e PA ID'FIPS Number; Ofs?44.7 Sub-Recdpent'sunique entityidantifier. D2177 0e Federal Award idanIi1 :ion Number(FAINt.: 4337ORFLWk3a)ppt Federal Award Date; 9130,2017 Subeward Peytod of Performance Suitt and End taala, ily4011-OSrltlr2019 Amount of Federal Funds Qbliga;ed by this Agreerr:nat. . ` rz _ Tonal Amount of Federal Funds Obligated to the Sub-Recipient by the ara3a It:rou+gh entity to 1ne'utfo Ors Agreement ;esi 535,94 Tot*Amount of the Federal Award cornnuted to the Su Reccaptent by the pass-through entity: 32.65a 535.94 Federal award pro est doscriptlon(sea FFATA) C^ant°0 L4e$r Cz••nrrm na Por d2hri�rranuv I era +>ti+t�. • grolect'rve measures an j pnir ar peoiaoernent of aster sanded .ashler Name cal Federal awarding agency ggatmof J-1cmotattif 41fiIV(DH$'( F�derai rflc+r`,Cm fdanxamiLit • Avencv(FEMAJ Name of pass-through srlity:. olefins ct.si:,cif er r,cv MliaagPiIant(FOEAd) CnnlDI t D rage s4 or 7y MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Conr3e information for Me pass•lhtagh entity: ZO§Slerritim Oak Blvd Tatla�aa� ? Ft aZW.1-Z100 Catalog of Federal Dcrnestia Aas;.ian•cc(CFDA)N irnber aixt Name: 9L 6 public Axci'i E Wla haf Me award is Research&Devetaprnenl NIA 1:•,4iiscct cast rale for Me Federal inward: See by 44 V F R ], TS':D](d1 C/\f-l1Ol t CIrage 37 UI v� MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 3 THIS AGREEMENT is entered into by the State of Florida,Division of Emergency Management. with headquarters in Tallahassee.Florida(hereinafter referred to as the"Oivi&ion"),and Monroe County, (hereinafter referred to as the'Sub-Recipient"). For the purposes of this Agreement,the Division serves es the pass-through entity for a Federal award.and the Sub-Recipient.serves as the recipient of a si:baward. THIS AGREEMENT IS ENTERED INTO t3ASED 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,end the Vision has the authority to subgrant these funds to the Sub-Recipient uman the tears and.condilions outlined below;and, C. The Division has statutory authority to disburse the funds under this Agreement: THEREFORE,the Division and the Sub-Recpient agree to the following: (1) APPLICATION OF STATE LAW TO THFS,AGREE:MENT 2 G.F.R.§200.3D2 provides:°Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the states own funds,' Therefore,section 215.971.Florida Statutes,entitled°Agreements funded with federal or stale assistance'.applies to this Agreement (2) LALVSAIrRtJl!°5,REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement ls.su ject to 2 C.F.R,Part 200,entitled°Uniform Administrative Requirements,Cost Principres..and Audit Requirements for Fedora; 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, • in. A provision dividing tho.agreement into quantifiable units of deliverables that must he received and accepted In writing by the Division before payment. Each deliverable must be directly relater)to the scope of work and specify the required minimuranlevel of service to be performed and the criteria for evaliroting the su ssful completion of each detiverabto, i. A provision specifying the financial consequences that apply if the Sub- Recipient fells.fo perform the minimum revel of service required by the agreement iv, A provision specifying that the Sub-Recipient may expend funds'only for allowable costs resulting from obligations in.Curred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. Gnnioi i 0 rage 30 vi MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS '1 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms one.conditions of the agreement must be refunded to the i3ivision. c. In addition to the foregoing.the Sub-Reo..:tyiertt and the Division shall be governed by all applicable Stale end Federal vs.rules and requletiens- Any express reference En this Agiernerit to a particular statute,rule,or regulation in no way Implies that no other sta'uie.rule,or regnlalion applies. (31 CONTACT a. In accordance with section 215.971(2k,Florida Statutes,the Division's Grant Manager shall bo responsltsle for enforcing performance of this Agreement's terms and conditions and Shan serve as the Division's liaison with the Sub-Recipient As part of ttis?ier duties,the Grant Manager for the Divisicva shalt: L Monitor and document Sub,Reclpient performance:and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b, The Division's Grant Manager for this Agreement it: Lilitila Forbes 2555 Shumard Oak Blvd.Ste.380 Tallahassee,FL 32399-2400 Telephone: 85D-815-4419 6marl:Lilil4a.ForbesiMent.myllo.-tda.com c. The name and address of the Representative of the Sctb•t ecipiern responsible for the administration of this Agreement is: Laura del_oach-Hartle 1100 Simonton Si..Sic.2.213 Key West,FL 33040,3110 Telephone:305-292-4482 Email:deloachhanfe-faura@rrtonroecct nty-tl.goir d, to the event that different representatives or addresses are designated by either party after execution of this Agreement,notice of the name;Title and address of the now representative wio be provided to the other party in writing via letter or electronic email.It is the Sub-Recipient's responsibility to authorize its users in the FloaidaPA.org website.Only the Authorized or Primary Agents identified on the Des nation of Aufhcrily(Agents)En Attachment D may authorize addition or tern oval of agency user$. • C/.r11D1 I O edge al ul 77 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS • (4) TER?,S AND CONDfTION§ This Agreement Corntains all the terms and conditions agreed upon by the parties. (5) EXECUTIOt. This Agreerrient may be executed to any number counterparts,any one of which rreay be taken as an original. (6) MODIFICATION Either party may request modification Of the provisions of this Agreement Changes wrf.;ch 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 Prefect to be eligIsle for reimbursement,a mo dif tkan to the agreement must be executed incorporating the Project as identified by number,budget,and scope of work.Projects not included by modification will be inelig+ibie for funding,regardless of Federal approval far the Project. (7) gpQ LOF WORK. The Sub-Recipient shall perform the work in accordance with the Budget end Prccect Lrst Attachment A and Scope of Work,Deliverables and Financial Consequences-Attecliment 8 of this Agreement. (6) PE SOD OF AGREEMENT. This Agreement shall begin upon execaatlon by both parties and shall oad.six(6)months from the date of declaration for Emergency Work(Categories A 8 B)or eighteen(18)months from the date of declaration for Permanent Work(Categories.C-G).unless terminated earlier in aecordoacc with the provisions of Paragraph(17)of this Agreement, Consistent with the definition of'period of performance"contained In 2 C,F.R,§20U.77.the term'period of agreement`refers to the lime during which the Sub-Recipient'may incur new obligations to carry cut the work authoreced under'this Agreement. In accordance tivith.2 C,F.N.§200.308,the Sub-Recipient may receive reimbursement under this Agreement only for'aV.ow able Cots incurred during the per ed of performance,' In accordance with section 215.971(1)(d),Florida Statutes,the Sub-Recipient may expend funds authorized by this Agreement'only for allowable costs resulting from obligations incurred during'the period of agreement. (9) EUNQING a This is a cost-reimbursement Agreement.subject to the availability of funds, b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with either Chapter 216.Florida Statutes.or the Florida Constitution. o. The Division will reimburse the Sub-Recipient only for allowable costs Incurred by the Sub-Rec.:iient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in AttachmentA of this Agreement('Budget and Project Ust°). The mash-m n re=aabursement amount for the entirety of this Agreement is two million,eight hundred fifty-eight thousand,rive hundred and thirty-live dollars and ninety-four cents(S22,656,535.24). Gnrnor i o rage ao ur MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 6 O. As required by 2 C.F,R,§200.415(a).any request foe payment under this Agreement must include a eertifeation,signed by an Official who is authorized to leggy y bind the Svb-Recielnan, which reads as fo51aws: 'By signing this roped.I certify 10 the best of my knowledge and belief that the report is true,cemp'.ete,and accurate,and the expenditures.disbursements and cash receipts are for the purposes and objectives sot forth in the terms and conditions of the Federal award. I am aware that any false.fictitious,or fraudulent informatipn,Or the omission of any material fact,may subect me to criminal, civil or administrative penalties for fraud,(also statements,false claims or otherwise.(U.S.Code Tile 18. Section 1001 and Title 31.Sections 3729-3730 and 38014812).' e The Division will review any request for reimbursement by comparing the dacumeetatfon provided by the Sub-Recipient In FloridePA.org agaatsi a performance messtire,Outlined in Attachment B.Scope of Work, Deliverables,and Financial Consequences,that clearly delineates: I- The required minimum acceptable level of service to be performed;and, iI. The criteria for evaluating the successful completion of each de,sverable, f, Tee performance measure regirred by section 215.971(1)(b),Florida Statutes. remains consistent with the requirement for e'performance gear,which is defined in 2 C.F.R.§200.78 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 En 2 C,F,R. §200.301,that the Division and the Sub-Reciplent'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 CCo pensaticrs—personal services')end 2 C.F.R.§200.431 (-Compensation--fringe benelt:•). If authorized by the Federal Awarding Agency,and if the Sub-Recipient seeks reimbursement far overtime expenses fcr periods when no work is performed due to vacation,holiday,Illness,failure of the employer to provide sufficient work.or other similar cause(see 29 U.S.C.§207(e)(2)),then the Division will treat the expense as a fringe benefit. 2 C.F.R.§200A31(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 trader this Agreement as tong as the benefits are reasonable and are required bylaw,Sub-Recap ent- emf loyee agreement,or an established policy of the Sub-Recipient_ 2 C.F.R.§200.A31(b)provides that the cost of fringe benefits In the form of regular compensation paid to employees during periods of authorized absences from the job,such as for annual leave;family-related leave,sick leave,holidays, court leave,military leave,administrative leave.and other similar benefits,are allowable If all of the fa owing criteria are met: I, They are provided under established written leave policies: li. The costs are equitably allocated to all related activities,including Federal awards:and, • CnfllDl t D rage 5,or yy MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 7 • ue. The accounting basis(cash or accrual)selected for costing each type of Heave is consistently followed by the non-Federal entity or specified grouping of emproyeos. h. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for travel expenses In accordance with 2 G.F.R.§20r7.474. As required by the Reference Guide for State Expenditures,reimbursement for travel must be ie accordance with section 112.061, Florida Statutes,which ine odes submission of the claim on the approved state travel voucher_ If the Sub. Recipient seeks reimburserent for travel casts that exceed the amounts stated In se-ction 112.061(6)(b), Florida Statutes($6 for breakfast,511 for lunch,and 519 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. a. Participation of the Individual En the travel is raecossary to the Federal eevard. 1. The Division's giant manager,as required by section 21 S_971(2)(c),Florida Statutes. shall reconcile and verify se funds received against all funs expended during the grant agreement period and produce a final reconcirralion report. The final report must Identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. p, As defined by 2 C.F.R,§200.53.the term'imetoper payment'means or includes: 1, Any payment that should not have been made or that was made in an Incorrect amount(including overpayments and underpayments)under statutory,contractual, administrative,or outer legally applicable requirements;end, E. My payment to an ineligible party,any payment for an ineligible good or service,any duplicate payment,any payment far a good or service not received(except for such payments where authorized by law);any payment that does not account for creditfor applicable discounts,and any payment where insufficient or tack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECCROS a. As required by 2 C.F.R.§200.336,the Federal awarding agency,Inspectors General, the Comptroller General of the United Stales,and the Division,or any of their authorized representatives, Shall enjoy the right of access to any documents,papers.or other records of the Sub-Recipient which are pertinent to the Federal award,in order to make audits;examinations,excerpts.and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of Interview and discussion related to such documents. Finally,the right of access is net limited to the required retention period but lasts as long as the records are retained. O. As required by 2 C,.F,R.§200.331(a)(6),the Division,the Chief Inspector General of the State of Florida,the Florida Auditor General.or any of their authorized represer.talives,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. tAtilUl I ..ts.. Page 49 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 8 The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements(Chapter 119,Florida Statutes)and by 2 C.F.R.§200.333-the Sub-Recipient shall retain sufficient records to shoo its compliance with the terms of this Agreement as well as the compliance of ati subcontractors or consultants paid from funds under this Agreement,for a period of 4 1+(5)_years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5)year requiremenk i. If any litigation,claim,or audit is started before the expiration of the 5-year period,then the records must be retained until all litigation.claims,or audit findings involving the records have been resolved and fina!action taken. lit When the Division or the Sub-Recipient is noti.ied to writing by the Federal avearding agency,cognizant agency for audit,oversight agency for audit,cogniZare agency for indirect costs,or pass-through entity to extend the retention period, Records for real property and equipment acquired with Federal funds must be retained fcr 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 oppticabre to the Sub-Recipient. v, Records for program income transactions after the period of performance. in some cases recipients retest report program income actor 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 nan-Federal entity's fiscal year in whxh the program income is earned. vi, indirect cost rate proposals and cost alfocatsons plans This paragraph applies to the foirowing typ es of documents and Cher supporting records: indirect cost rate computations or proposals,ecat allocation plans,and any ssnilar accounting computations of tine rate at which a parlrou!ar group of costs is chargeable(such as computer usage chargeback rates or composite fringe benefit rates). d in accordance with 2 C.F,R.§200.334,the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that The records possess long-term retention value. e, In accordance with 2 C.F,R.§200.335,the Division must always provide or accept paper versions of Agreement information to and from.the Sub-Recipient upon request. If paper copies are submitted,then the Division mast not require mare than an original and two copies, When original records are electronic and cannot be altered,there is no need to create arid retain paper copies. 4'Ihen 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. • 1_I\I II1-I1 I 1-01 056.Ti VI JJ MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 9 f As required by 2 C.F.R.§200.303,the Sub-Recipient shall lake reasonable measures to safeguard protected personally identifiable Information and other ihformetion the Federal awarding agency or the Divielon designates as sensitive o:the Sub-Recipient considers sensitive consistent with applicable Federal.stale,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 p ooeettrrags and mandates three, basic requirements:(t)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 reveled. The mere receipt of public,funds by a private entity,standee;alone,is insufficient to bring that entity within the ambit or the open government requirements. However,the Government In the SUnshine LawapplFee to private entities that provide services to g,overnmeteel agencies and that act on behalf of those agencies in the agencies'performance of then public duties, If a public agency delegates the performance of its public eurpeed to a private entity,then,to the extent that privole entity is perfecting that public purpose,the Government in Ihe Sunshine Law applies. For example.if a volunteer farce department provides'firefighting services to a governmental entity and was 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 Lew applies to the Seib-Recipient based upon the funds provided under this Agreement,the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These.meetings shall be publicly noticed,open to the public;and the minutes of all the meetings shall be public records,available tothe pubes in accordance with Chapter 119.Florida Statutes h, Poridai s Public Records Law provides a right of access to the records of the state and fecal-governments as wall as to private entities acting on their behalf. Unless specific.elly exempted from disclosure by the Legislature;all materials made or received by a oovernrentat agency(or a private entity acting on behalf of such an agency)in conjunction With official business which are used to perpetuate,communicate,or formaize.knoWiedge qualify as public records subject to public inepactton_ 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 duly become public records. Thus,the nature and scope of the services prav;ded by aprivate entity determine whether that entity is acting on behead a publicagency and is theroforesubject bible requirements of Florida's Public Records Law, I, The Sub-Recipient shall maintain ail 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 foam sufficient to determine compliance with the requirements tAtilUl I is Page 4Z of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 10 and obfat*ives of the Budget and Project List—Attachment A,Scope of Work—Attachment B.and all other applicable laws.and regulations. (11)Rq@j+S a: The Sub-Recipient shall comply with the audit requirements condones in.2 C.F.R. Part 200.Subpart F. b. In accounting for he receipt and expenditure of funds under this-Agreement,the Sub-Recipient shall follow Generally Accepted Accounting Principles raw.), As defined by 2 C.F.R. §200.49,GAAP'has the meaning specified in accounting slandards issued by the Government Accounting Standards Board(GASS)and the Financial Accounting Standards Board(FASB).° c. When conducting an audit of the Sub-Recipient's performance trader this Agreement, the Division shall use Generally Accepted Government Auditing Standards(°GALAS'). As defined by 2 C.F.R.§:200.50.GAGAS.'also knave as the Yellow'Book.means:generatly accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits.' d. If an audit showy that all or any portion of the funds disbursed wore not spent in accordance with the conditions of this Agreement,the Sub-Recipient shag be held liable for reimbursement to the Division of all funds not spent in accordance with these appl-xable regulations and Agreement provisions.within thirty days after the Division has rtolilied.the Sub-Reeip ant of such non. compliance, e. The Sub•Recipient shall have all audits completed by an independent auditor,which Is defined in section 215.97(2)(h),Florida Statutes,as'an Independent certified public accountant licensed under chapter 473.= The Independent auditor shad state that the eudit.comp4ed with the applicable provisions noted above. The audit must be received by the Division no tater than mine months from the end of the Sub-Recipient's fiscal year. 1, The Sub-Recipient shell send copies of reporting packages for audits conducted in accordance with 2 C.F.R.Pert 200,by or on behalf of the Sub-Recipient,to the Division at the following address: DEMSrrsgle_Audit@em.myf lorido.r.orna Ode Office of the fnspoctor General 2555 Shunrard Oak Boulevard Tallahassee,Florida 32395.210) g. The Sub•Reeipient shall send the Single Audit repwrtirtg package and Fearm SF-SAG to the Federal Audit Clearinghouse by aubmissic a online at: httph'harvester.census.govtfae,'tollectfdd'eindbx.html h. The Sub-Recipient shall send any management letter Issued by the auditor to the Division at the following address: �nrrror r o rage ur 77 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 13 OEMSitigle Audit emenyflorIa.com Diet Office of the respecter General 2555 Shumard Oak Boulevard Taltehassee,Florida 3,2399-2100 (12J SPORTS a. Consistent with 2 C.F.R.§20,328,the Sub-Recipient shall provide the Division vrih Quarterly reports and a close-out repot. These reports shall include tiro 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 fends under this Agreement,in addition to any other information requested by the Division. h. Quarterly reports are dye to the Division na later than 34 days after the end of oath quarter of em 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(GO)clays after termination of this Agreement or sixty (601 days after completion of the activities contained in this Agreement,Whichever first occurs: d_ Mae required everts and copies are riot sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may.lake other.action as.stated in Paragraph(16)REMEDIES, Acceptable to the Diviner!"means that the work product was completed in accordartcc with the Budget and Project List- Attaehrnent A,and Scope of Work—Attachment B. a The Sub-Recipient shall provide additional program updates or information that may be required by the Division. t The Sub-Recipient shell provide addikonat reports and information identified in Attachment G—Public Assistance Program Guidance, (13)MONITORtNee a, me Sub-Recipient shall monitor its performance under this Agreement.as w,we€I as that of its subcontrar.ors and/or coesutienis 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 ether performance guars are being achieved. A review shall be done for each function or activity In Attachment B to thisAgreement,and reported in the gtritrteriy report. b. In addition to reviews of audits,monitoring procedures may include,but not be limited to,an-site visits by Division staff,limited scope audits,and/or other procedures, The SSuteRecipient agrees to comply and cooperate with arty monitoring proCeduresrprocesses deemed appropriate by the Division. In the event that the-Division determines that a limited scope audit of the Sub-Recipient is appropriate,the Sub-Recipient agrees to comply with any additional tnstruoiicns provided by the Division tAI-IItiI I ' U- Page 44 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS f2 to the Serb-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 addation,the Division will monitor the performance and fmanclal management by the Sub-Recipient throughout the contrael term to ensure timely completion of all tasks. (14)LIASILITY a- Unless Sub-Recipient Is a State agency or subdivision,as defined in section 768,28(2),Frorido Statutes,the Sub-Recipient Is solely responsible to parties it deals with In carrying out the terms of this Agreement;as authorized by section 7&8,26(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 at is not en emp oyee or agent of the Division,but as en independent contractor. b. As required by scollop 788,28(19),Florida Statutes,any Sub-Recipient which Is a state agency or Subdivision,as defined in section 7668,28(2),Florida Statutes,agrees to be fully responsible for its neg:.gent or tartiens 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, Notion herein is intended to serve as a waiver of sovereign immunity by any Sub-Reti'p!ent to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or Subdivision of the Stale of Florida to be sued by third parties in any matter arising out of any contract, (15)I IEFAULT. If any of the following events occur("Events of Default"),all obligations an the pail of the Division to make furlber payment of fonds shall terminate and the Division has the option to exercise any of its reined;os set forth in Paragraph(16);however,the Division may make payments or partial payments otter 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 et becomes false or rmateeding in any respect,or if the Sub- Recio!ent fails to keep or perform any of the obligations;terms or covenants in this Agreement or-any previous agreement with the Division and.has not cured them in timely fashion,or is unable or unwilling to meet ifs obligations under this Agreement b. fhatetial=adverse changes occur in the financial condition of the Sub-Recipient at any lime during the term of ltirs Agreement,and the Sub-Recipient fails to eOre this adverse change within thirty days front the datewritten 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 informatan;or, d, The Sub-Recipient has faired to perform and complete on lima any of its obligations under this Agreement_ • r=nnior 1 o rdge MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 13 (16)RE,MFr S. If an Event of Default occurs,then the Division shall,attar thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies.either concurrently or consecutively; a. Terminate this Agreement,provided that the Sub•Recipionl is given at least thirty days prior written notice of the termination. The notice shall be effective wtten.placed In the United Stales.first class mail,postage prepaid,by registered or certified mail-return receipt requested,to the address in paragraph(3)herein; b. min an appropriate legal or equitable action to enforce performance of this. Agreement. c. Wi hhekl 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. o. Exercise any corrective or remedial actio^.s,to Include but not be limited to: I, Request additional information from the Sub-Recipient la determine the • reasons for or the extent of non-compliance or tack of performance, it. Issue a written warning to advise that more scricus measures may be taken if the situation is not corrected, ilii, Advise the Sub-Recipient to suspend.discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be irelig ile; f, Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in thip Agreement or fails to insist on strict performance by the Sub-Recipient,it will not'affeici,extend or waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Div on for any other default by the Sub-Recipient (17)TE}�Mlf ATION. a. The Division may terminate tlfisAgreement for cause after thirty days written notice. Cause can include misuse of funds.fraud.lack of compliance uvth applicable rules,laws and regulations, failure to perform an time.and refusal by the Sub-Recipient to permit public access to any document, Raper,letter,or other material subject to disclosure under Chapter 119,Florida Statutes,as amended. b. The Division may terminate this Agreement for convenience o,'when it determines,in its sole discretion,that continuing the Agreement wo=uid not produce beneficial results in lino with the further expenditure of funds,by providing the Sub-Recipient with thirty(30)calendar days prior written notice. I_RI711il I __I.. Page 4b of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS f4 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, Tho Sub-Recipient will cancer as many outstanding obtfgateons 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 nary.to the extent authorized by raw.withheld 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)PROCURFNENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement coinpEes with all applicable federal and state Jaws and regulations,to include 2 C.F.R, §y§200.318 through 200,325 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 necessanly limited to the following; rationale for the method of procurorvtent,selection of contract type.contractor selection or rejection.and the basis.for the contract price.' c. As required by 2 C.F.R.§2110.318()),the Sub-Recipient.shall'maintain ovefs aht 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.lhis requirement,the Sub- Recipient shall document,in its quarterly report to the Division,the progress of any and all subcontractors • performing work under this Agreement d. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200,320{a)or procurements by small purchase procedures pursuant to 2 C.F.R.5200,320(b).if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to the Division a copy of any solicitation(whether competitive or non-competitive)at least fifteen (15)days prior to the publication or communication of the solicitation; The Division shall review the solicitation and provide comments,if any,to the Sub-Recipient within threw(3)business days. Consistent with 2 C.F.R..§200 324,the Division witi review the solicitation for compliance with the procurement Standards outlined in 2 C.F.R_§§200.318 through 20.325 as well as Appendix II to 2 C_F.R.Part 20i), Consistent with 2 C,F,R.§200.318(k),the Division will not substitute its judgment for that of the Sub- Recipient, While the Sub-Recipient does not need the approval of the Division In order to publish a com0e titivo 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 sotloitation, Regardless of the Div iron's review,the Sub-Reciprent remains r=nnror r corage tip, ur vv MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 15 bound by all applicable laws,regulations,and agreement terms. If during its review the Division identify any deficencies,then the Division shaN communicate those deficiencies to the Sub-Recipient as quickly as passible within the three(3)business day window outlined above. If the Sub-Recipient pub"ashes a competitive soliolation after receiving comments from the Division that the solicitation is deficient,then the❑ivieion 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, .§§200.318 through 200.328 as well as Appendix 1110 2 C.F.R.Part 200, Consistent with 2 C.F.R.§200.318(k),the Division vial not substitute its judgment far that of the Sub-Redpient_ While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract,leis review may allow the�ion to identify deficiencies in the terms and conditions of the subcontract as wet]as deficiencies in the procurement process that led to the subcontract The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review,the Sub-Recipient remains bound by all applicable laws.regulations. and agreement terms. If during its review the Division identifies any deficiencies•then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three(3)business day window outlined above_ If the Sub-Recipient executes a subcontract after receiving a cantmunlcation .Item the Division that the subcontract is noi.compfant,then the Division may i. Terminate this Agreement in accoreance with the provisions outlined in paragraph(17)above;.and, ii Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement(ii)the subcontractoris bound by all applicable state and federal laws and regulations,and(ire)the subcontractor shall hold the Division and Sub-Recipient harmless against eft claims of whatever nature arising out of the subcontractors performance of work under this Agreement,to the extent allowed and required by law, t7',tiltil I -IS' Page 48 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 16 g, A,required by 2 C,F,R.§206.318(c)(1),the Sub-Recipient shall'maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection.aware and administration of contracts,' h. As required by2 C_F.R_.§200,3s9(e).the Sub-Recipient shall conduct any procurement under this agreement'In a n nner providing full and open competition,' Accordingly,the Seca-Recipient shall not: i. Place unreasonable requirements on firms in order for thorn to qualify to do business • ti. Require unnecessary experience or excessive bonding; iii. Use noneompetiti,. pricing practices between firms or between offs ated companies; Iv, Execute noncompetitive contracts to consultants that are on retainer contracts; v_ Autherlxe,condone.or Ignore organixutioeaal conflicts of Interest; ui_ Specify only a brand name product without'eitowing venders to offer an equivalent vii. Specify a brand name product instead of describing the performance, specifications,or other relevant requirements that pertain to the commodity or service solicited by me procurement: vili. Engage in any arbitraryaction during the_procuternent process;or, tat. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting-the specifications,requirements,statement of-work,invitation toted,or request for proposals, i. '(E)xcept in those caseswhere applicable Federal statutes expressly mandate or encourage otherwise,the Sub-Recipient,as required by 2 C,F.R,§200.319(b),shaft not use a geograpttic preference when procuring cexnrrrodities or services under this Agreement I. The Sub-Recipient shall conduct any procurement Involving invitations to bid(i.e. seated bids)inaccordarme with 2 C.F.R.6206.320(c)as well as section 2137.057(1)(a),Florida Statutes. k. The SuteReci.cient shall conduct any procurement involving requests for propoear . (l•e,Compett;ive proposals)in accordance-with 2 C,F,R.§2CO.326(d)as well as section 287.0S7(1)(b}, Fiarida Stalutas, I. For each subcontract,the Sub-Recipient shall provide a written statement tothe Division as to whether that•subccntractor is a minority business enterprise,as defined in Section 268.763. Florida Statutes_ Additionally.the Sub-Recipient shall comply with the requirements of 2 C.F.R.§206.321 ('Contracting with small and minority businesses,wornen`s business enterprises,and la or surplus area firms'}, (19,3ATTACt-lM N1'S • �nnrorr o rage s=ur » MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 17 a All enactments to this Agreement ere incorporated as if set out fully, b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments.the language of the attachments shaft control,but only to the extent of the confticl or inconsistency, c, This Agreement has the fallowing attachments: i. Exhibit 1 .Funding Sources Ii. Attachment A—Budget and Project List Attachment B—Scope of Work,Deliverables,and Financial Consequences iv. Attachment C—Codification Regarding Debarment v. Attachment D—Designation of Authority vi_ Attachment E—Statement of Assurances vii. Attachment F—Election to Participate In PA Alternative Procedures WARP) viii, Attachment G—Public Assistance Program Guidance ix. Attachment I l—FFATA Repoaling x. Attachment I—Mandatory Contract Provisions ic. Attachment J—D14S OIC Audit Issues and Acknowledgement xii.. Attachment K—Justifrcatlon of Arrvahce,Payment (2O)Pk_YmoffS a. Any advance payment under this Agreement is subject to 2 C.F.R_§20Di05 anti,as applicable,section 215,181(16),Florida Statutes. Art advances are rewired to be held in an interest- bearing account unless otherwise governed by program specific waiver_ If an advance payment is requested,the budget data on which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment K—JusGfrcation of Advance Payment.The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds,My advance funds not expended within the Past ninety(9f?)clays of the contract term must be returned to the Divis on Cashier within(30)days,along with any interest earned on lho.advance.No advance shall he accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After Ina initial advance,if any, payment shall be made on a reimbursement basis as needed. b, Invoices shall be submitted at feast quarterly and shalt include the supporting documentation for all costs of the project or services. The final invoice shaft be submitted wdhin thirty(30) days after the expiration date of the agreement or completion of.applcable Prc ee,whichever Occurs first. An explanation of any circv nstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quatte.°ty rcporling as referenced in Paragraph (12)of this Agreement_ c. lithe necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the fa deral•Offi'ce of Management and budgeting,the State Chief l Allltil I t3 Page 5u of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 18 Financial effacer or sender subparagraph(g)b,of this Agreement,all obligations on the past 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}R PAYMENTS a. All refunds or repayments due to the Division under this agreement-subject to the exhaustion of aepeafs_are due no later then thirty(30)days from notification by the Division of funds due. FEMA only allows.thirty(313).days from deobligation for the funds to be repaid before it will refer the amount to the FEMA Finance Center(FFC)for collection, b. The Strb•Reoipi+ent 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...WI notify the Sub-Recipient ova the entry of notes In rferidaPAarg 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 mated directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Ta3ahassee FL 32339-2140 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 S15-00..or 5% of the face amount of the returned check or draft,whichever is greater, (22}MANDyyTF,CL CONDITION$ a. The validity of this A-glut,went is subject to the truth and accuracy of ail the information,representations,and materiels-submitted or provided by the Sub•Recipient in this Agreement_ in any later submission or response to a Division request,or in any submission or response to fu'IIll the requirements of this Agreement All of said information,representation,:,ergs 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 rls obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of F'iorida,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 applitab•a statute or ruse,or Is unenforceable,then the provision shalt be null and void to the extent of the conflict,and shall be sat'erebre,butshatl not invell.date arty other provision of this Agreement, c, My pourer of appravat or disapproval granted to the Division under the terms of this Agreement stall survive the term of thisAgreement_ tAt11151I U Page 51of99 MONROECOUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 14 d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-335.42 U.S.C.Section 12101 1 , .),which prohibits discrimination by public and private entities on the basis of disability in employment,public accommodations.transportation.Stale and focal government services,and tole communications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminator?vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may net submit a bid on a contract wilh a public entity for the construction or repair cf 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 worn as a contractor,supplier,subcos lracior,or consultant under a contract with a pub,c entity.and may not transact business with any public entity in excess of S25,000.00 for a period Of 35 months from the dat€of bci;g placed an the convicted vender list or on the discriminate:),vendor IisL f, Any Sub-Recipient which receives funds under this Agreement from the federal government,certifies,to the best of its ltatovifedge and belief,that it and its principals: i Ate not presently debarred.suspended,proposed fer debarment,declared ineligible,or voluntarily 8ltetuded froaei covered transactions by a federal department Cr agency; ii. Have not,within a five-year period preceding this proposal been convicted of or had a civiijudgment rendered.against them for fraud or Er criminal offense in connection with obtaining, attempting to obtain.or performing a public(federal,slate or local)transaction or contract under public transaction:violation of federal or stale antitrust statutes or commission ci embezzlement,theft-forgery, bribery,falsification or destruction of records,making false statements.or receiving stoten.property: Are not presently indicted or otha.vise crimina0y or civilly charged by a • governmental entity(federal,state or local)with contra ssicst of arty offenses encr,•nerated in paragraph (22)f.ti.of this certificalron:and, iv. Have not within a five-year period preceding this Agreement had ono or more public transactions(federal state or local)terminated for cause or default. g, if the Sub-Recipient is unable to certify to arty of the staiements in this certification. then the Sub-Recipient shalt attach an explanation to this Agreement, h. in addition,the Sub-Recipient shall send to the Division by email or by facsimile transmission)the completed"Certification Regarding Debarment,Suspension, Ineligibility And Voluntary Exclusion"(Attaachment C)for the Sub-Recipient agency and each intended subcontractor which Sub-Recipient plans to fund under this Agreement_ The form must be rcOeived by the Division hofore the Sub-Recipient enters into a contract with any subcontractor. a The Division reserves the right to unilateral),cancel this Agreement if the Sub- Rec pient refuses to allow public access to all documents,papers,letters oa other material subject to the tAl 11t31 I F'age 52 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 2tt provisions of Chapter 119,Florida Statutes.which the Sub-Re4iient created or received under this Agreement. j_ If the Sub-Recipient is towed to temporarily invest any advances of funds under this Agreement,any interest income shalt either be returned to the Division Of be appiied against the DMsion's obligation to pay the contract amount unless otherwise governed by program spes,itic waiver. k. The State of Florida wit;not intentionally award publicly-funds contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained to 8 U.S.C.Section 1324a(e)(Section 274A(e)of the Immigration and Nationality Act (*INK)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A{o}of the fhtA. 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_ t. All unmanufac ured and manufactured articles.motorists and supplies which are acquired for pub}cc use under this Agreement must have been produced in the United Slates as required under 41 U.S.C.10a,unless it would not be in the public interest or unreasonable In cost. (23}LoaBYINC PFi2HIBtTIONI a. 2 C.F.R.§2CO,450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347,Florida Statutes.prohibits'any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of fui.ds for the purpose of lobbying the Legislature,the fudiciaf branch,or a state agency.` c. No funds or other resources reco ved from the Division under this Agreement may be used directly or indirectly to influence legislation or any other officiat action by the Florida Legislature or any state agency. d.. The Sub-Recipient certifies,toy Its Signature to this Agreement that to the best of hit, or her knon edge and belief: L. No Federal appropriated funds have been paid or will be pad,by or on be, if of trio Sub-Recipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congresss,art officer cr employee of Congress,or an employee Of a Member of Congress in connection with the awarding of any Federal contract,the making of any Feperai grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment or modification bf any Federal contract,grant,loan or cooperative agreement. Ft. If any funds other than Federal appropriated funds have been paid cr will be paid to any parson for influencing or attempting to inttuence an officer or employee of any agency,a Member of Congress,an officer or emptoyee of Cress,or an employee of a Member of Congress in nrrtol I o rage»uI MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 21 connection with this Federal contract,grant,loan or cooperative agreement the Sub-Recipient shall complete and submit Standard Form-tit."Disclosure of Lobbying Activities."In accordance with its instructions. iii, The Sub-Rccipiecil shalt require that this.cerlifIcalion be included in the award documents for all subowards at all tiers(inrhrding subcontracts,subgrants,and contracts under grants.loans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose accordingly, iv- This certifcatiorc is a material representation of foot upon which reliance was ptaccd when this transaction was made or entered into, Submission of this cerailication is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code, Any person who fails to tilt the required certification shall be Subject tea civil penalty of not Less than 510,030 and not more than 5100,000 for each such faiiirr'e. (24)COPYRIGHT.P TErdT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright,the Sun-Recipient shell retain all rights and entitlements to that pre-existing patent or copyright unless,the Agreement provides otherwise. b. If any discovery or Invention is developed in the course of or as a result of work or soryiccs performed under this Agreement,or in anyway connected with it,Itte 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 nanta. Any patent rights accruing udder or in connection wvih the performance of this Agreement are reserved to the State of Florida. If any books,manuals,feats,or other copyrightabte material are produced,the Sub-Recipient sham notify the Division, Any copyrights accruing under or in connection with the performance under this Agreetawent are transferred by the Sub•Recipfeent to the Stale of Florida. c_ Within thirty(30)day of execution of this Agreement-the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she Platys or • should know could give rise to apalent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing Intellectual property which is disclosed, Failure to disclose will Indic to that no such property exists, The Division shall then,wander Paragraph(24)b.,have the right to all patents and copyrights which accrue during performance of the Agreement ri. If the Sub-Recipient gcaliftos as a Sty university under Florida law,then,pursuant to sed ion 1004.23,Florida Statutes,any invention conceived exclusively by the employees of the Sub- tAr-ilul I __t.. Nage 54 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 22 Recipient shall become the sole,property of the Sub-Rotiplant In the case of toint inventions,that is inventions made jointly by one or more employees of bosh parties hereto,eaato party shall have an equal. undivided interest in and to such joint inventions. The Division-shall retain a perpetual,Irrevocable.fully- paid,nonexetus,"ve license,for its use and the use of its contractors of any resulting patented,copyrighted or trademarked Work products,deve%oped solely by the Sub-Recipient.under this Agreement,for Florida government purposes, f26)LEGAL AIJThORIZATION. The Sub-Recipient cedillas that it has the legal authority to receive the funds under thls Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undetaigtied person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement (22)FQigt.OPPORTUNITY eMPLOYMENT a to accordance vrth 41 C,F,R.§60-1,94`,h),the Sub-Recipient hereby agrees that it will it..corparate 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 91 CFR Chapter 60,wh:ch is pakf for in whole or in pail with funds obtained from We Federal Government or borrowed on the crecf4 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 claw: During the Performance of.this contras,the contractor agrees as follows: i. The.conlrattor will not discririiinate against any employee or applicant far employment because of race,color,religlee..sex,or national origin. The contractor wl take affirmative lion to ensure that applicants are employed,and that employees are treated during empicyrrtent without regard to their race,color,religion.sex,or national origin. Such action shall include,but not be limited to the following: ing_ employment,upgrading.demotion,or transfer,recruitment or recruitment aci+rertisirg;-layoff or termination;rates of pay cc other Corers of compensation;and selection Per training,including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment notices to be provided setting forth the provisteas of this nondiscrimination clause. li.. The contractor wie,in all solicitations or advertisements far employees pl d 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. Tho 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 tabor 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 t=nnioi i corage»ui MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 23 iv. The contractor will comply with all provisions of Executive Order 11246 of September 24,1D35,and of the runes,regulations,and relevant orders of the Secretary of Labor. v. The contractor will furnish tall information and reports required by Executive Order 1124E of September 24,136S,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 contractors noneompliance wilt►the nondiiscriminai on clauses of this contract or with any of the said rules, regulations,or orders,Otis contract may be cance'.ed,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted coeslruelion contracts in accordance with procedures authorized in Stec-Wive Order 11246 of September 24,1665.and such other sanctions may be imposed and remedies invoked as provided in Executive Order 112413 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 244-of Executive Order 11246 of September 24,196S,so that such provisions wiV 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 Cr vendor as a result of such direction by the administering agency the contractor may request the United Stales to enter Into such lligatiaon to protect the interests of the United States. b. The Sub-Recipient further agrees that II will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided,that If the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency,Instrumentality ar alladivision of such government which does not participate in work on or under the contract. c, The Sub-Recipient agrees.that r2 will assist and cooperate actively with the administering agency and the Secretary of Labor In obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations,and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Leber such informtiatien 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 far securing compliance. txl-Ittil I ti Page 5b of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 24 d. The SutteRedipient further aareesTat it will refrain from untiring into any contract or contract modilicalicn subject to Executive Order 11248 of September 24,1985,with a contractor debarred.from,or vase has net demonstrated olig:'bility for,Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctkans and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administer-mg agency ear the Secretary of Labor pursuant to Part II,Subpart D of the Executive order. In odddie ,the Sub-Recipient agrees that if it fails or refuses to comply We these undertakings,the administering agency may take any or ell of the foloving 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 w,vl*:ich the failure or refund occurred until satisfactory assurance of future oomplance has been received from such Sub•Recipient;and refer thethe,dtee to the Department of Jrsstice for appropriate legal proceedings, (27)CUPELAND ANTI$rc.cBACK ACT The Sub•Recipient hereby agrees that,untess exempt under Federal law,It wirl ecorporate or cause to be'incorporated into any contract for construction work,or modification thereof, the following Cta;ese: i. Contractor. The contactor shall comply with 1a.U.S.C.§874, 40 U.S.C,§5145,and the requirements of 29 C.F.R.pt 3 as may be applicable,which are incorporated by reference into this contract, It. Subcontracts, The contractor or subcontractor shall Insert in arty Subcontracts the clause above and.svch other clauses as the FEMA may by appropriate Instructions require,and also a clause requiring the subcontractors tainclude these otauses.in any lower tier subcontracts. The prime contractor shall be responsetle for the compliance by any subcontractor or lower tier subcontractor with WI of these contract clatrses. lie. Breach_ A breach of the contract clauses above may be grounds •for termination of the centrart,and for debarment as a contractor and subcentra.„tor as provided in 29 C.F,R.§5.12 (28)Ct? TRACT WORK HOU-$AND SAFETY STANDARDS • if the Sub-Reeip ont,with the funds authorized by this Agreement enters into a contract [hot exceeds 5100.000 and involves the employment of mechanics or laborers,then any such contract must include a provislort far compliance with 40 U.S.C_3702 and 3704,as supplemented by Department of Labor re ulatichss(29 CFR Part 5). Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a Standard work week of forty(40) hours, Work in excess of the standard work week is permitsIble provided that the worker is.compensated at a rale 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 appti;abte to construction work and.prowde 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 meter r o rdge 31 ul o� MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 25 purchases of supplies or matoria%or articles ordinarily available en the open market,or contracts for transportation. (29)CLEAN AIR ACT AND TI-IEFFJ)ERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient,wth the funds authorized by this Agreement,enters into a Contract that exceeds 5150,000,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.7401-7671g) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1337),and wi:l report violations to FEMA and the Regional Office of the Environmental Protoclian Agency(EPA), (30)SUS PENSION AND DEBARMENT Per 2 C.F.R.200,2133 Suspension and debarment,non-Federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12E,99,2 C.F.R.part 180.Those regulations restrict awards,subawords,and contracts with certain parties that are debarred,suspended,or otherwise excluded from or ineligible for participation in Federal assistance programs or a.tivties. If the Sub•Rcciplant,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,Ft. pt. 180 and 2 C.F.R.pt.3000, As such the contractor is required to verify that none of the contractor,its principals(defined at C.F.R.§ f B0.9rs5),or its affiliates(defined at.2 C.F.R.§180.905)are excluded (defined al C,P.R.§180.940)or disqualified(defined at 2 C.F.R.§ 180.935). n, The contractor must comply with 2 C.F.R.pt. 180,subpart C and 2 C.F,R.pt 300O3 subpart C and must include a re.uirernent to comply with these regulations in any:owor tier covered transaction ii enters into, iii. This certification is a material representation of fact retied upon by the Division, If it is later determined that the contractor did riot comply with 2 C.F.R.pt. 180,subpart C and 2 C,F.R.pi 300,strbpart C,in addition to remedies available to the Division.the Federal Government may pursue available remedies,including but riot limited to suspension an:.ror 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.p1 3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer_ The bidder or proposer further agrees to include a provision requiring such compliance in its tower tier covered transaction.;. (31)5YRO ANTI-LOSSYING AMENDMENT If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract. then any such contract must include.Inc ioliowing clause: Byrd Ant6L,cw*bying Amendment,31 U.S.C.§1352(as amended). Contractors who apply or bid for an award of$100,000 or more shod file • tXl-Iltil I ti Page 58 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 26 the required certification_ Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any perste or organization for influonci tg or attempting to influence an officer or employee of any agency,-a member of Congress,officer or employee of Congress,er 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. Bach tier shell also disctciso any lobbying with not- Federat funds that takes place in connection with obtaining any Federal award,Such disclosures are forwarded from tier to tier up to the recipient. {32j,C„ }MTRACT91 G WITH SMALL AND MINORITY BUSINESSES,WOjy4EN'S BUSINESS ENTERPRISES.AND LABORSURPLUS AREA FIRMS a If the Sub-Recipient,with the funds authorized by this Agreement.seeks to procure goods or services,then,in accordance wbh 2 C,F.R.§200.321,the Sub-Recipient shalt take the felrawirtg affirmative steps to assure that minority businesses.womea's business enterprises,and tabor surplus area firms are used whenewer possraer i_ Placing qualified small and minority businesses and women's business enterprises on solicitation lisps; Assuring that small and minority businesses,and women's business. enterprises are solicited whenever they are potential sources; iii. Dividing fetal requirements,v,Meg egonoinicelly feasible,into.smaller tasks or quantities to permit maximum participation by small and minority businesses,and wornen's business enterprises: iv. Establishing delivery schedules wr, g the requirement rietmiits,which encourage participation by small and minority businesses,and womenfs buslness'enterprises; v. Using the services and assistance,as aperopri r.,of such organizations as the Small Business Administration and the hf:norily Business Development Agency of the Department of Commerce;and ui. Requiring the prime contractor,of subcontracts€re to be let,to take the affirmative.steps listed In paragraphs i,through v,of(his subparagraph. b. The requirement outlined in subparagraph a.above,sometimes referred to as. 'seciaeccrtamic contracting,'does.int impose an obligation to sat aside either the solicitation or award of a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out i u errtthe six affiurrtatcvesteps Identified above.. C The'sccioeconomic contracting'requirement outlines the affirmative steps that the Sub•Reciplent must lake;the requirements do not preclude the Sub-Recipent 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 Cnnroir 0 rage»ur » MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 27 Smaller components In order to circumvent the rniOro-purchase or gmoR purchase Ihres?,oft1s so as to utilize streamila d acquisihAn procedures(e.g.-project splitling'j, ($3)ASSUF1 A LACES The SuG-Recipient shall comply wiLli any$ta.toment cf Assurances incorporated nM AftoChrnent E. txtillil I ti Page bU of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 2.N IN WITNESS WHE1 OF,the pas s hereto have executed this Ac ree ent. SUE3•R CIPIENT:M013 OE COUNTY Frti Name and title, Octu L rI Il t c . N7 a .,✓ DEFirrr'CLERK Date: Ma,—cG1-1 t,?n 6'` FETE#59-6000749 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT pt SY� r 'NN me Ttta:Wesley Maul,Director O.rte: "T- -I MONROE COUNTY ATrORrw.EY r1 i APFRO,yEDASTdFrilM r CB$RLSTL'E LIM8E U.13 MRROWS ASSISTANT COUNIY TTORNV DATE :M"3(1-, r LnnIDI I 0 rage 01 UI 77 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 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:97,038 Amount of Federal Funding: $2.8-55.535.94 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R,Paa1 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards • 44 C.F.R.Part 20S • The Robert T.Stafford Disaster Ret:'ef and Emergency Assistance Act,Pub€c Law 93-258,as amended.42 U_S,C.5121 et seq.,and Related Authorities • FEMA PubticAsssistance Program and Policy Gukfe.2017(in effect for incidents declared on or after April 1.2017} Federal Program: 1. Sub-Recipient is to use funding to perform aEgible activities in accordance with the Public Assistance Program and Policy Guide,2017 and approved Project Worksheet{sy.Eligible work is classified Into the following categories: Emergency Work Category A-Debris Removal Category B:Emergency Protectiive Measures Permanent Work Category C:Roads and Bridges • Category D:Water Control Facilities Category E:Public Buildings and Contents Category F:Public Utilities Category G:Parks.Recreational,and other Facilities 2. Sub=Recipient is subject to all administrative and financial requirements as set forth In Ibis Agreement,or will be In violation of the terms of the Agreement, NOTE Section 200.331(e)(l)oft CPR,as revisod;and Sectbn 21a97(5).1a1,FtcMla.Steterles,requires that the information et r Federal Programa and Slate Projects includrid on pg, 1 of this subgrarnl agreement nod to 1=xtrii5it 1 be prrMded to the s«b•Recrptrurt • txt-licit l is Page bz of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 30 Attachment A Budget and Project t-tst 8udoet: The Budget of this Agreement it;inttiakiy determined by the amount or any Project liVorksheelts)(PAN)that the Federal Emergency Management Meant (FEMA)has obligated fora Sub•Reeipicnt at the time of execution- Subsequent PArs Cr revi9ic s thereof...At increase or decrease the Budget of this Agreement. The Wills)that Crave been obligated am; f R-4337 Sub-Recipient MONROE COUNTY PW Gat 'Project Titie Estimated i Fed Federal State Lccat Tote'Funding fit Total f % Share Share Share MO) 8 i ForceArxou»t n667,643.65 1C0% S2667,6;3.85 0 0 $ ,a5i,Ef165 I.otaOr 6ezt 30 1!ays } 35,r0) 8 Ph-e•Rostuo $406.46525 ieOv' S405,465.29 Q 0 $IX-r- 6.23 Sopp.iiis 44(0) 3 Turrvarmy - 860.9,0.50 i00% j$60.540.50 0 a $£0:049_50 S mi., ry PactN es R nra+s for 100 48(0t f 8 Tempar y S23,507.50 300 S23,507 0 B • a 32 507.50 fia/1w R- _1__ I - I I I� f �� OR-a33i Total iI 52,858,535-94 C/'r1I01 r 0 rage 03 ui 77 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS • 31 Attachment B SCOPE OF WORK.DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work Complete eligible Protects for emergency protective measures,debris removal,repair or rep"acement 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 PINS, For the purpose of this ADroemont,each Project will be monitored,completod and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables; Large Projects Reimbursement requests will be subei lied separately for each Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Prcect..Any request for reimbursement shall provide adequate,welt organized and complete source documentation to support all costs related to the Project,and shall be'clearty 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 mch quarter). • Timely submission of invoices(Requests for Reimbursement)at feast quarterly and supported by documentation for all costs of the project or services, The final invoice shall be submitted within sixty(60)days alter the expiration of the agreement or completion of the project,whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shaft be submitted to the Division Grant Manager as part of the Sub•Recipionl's quarterly reporting as referenced In Paragraph 7 of this agreement_ • Timmy submission of Request for Final Inspection(within ninety(9e))days of project completion— for each project). • Sub-Recipient shall include a swam Affidavit Or American Institute of Architects{AIA)forms G702 and G703,as required below, o A.Affidavit.The Recipient is required to submit art Altidavit signed by the Recipient's project personnel with each reimbursement request attesting to the following:the percentage of completion of the work that the reimbursement request represents,that disbursements or payments wore made in accordance with all of the Agreement and reg Watery conditions.and that reimbursement is due and has not been previously requested, e B.AIR Farms G702 and G703,For construction projects where an architectural, engineering or construction management firm provides construction administration services,the Recipient shall provide a copy of the American institute of Architects(ALA) form G702,Application and Certification for Payment,or a comparable form approved by the Division,signed by the contractor and inspectionfcertifying architect or engineer,and a copy'of foray G703,Continuation Sheet,or a comparable form approved by the Division. tA11Ibl I tS I'age b4 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Five percent(5%)of line total et:gibte amount(Including Federal,state and local shares)will be withheld from payment until the final Request for Reimbursement(or backup for advance expenditure)has been verified e3 acceptable by the Division's grant manages;which must include dated certification that the Project is WO%complete. Further,all required documentation must be available in FloridaPA.org prior to release of final 5%,to inch de peanits,policies&procedures,procurement and insurance documents_ Small Projects Small projects w ilf be paid upon obligation of the Project Worksheet. Sub-.Recipient must Initiate the Small Project Closeout in FtoridePA erg within 30 days of completion of the project work,or no later than the period of performance laud data. Small Project Ctes•eout is initialed by logging Into FloridaPA.org, selecting the Sub-Recipient's account then selecting'Create New Request',and sokclingg'Now Small • Project Cump'etioniCtoseout'. Cernp?ete the form and'Sava. The final action Es to Advaror..e the form to the next queue for review. Financial Consequences: For any Project(PUN)that the Sub-Recipient faits to complete in compfiancc with Federal,slate and local requirements,the Division shalt wilhhotd a portion of the funding up to the full amount. Any fonds advanced to the Sub-Recipient will be due bacc to the Division. r=nnioi r o rage 03 ur » MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 33 • Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (t) The prospective 9uOcontrrctor of the Saab-recipient, 4(ortror C Ai nw ,certifies,by submission of this dooureent,that neither it nor its principals is presently debarred,suspended.Oreposed ice debarment,deciarcd inabglble,or vduntenty excluded from partisipalion in this transaclion by any Federal department or agony, (21 Where the Sub-recpient's subcontractor is una®te to certify to the above statement,the prospective contract s`dall attach an explanation to this fern, CONTRACTOR Monroe County 8y. C Monroe County Sig attire Sub-Re7ipient's Name David Rice Mayer Z0002 Name and Title DEM Contract Number 1100 Simonton Street Street Address FEMA Project Number Key IVe.;t,r-tori dit 33040 City,State,Tip March t9,2018 Date • CAI-III31 I --b Page bb of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 34 Attachment D DESIGNATION OF AUTHORITY The Doti'lgnalion of Authority Form is submitted with each new disaster or emergency declaration to provide the authority foe the Sub-Recipient's PrimaryAgent and Alternate Agent to access the F3orldaPA.org system In order to enter rotes,review notes and documents,and submit the documentation necessary to work the new event The Designation of Authorey Form is originally submitted as Attachment'©'to the PA Funding Agreement for each disaster or emergency declaration_Subsequently,the Primary or Alternate contact should review the agency contacts at.least.quarterty. 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 resignation form is submitted,all Agency Representatives currently listed as contacts that are not inciudedon the updated form will be deleted from FleridaPA.erg as the contacts listed are replaced in the system,not supplemented.All users must_log inert a monthly basis 10 keep their accounts from becoming locket. Instructions for Completion Complete the form In its entirety,(Ming the nacre ara1 Information for a l representatives who:trill be working In the FforidaPA_org Grant Management System. Users veer be notified via email when they have been granted access.The user must log In to the FloridaPA.org system within 12 hours of bung notified or their account will lock them out.Each user must log in within a SO-day time period or their account will lock them out,In the event you try to fog in and your account is locked,submit a ticket using the Access Request fink 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 an behalf of your organizaticzn. (Only one Authorized Agent is allowed and this person wet have full accesslautharily 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 repcnysfrequesls In FloridaPA.org.The Primary Agent Is usually not lao Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities, (Only one Primary Agent is allowed anti this contact will have furl access). Stock 3:'Alternate;Agent'—This is the person designated by your organization to be avaaitable when the Primary iS not,(Only one.Alternate Agent is alloeed and this contact will have full access), Block 4,5,and 6:'Other(Flnance:/Point of Contact, Risk.htana�'eiement4nsurance, and Environmental-- Historic), Providing these contacts-fs essential in the coordination and communication required between state and local subject matter experts,We understand that the same agent may be identified in multiple blocks,however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7—12:'Other (Read Only Access)—There is no limit on'Other contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the Information. This designation is only for situatioeal awareness purposes as Individuals with the'Other Read.Only designation Cannot take any action In Flo4daPA.org_ r=nrnoc I leirage or ui • MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 3 5 pisic;i;ATI ON OF.%tri./401{311 (A(IlErti TS) JIANTFEV15131,Ec Assmia.kr:CE CR.M FLORIDA 1)1VISI()k.cw riNiERGENCY M. ENT ,Sullr-Grn nice: so. 1 Amiltor(ped Aqtfil.(Full Aczesi)_ J Box 2: Printn ry Agn tiI Acccm) 4 ironis.,urc, Positicin NE.pling Nlbilift2 fLt2lC-4, nly„Surr,ilp S.itr.Z:r4 iUytmir'1ck7K-rc Ur, —F,Pgii I Akli.imi4 i-1.•;n1.4 AdOict Alicrtil(e 11.1.1t.91 0..11 Ace ) Box 4: Other-FinanceTuini irCntnst ff oil Access) Iiigtitturc 1:atamti - dAreuilIi;p.C;LiTct.,s S-7.0c,Zip Rtrane Pm,Tclul.iicci E•Pwl [tin Othor-Risk Nitint-Icrvurattri: u II litx 6:Ofter-Erwironmcrilfil-llistoric ' t I Agc.10:Sti";cT.• Slitcat.,er Sivuun, CrEinctiv.c.n Pertfutui tez AdOnN, %lading City,Sine_Zip C.:iy..:54,1q.1)7 Liz)time it:zrtYk. 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RIv.]}dl4•.mod) nts\NU t"1"L'nr cz N,c.I(},`i4 C/tF 1I17I I C rage 07 UI 77 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 37 Attachment E STATEMENT OF ASSURANCES 1} The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies. guidelines,and requirements,including hut not limited to OMB Circulars No.A-21,A-87,A-f 10,A- 122,and A-128;E.Q.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 trse of Federal funds for this Federally-assisted project 2) Additionally, to the extent the fallowing previsions apply to this Agreement, the Sub•Reciplent 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,met en,or similar action has been duty 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 asslistance is requested is eligible in actordonce with the criteria contained in 44 C,F,R.§206,and applicable FEMA policy documents, c. Thu emergency or disaster relief work therein described for which Federal Assistance Is requested hereunder does not,or vaiui 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 prefects-Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for me purpose cons-tutted.and if not it will request a waiver from the Governor to cover the cost. h. Refrain front entering into a construction contract(s)for the project or undertake other activities unlit the conditions of the grant programs)have been met,all contracts meet Federal,State,and meal regulations: c, Provide and maintain competent and adequate architectural engineering supervisiion and inspection at the eonstructioe site to ensure that the completed work conforms to the approved plans and specifications,and will furnish progress reports and such other Information as the Federal grantor agency may need, d. Cause work on the prefect to be commenced within a reasonable time alter receipt of notification from the approving Federal agency that fund have been approved and will see that work on the project will be done to completion with reasonable diligence. e, Not dispose of or encumber its titre or ether 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 Grentee Recipient all lands. easements and rights•of way necessary for aixornplishment of the approved wok and will also Mold and save the Untied States and the GranteeiRecipienl free!rein damages due to the approved work or Federal funding: g,. Establish safeguards to prohibit employees frrxaa using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for , . , .., ..b. ,...,, ea ,. MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 3s themselves or others,particularly those with whom they have family,business,or other ties, h, Assist the Federal grantor agency In Cs compliance with Section t'D8 of the National Historic Preservation Act of 1906 as amended. Executive Order 11§93, and the Archeological and Historical Preservation Act of 1958 by: f. consulting witty the State Historic Preservation Offer en the conduct of investigations, as necessary, to identity properties listed in or eligible for Inclusion in the National Register of Historic Pieces that are subject to adverse effects(see 35 C.F.R, Part&00.5)by the activity.and notifying the Federal grantor agency of the existence of any such properties:and ai. 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 cr the Comptroller General, through any authorized representative, access to and the right to examine all records. books, pacers, cr. documents related to the grant. j. With respect to demolition activliest is create and make available documentation suffic ent to demonstrate not the Sub-Recipient and its demolit an contractor have sufficient manpower and equipment to comply with the obligations as Outlined in this Agreement; ii. return the property to its.natural slate as though no improvisments had been contained thereon; ill. 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 safely hazards presen.1, health hazards present andtor hazardous materials present; v. provide supervision over contractors or employees employed by the Sub- Recipient to remove asbestos and lead from demolished or otheraise applicable structures, vi. leave the demolished site clean,level,and free of debris; vii, notify the GraatleeiRec ipient promptly of any unu.aural 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 eacA site,and provide documentation of such closures: x, comply with mandatory standards and policies relating to energy efilciency which are contained in the Slate 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 3-US of the Clean Air Act.Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency • regwttalsons.(This clause must be added 10 any subcontracts);and xis provide documentation of public notices for demolition activities. r=nnioi i o rage IL ui 22 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA • REPAIRS 39 k. Require facilities to be designed to Comply with the'American Standard Specifications for Making Buildings and Facilities Accessible to. and Usabfc by the Physically Hent capped," Number A117.1-1061. as modified, The Sub-Recipient will be reeponsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program.tf required to maintain one,where the application Is for$500,000=9 or more, rn. Return awerpaid funds within the forty-five(45)day regtr'remere and if unable to pay v9fihin the required time period,begin working with the Grantee/Recipient in goad faith to agree upon a repayment dale. n. to the event a Federal cr Slate ootui or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds a race.color, religion,national origin,sex,or disability against a recipient of funds,farsard a copy cf the finding to the Office for Civil Rights,Office of Justice Programs. 4) The Seub•Recipient agrees it will comply with thou a, Requirortonts of all provisions of the Uniform Relocation Assistance and Real Property Aceuisitions Act of 1970 which provides for fay 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 erne certain political activities of.employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants, • c. Provisions of 18 U.S.C, §i 594, 596, and 600.505 relating to elections, relief appropriations,and employment,contributions,and solicitations, d. Minimum wage arid maximum hour's provisions of the Federal Fair tabor Standards Act e, Contract Work Hours-and Safety Standards Aet of 1962.requiring that mechanics and laborers(Including watchmen and girards)employed on Federally assisted contracts be paid wages of not less.than one and.one-half times their basic wage rates for all hours worked in excess of forty hours in a work Week. f. Federal Fair Labor Standards Act,requiring that covered employees be paid at least the minimum prescribed wage,and also that they be paid one and one-half times their basic wage rates far all hours worked in excess of the.prescr ed work-week. g. Anti-Kickback Act of 1956,wtl:cit outlaws and paascriees penalties for"kick-backs"of wages in Federally financed or assisted constr4.'ction activi:ies- h. Requirements imposed by the Federal sponsoring•agency concerning special requirements of taw,program requirements>.and other administrative requirements.It further agrees to ensure that th€r facilities under Its ownership, tease ce supervision which are utilized in the eccomplishmenl of the project are not listed cn the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify tee Federal grantor agency of the receipt of any communication from the Cirector of the EPA Office of Federal Activities indicating that afacility to be cried fit the project is under consideration for listing by the EPA, i, Flood insurance purchase requirements of SW ion 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 corarmunities.*,,a3re svcn Insurance is available,as a condition for the ree'ptof 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 }lousing and Urban Development as an area having special flood hazards,The phrase • i riii i I ei rage I ui MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS `Federal financial assistance'includes any form of loan, grant, guaranty, Insurance payment,rebate.subsidy,disaster assistan o loan or grant,or arty other farm of direct or indirect Federal.assistance. J. tilsurance 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 properly which was replace, restored,repaired,or constrvcded with this assistance. Note that FEV1A provides a mechanism to modify this Insurance requirement by filing a request for an Insurance cornrnissioner aertif Kt?ieati(ICC).The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extant of insurance reasonable to protect against future loss to an insurable fv.:r^ity. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets AAt of ism as amended, the Juvenile Justice and Delinquency Prevention Act. or the Victims of Crrrtst Act,as appropriate;the provisions of the current edition of the Office • ®f Jostlee 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•Rocipients and contractors, Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part 19,Administrative Review Procedure:Part 20,Criminal Justice Information Systems; Pert 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, NondiscriminationEEquai Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act;Part 53.Flcodptain Management -and Wetland Protection Proced.rres; and Federal laws ar regulations applicable to Federal Assistance Programs. m_ Lead-Based Paint Poison Prevention Act which prohibits the uc.e of lead based paint in construction of rehabilitation er 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 195E, 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 or the Education Amendments of 1972;the Age Discrimination Act of 1975:Department of Justice Non-Discr:rnmatian Regulations;and Department of- justice regulatices co disability discrimination. and assJrc the compliance of aft its Sub-Recipients and contractors. p. Prqufsfons of Section 311,P,L,93.288,and with the Civil Rights Act of 1964(P,L.83- 352) which, in Title V1 of the Act. provides that no person in the United Slates of America,Granteesflieciplents shalt,On the grou+td of race,color,Cr national origin,be excluded from participation in,be denied the benefits of,Or be otherwise subjected to discrimination.under any program or activity far which the Sub•Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement If any real property or structure is provided or improved with the-aid of Federal financial assistance.extended to the Sub-Recipient,this assurance shalt obl,'aate the Sub•Recip:ent cr in the case of any transfer of such property,any transferee. far the period dunrtg 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 Tette IX of the Education Amendments of 1972. as amended which prohibits disCriattthction on the basis of gender. �nrnor r o rage is of 77 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 4ai r. Comprehensive Alcohol Abuse arid A',eohal m Prevention, Treatment and Rehabilitation Act of 1978,relating to nondiscrimination an the basis of a!lcohor,abuse or alcoholism. s_ Provisions of 523 and 527 of the Public Hea:1h Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. 1. Provisions of all appropriate environmental laws,including but not limited to: L The Clean Air Act of 1955,as emended; it. The Clean Water Act of 1977,as amended; iii_ The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act cf 1971); v_ Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1989; vi_ The Wild and Scenic.,Rivers Act of 19e8,related to protecting components or potential components of the national wi"_d and scenic rivers system; vii. The Fish and Wildfire.Coordination Act of 1558; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources: ix. The provisions of the Coastal Barrier Resources Act (P,L, 97-348) dated October 19, 1982,which prohibits the expenditure of newest Federal funds within the units of the Coastat Barrier Resources System. u. The provisions of all Executive Orders including but net limited to: L Executive Order 11246 as amended by Executive Orders 11375 and 1216, 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:.of tmative action to insure fair treatment tit trtployatent, upgrading. demotion, or transfer, recruitment Of recruitment advertisung; layoff/termination, rates of pay or other forms of compensation;end election for training and apprenticeship, EO 11614(NEPA). iii. ED.11738(violating facilities). iv. EC 11588(Floedplain Management). v. EC 11990(Weilarufs►, vi. EC 12898(Environmental Justice). 5) For GranteesrRectplents other than individuals,the provisions of the DRUG-FREE WOiRKPLACE as required by the Drug-Free WorkPtace Act of 1988, r=nnioi i o rage i4 uI MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 4 This assurance is given in consideraticu of and for the purpose of obtaining Federal grants, loans, ru nbursemems, advances, contracts, properay, dscounts and/or other Federal financials assistance extended to the Sub-Recipient by FEMA. The Sub-Fec pient understands that such Federal Financial assistance will be extended in reliance on the representations and agro mcn,s made in this Assurance and that both the United Stales and the GranteefRecipient have the ioint and several right to seek udi..iat • enforcement of this assurance.This assurance is binding on the Sub-Recipient.its successors,transferees. and assignees FOR THE SUBGRANYEEISUB-RECIPCEHT Signature Ticto iin iTegoLl3tLdsaet$1iftp>CE R10Sd2018 Printed Name and Titt° bate MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 43 Attachment F Election of P rtioipetion in public Assistance Alternative Procedures(PAAPt Pilot Program Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures proVislans of the Sandy Recovery improvement Act (Division 6 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 asacl funds by the State as the Recipient, Payments prottemed under the Alternative Procedures proviskans will be requested as an advance and are exempt from advance requirements covered by Section 216.181(16},Florida Statutes.They will, however,be treated as an advance for purpose:,of Requests for Reimbursement(RFRs)and satisfaction ate requirement that ninety percent(90%)of previously odVaar•,;.ed funds must be amounted for prior to receiving a second advance, in order to elect to participate in the PAAP program for one of the following options,you must read the . Guidance found at t 1 ,..11*.y..v}vy k-rtq,govS�'a .a20-Procedures and then complete the required documents an the follorvtngpages. The doc lrnents can be found under the Permanent Work section of the v.abpage in ed'ilabte.pdf format if preferred, P4AP forCe-bris Removal(Category AI Required Documents: • Public Assitance for Alternative Procedures Pilot Program for Debris Removal Acknowledgement https•ti4rr w.f a.eoortmedia-i •rarv-deta1 i&34a t i'go5659- ht=,ffdawae3e22r14505825C3Pdb62e0fliAPPENGIX A Reviseu for 1Smdeo sl;dino scale 17 of PAAP for Permanent Work IG.atg_tL rlesC-G 130/Lua O docoesrratnts: • Fixed Subgrani Agreement Letter lit t^s +.1j'vr'•'L'.P:dis."'vimudia:lib i -dot /1? 815.67758+- 2gascartiuc6nedt:o 7ua e,t712ii7b2.ZJ a P� film ajk Pro ;durrg PtA Pr.dcrnm Ferman ant Work Fixed Subnrart ",.gs?.=rnani Le & ?d1?.12-i .of • Public Assistance Alternative Procedures Pilot Program for Permanent Work Acztnowfedgement ijlt �vt^nr.letn.�rtort�nr y-lit;f:rry-dial a1 51.55&i2544- 11P2scYailU,1b .rued b139w.fO1'-A j leetrOkr', Prr cOirrrs Pilot Pre„ram Rpm'laranl, Work Aciiraood dacrient%2O12•13.13 ii All PAAP Related Documents(guides,Fact Sheets.Standard Operating Procedures,FAOs,Archived Does,etc.)may be found at htips:i'7nri Y,ie_[ta.g!!'yf reed -llit ar arrrel o4SIrrler1s111 S8E-5 Nofe:PAW Rol Program Guide far Debris Piet-nova((Version 51 published June 28,201 7 cori Bins the fallowing changes: The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for one year to June 27,2015.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. Fordisasters dtsciared on or after August 25.2017,FEMA is limiting the usage of the pi ot's sliding scale provion to high impa"dt incidents that meet tho following.crilerea:high concentration of localized darrage; C/%1-11171 I o rdge iv 1.11 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS . 44 large quantities 41 debris(over 520M1 or 1.5 mi lion cubic yards):and disasters declared very soon after the incident(8 day_g)to incentivizo topic&debris fiirnavo This guide is applicable to disasters declared on or after June 28.2017.The changes to the sllrlir9 sca7o provision are applicable to disasters declared on or after August 28,2017.This version of the pilot guide supersedes Rio previous pilot guide for debris removal(V4)which►vas published June 28,2016. • tAI-Aril I U t'age 77 of 99 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 45 Public Assistance Alternative Procedures Pilot Program for debris Removal Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013.the Federal Emergergcy Management Agency(FEMA)is implementing alternative procedures for the Public Assistartoe(PA) Program through a pilot program. As a representative of the subrecipient,we elect to participate in the following: c Accelerated Debris Removal-increased Federal cost share(sr ding scale) x Recyc&ng Revenue(sutxecipient retention of income front debris recycling without a award offset) x One-time incentive for a FEMA-aocepted debris management ptan and identification of at least ono pre-oualified contractor x Reimbursement of slralght time force account labor costs far.debris removal 1_ The pilot is voluntary and the sub:eeipiertmust apply the selected eIentatime procedures to all of its debris removal subawards. 2. For the sliding scale,the subrecip:ent 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 eklerrsion, 3. The subrec':pient acknowledges that FEMA may request joint quantity evaluations and details regarding subreelpient operations necessary to assess the pilot program procedures. 4_ Ali contracts must comply with local,state,and Federal requirements for procurement,Including provisions Of 2 CPR Part200. 5. The subrecipient must comply with all Federal,state and local environmental and hEstoric' preseNation laws,regulations,and crdinarces. 6, The Office of Inspector General may audit ariy subrecip&ent andfor subaward, 03.(O5,2018 Signature of,Subrecipieet`s Authorized Representative Date pia Bean,Sr.Director Budget&Finance Printed Name and Title Monroe County sub-Recipient Name PA ID Number a We elect to not participate in the Alternative Procedures for Debris Removal, • • • r=nroioi i o rage 10 UI MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS . SEA met),VAGRANT AGREEMENT LETTER DATE' To Address: To F .1A, As a Public Assistance(PA)Sub-Recipient (PA ID __. 1.in accordance with Section 428 of the Robert T,Stafford Disaster ReDef and Emergency Assistance Act,we agree to accept a permanent weds subgrant based on a fixed estimate in the amount of$ for Sub raiti number (copy attached) under Disaster# ,We accept responsibility for WI coats above Ma fixed estimate. We understand that by participating in this pilot program we will be.reimbursed forellowabie costs in accordance with 44 CFR§13.22(b)®'Applicable cost principles-,the rehnbursementwilt no;exceed the fixed estimate.We aise irndeastand that by agreeing to this fixed estimate.we%vitl riot receive additional funding related to the facilities or sites included in the subgrent.We also acknowledge that failure to comply with the requirements of applicable laws and regulations governing assistance provided by FEf.1A and the PA alternative procedures pilot program guidance(such as procurerrietat and contracting; environmental and historic preservation compliance;and audit and financial axovntability)may lead to loss of Federal funding_ Signature of Sub-Recipient's Authorized Representative Date Printed Name and Title Signature of Grantee's Authorized Representative Gate Printed Name and Title r=nnioi i D rage ui v� MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 47 Public Assistance Alternative Procedures Pilot Program for Permanent Worts Acknowledgement In accordance with the Sandy Recovery Irnprov •nnnt Act of 21113,tale Federal Emergency Management Agency{FEMA)is implementing arlernative procedures tor the Public Assistance(PA)Program through a pilot program_As a representative of the Sub-Recipient,our agency understands the foltoo.vingf: 1,We plan to participate in the(°£owing elements_ ty Subgrants based on fixed estimates,and as the Sub-lRecipiont,adopt responsibility fur costs above the estimate Consolidation of multiple fixed subgrants into a single subgrant C FEMA validation of Sub-Recipient-provided estimates • I t Elimination of reduced elig cte fundkrg for alternate projects Use of excess funds Review of estimates by an export panel for projects with a Federal share of S5 million or greater 2.The pilot is voluntary,end a Sub-Recipient may participate in alternative procedures for one or more Large project subgrants. S.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-Rec pleat 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-Recipent andlor subgrant. 7.EHP review must be completed for all subgrazls,including cases where new scopes of work would require El-IP compliance,before the subgrant scope of work is implemented_Failure to comply with this requirement may lead to lass of Federal funding, 8_The Sub-Recipient may submit appeals in.accordance with 44 CFRry2Q6,208. However,FENIA will not consider appeals solely for additional costs on fixed subgrants. Signature of Sub-Recipient's Authorised Representative Data Printed Name and Title Sub-Recipient Name PA ID Number We elect to not participate in the Alternative Procedures for Permanent Work, • rnrnor I 0rage o0 uI MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 4S • Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'S?RECIPiENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM(FioridaPA.oree) Sub-Recipient s must use the Grantee'siRectpient's web-based project management system, FloridaPA.org,(available at w►s'vr,FroridaPA.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 FroridaPA.org system. PROJECT DOCUMENTATION The Sub•Recipient must maintain all source documentation supporting the project coats. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with tho corresponding PW as the permanent record of the project, In order to validate Large Project Requests for Reimbursement(ftFRS),all supporting documents should be uptoaded to the FioridaPA-org website. Contact the grant manager with questions about how and where to upload doe nients,and for assistance lucking common documents that apply to more than one(1)PW. The Sub-Recipient must retain sufficient records to show its compliance-with the terms of this Agreement, Including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agfoemont and all other applicable laws and regulations. for a period of five(5)years from the dote of the.Sub-Retipientaccount closeout by FEMA. The five(5)year period is extended if any litigation,claim or audit is started before the five(5)year period expires:and extends beyond the five(5)year period:The records must then be retained until all litigation, claims,or audit findings invoking the records have been resolved. Records for the disposition of non-expendable personal property valued at S5,00O92 or more at the time it is acquired must be retained for we(5)years after final account closeout Records relating to the acquisition of real property must be retained for five(5)years after final account closeout. INTERIM INSPECTIONS Interim Inspections may be requested by the Sub-Recipient,9n both small and large projects,to: I. conduct insurance recor>cilietions; II. review an alternate scope of work;. iii. review an improved scope of work;andfor Iv. validate scope of work andlc+r 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, IL the Sub-Recipient is not submitiang Requests for Reimbursement (RFR's) in a timely manner, • CnnIOI I 0 rage 01 ur D7 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS i:') ill, requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve;and/or iv, there are issues or concerns identified by the.Recipient that may impact funding under this agreement. )PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for trio Sub-Recipient to certify that all kvcrx has been competed.To ensure a_ Nicely closeout process,the Sub-Recipient should notify the Recipient within sixty(SO)days of Protect completion. The Sub-Recipient should include the following information with as closeout request: • Certification that project is compote; • Dale of project completion;and • Copies of any Recipient time extensions. Largo Projects With exception of Fixed Cost Estimate Subawards,Alternate Projects and Improved Projects where final costs exceed FEMA's original approval,the final eligible amount for a Large Project-is the actual decurrrente t cost of the completed,eligible SOW,Therefore,upon completion of each Largo Project that FEMA obligated based on an estimated amount;the Sub-Recipient should provide the documentation to support the actual cents,If the actual costs significantly differ from the estimated amount,the Sub- Recipient should provide an explanation far the significant difference, FEMA reviews the documentation and,If necessary.obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures:FEMA does not re-evaluate the cost-effectiveness of the FfflMP based cn 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 Protect,cap the funding at the original estimated amount,and review the additional SOW fa-El-IP compliance_ For Fixed Cost Estimate Subavrards,the Applicant must provide documentation to support that it used the funds in accordance with tha eligibility criteria described in the PAPPG Chapter 2:Vl1.G a.nd guidance provided at rsttri.O,'arxaeye 19n EL n elterrralr prig=.+urea r. Once FEMA completes the necessary review and funding adjustments,FEMA closes the project. Small Prefects Once FEMA obligates a Small Project,FEMA does not adjust the approved areount of an individual Small Project.This applies oven when FEMA obligates the PW based on an estattate and actual costs for completing the eligible SOW differ from the estimated amount.FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub-Recipient did not compete the approved SOW; • The Sub•Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions:or . Actual Irisurarco proceeds differ from the amount deducted in the PW. hi these cases,FEMA only adjusts the specific cast items affected. If none of the above applies,the Sub-Recipient may request additional funding if tite total actual cost of al of its Srna11 Projects combined exceeds the total a:srtount obligated for all of Its Small Projects.in this case,the Sub•Reciplunq must request the additional funding through the appeal process,described in the nnsos r o rage oe ur » MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 50 PAPPG Chapter 3:1V.D,vrithin sixty 04)days of completion of its last$mall Prc;oct,FEW 1A refers to this as a net Small protect overrun appeal,The appear must include actual cost docunesitalion for all Small Projects that PEMA originally funded based on estimate amounts. To ensure tftet all work has been performed within the scope el work specified on the Project Worksheets.the Recipient will conduct final inspections on Large Projects,and may,at its sole discretion, sweet one or more Small Projects to be inspe icd,Costs determined to be outside of the approved scope of work andror outside of the approved performance period cannot be reimbursed, TIME EXTENSIONS FEMA only provides PA funding for wedt completed and costs incurred within regulatory deadlines.The deadline for Emergency Work Is 6 tnonmhs from the declaration date.The deadline lot Permanent Work is 18 months from the declaration date. r+ Tr c m$e�t wet pe of WorK Months Emergency Work 6 Permanent Work 18 If the Applicant determines it needs additional time to complete the proect,including direct administrative tasks retied to the project,it must subnrst a written request for a time extension to the Recipient with the (drowning information • Documentation substantiating delays beyond its control: • A detailed justification far the decay, • Status of the work:and • The project timeline with the projected Completion date The State(FDEM+d)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 lAtork projects by 6 months and Permanent Work projects by 3O months FEMA has authority to extend indiirduat pronAot deadlines beyond these tirnefrarnes if extenuating circumstances uslity additional Erne.This applies to all prefects 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 Ap;,a;ieratod Debris Removat Procedure of the Alternative Procedures Pilot Program,FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or Ef9P compliance related delays due to other agencies involved • Environmental Limitations such as short construction window) • Inclement weather(site access prohibited or adverse impact on construction) FELIA generally considers the following to be circumstaunces within,the centres : hhee pticant and net kisKi.alo TOT a_time extension: • Permitting or environmental delays due to ApplIcant delays in requesting permits • Lack of funding • Change in administration or cast accounting system • Compilation of cast documentation Alltrough FEMA only provides PA funding for work performed on or before the approved deadline,tire Applicant must stdi complete the approved SOW for funding to be eligible.FEMA dec.bligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved �nnror r o rage 03 ut 72 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 5f - SOW and the completed work is distinct from the uncompleted work,FEW only deobligates funding for the uncompleted work.For example,if one project Inetedes funds for three facilities and the Applicant restores only Iwo of the three fatcities.FELLA only deobiitgales 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(rytowing informationvcah supporting documentation: • Dates and provisions oral!previous'lima extensions • Consiruction tirrteline I project schedule in support of requested time • Basis for time extension request: c Delay in obtaining permits • Permitting agencies irwolved arrd application dates o Environmental delays or limitations{e.S.,short construction window,nesting seasons) • Dates of correspondence with various agencies • Specific delays • Inclement weather(prolonged severe weather conditions prohibited access to the area,or adversely impacted danstruction) r, Specific details • Other reason for delay c Specific details Submission of a request does not automaticaily_grant an extension to the period of performance. Without an approved time extension front the State of FEMA(as applicable),any expenses incurred outside the P.O,P.aro 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 andfor other sources. Actual or anticipated insurance proceeds must be deducted from ail applicable FEMA Public Assistance grants in order to avoid a duplication of benefits.The Sub-Recipiont further understands and agrees that If Public Assistants funding is obligated for work that is subsequently determined to be covered.by insurance andlar other sources of funding,FEMA must deobtigate the funds per Stafford Act Sections 10t(b)(4)and 312(a). 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 enlicipaled life of the restorative work at the insured facility, whichever Is lesser. Except that the acknowledges FERIA does not require Insurance lobe obtained and maintained for protects where the total eligible damage is less than S5,000O. 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 fMlure disasters pursuant.to§311 of the Stafford Act As staled in the Stafford Act,"Such,overage must at a minimum by in the amount of the eligible project costs,' Further, the Stafford Act, requires a Suer Recipient to purchase and merman insurance,where that Insurance is'reasonably available,adequate or necessary to protect against future less' to an insurable facility es.a condition fix receiving disaster assistance funding.The Public Assistance Program and Policy Guide further states If the Applicant does not comply with the requirement to obtain and maintain insurance,FEMA will deny or deobllgate PA funds from the current disaster: If the State Insurance Commissioner certifies that the type and extent of insurance is not'reasorrabty ava fable,adequate or necessary to protect against future loss'to an in urablo facility,the Regional Administrator may modify or waive the requirement inconformity with the certification The Sub-Recipient understands and agrees it is responsible far being aware of,and complying with,all insurance considerations contained in the Stafford Act and in 4-4 C.F.R.§§206.252-253. r=nnrlol I I rdge o•r 111 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 52 The Sub-f eclptent agrees to moldy the Recipient in writing within thirty(30)days of the date it becomes aware of any insurance coverage for the tannage identified rive tare applicable Project Worksheets and of any enitlernent to compensation Gr indemnifcalion from;,tech insurance,The Sub-recipient Antler agrees to provide all pertinent Insurance information,including but not limited to cop3es of all prticies.,declarations pages, insuring agreements, conditions,and exclusions,Statement of Loss,and Statement of Values for each insured da,roagod facility. The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available, DUPLICATION OF EltiNEFITS The Sub-Recipient understands it may not race.to,funding.)under this Agreement to pay for damage orwered by insurance.nor may the Sub-Recipient receive any other duplicate benefits from arty source whatsoever. The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits,from any source, for any damage ieniified en the applicable Project Worksheets,For which the Sub-Rea pient has received payment from the Recipient, The SubiRetipient agrees to notify the Recipient in writing within thirty(30)days of the date it becomes aware Of the possible avallabitity of.applies for,or receives funds,regardless of the source,which could • • reasonably be censidedc.'Cl aS duel-ote benefits. In the event the Recipient determines the Sub-Rec pienl has received duplicate benefits,the Sub-Recipient givers the Grantee(Recipient endear the Chief Financial Officer of the Stale of Florida,the express authority to offset the amount of any such duplicate benefits by withholding them from any ether funds otherwise due and payable to the Sub-Recipient.and to use such remedies as may be available administratively,at kiwi or at equity,fo recover such benefits. COMPLIANCE WITH PLANN4NGfPERM11TiNG REGULATIONS AND LAWS The Sub-Recipient Is responsible for the irnpfementatron and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient,and in accordance with applicable Local. Stale,and Federal legal requirements. If applicable, ►he contract documents for any project undertaken by the Sub-granteetSub-Reciplent, and any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient,must be consistent with the locai government comprehensive plan. The Sub-Recipient must ensure that any development or develOpment order complies with all applicable planning,permitting_and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act The Sub-Recipient must engage such competent, properly licensed, engineering, environmental, archeological. building, and other technical and professional assivtance at all pro act Sites as may be needed 1a ensure that the project complies witaa the contract documents. FUN131PEG F0 3 LARGE PROJECTS Although Large protect payment must be based on documented actual costs, most Large Projects are initially approved based on estimated coats,Funds are made available to the Sub-Recipient when work is in progress and Funds have been expended with dccurerentaten of costs available. When all .cork associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEttA for its consideration for final funding adjustments(Sea Closeouts). The submission from the Sub-Recipient requesting This reimbursement must include: a Request for Reimbursement(available in FlorieaPA.org); Innioi I ci rage 03 ur 73 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS • s3 . . b) a Summary of Documentation (SOD) which IS tilted Rebrtibursement Detail Report in FlarvdaPA.org and is aulematimlly created when the Request for Reimbursement is sutrnulted (and fs 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) ibe POEM Cost Claim Summary Workbook(found'in the Forms section of FlcridePA.org),along w.'th copeos of original documents such as contract documents, Invoices, change orders, ce irelod 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 0MS Circulars A•87,A-110,A-122,and the Cash Manatgement Improvement Act of 1990, .. All advances must be herd In an Interest-bearing account with the'Interest being remitted to the Recipient as often es practicable,but not later than ten(10)business:days after the close of each calendar quarter, 3, in order to.prepare a Request for Advance(RFA)the Sub-Recipient must certify to the Recipient that it has procedures in place to ensure that founds are disbursed to prefect vendors,Contractors,and subconlracte rs without unnecessary delay.The Sub-Recipient must prepare and.submit a budget that contains a timeline projecting future payment schedules through protect completion, A. A separate RFA must be completed far each Protect Worksheet to be Included in the Advance Fundang Payment. 5, The Sub-Recipient must complete a Request far Rein;bursomeat(RFR)via Flor daPA,org no mom than ninety(90)days after receiving its Advance Payment ler a specific.project.The RFR must account for all expenditures incurred whiles performing e.5gibte work documented in the applicable Project Worksheet for which the Advance was received, 6, It a reimbursement has been paid prior to the submittal of a.req;rest for art advance payment,an Advance cannot be accepted for processing. .7. The Recipient may advairte funds to the Sub-R.041iertt,net exteed1ng the Federal share;only if the•Sub•Recipienl meets the following conditions; a) the Sub-Recipient must coney to the Recipient that Sub-Rec?pleat 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 Sorb-Recipient must submit,a statement justifying the advance and the proposed use of the funds,wfiactt a►so spe res 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 soledisoretlon,withhold a portion of the Federal andlor nonfederal share of funding under this Agreement from the Sub-Recipient if the Rec gient reasonably expects that the Sub Recip ent cannot meet tare projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this ar any other Agreement with the Sub-Recipient was improper, • r=nr uii i i cordge oo ur va MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 5.4 DSSIGf'IATJON OF AGENT The Sub-Recipient must Complete Attachment U by designating at least three agents to execute any Requests for Advance or Reihtbursernent.rertikrations,or other necessary documentation aart behai of the Sub-Recipient. After execution of this Agreement,the authorized,primary,and secondary Agent may request changes to contacts via email to the Stale assigned team_ in the event the Sub-Recipient contacts have not been updated regularly and all three(3)Agents havu separated from the Sub-R€:cOient's agency, a designation of authority form Lodi be needed to change contacts. NOTE: This is very Important bocartse if contacts are not updated. notifications mate from FloridePA.org nrtay not be received and could result in failure to meet time periods to appeal a Federal determination. DUNS O&A What Is a DUNS number? The Data Universal Numbering System(DUNS)number er 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 ri they are submitting their appl�ticn through a research organization. How do i get a DUNS number? Dun&Bradstreet have designaled.a special phone number for Federal grant and cooperative agreement appI c ntslprospectivo applicants.. Cell the number below between 8 a in.and 5 pm.,local time in the 48 contiguous states and speak to a 088 representative.This process wit take approximately 5—10 minutes and you.will receive your DUNS number at the conclusion of the call, 1-86S-705-6711 What do I need before I request a DUNS number? Before you call D&B,you toil need the following pieces of rtiornatron: • Legal Name • Headquarters name and address for your organization • Doing business as(dba)or other name by which your organization is commonly recognized • Physical address • Mailing address(if separate from headquarters andror physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number, Wily 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 appi caiions.The DUNS number wilt offer a way for the Federal government to better match information across ail agencies. r=nnror I IDrage or ur MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 55 Now 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/cr cooperative agreement applicant CMS will tell you if your organization already nos 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 Deli provides the ability to tree a 4•digit extension to the DUNS number,neither D&B,ttor the Federal government assign any importance to the extension,Benefits.if any,derived from the extension will be at your inst ution Only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use whai is cal od a parent DUNS number to aggregate inforre then for the system as a whale.The main campus will need to be assigned a DUNS nermber,Then each satellite campus will need to ref ere ce the main campus DLR9S number 3s their parent DUNS when obtaining their own DUNS number. For N1H grantees,if each campus.submits grant applications as a unique grantee organization,then each campus.needs to obtain their own DUNS number, Does the DUNS number need to be Included on individual fellowship applications? Yes with one exception. It Is the DUNS number of the sponsoring institution lhat should be put on the applicaticr.. Individual Kirsrhstein-NRSA fellowships.that propose training at Federal laboratories do not require a DUNS number. Mat does the DUNS number have to do with the Central Contractor Registry(CDR).soon to be the Business Partner Network(SPN)? Registration in the CDR Is mandatory for anyone w h.ing to submit a grant application etectronicatly through Grants.gov.Your organization will need a DUNS number in crdsr.to register iri the CCR.The CCR is the central registry for organizations that have received Federal contracts.If your organization has received Federal contracts,it is already registered In the CCR,but this is a goal opportunity to verify that yeurorganization information is up to dale_For more information about the CCR,please visit the CDR web site at www.ccr.gov. • What should we do if our Institution has more than I DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only thai number, Does this apply to non.US.organizations? Yes.this new requirement appties to all typos of.grantoe organizations Including foreign,non-profit,far profit as well as for state and Federal government agencies. Dees this apply to non-competing progress reports? No. This new requirement applies only 10 competing applications. Are there any exceptions tolhe now DUiNS 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 KirsehsteiveNRSA fellowships that propose training at Federal,tabora,to;ies do net 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 wotkt come from the tirsancfiloccounting department or some other department that conducts business with a large cross section of the institution, MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS . 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 you name/organization included on this marketing list,request to be de-listed from 1J&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-W5-705-S771. 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 sswatircirit. rv. Substitute Form W-S For the purpose of this Agreement,a Sub-Recipient is also a Vendor, The Slate of Florida requires vendors ddoing'bcsiness with the State to submit a Substitute Form W-g.The purpose of a Form W-9 Is to provide a Federal Taxpayer Identification Number(TIN);of(;eiai entity name. a business designallon(Sole propriieto ship.corporation,partnership,etc.),and other taxpayer information to the State.Submission of a Form 101-9 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 Internet Revenue Semica Fenn W-9. • effective March 5.2012,State of Florida agencies will not be permitted to place orders for goods and serv=;,es 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 regtr ed to register and submit a Form W-9 on the State's Vendor Website at hitri.i riiiitErnilor,meondac io.narri. • • �nntoit o rage ouui » MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 57 • Attachment H • FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE:The Federal Funding Accountability and Transparency Act(FFATA)was signed en • September 26,200S.The intent of this legislation is to empower every American with the ability to h®fd the govamment accountable for each rpendluig decision:The FFATA legislation requires information on Federal awards(Federal assistonce and expondiunes)be atade available to the public via a single, seanchab%websirls,which is h.1teilv.ww.u:,aspendhng.eavi. The FFATA Sub-award Reporting Systenn(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 ab:igate 625,000 or more In Federal funds (excluding Recovery funds as defined in section 15121a)(2)of the American Recovery and Reinvestment Act of 2009,Pub.L 111-5), Note:This-Instruct ens and Worksheet'is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distnbuted to sub-ativarrdoes for campletiort.All pertinent lafonnation below should be filled out,signed,and returned to the pre ect 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$25,060 or more In Federal funds as described above.Please provide the following Information and return the signed form to the Division as requested. PROJECT#. WA.-Do not Complete FUNDING AGENCY: Federal Emergency Menagemuni. enty AWARD AMOUNT: S Fedi rat share amount onLv OBLIGATION/ACTION DATE: date t.-;wuded to State of Fledda SUBAWARD DATE(if applicable): DUNS#: DUNS +4: If your company er Organization does not have a DUNS number,you will need to obtain one from Dun& Bradstreet at-866.105-5711 or usethe web form(http:Ipfedgov.dob.cemMebfoam),The process to request_a DUNS number takes about ten minutes and Is free of charge. BUSINESS NAME: OSA NAME(IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: Cnf IIJI I Clrage uu ui MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 58. ADDRESS LINE 2; ADDRESS LINE 3: • CITY STATE ZIP CODE+4" PARENT COMPANY GUNS (d applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDAu); DESCRIPTION OF PROJECT(Up to 4000 Characters) Complete eligible Prat cis for repair or replacement of Disaster dam-aged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINEssj: ADDRESS LINE 1. ADDRESS LINE 2 ADDRESS LINE 3: CITY STATE ZIP CODE-4•' CONGRESSIOt+A,DLS1LCIFOR PRINCIPAL PLACE OF FR IEECT PERFORMANCE —Providing the Zip.4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 1.In your busing or organizalion's previous Fiscal year,did your business or organization (including parent organization.all branches,end all atlitate:worfdimidc)receive(a)60 percem or • mere of your annual press revenues from Federal procurement contracts(end sub ontracis)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)525,000,080 or more in annual gross revenues from U.S.Federal procurement contracts(and subcontracts)and Federal financial assistance(e.g.loans,grants,sub grants.andfor cooperative agreements,etc.)subject to the Transparency Act? Yes No If the answer to Question 1 is"Yes,'continue to.Question 2.If the answer to Question 7 is"No". move to the signature block below to complete the certification and submittal process. 2. Does lite public have access to information about the compensation of the executives In your business or orgonizetron(including parent organization,all branches,and all affiliates worldwide) through pe iodic reports filed under section 13(a)or 15(d)of the Secut'ues Exchange Act of 1934 (15 U.S_C.78in(a),78o(d))Section 6104 of the internal Revenue Code of 192.6? Yes❑ No If the answer to Question 2 is"Yes,"move to the signature brook below to complete the certification and submittal process.(Note;Securities E)ichange Commission information should be accessible at htgprAvwNr.eee.gev!answerslexecomp.htin.Requests for Internal Revenue Service (IRS)information should be directed to the local IRS for further assistance.) It the answer to Question 2 is"No"FFATA reporting is required.Provide the Information required in the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" C/�rlIOI I o rage ur MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 59 appearing below to reportthe"Total Compensation"for the five(5)most highly compensated "Executives",in rank order,in your organization,For purposes of this request,the following terms apply as defined In 2 CFft Ch_1 Part 170 Appendix A 'Epivo'is defined as'officers,managing-partners,or other employees In management positions'. "Total Carrme..r g n is defined as the caste and noncash dollar value earned by the execulive during the most:recently completed fiscal year and iroctvdes the folrowing: i. Salary and bonus, ii. Awards of stock,stock options,and sts^,.ir appreciation rights_Use the dotter amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards rto.123(Revised 2004) (FAS 123ti),Shared Based Paymems: Earnings foe services under non•equity incentive plans.This does not Include stoup fife, 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-quaLlfied_ 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 St 0,000. TOTAL COMPENSATION CHART-FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion• Rank Total Compensation (Highest to Name for Most Recently Lowest) (Last,First,MI) - Titre Cernpteted Fiscal Year 1 2 4 r II THE UNDERSIGNED CERTIFIES TI-N.AT ON THE DATE WRITTEN BELOW.THE INFORMATION PROVIDED HEREIN IS ACCURATE, SIGNATURE: NAP.1E AND TITLE: DATE: • �nnlol I IDrage 74 ul » MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 60 Attachment t Mandatory Contract Provisions Provisions: My contract or subcontract funded by this Agreement must contain the applicable provisions oui nevi in Appendix tl to 2 CFR Part 200. 1t is ere respon;,ib i ty of the sub-recipient to include the required provis:ons. 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DNS OIG AUDIT ISSUES and ACKNOWEDGEMENT Thn Department of Homeland Security (OHS) Office of Inspector General (OM} 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 Orantees,Recipients or Sub-Recipients did not fallow the prescribed rules to the point that the CID believed the below listed violations could have nullified the FEMA/State agreement. 1. Mon Competitive contracting practices, 2, Failure to include required contract provisions. 3. Failure to employ the required procederes to ensure that unfelt,minerAy.and rmmen's owned firms ware all given fair consideration. 4, Improper"cost-plus-a-percentage-of-cost"contracting practices, The following Information comps directly from DDS's OM Audit Tips for fMfanaging Disaster Related Project Costs;Report Number 01G-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(Stato agreement; 1. Use of improper contracting practices 2. Unsupported costs. 3. Poor project acce rnling. 4. Duplication of benefits, 5. Excessive equipment charges(applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. • 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain arid maintain Insurance Key Points that must be followed when Admlrniatering FEMA Grants: • • Designate ono parson to ceordfeate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures,and a separate identifier to each specific FEMA project. ▪ Ensure that the final claim for each projett Is supported by amounts recorded in the accounting system. ▪ Ensure that each exoendilure is recorded in the accounting books and references supporting sources of documentation(checks,Invoices,etc.)that con be roadity retrieved. �nnioi I o rage 7i ui » MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Gi • e Research insurance coverage and seek reimbursement for the maximirn amount, Credit the appropriate FEMA project with that amount. • Check with your Federal Grant Prograrn Coordinator about availability of fuming under other Federal programs(Federal Highurays,Housing and Urban Devetopmenl,etc)and ensure that the final project ttairn does not include co,,ts that another Federal agency funded oo gourd have funded. • Ensure that materials taken trees existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that e+upandihrres claimed under the FEW. project are reasonable, necessary, directly benefit the project,and are authorized under the Scope of Work.' t acknowledge that I have received a copy or,and have been briefed on,the above DHS(IG Audit Issuers, Monroe Count tIi aj6_ Svb•Recipient Agency pate Sigrlatuire Tina Bean,Sr.(lire a23.. `u in n Rrinted Name&Title Inrnoi I o rage 70 ui 77 • MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS • 66 - Attachrnerit K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance,indicate same by checking the box below. FIA0VANCE REQUESTEDce payment of S is ted. Balance of payments will be made on a reimbursement These funds are needed to pay pending obligations for work. We would not be ableto operate the program witd�.out vance. If you are requesting an advance,complete the following chart and tine item justification below_ BUDGET CATEGORY/LINE ITEMS 20 -20 Anticipated Expenditures for First Throe Months (tlst app€Ieable tine items) of Agreement Example:Pt? 00001(0) Contract Work$1,500,0 0 0(provide detailed jostiticadon), TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each tine item,provide a detailed justification explaining the need for the cash advance_ The justification must include supporting documentation that clearly shows the advance will be expanded 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 nin-ety(SD) days of the contract term,Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Oivisida Cashier,2555 Shurorard Oak Boulevard.Tad=ahassee,Florida 32$99. within thirty(30)days of receipt,along with any interest earned on.theadvance). �nnror i o edge vb ur 77 MCSO Headquarters Irma Repairs e atS \ ~ 1. .MinoriOwnedB:usiness_Declaration Sea Tech of the Florida Keys Inc{a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) __is a minority business enterprise,as defined in Section 288.703,Florida Statutes or _XX is not a minority business enterprise,as defined in Section 288.703,Florida Statutes. F.S. 288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions, which is domiciled in Florida,and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S.288.703 for more information. Co for .Sub-Recipient; Monroe County Signature Signature Print Name:_Robin Szmansky Printed Name:_ Title:.President Title/OMB Department: Verified via: .https:JJosd.dms.mytlor-ida.com/directories Address.131 Palomino Horse TraiL .DEM_Contract; Z0002 City/State/Zip;Big Pine Key. FL 33043 �.....40 SEATE-1 OP ID:CH ACORo° DATE(MMIDD/YYYY) -- CERTIFICATE OF LIABILITY INSURANCE 04/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 305-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 I FAX 305-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,Bet): (NC,No): Key West,FL 33040 E-MAIL DRIESS:chernandez@apins.com House Account-KW INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Insurance Co. 25666 INSURED INSURER B: Sea Tech of the Fl Keys,Inc. PO Box 420529 INSURER C: Summerland Key,FL 33042 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMMIDDIYYYYI IMMIDD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTEDPREMISES(Ea occurrence) S MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO y 008L470574 03/01/2019 03/01/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X NON-OWNEDUUT (Per accidentDAMAGE $ S _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ AP Y AISK AGEMEAIT S STATUTE ER WORKERS COMPENSATION � PER OTH- AND EMPLOYERS'LIABILITY YIN BY . ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A L I (Mandatory in NH) DATE _.v_.__-. ___1 -- -- --T- E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below WIT NA Yes.__ E.L.DISEASE-POLICY LIMIT 1 S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: MCSO Headquarters Irma Repairs,5500 College Rd,Stock Island, Key West,FL,not subject to cancellation,nonrenewal,material change or reduction in coverage unless a minimum thirty(30)days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whitehead St AUTHORIZED REPRESENTATIVE Key West, FL 33040 1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ___--.NN SEATE-1 OP ID: ET A4COR0' DATE(MMIDD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE 04/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES . BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 305-741-7373 CONTACT NAME: Rebecca Horan Keys Anchor Insurance Agency PHONE 305-741-7373 IFAX 844-269-7923 Rebecca Horan (NC,No,Eat). (A/C,No): PO BOX 420308 E-MAIL ADDRESS: Summerland Key,FL 33042 Rebecca Horan INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company INSURED INSURER B:Kinsale Insurance Co SeaTech of the Fl Keys Inc 131 Palomino Horse Trail INSURER C: Big Pine Key,FL 33043 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMMIDDIYYYYI (MMIDDIYYYYI B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 01000816180 03/01/2019 03/01/2020 pREMSESO(Eaoccurrrence) $ 100,000 MED EXP(Any one person) $ excl PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 JEOT 2,000,000 POLICY LOC PRODUCTS-COMP/OP AGG $ OTHER: /�p'P� :NAISK( '`.N '�Etd�((T S AUTOMOBILE LIABILITY Y' (i COMBINED SINGLE LIMIT >/ — (Ea accident) $ ANY AUTO _ 0 __ _ BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS _ ---""`-- AUTOS ONLY AUTOS DATE--- -p—�•�s� f BODILY INJURY(Per accident) $ HIREDO ONLY AUTOS ONLYY �YFMYee.-_—___ (Per PROPERTY DAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ S A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 46-885792-01-03 03/01/2019 03/01/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:MCSO Headquarters Bldg Irma Repairs,5525 College Rd,Key West,FL. Not subject to cancellation, nonrenewal,material change or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION MCBCOUI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board Of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whithead St AUTHORIZED REPRESENTATIVE Key West, FL 33040 Rebecca Horan 74-e-e--2--4164rew-,..... 1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SEATE-1 PAGE 2 NOTEPAD INSURED'S NAME SeaTech of the Fl Keys Inc OP ID: ET Date 04/05/2019 when required by contract, in favor of the additional insureds stated above to the extent permitted by law.