Item D8 D.8
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: D.8
Agenda Item Summary #5416
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305)295-4306
n/a
AGENDA ITEM WORDING: Approval to award bid and approve a contract with Grader Mike,
LLC. for construction of Hurricane Irma Roadway Repairs II Roads Project in the amount of
$350,503.30.
ITEM BACKGROUND: The roadways being repaired in this Contract are Long Beach Road in
Big Pine Key and Sugarloaf Blvd. on Lower Sugarloaf Key. Hurricane Irma Roadway Repairs 11
Lower Keys Project was advertised for bids on January 11, 2019. Two bids were received on
February 28, 2019 with Grader Mike, LLC. being the lowest responsible bidder. It is anticipated that
this project will be eligible for reimbursement with 75% to be funded by the Federal Emergency
Management Agency (FEMA), 12.5% funded by the State and 12.5% County matching funds; if
funded as expected the total cost to the County will be $43,812.91.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved Task Order for Engineering Design and Permitting Services with CSA Central,
Inc. for the Hurricane Irma Roadway Repairs Project at the May 2018 meeting.
CONTRACT/AGREEMENT CHANGES:
New
STAFF RECOMMENDATION: Approval of contract with Grader Mike, LLC. for construction of
Hurricane Irma Roadway Repairs II Lower Keys Project.
DOCUMENTATION:
Hurricane Irma Roadway Repairs 11 Project Contract
COI Expires 8-1-19
FINANCIAL IMPACT:
Effective Date: 4/17/2019
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D.8
Expiration Date: 120 days after notice to proceed
Total Dollar Value of Contract: $350,503.30
Total Cost to County: $43,812.91
Current Year Portion: $43,812.91
Budgeted: Yes
Source of Funds: 125-0459110 Hurricane Irma
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: Yes
County Match: $43,812.91 (12.5% of total contract amount)
Insurance Required: Yes
Additional Details:
04/17/19 125-0459110 - HURRICANE IRMA $350,503.30
REVIEWED BY:
Judith Clarke Completed 04/01/2019 12:49 PM
Christine Limbert Completed 04/01/2019 2:13 PM
Budget and Finance Completed 04/01/2019 3:06 PM
Maria Slavik Completed 04/01/2019 3:07 PM
Kathy Peters Completed 04/01/2019 4:36 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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Hurricane Irma Roadway Repairs II Lower Keys Project
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
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AGREEMENT
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Made as of the 17th day of April in the year of Two Thousand and
Nineteen.
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BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") M
1100 Simonton Street E
Key West, Florida 33040 ("Owner")
And the Contractor: Grader Mike, LLC
2 Bay Drive
Key West, FL 33040 ("Contractor")
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For the following Project: Hurricane Irma Roadway Repairs II Lower Keys Project
Monroe County, Florida ("Project")
Oversight for Owner: Monroe County Engineering Services Department
1100 Simonton Street, Rm 2-216
Key West, FL 33040
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Engineer: CSA Central, Inc. 0
8200 N.W. 41" Street, Suite 305 �
Doral, Florida 33166-3207 E
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The Owner and Contractor agree as set forth below.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued after
execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral.
Notice Requirement
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following: E
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
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For the Contractor:
Michael Anson
Grader Mike, LLC
2 Bay Drive
Key West, FL 33040
(305) 797-3051
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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:
Scope of Work is as specified in the Contract Documents, and shown on the Drawings and in the
specifications. The contract constitutes the entire and exclusive agreement between the Owner and
the Contractor with reference to the Hurricane Irma Roadway Repairs II Lower Keys Proiect.
ARTICLE 3
Date of Commencement and Substantial Completion
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3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement, as first written above, unless a different date is
stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner
as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a
notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than
five days before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
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3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
120 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided
by the Contract Document.
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all W
approved extension in time as set forth by the Owner's signature of approval on the Certificate of E
Substantial Completion. The liquidated damages table below shall be utilized to determine the
amount of liquidated damages.
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FIRST SECOND 31 sf 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 �s
$100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY
$500,000.0 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.
Uncontrollable Circumstance
3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be 0
excused to the extent that the delay or failure was caused directly by an event beyond such Party
control, without such Party's fault or negligence and that by its nature could not have been foreseen E
by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, .2
riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the 3
geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of
this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of
the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to E
perform, changes in cost or availability of materials, components, or services, market conditions, or
supplier actions or contract disputes will not excuse performance by Contractor under this Section.
Contractor shall give County written notice within 7 days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume
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full performance under this Agreement. The County will not pay additional cost as a result of an
Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such
reasonable time as the Owners Representative may determine.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the Hurricane Irma Roadway Repairs II Lower Keys Project the c
Contract Sum of THREE HUNDRED FIFTY THOUSAND FIVE HUNDRED THREE
DOLLARS AND THIRTY CENTS, ($350,503.30), subject to additions and deductions as E
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: None
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4.3 Unit prices, if any, are as follows: As specified in Section 00110. cu
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ARTICLE 5
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Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon 0
Project Applications and Certificates for Payment, the Owner shall make progress payments on
account of the Contract Sum to the contractor as provided below and elsewhere in the Contract 0
Documents.
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5.2 The period covered by each Application for payment shall be one calendar month ending on a.
the last day of the month.
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5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida
Statutes.
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5.4 Each Application for Payment shall be based upon the Schedule of Values submitted b the
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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 E
supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless
objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the
Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment
shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract
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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 actual net cost as confirmed by the Owner. 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 0
approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing),
less retainage of Ten percent (10%): �
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
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5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
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modified under the following circumstances:
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5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Owner recommends
and determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the U
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General
Conditions.
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5.8 Reduction or limitation of retainage, if any, shall be as follows: None E
ARTICLE 6
Final Payment
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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 E
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 Project Certificate for Payment has been issued by the Project Manager:
such final payment shall be made by the Owner not more than 20 days after the issuance of the final Z:
Project Certificate for Payment.
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ARTICLE 7
Miscellaneous Provisions
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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 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735
7.3 Temporary facilities and services:
None.
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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. E
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution
of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by Section
287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with .2
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 is formally charged with
an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or U
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 bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to 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 36 months from the date of being
placed on the convicted vendor list.
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7.6 The following items are part of this contract:
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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 years from the termination of this agreement or for
a period of five years from the submission of the final expenditure report as per 2 a
CFR §200.333, whichever is greater. Each party to this Agreement or its E
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement.
If an auditor employed by the COUNTY or Clerk determines that monies paid to
CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the
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CONTRACTOR, the CONTRACTOR shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the
date the monies were paid by the COUNTY.
b) Right to Audit: 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 0
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 judgement have 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 W
open to inspection and subject to audit and/or reproduction by Owner's E
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, .2
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 seven (7) years after Final
Completion. �s
c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall bed
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 M
that venue shall lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 0
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d) Severability: If any term, covenant, condition or provision of this Agreement (or the E
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 Z:
this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, E
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.
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e) 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. Mediation proceedings initiated and conducted pursuant to
this Agreement shall be in accordance with the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe
County.
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f) 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.
g) 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. W
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h) 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. Any conditions imposed as a result of funding that .2
effect the Project will be provided to each party.
i) Nondiscrimination: CONTRACTOR and COUNTY agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has �s
occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. CONTRACTOR or
COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of
the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of
the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits 0
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of E
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to E
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. 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 s. 12101 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of
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race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as
amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2
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C.F.R. Part 200, Appendix H,¶ C, agrees as follows: c
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, W
recruitment or recruitment advertising; layoff or termination; rates of pay or E
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 .2
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 r-
consideration for employment without regard to race, color, religion, sex, U
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 0
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint E
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 E
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.
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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. 0
7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies W
invoked as provided in Executive Order 11246 of September 24, 1965, or by E
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law. �
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j) 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.
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k) 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. �
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1) No Solicitation/Payment: The County and Contractor warrant that, in respect to 0
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 E
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 E
or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
m) 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
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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 0
survive any termination or expiration of the contract.
1. The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required
to:
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(1) Keep and maintain public records that would be required by the County to perform the
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service.
(2) Upon receipt from the County's custodian of records,provide the County with a copy of the E
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records .2
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 U
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 E
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 0
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. E
a�
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 section119.10, Florida
Statutes.
c�
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
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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.
n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida e
Statutes, the participation of the County and the Contractor in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance 0
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.
3
o) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, 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 r_
limits of the County shall apply to the same degree and extent to the performance 2
of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
p) 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.
3
q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the 0
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 E
contemplated hereunder, and the County and the Contractor agree that neither the 0
County nor the Contractor or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits Z:
under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this Agreement. E
r) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
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s) 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.
t) 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 0
may execute this Agreement by signing any such counterpart.
a�
u) 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.
0
v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this E
Proj ect.
w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance .2
requirements prescribed elsewhere in this agreement, the Contractor covenants and
agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees, harmless from and against (i)
claims, actions or causes of action, (ii) litigation, administrative proceedings, r-
appellate proceedings, or other proceedings relating to any type of injury U
(including death), loss, damage, fine, penalty or business interruption, and (iii)
costs or expenses that may be asserted against, initiated with respect to, or
sustained by the County and the COUNTY's elected and appointed 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 indemnifying party in the performance of the construction contract.
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, 0
causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will E
survive the expiration of the term of this Agreement or any earlier termination of
this Agreement.
.2
D. In the event the completion of the project (including 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 E
resulting from such delay.
E. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
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F. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within General Insurance Requirements Section 900. In
the event any claims are brought or actions are filed against the County with respect to the
indemnity contained herein, the Contractor agrees to defend against any such claims or
actions regardless of whether such claims or actions are rightfully or wrongfully brought
or filed. The Contractor agrees that the County may select the attorneys to appear and
defend such claims or actions on behalf of the County. The Contractor further agrees to
pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys
selected by the County to appear and defend such actions or claims on behalf of the
County at both the trial and appellate levels. The County at its sole option, shall have the 0
sole authority for the direction of the defense, and shall be the sole judge of the
acceptability of any compromise or settlement of any claims or actions against the
County.
G. The CONTRACTOR shall hold the Florida Division of Emergency Management
(Division)harmless against all claims of whatever nature arising out of the
CONTRACTOR's performance of work under this Agreement, to the extent allowed and W
required by law. E
E
x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree .2
that all disputes and disagreements shall be attempted to be resolved by meet and
confer sessions between representatives of each of the parties. The CONTRACTOR
and COUNTY Representative shall try to resolve the claim or dispute with meet and
confer sessions to be commenced. If the issue or issues are still not resolved to the r-
satisfaction of the parties, then any party shall have the right to seek such relief or U
remedy as may be provided by this Agreement or by Florida law. This Agreement is
not subject to arbitration. This provision does not negate or waive the provisions off
paragraph x or Article 8.1 concerning termination or cancellation.
y) Cancellation: In the event that the Contractor shall be found to be negligent in any
aspect of installation, stocking, maintenance, repair, or service, the County shall have
the right to terminate this agreement after five days written notification to the
Contractor.
0
z) Cooperation: In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this E
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.
E
aa)Insurance: Prior to commencement of work the Contractor will provide satisfactory
evidence of insurance as required in Specification Section 00900 General Insurance
Requirements for Construction Contractors and Subcontractors. The Contractor shall
name Monroe County Board of County Commissioners, its employees and officials as
"Additional Insured" on all policies except for Worker's Compensation.
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7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under
this agreement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into
any assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each 0
party hereto binds itself, its successors, assigns and legal representatives to the other and to the
successors, assigns and legal representatives of such other party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all W
cu
the requirements as imposed by the ADA, the regulations of the Federal government issued E
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
7.11 Federal Contract Requirements
a
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 H to 2 C.F.R. Part 200, as ` :
amended, including but not limited to:
7.11.1 Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program,
Tribal Homeland Security Grant Program, Port Security Grant Program and Transit
Security Grant Program, all prime construction contracts in excess of$2,000 awarded
by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141- �
3144, and §§3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the 0
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. If E
applicable, the COUNTY must place a current prevailing wage determination issued
by the Department of Labor in each solicitation. A copy of the current prevailing
wage determination is included as Attachment A. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination.
The COUNTY must report all suspected or reported violations to the Federal awarding a
agency. When required by Federal program legislation, which includes emergency E
Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program and Transit Security Grant Program (it does not apply to other
FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the contractors must also comply with the Copeland "Anti-Kickback"Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR
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Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States"). As required by the
Act, each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The COUNTY
must report all suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which
are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
.2
7.11.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the
COUNTY in excess of$100,000 that involve the 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 0
5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work a
week is permissible provided that the worker is compensated at a rate of not less than one and a half
a
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
0
7.11.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets cu
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.
c�
7.11.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387). 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). The Clean Air
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Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000.
7.11.5 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance 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. 0
7.11.6 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352 Contractors that apply or bid for
) PP Y
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 W
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes E
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
a�
to tier up to the non-Federal award.
.2
7.11.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247
that contain the highest percentage of recovered materials practicable, consistent with maintaining a U
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.
a�
Other Federal Requirements:
3
7.11.09 Americans with Disabilities Act of 1990, as amended (ADA) — The CONTRACTOR will 0
comply with all the requirements as imposed by the ADA, the regulations of the Federal government M
issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. E
7.11.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under
this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to
this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the E
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.
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7.11.11 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:
3
(1) Placing qualified small and minority businesses and women's business enterprises on c
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.
c�
7.12 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 U
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.
7.13 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward a�
and Grant Agreement between COUNTY and the Florida Division of Emergency Management
(Division) and attached hereto as Attachment B.
0
7.14 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 E
the extent allowed and required by law.
ARTICLE 8
Termination or Suspension
8.1 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.
8.2 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.
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8.3 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY
retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for
cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained
at the time and in the manner herein provided. In the event of such termination, prior to termination,
the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured,
the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this
agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds 0
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.
8.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at E
any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this
agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this agreement prior to termination, unless the cost of completion to the .2
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. �s
Article 92,
a
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement,
are enumerated as follows: See Article 1
3
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 0
9.1.2 The General Conditions are the General Conditions of the Contract for Construction. E
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project
Manual dated December 2018 and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
E
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3,
and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
12/6/18 CONTRACT DOCUMENTS 00500- 19
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9.1.6 The Addenda, if any, are as follows:
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless
the bidding requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: MOnrDe
County Bid Form in Section 00 110.
0
See Article 1.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in counterparts, each of is shall, without proof or accounting for the other
counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
0
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
E
By: By
Deputy Clerk Mayor
Date
MOMOE COUM AIT01ILM
CONTI A nfriAlTo
RRA
0
By. CHRI5 LMMERMARROWS
ASSISTANT Co WORM
DATE:
Title. i
Th rp�inrnent was acknowledged before th's)j!j day of 2019,by
g instrument
Who is =nally known to'MrJor produced a
driver's license as identification.
0
ST/kTE OF FLORIDA'R' E
0
r-
iiint, type of stamp commissioned name o 2
f cu
,,notary
LAUREN
II
ss i:)N v cGcjs3vi 1
E
0"!U20
END OF SECTION 00500
12/6118 CONTRACT DOCUMENTS 00500-20
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ATTACHMENT A
PREVAILING WAGE DETERMINATION
3
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3
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a
a
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3
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General Decision Number: FL180190 03/16/2018 FL190
Superseded General Decision Number: FL20170190
State: Florida
Construction Type: Highway
County: Monroe County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
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 $10.35 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for E
all hours spent performing on the contract in calendar year
2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types
°
of contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
IL
0 01/05/2018
1 02/23/2018
2 03/16/2018
* ELEC0349-002 03/05/2018
Rates Fringes
0
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 33.11 12.31
----------------------------------------------------------------
SUFL2013-008 08/19/2013
Rates Fringes
°
CARPENTER, Includes Form Work. . . .$ 11. 95 1.44
CEMENT MASON/CONCRETE FINISHER. . .$ 13.65 0.00
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine) . . . . .$ 12.70 0.00
HIGHWAY/PARKING LOT STRIPING:
Operator (Spray Nozzleman) . . . . . . .$ 13.08 0.00
INSTALLER - GUARDRAIL. . . . . . . . . . . .$ 14.44 0.00
12/6/18 CONTRACT DOCUMENTS 00500-22
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Hurricane Irma Roadway Repairs II Lower Keys Project
IRONWORKER, REINFORCING. . . . . . . . . .$ 13.85 0.00
LABORER (Traffic Control
Specialist) . . . . . . . . . . . . . . . . . . . . . .$ 12.17 1.71
LABORER: Asphalt, Includes
Raker, Shoveler, Spreader and
Distributor. . . . . . . . . . . . . . . . . . . . . .$ 13.60 0.00
LABORER: Common or General. . . . . .$ 11. 96 2. 90
LABORER: Flagger. . . . . . . . . . . . . . . .$ 9.87 0.00
LABORER: Grade Checker. . . . . . . . . .$ 11.45 0.00
LABORER: Landscape &
Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 11.16 0.00
LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.68 0.00
OPERATOR: E
Backhoe/Excavator/Trackhoe. . . . . . .$ 17.20 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader. . . . . . . . . . . . . . . .$ 11.60 0.00
OPERATOR: Broom/Sweeper. . . . . . . . .$ 10.89 0.00
OPERATOR: Bulldozer. . . . . . . . . . . . .$ 13. 90 0.00
OPERATOR: Crane. . . . . . . . . . . . . . . . .$ 17.83 0.00
OPERATOR: Forklift. . . . . . . . . . . . . .$ 11.03 0.00
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OPERATOR: Grader/Blade. . . . . . . . . .$ 16.08 0.00
OPERATOR: Loader. . . . . . . . . . . . . . . .$ 16.59 0.00
OPERATOR: Mechanic. . . . . . . . . . . . . .$ 13.55 0.00
OPERATOR: Milling Machine. . . . . . .$ 13.23 0.00
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OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 12.61 0.00 M
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OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . .$ 18.17 0.00
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OPERATOR: Roller. . . . . . . . . . . . . . . .$ 13.28 2.39
OPERATOR: Screed. . . . . . . . . . . . . . . .$ 15.79 0.00
OPERATOR: Trencher. . . . . . . . . . . . . .$ 16.00 0.00
TRAFFIC SIGNALIZATION:
Traffic Signal Installation. . . . . .$ 19.03 0.00
TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.66 0.00
TRUCK DRIVER: Lowboy Truck. . . . . .$ 14. 94 0.00
12/6/18 CONTRACT DOCUMENTS 00500-23
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Hurricane Irma Roadway Repairs II Lower Keys Project
TRUCK DRIVER: Water Truck. . . . . . .$ 13.05 0.00
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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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 E
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
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The body of each wage determination lists the classification
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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) .
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Union Rate Identifiers
A four letter classification abbreviation identifier enclosed 2-
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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.
12/6/18 CONTRACT DOCUMENTS 00500-24
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Hurricane Irma Roadway Repairs II Lower Keys Project
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.
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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, 1000 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 IL
for the classifications and rates under that identifier.
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A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current W
negotiated/CBA rate of the union locals from which the rate is
based.
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WAGE DETERMINATION APPEALS PROCESS
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1. ) Has there been an initial decision in the matter? This can
be.
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
12/6/18 CONTRACT DOCUMENTS 00500-25
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Hurricane Irma Roadway Repairs II Lower Keys Project
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
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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 E
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
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Administrative Review Board IL
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION
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12/6/18 CONTRACT DOCUMENTS 00500-26
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Hurricane Irma Roadway Repairs II Lower Keys Project
ATTACHMENT B
SUB AWARD AND GRANT AGREEMENT BETWEEN COUNTY AND FDEM
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12/6/18 CONTRACT DOCUMENTS 00500-27
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ATTACHMENT B
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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 Attachment B.
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Hurricane Irma Roadway Repairs Project
May 16,2018
Packet Pg. 1541
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Contract Number: Z0002
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R.§200.92 states that a"subaward may be provided through any form of legal agreement,including an
agreement that the pass-through entity considers a contract."
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As defined by 2 C.F,R.§200.74„"pass-through entity'means"a non-Federal entity that provides a subaward to a
Sub-Recipient to carry out part of a Federal program.'.
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As defined by 2 C.F.R,§200.93„"Sub-Recipient'means"a non-Federal entity that receives a subaward from a
pass-through entity to carry out part of a Federal program."
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As defined by 2 C.F,R.§200.38,''federal award"means"Federal financial assistance that a non-Federal entity �
receives directly from a Federal awarding agency or indirectiy from a pass-through entity."' E
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As defined by 2 C.F.Rdl§200.92,''subaward"means"an award provided by a pass-through entity to a Sub- M
Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity.'
The following information is provided pursuant to 2 C F.R.§200.331(a)(1):
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Sub-Recipient's name. Monroe County
Sub-Recipient's PA IDIFIPS Number 087-99087-00
Sub-Recipient's unique entity identifier. 021771709
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Federal Award Identification Number(FAIN): 4337DRFLP0000001
Federal Award Date! 9/30/2017
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Subaward Period of Performance Start and End Date: 9/10/2017—03/1012018 aCL
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Amount of Federal Funds Obligated by this Agreement: $2 858,535.94 _
Total Amount of Federal Funds Obligated to the Sub-Recipient
3
by the pass-through entity to include this Agreement: $2,858,535.94
Total Amount of the Federal Award committed to the Sub-Recipient
by the pass-through entity, $2,858.535.94
Federal award project description(see FFATA) Grant to Local Government for 0
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debris removal emergency M
protective measures and repair or
replacement of disaster damaged
facilities C
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Name of Federal awarding agency: Dept.of Homeland Security DHS
Federal Emergency Management
Agency(FEMA) _
Name of pass-through entity, Florida Division of Emergency
Management(FDEM)
Packet Pg. 1542
D.8.a
Contact information for the pass-through entity; 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.036 Public Assistance
Whether the award is Research&Development: NIA
Indirect cost rate for the Federal award: See by 44 C.F.R. 207,5 b 4
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THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee„ Florida(hereinafter referred to as the"Division"), and Monroe County,
(hereinafter referred to as the"Sub-Recipient"")
For the purposes of this Agreement„ the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
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A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient agree to the following: M
(1) APPLICATION OF STATE LAW TO THIS AGR EMENT
2 C.F.R. §200.302 provides: Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds,"
Therefore., section 215.971, Florida Statutes, entitled"Agreements funded with federal or state
assistance" applies to this Agreement.
(2) LAWS RULES REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F,R. Part
200, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
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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 E
the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
3
must be received and accepted in writing by the Division before payment. Each deliverable must be
0
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable. E
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement.
°
iv., A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division,
Packet Pg. 1544
D.8.a
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to
a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies.
(3) CONTACT o
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and CL
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shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests M
payment.
b. The Division's Grant Manager for this Agreement is: C
Lildda Forbes
2555 Shumard Oak Blvd, Ste. 360 .�
Tallahassee,, FL 32399-2100
Telephone: 850-815-4419
Email: Lililita.Forbes@em.myflorida.com
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
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Laura deLoach-Hartle
1100 Simonton St., Ste. 2-213
Key West, FL 33040-3110
Telephone: 305-292-4482
Email: deloachhartle-!aura@monroecounty-fl.gov
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d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be E
provided to the other party in writing via letter or electronic email. It is the Sub-Recipient's responsibility to 0
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authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the
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Designation of Authority(Agents) in Attachment D may authorize addition or removal of agency users.
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Packet Pg. 1545
D.8.a
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
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Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this CL
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agreement must be executed incorporating the Project as identified by number, budget, and scope of
work, Projects not included by modification will be ineligible for funding, regardless of Federal approval for
the Project.
(7) SCOPE OF WORK,
The Sub-Recipient shall perform the work in accordance with the Budget and Project List
—Attachment A and Scope of Work, Deliverables and Financial Consequences—Attachment B of this
Agreement.
(8) PERIOD OF AGREEMENT,
This Agreement shall begin upon execution by both parties and shall end six (6) months
from the date of declaration for Emergency Work(Categories A& B)or eighteen (18) months from
the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance
with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of"period of
0
performance''"contained in 2 C,F,R. §200.77, the term "period of agreement"refers to the time during
which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this
Agreement. In accordance with 2 CeF.R. §200.309, the Sub-Recipient may receive reimbursement under
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this Agreement only for''affowable costs incurred during the period of performance." In accordance with
section 215.971(l)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this
3
Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement.
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(9) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds. E
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
°
accordance with either Chapter 216, Florida Statutes„ or the Florida Constitution.
c, The Division will reimburse the Sub-Recipient only.for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement("Budget and Project List"). The
maximum reimbursement amount for the entirety of this Agreement is two million,, eight hundred fifty-eight
thousand, five hundred and thirty-five dollars and ninety-four cents($2,858,535,94).
Packet Pg. 1546
D.8.a
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d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award, I am aware that any
false, fictitious, or fraudulent information„ or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud,false statements; false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).'
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e The Division will review any request for reimbursement by comparing the aCL
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documentation provided by the Sub-Recipient in FloridaPA,org against a performance measure, outlined
in Attachment B, Scope of Work„ Deliverables, and Financial Consequences, that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable. M
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a"performance goal",which is defined in 2 C.F.R. §200.76 as
a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200,301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award,"
g. If authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
0
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If authorized by the Federal OL
Awarding Agency, and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when
E
no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or M
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other similar cause(see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit.
2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their
3
employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable
0
under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-
employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b)provides that E
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, 2
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court leave, military leave, administrative leave, and other similar benefits,are allowable if all of the
following criteria are met:
L They are provided under established written leave policies;,
iir The costs are equitably allocated to all related activities, including Federal
awards; and,
Packet Pg. 1547
D.8.a
iiiw The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C,F,R, §200-474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes„which includes submission of the claim on the approved state travel voucher. If the Sub-
0
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast„ $11 for lunch,.. and$19 for dinner),,then the Sub-Recipient must provide
documentation that
i, The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii° Participation of the individual in the travel is necessary to the Federal award.
i, The Division's grant manager,as required by section 215.971(2)(c), Florida Statutes, M
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j. As defined by 2 C.F.R. §200,53, the term"improper payment"means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount(including overpayments and underpayments) under statutory„contractual;,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received(except for such
payments where authorized by law), any payment that does not account for credit for applicable
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discounts, and any payment where insufficient or lack of documentation prevents a reviewer from M
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discerning whether a payment was proper.
(10)RECORDS
a. As required by 2 C.F.R. §200,336, the Federal awarding agency„ Inspectors General„
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the Comptroller General of the United States, and the Division, or any of their authorized representatives,;
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are E
pertinent to the Federal award, in order to make audits, examinations, excerpts„ and transcripts, The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of °
interview and discussion related to such documents, Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained,
bm As required by 2 C,F.R. §200.331(a)(5),the Division,the Chief Inspector General of
the State of Florida„ the Florida Auditor General,,or any of their authorized representatives, shall enjoy the
right of access to any documents.,financial statements„ papers, or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits„examinations„ excerpts, and transcripts.
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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 show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five(5)years from the date of
submission of the final expenditure report. The following are the only exceptions to the five (5) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 5-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency„ cognizant agency for audit, oversight agency for audit, cognizant agency for indirect M
costs„ or pass-through entity to extend the retention period...
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition,
iv° When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient.
v Records for program income transactions after the period of performance, In
some cases recipients must report program income after the period of performance, Where there is such
a requirement,the retention period for the records pertaining to the earning of the program income starts
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from the end of the non-Federal entity's fiscal year in which the program income is earned. IL
vi. Indirect cost rate proposals and cost allocations plans, This paragraph
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applies to the following types of documents and their supporting records; indirect cost rate computations M
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or proposals,,cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe
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benefit rates). �
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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 E
the records possess long-term retention value.
e. In accordance with 2 C,F.R. §200.335, the Division must always provide or accept
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paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper„electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews„ provide
reasonable safeguards against alteration„and remain readable„
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f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1)meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
a�
promptly recorded, The mere receipt of public funds by a private entity, standing alone, is insufficient to aCL
s
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then,.,to the extent that private entity is M
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds„ then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department,. Thus,, to the extent that the Government in the Sunshine Law applies to Z
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
0
governing board may be subject to open government requirements. These meetings shall be publicly
noticed„open to the public„ and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency(or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
3
perpetuate„ communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However,when a public entity delegates a public E
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus„ the nature and scope of the services provided by a private entity determine whether
a
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs„ in a form sufficient to determine compliance with the requirements
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and objectives of the Budget and Project List—Attachment A, Scope of Work—Attachment B, and all
other applicable laws and regulations.
(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement,the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP"has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2
C„F.R, §200,50,,, GAGAS„ "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States,which are applicable to M
financial audits,'
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance,
0
e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as"an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting
p p' p g packages for audits conducted in
accordance with 2 C.F.R. Part 200„ by or on behalf of the Sub-Recipient„ to the Division at the following
3
address. �
0
DBMSingle_Audit@em,myflorida com
OR E
Office of the Inspector General
2555 Shumard Oak Boulevard
a�
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http;Hharvester,census.govlfacicollecttddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
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IIII
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12)REPORTS
0
a. Consistent with 2 C.F.R. §200.328,the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 M
and December 31,
c. The closeout report is due sixty(60)days after termination of this Agreement or sixty
(60),days after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division"means that the work product was completed in accordance with the Budget and Project List—
Attachment A, and Scope of Work—Attachment B.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in
Attachment G—Public Assistance Program Guidance,
(13)MONITORING.
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as
0
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being E
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment B to this Agreement, and reported in the
°
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits„ and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedurestprocesses deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate,,the Sub-Recipient agrees to comply with any additional instructions provided by the Division
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to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General,. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
a Unless Sub-Recipient is a State agency or subdivision, as defined in section
0
768w28(2)„ Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement; as authorized by section 768.28(19)„ Florida Statutes, Sub-Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement, For purposes of this Agreement, Sub-Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
b, As required by section 768.28(19)„ Florida Statutes,, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2)„ Florida Statutes, agrees to be fully M
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768,28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract,
(15)DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any IL
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
3
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
0
Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to E
meet its obligations under this Agreement;
b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
°
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
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(16)REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this CL
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Agreement;
c. Withhold or suspend payment of all or any part of a request far payment;ment;
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, M
e. Exercise any corrective or remedial actions, to include but not be limited to
it Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance„
ii, Issue a written warning to advise that more serious measures may be taken Z
if the situation is not corrected,
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
E
Pursuing any of the above remedies will not stop the Division from pursuing any other M
CL
remedies in this Agreement or provided at law or in equity, if the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or
3
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
0
the Division for any other default by the Sub-Recipient.
(17)TERMINATION. E
a. The Division may terminate this Agreement for cause after thirty days written notice,
Cause can include misuse of funds, fraud,,lack of compliance with applicable rules,,laws and regulations,, °
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
paper„ letter„or other material subject to disclosure under Chapter 119 Florida Statutes, as amended.
bw The Division may terminate this Agreement for convenience or when it determines„ in
its sole discretion,,that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds„ by providing the Sub-Recipient with thirty(30)calendar days prior written
notice.
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c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement, The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated,:the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of aCL
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set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)PROCUREMENT
a, The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with alai applicable federal and state laws and regulations, to include 2 C.F.R. M
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200(entitled"Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
ca
b. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall"maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."'
c. As required by 2 C,F.R. §200 318(i),the Sub-Recipient shall"maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders."" In order to demonstrate compliance with this requirement, the Sub IL
-
Recipient shall document, in its quarterly report to the Division„ the progress of any and all subcontractors
performing work under this Agreement. CL
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_ §200w320(b), if the Sub-Recipient
3
chooses to subcontract any of the work required under this Agreement„then the Sub-Recipient shall
0
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 E
solicitation and provide comments, if any, to the Sub-Recipient within three(3)business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
°
standards outlined in 2 C,F,R. §§200 318 through 200.326 as well as Appendix II to 2 C.F,.R. Part 200,
Consistent with 2 C.,F,R, §200.318(k),the Division will not substitute its judgment for that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications:. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains
Packet Pg. 1555
D.8.a
i
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined above... If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may;
i. Terminate this Agreement in accordance with the provisions outlined in
0
paragraph (17)above,and,
ii, Refuse to reimburse the Sub-Recipient for any costs associated with that _
solicitation. CL
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e„ Except for procurements by micro-purchases pursuant to 2 G.F.R.§200.320(a)or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient 3
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 M
review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three(3)
business days„ Consistent with 2 C.F.R. §200.324,the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F,R, §§200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200,318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
E
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business M
CL
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may:
3
L Terminate this Agreement in accordance with the provisions outlined in
0
paragraph (17) above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that E
subcontract.
f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is
°
bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal
laws and regulations, and (ii)the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this E
Agreement,;to the extent allowed and required by law, �
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D.8.a
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g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall"maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C,F.R. §200.319(a), the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full and open competition." Accordingly, the
Sub-Recipient shall not:
3
0
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding; CL
C
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance, Z
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for IL
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
CL
encourage"'otherwise„the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e.
0
sealed bids) in accordance with 2 C.F,R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
k,, The Sub-Recipient shall conduct any procurement involving requests for proposals E
(i.e. competitive proposals) in accordance with 2 C.F.R„ §200.320(d)as well as section 287 057(1)(b), �
Florida Statutes.
°
1. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288,703„
Florida Statutes. Additionally,, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200,321 E
("Contracting with small and minority businesses,women's business enterprises,and labor surplus area
firms")
(19)ATTACHMENTS
Packet Pg. 1557
D.8.a
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a. All attachments to this Agreement are incorporated as if set out fully..
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 -Funding Sources
0
ii. Attachment A—Budget and Project List
iii. Attachment B—Scope of Work, Deliverables, and Financial Consequences
iv. Attachment C—Certification Regarding Debarment CL
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V. Attachment D—Designation of Authority
vi. Attachment E—Statement of Assurances
vii. Attachment F—Election to Participate in PA Alternative Procedures (PAAP)
viii. Attachment G—Public Assistance Program Guidance M
ix. Attachment H—FFATA Reporting
X. Attachment I—Mandatory Contract Provisions
xi, Attachment J—DHS OIG Audit Issues and Acknowledgement
xii. Attachment K—Justification of Advance Payment
(20)PAYMENTS
a, Any advance payment under this Agreement is subject to 2 C.F.R- §200,305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account unless otherwise governed by program specific waiver. if an advance payment is
requested, the budget data on which the request is based and a justification statement shall be submitted
along with this agreement at the time of execution by completing Attachment K—Justification of Advance
E
Payment. The request will specify the amount of advance payment needed and provide an explanation of M
CL
the necessity for and proposed use of these funds. Any advance funds not expended within the first
ninety(90) days of the contract term must be returned to the Division Cashier within (30) days, along with
3
any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has
0
been paid prior to the submittal of a request for advanced payment. After the initial advances if any,
payment shall be made on a reimbursement basis as needed,. E
b, Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within thirty(30)
°
days after the expiration date of the agreement or completion of applicable Project„whichever occurs first.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to
the Division Grant Manager as part of the Sub-Recipient"s quarterly reporting as referenced in Paragraph
(12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress„the federal Office of Management and Budgeting, the State Chief
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D.8.a
N
Financial Officer or under subparagraph(9)b, of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this agreement, subject to the
exhaustion of appeals, are due no later than thirty(30)days from notification by the Division of funds due.
0
FEMA only allows thirty(30)days from deobligation for the funds to be repaid before it will refer the
amount to the FEMA Finance Center(FFC)for collection.
b. The Sub-Recipient understands and agrees that the Recipient may offset funds due CL
C
and payable to the Sub-Recipient until the debt to the State is satisfied. In such event, the Recipient will
notify the Sub-Recipient via the entry of notes in FloridaPA,org,
c. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
d In accordance with Section 215.34(2)„ Florida Statutes„ if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15,00 or 5%,
of the face amount of the returned check or draft,whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall„ at the option of the
0
Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient. E
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
°
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable„ then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement,
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d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336,42 U.S.C. Section 12101 et-seq. ,which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
0
goods or services to a public entity,may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier,,subcontractor, or aCL
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consultant under a contract with a public entity, and may not transact business with any public entity in
excess of$25„000.00 for a period of 36 months from the date of being placed on the convicted vendor list 3
or on the discriminatory vendor list,
f. Any Sub-Recipient which receives funds under this Agreement from the federal M
government, certifies, to the best of its knowledge and belief, that it and its principals'
i. Are not presently debarred, suspended„ proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency,
ii, Have not,within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining„
attempting to obtain„ or performing a public(federal, state or local)transaction or contract under public
transaction;, violation of federal or state antitrust statutes or commission of embezzlement, theft,forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii, Are not presently indicted or otherwise criminally or civilly charged by a IL
governmental entity(federal,state or local)with commission of any offenses enumerated in paragraph
(22)f. i'i. of this certification; and, CL
iv, Have not within a five-year period preceding this Agreement had one or more
public transactions (federal„ state or local)terminated for cause or default.
3
g. If the Sub-Recipient is unable to certify to any of the statements in this certification,
0
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition,the Sub-Recipient shall send to the Division (by email or by E
facsimile transmission)the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment C)for the Sub-Recipient agency and each
°
intended subcontractor which Sub-Recipient plans to fund under this Agreement. The form must
be received by the Division before the Sub-Recipient enters into a contract with any
subcontractor.
i° The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
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provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount unless otherwise governed by program specific waiver.
k. The State of Florida will not intentionally award publicly-funded contracts to any
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contractor who knowingly employs unauthorized alien workers„ constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the immigration and Nationality Act
("INA'")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation C
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by 3
the Division. 0
I. All unmanufactured and manufactured articles, materials and supplies which are M
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch,or a state agency.°"'
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c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
3
or her knowledge and belief,
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i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient„ to any person for influencing or attempting to influence an officer or E
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
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Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation„ renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement. E
ii- If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress„ an officer or employee of Congress„ or an employee of a Member of Congress in
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connection with this Federal contract, grant, loan or cooperative agreement,the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"in accordance with its
instructions.
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose
accordingly. o
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not
more than$100,000 for each such failure.
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(24)COPYRIGHT PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patentor copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement,or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books„manuals, films, or other copyrightable
material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
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connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. Within thirty(30)days of execution of this Agreement, the Sub-Recipient shall
disclose all intellectual properties relating to the performance of this Agreement which he or she knows or
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should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate
that no such property exists. The Division shall then, under Paragraph (24)b have the right to all E
patents and copyrights which accrue during performance of the Agreement,
d. If the Sub-Recipient qualifies as a state university under Florida law„then, pursuant
to section 1004 23„ Florida Statutes,any invention conceived exclusively by the employees of the Sub-
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Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions,that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes.
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(25)LEGAL AUTHORIZATION.
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
(26)EOUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will M
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
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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 o
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor,,state that all
qualified applicants will receive considerations for employment without
regard to race„color,, religion, sex, or national origin,
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
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iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
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vi. In the event of the contractors noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled,terminated, or
suspended in whole or in part and the contractor may be declared 3
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 E
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law. C
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1)and the provisions of paragraphs
(1)through(7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24,, 1965„ so that C
such provisions will be binding upon each subcontractor or vendor. The o
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 CL
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b, The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided„ that if the applicant so participating is a State or local government, the above equal M
opportunity clause its not applicable to any agency„ instrumentality or subdivision of such government
which does not participate in work on or under the contract, C
c. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules„ regulations, and relevant orders of the C
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Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance„ and that it will otherwise assist
the administering agency in the discharge of the agency primary responsibility for securing compliance...
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d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order, In
0
addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel;,terminate„ or suspend in whole
or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub-Recipient; and refer the case to the 3
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work„ or modification thereof,;
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C, §874,
40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any o
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require„ and also a clause requiring the as
subcontractors to include these clauses in any lower tier subcontracts..
The prime contractor shall be responsible for the compliance by any IL
subcontractor or lower tier subcontractor with al of these contract
clauses.
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ilia Breach. A breach of the contract clauses above may be grounds
for termination of the contract,, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §5,12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS o
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract E
that exceeds$100„000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of forty(40)
hours, Work in excess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty
(40) hours in the work week, The requirements of 40 U,S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary,, hazardous or dangerous. These requirements do not apply to the
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251
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract
that exceeds$150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act(42 U.S.G. 7401-7671q) o
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).
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(30)SUSPENSION AND DEBARMENT
Per 2 C.F.R. 200.213 Suspension and debarment, non-Federal entities are subject to the
non-procurement debarment and suspension regulations implementing Executive Orders 12549 and
12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain M
parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs or activities,
If the Sub-Recipient,,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions,
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt- 180 and 2 C,F.R� pt. 3000, As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C F,R § 180,.940)or disqualified (defined at 2 C.F.R. §
18Q 935).
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i. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C„F„R, pt. 3000,subpart C and must inciVude a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
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iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
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iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer, The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions,
(31)BYRD ANTI-LOBBYING AMENDMENT E
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause
Byrd Anti-Lobbying Amendment,31 U.S C. § 1352 (as amended).
Contractors who apply or bid for an award of$100„000 or more shall file
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the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the o
recipient.
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS
ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200,321, the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus o
area firms are used whenever possible:
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i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists,;
ii. Assuring that small and minority businesses„and women's business
enterprises are solicited whenever they are potential sources;, .�
iii. Dividing total requirements,when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
c
iv, Establishing delivery schedules, where the requirement permits,which
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encourage participation by small and minority businesses, and women's business enterprises;
v, Using the services and assistance,; as agoropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of aCL
s
Commerce-, and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as M
"socioeconomic contracting,„"does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out and �
c
document the six affirmative steps identified above.
c. The"socioeconomic contracting"requirement outlines the affirmative steps that the
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
c
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
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D.8.a
27
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures(e.g. "project splitting").
(33)ASSURANCES.
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment E,
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IN WITNESS WHEREOF„ the parties hereto have executed this Agreement..
SUB-REC7titte: 67oj�
COUNTY
/1 � C!E!!IC
By' BY,1
Name and � DEIVW CLERK
Date 2- 2 I
FEID#59-6000749 CL
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
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By.
Name and Title:Wesley Maul„ Director
Date:
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MONROE COUNTY ATTORNEY
APP 0 EO AST i,!ORM
CHRISTINE LIMBERT HARROWS o
ASSISTANT COW TTORNEY �
DATE:
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EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
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Federal Program
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Federal agency: Federal Emergency Management Agency: Public Assistance Program
Catalog of Federal Domestic Assistance: 97.036
Amount of Federal Funding: $2,858,535,94
0
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES M
AWARDED UNDER THIS AGREEMENT:
2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
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0 44 C.F.R. Part 206
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,, as
amended, 42 U.S.C. 5121 et seq,„ and Related Authorities
• FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or
after April 1 2017)
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Federal Program:
1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Public
IL
Assistance Program and Policy Guide„ 2017 and approved Project Worksheet(s). Eligible work is
classified into the following categories: _
Emergency Work
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Category A: Debris Removal
Category B: Emergency Protective Measures
Permanent Work
Category C: Roads and Bridges
Category D: Water Control Facilities c
Category E, Public Buildings and Contents
Category F; Public Utilities
Category G: Parks„ Recreational, and other Facilities
2, Sub-Recipient is subject to all administrative and financial requirements as set forth in this
a
Agreement,, or will be in violation of the terms of the Agreement.
NOTE:Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs and State Projects included on pg. 1 of this subgrant
agreement and in Exhibit 1 be provided to the Sub-Recipient.
Packet Pg. 1570
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Attachment A
Budget and Project List
Budget:
The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW)that
the Federal Emergency Management Administration(FEMA) has obligated for a Sub-Recipient at the
time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this
Agreement. The PW(s)that have been obligated are:
DR-4337 Sub-Recipient: MONROE COUNTY
PW Cat Project Title Estimated Fed Federal State Local Total Funding _
# Total % Share Share Share
22(0) B Force Account $Z667,613.65 100% $2,667,613.65 0 0 $2,657,613.65
Labor first 30
days
39(0) B Fire Rescue $106,465 29 100% $106„465.29 0 0 $106,465,29
Medical
Supplies
4 i(0) 8 Temporary $60,,949 50 100% $60,949.50 0 0 $60,,949.50
Sanitary
Facilities
Rentals for 100
48a B Temporary $23,507.50 100- $23,507 50 0 0 $23,,507.50
fence
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DIP-4337ToW ,858,53594
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Attachment B
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scone of Work
Complete eligible Projects for emergency protective measures, debris removaill„ repair or replacement of
Disaster damaged facilities.
When FEMA has obligated funding for a Sub-Recipient's PW,the Division notifies the Sub-Recipient with
a copy of the PW(or P2 Report) A Sub-Recipient may receive more than one PW and each will contain
a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as
necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will
be monitored,completed and reimbursed independently of the other Projects which are made part
of this Agreement.
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Deliverables
Large Projects
Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large
Project costs shall be based on the percentage of completion of the individual Project, Any request for
reimbursement shall provide adequate, well organized and complete source documentation to support all
costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA.
Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment.
Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon-
0
• Timely submission of Quarterly Reports(due 30 days after end of each quarter)-
• Timely submission of invoices (Requests for Reimbursement)at least quarterly and supported by
documentation for all costs of the project or services. The final invoice shall be submitted within
sixty(60) days after the expiration of the agreement or completion of the project, whichever IL
occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices
shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly
reporting as referenced in Paragraph 7 of this agreement.
• Timely submission of Request for Final Inspection (within ninety(90)days of project completion—
for each project).
• Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA)forms G702
and G703, as required below.
:r A.Affidavit, The Recipient is required to submit an Affidavit signed by the Recipient's o
project personnel with each reimbursement request attesting to the following: the
percentage of completion of the work that the reimbursement request represents,that E
disbursements or payments were made in accordance with all of the Agreement and
regulatory conditions, and that reimbursement is due and has not been previously
requested.
cii B. AIA Forms G702 and G703. For construction projects where an architectural,
engineering or construction management firm provides construction administration
services, the Recipient shall provide a copy of the American Institute of Architects(AIA)
form G702, Application and Certification for Payment, or a comparable form approved by as
the Division, signed by the contractor and inspection/certifying architect or engineer„ and
a copy of form G703, Continuation Sheet, or a comparable form approved by the
Division
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Five percent(5%)of the total eligible amount(including Federal, state and local shares)will be withheld
from payment until the final Request for Reimbursement(or backup for advance expenditure)has been
verified as acceptable by the Division's grant manager„which must include dated certification that the
Project is 100% complete. Further, all required documentation must be available in FloridaPA,org prior to
release of final 5%,to 'include permits„ policies&procedures, procurement and insurance documents.
Small Projects
Small projects will be paid upon obligation of the Project Worksheet. Sub-Recipient must initiate the
Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than o
the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA,org,,
selecting the Sub-Recipient's account„ then selecting'Create New Request'„ and selecting 'New Small
Project Completion/Closeout', Complete the form and 'Save°. The final action is to Advance the form to
the next queue for review.
Financial Consequences:
For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal, state and local
requirements,the Division shall withhold a portion of the funding up to the full amount. Any funds
advanced to the Sub-Recipient will be due back to the Division,
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Attachment C
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient, certifies, by submission of
this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Sub-recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
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w._._.�,,,,�A
Signature Sub-Recipient's Name
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Name and Title DEM Contract Number
Street Address FEMA Project Number
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City, State Zip
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Attachment D
DESIGNATION OF AUTHORITY
The Designation of Authority Form is submitted with each new disaster or emergency declaration to
provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org
system in order to enter notes„ review notes and documents, and submit the documentation necessary to
work the new event.. The Designation of Authority Form is originally submitted as Attachment"D"to the PA
Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate o
contact should review the agency contacts at least quarterly. The Authorized Representative can request
a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is
correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A
new form will only be needed if all authorized representatives have separated from your agency. Note that aCL
s
if a new Designation form is submitted„ all Agency Representatives currently listed as contacts that are not
included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the
system, not supplemented.All users must log in on a monthly basis to keep their accounts from becoming
locked.
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Instructions for Completion E
Complete the form in its entirety,,listing the name and information for all representatives who will be working
in the FloridaPA.org Grant Management System. Users will be notified via email when they have been c
granted access.The user must log in to the FloridaPA.org system within 12 hours of being notified or their
account will lock them out. Each user must log in within a 60-day time period or their account will lock them
out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link
on the home page.
The form is divided into twelve blocks; each block must be completed where appropriate. o
Block 1: "Authorized Agent"—This should be the highest authority in your organization who is authorized
to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this
person will have full access/authority unless otherwise requested). QL
Block 2: "Primary Agent" — This is the person designated by your organization to receive all a�
correspondence and is our main point of contact.This contact will be responsible for answering questions, CL
C
uploading documents, and submitting reports/requests in FloridaPA.org. The Primary Agent is usually not
the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities.
(Only one Primary Agent is allowed and this contact will have full access).
Block 3: "Alternate Agent"--This is the person designated by your organization to be available when the o
Primary is not. (Only one Alternate Agent is allowed and this contact will have full access).
Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance, and Environmental-
Historic).. Providing these contacts is essential in the coordination and communication required between
state and local subject matter experts.. We understand that the same agent may be identified in multiple ca
blocks, however we ask that you enter the name and information again to ensure we are communicating
with the correct individuals.
Block 7—12: "Other" (Read Only Access)—There is no limit on"Other"'contacts but we ask that this be
restricted to those that are going to actually need to log in and have a role in reviewing the information,
This designation is only for situational awareness purposes as individuals with the"Other Read-Only"
designation cannot take any action in FloridaPA.org.
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DESIGNiXTION OF AUTHORITY(AGENTS)
FE*%IAIGR.AN1'EE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY NIANAGENIENT
Sub-Grantee:
Box 1: Authorized Agent(full Access) Box 2: Primary Agent(Full Access)
Agent's Name Agent's Name
Signature Signature
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Organization P Official Position Organization(Official Position
Mailing.Address Nlathng Adchtaws
City,State,Zip Crt)",State,Zip �
Daytime Telephone Dat time Telcphonmt
E-mail Addiri^s:r, E-mail Addre°es
0
Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Accesa4)
Agent's Name Oliacial"'s Name
Signature Signature
Organization�Official Position Organization I Official Position O
°
Moiling,Address Mailing Address
City State„Zip City,State,Zip �y
Daytime Telephone Da}tin me Tcl epone
0
E-mail Address E-mail Address U
O
Box S: Other-Risk Nigmt-Insuranee(Full Access) Box 6: Other-Environmental-Historic(full Access)
Agent's Name Agent's Name IL
Signature Signature
Organtaatmon C9fhctal Position Organization I Official Position tig
l�
Mat lmng Address lviailing Address �
Cu)„State„7_tp Cuy„State,71p
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Da)Iime Telephone Daytime Telephone
E-mail Address E-mail Address
The above Primal}and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the
purpose of obtaining certain Grantee and Federal financial assistance under the Robert T Stafford Di ter Rchcf c&Emergency Assistance Act,,(Public La,%% �
93-288 as amended)or otherwise a>ailable,These agents am authorized to represent and act ror the Sub-Grantee in all dealings wth the State of Florida,
Grantee,for all matters pertaimng to such disaster assistance previously signed and executed b) the Grantee and Sir -grantee Additional contacts may be
placed on page 2 of this document for read only access by the above Authorized Agents,
Suh-Gra Agent S ntee Authorized Ageign
- attire
O
Date
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316
DESIGNATION OF AUTHORITY(AGENTS)
FEMA/CRANTEE PUBLIC ASSISTANCE PROGWVNI
FLORIDA DIVISION OF EM ERG ENCYMANAG EM ENT
Sub-Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
0
Organization/Official Position Organization t Official Posanon
Mailing Address Mading Address
City,State,Zip City,State,Zip
Daytime Telephone Daytime'relephone
E-mail Address E-mail Address
0
Box 9: Other (Read Only Access) Box 10: Other (Read Only Access)
Agcm's Name Official"s Name E
Signature Signature
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M
Organization/Official Poiksm Organization, Official Position .2
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Daytime Telephone Daytime Telephone C
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E-mail Address E-mail Address
Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) 0,
Agent's Name Agent's Name CL
Signature Signature
Organization/Ofticial Position
Orgam7autinI Official Position tig
Mailing Adilre%s Mailing Address
City,State,Zip City,Stale,Zip
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Daytime'l"clephonc Daytime Telephone W
_GmailAddress E-mail Address E
Sub-Granlec's Fiscal Year(FY)Start: Month: Day: C
......................................................................................._ M
Sub-Grantee's Federal Employer's Identification Number(El N)
...............
Sub-Grarffcc's Grantee Cognizant Agency for Single Audit Purposes, Florida Division or Emergency Management
............... .............
Sub-Granice's- HIPS Number(If Known)
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NOTE- This Corm should be rc%iewed and necessary updates should be made each quarter to maintain efficient communication and con0mary
throughout staff turnmer Updates may be made by email to the state team assigned to your account A new form will only'be needed if all
authorized irepresentain,es have separated front your agency, Be a%%-dFC that submitlinga neuDLsignation of Authority affects the contacts that fime
been listed on previous Designation forms in that the information in FloridaPA orgkvill be updated and the contacts listed above will replace,not
supplement,the contacts on the pre%rous list
RE%' 09-09-2017 DISCARLIPMVIOUSVERSIONS
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Attachment E
STATEMENT OF ASSURANCES
1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies,
guidelines, and requirements, including but not limited to OMB Circulars No.A-21, A-87,A-110,A-
122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and
use of Federal funds for this Federally-assisted project.
2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient
assures and certifies that:
a. It possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action has been duly adopted
or passed as an official act of the Sub-Recipient's governing body,authorizing the filing 3
of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the Sub- o
Recipient to act in connection with the application and to provide such additional
information as may be required. E
bw To the best of its knowledge and belief the disaster relief work described on each
Federal Emergency Management Agency (FEMA) Project Application for which
Federal Financial assistance is requested is eligible in accordance with the criteria
contained in 44 C.F.,R. §206, and applicable FEMA policy documents.
c. The emergency or disaster relief work therein described for which Federal Assistance
is requested hereunder does not, or will not, duplicate benefits available for the same
loss from another source.
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3) The Sub-Recipient further assures it willm
a, Have sufficient funds available to meet the non-Federal share of the cost for
construction projects.. Sufficient funds will be available when construction is completed
to assure effective operation and maintenance of the facility for the purpose
constructed, and if not it will request a waiver from the Governor to cover the cost.
b, Refrain from entering into a construction contract(s)for the project or undertake other
activities until the conditions of the grant program(s) have been met, all contracts meet
Federal, State, and local regulations.
c, Provide and maintain competent and adequate architectural engineering supervision
and inspection at the construction site to ensure that the completed work conforms to
the approved plans and specifications„and will furnish progress reports and such other
information as the Federal grantor agency may need.
d, Cause work on the project to be commenced within a reasonable time after receipt of
notification from the approving Federal agency that funds have been approved and will
see that work on the project will be done to completion with reasonable diligence.
°2
e. Not dispose of or encumber its title or other interests in the site and facilities during the
period of Federal interest or while the Government holds bonds, whichever is longer.
f, Provide without cost to the United States and the Grantee/Recipient all lands,
easements and rights-of-way necessary for accomplishment of the approved work and
will also hold and save the United States and the Grantee/Recipient free from damages
due to the approved work or Federal funding,
g. Establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
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themselves or others,particularly those with whom they have family,business,or other
ties.
h. Assist the Federal grantor agency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended, Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 by:
i„ consulting with the State Historic Preservation Officer on the conduct of
investigations„ as necessary, to identify properties listed in or eligible for
inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties; and
ii. by complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties,
i, Give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records„ books„ papers, or
documents related to the grant.
j. With respect to demolition activities:
i. create and make available documentation sufficient to demonstrate that the E
Sub-Recipient and its demolition contractor have sufficient manpower and
equipment to comply with the obligations as outlined in this Agreement;
ii� return the property to its natural state as though no improvements had been
contained thereon;;
iii, furnish documentation of all qualified personnel„ licenses, and all equipment
necessary to inspect buildings located in Sub-Recipient's jurisdiction to detect
the presence of asbestos and lead in accordance with requirements of the U.S.
Environmental Protection Agency, the Florida Department of Environmental
Protection, and the appropriate County Health Department;
iv provide documentation of the inspection results for each structure to indicate
safety hazards present, health hazards present„ and/or hazardous materials IL
present;
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v. provide supervision over contractors or employees employed by the Sub- M
Recipient to remove asbestos and lead from demolished or otherwiseCL
applicable structures;
vi, leave the demolished site clean, level„ and free of debris;;
3
vii, notify the Grantee/Recipient promptly of any unusual existing condition which
0
hampers the contractors work:
viii. obtain all required permits; E
ix, provide addresses and marked maps for each site where water wells and
septic tanks are to be closed, along with the number of wells and septic tanks
located on each site,, and provide documentation of such closures,„ °
X. comply with mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act; as
xi. comply with all applicable standards, orders, or requirements issued under
Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act,
Executive Order 11738, and the U.S. Environmental Protection Agency
regulations. (This clause must be added to any subcontracts); and
xii, provide documentation of public notices for demolition activities.
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k Require facilities to be designed to comply with the"American Standard Specifications
for Making Buildings and Facilities Accessible to, and Usable by the Physically
Handicapped,," Number A1171-1961,, as modified. The Sub-Recipient will be
responsible for conducting inspections to ensure compliance with these specifications
by the contractor...
1, Provide an Equal Employment Opportunity Program, if required to maintain one,where
the application is for$500„000 IN:or more.
m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay
within the required time period„ begin working with the Grantee/Recipient in good faith
to agree upon a repayment date.
n. In the event a Federal or State court or Federal or State administrative agency makes
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a finding of discrimination after a due process hearing on the Grounds of race, color,
religion, national origin,sex, or disability against a recipient of funds,forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
3
4) The Sub-Recipient agrees it will comply with the:
a, Requirements of all provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 which provides for fair and equitable treatment of
persons displaced as a result of Federal and Federally-assisted programs.
b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq.which limit certain political
activities of employees of a State or local unit of government whose principal
°
employment is in connection with an activity financed in whole or in part by Federal
grants.
c, Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief
appropriations, and employment„contributions,, and solicitations.
d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards o
Act.
e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and
laborers (including watchmen and guards) employed on Federally assisted contracts IL
be paid wages of not less than one and one-half times their basic wage rates for all
hours worked in excess of forty hours in a work week.
f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least
the minimum prescribed wage, and also that they be paid one and one-half times their
basic wage rates for all hours worked in excess of the prescribed work-week.
3
g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs"of
wages in Federally financed or assisted construction activities.
h. Requirements imposed by the Federal sponsoring agency concerning special M
requirements of law, program requirements, and other administrative requirements. It
further agrees to ensure that the facilities under its ownership, lease or supervision
which are utilized in the accomplishment of the project are not listed on the
Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify
the Federal grantor agency of the receipt of any communication from the Director of
the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, which requires that on and after March 2, 1975, the purchase
of flood insurance in communities where such insurance is available, as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards.The phrase
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"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate,subsidy, disaster assistance loan or grant, or any other form of direct
or indirect Federal assistance.
j, Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other
insurance as may be reasonable„ adequate and necessary to protect against further
loss to any property which was replaced,, restored, repaired, or constructed with this
assistance. Note that FEMA provides a mechanism to modify this insurance
requirement by filing a request for an insurance commissioner certification (ICC). The
state's insurance commissioner cannot waive Federal insurance requirements but may o
certify the types and extent of insurance reasonable to protect against future loss to an
insurable facility, E
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k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of C
1968„ as amended„ the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act„ as appropriate„ the provisions of the current edition of the Office
of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all
other applicable Federal laws„ orders, circulars, or regulations, and assure the
compliance of all'its Sub-Recipients and contractors. o
1, Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part E
18„Administrative Review Procedure,; Part 20µ Criminal Justice Information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review
of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to ca
Federal Assistance Programs.
m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint o
in construction of rehabilitation or residential structures.
n. Energy Policy and Conservation Act and the provisions of the State Energy
Conservation Plan adopted pursuant thereto. IL
o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act
of 1968,,, as amended, or Victims of Crime Act (as appropriate); Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with aCL
s
Disabilities Act(ADA) (1990),; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations; and
Department of Justice regulations on disability discrimination, and assure the
compliance of all its Sub-Recipients and contractors.
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p, Provisions of Section 311, P.L. 93-288 and with the Civil Rights Act of 1964 (P.L. 83-
352) which„ in Title VI of the Act, provides that no person in the United States of
America, Grantees/Recipients shall, on the ground of race, color, or national origin„ be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Sub-Recipient receives
Federal financial assistance and will immediately take any measures necessary to
effectuate this agreement. If any real property or structure is provided or improved with
the aid of Federal financial assistance extended to the Sub-Recipient„ this assurance
shall obligate the Sub-Recipient or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits,
q, Provisions of Title IX of the Education Amendments of 1972, as amended which
prohibits discrimination on the basis of gender.
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r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism.
s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended,
relating to confidentiality of alcohol and drug abuse patient records.
t. Provisions of all appropriate environmental laws, including but not limited to:
i. The Clean Air Act of 1955, as amended;
0
ii. The Clean Water Act of 1977, as amended;
iii. The Endangered Species Act of 1973;
iv. The Intergovernmental Personnel Act of 1970; CL
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v. Environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969;
3
vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or
potential components of the national wild and scenic rivers system;
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vii. The Fish and Wildlife Coordination Act of 1958;
viii. Environmental standards which may be prescribed pursuant to the Safe 0
Drinking Water Act of 1974, regarding the protection of underground water
sources;
ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated
October 19, 1982 which prohibits the expenditure of newest Federal funds
within the units of the Coastal Barrier Resources System.
u. The provisions of all Executive Orders including but not limited to:
h Executive Order 11246 as amended by Executive Orders 11375 and 12086,
and the regulations issued pursuant thereto;which provide that no person shall
be discriminated against on the basis of race:, color, religion, sex or national
origin in all phases of employment during the performance of Federal or IL
Federally assisted construction contracts; affirmative action to insure fair
treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoffltermination; rates of pay or other forms of
compensation„ and election for training and apprenticeship..
ii. EO 11514 (NEPA).
iii. EO 11738(violating facilities).
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iv EO 11988(Floodplan Management).
v. EO 11990(Wetlands).
vi,. EO 12898 (Environmental Justice).
5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE
as required by the Drug-Free Workplace Act of 1988.
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This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans,
reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance
extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial
assistance will be extended in reliance on the representations and agreements made in this Assurance and
that both the United States and the Grantee/Recipient have the joint and several right to seek judicial
enforcement of this assurance.This assurance is binding on the Sub-Recipient,its successors„transferees„
and assignees
FOR THE SUBGRANTEE/SUB-RECIPIENT :
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Signature
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Tina Boan, Sr Director Budget& Finance 0 310 5/2 0 1 8
Printed Name and Title Date
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Attachment F
Election of Participation in
Public Assistance Alternative Procedures(PAAP) Pilot Program
Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the
Sandy Recovery Improvement Act (Division B of P.L. 113-2), execution of a Supplemental Funding
Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub- o
Recipient prior to the payment of such funds by the State as the Recipient,
Payments processed under the Alternative Procedures provisions will be requested as an advance and
are exempt from advance requirements covered by Section 216.181(16);, Florida Statutes. They will, E
however,, be treated as an advance for purposes of Requests for Reimbursement(RFRs)and satisfaction
of the requirement that ninety percent(90%)of previously advanced funds must be accounted for prior to
receiving a second advance-
In order to elect to participate in the PAAP program for one of the following options, you must read the
Guidance found at httj2s://www.fema,gov/alternative-nrocedures and then complete the required
documents on the following pages. The documents can be found under the Permanent Work section of E
the webpage in editable -pdf format if preferred.
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PAAP for Debris Removal Cate o A Required Documents: M
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• Public Assistance for Alternative Procedures Pilot Program for Debris Removal
Acknowledgement
httpsJ/www fema.gov/media-librarv-data/l 50 811 6 6 9-
4 f a9 e3e22d 50 563b b62e 1/APPENDIX A Revised for limited sli ina scale 8-23-
ILE& C
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PAAP for Permanent Work(Categories C-G Required documents:
• Fixed Subgrant Agreement Letter
tosJ/ fe. ma.aovl a ia-library® et 138 15 7 5
38 ea7 6cae b04 c37127 f722/50 Alternative Procedures ilot Pro ra er an
ent Work FixedSub rant Agreement etter%201 -13-1 f
• Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement
https://www.f(Ima.aov/media-libra!y-datall 388155802544-
11629c78f8308b5c4l2Odebl35460129/PA Alternative Procedures Pilot Pro ra - Permanent a
Work Acknowled92MOMMAkii-MY o
All PAAP Related Documents(guides, Fact Sheets, Standard Operating Procedures, FAQs,Archived
Docs, etc.) may be found at: tt s°11 feMil ciov/media-lit)rappElgaasase2tisE/dgogcguments/115868
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Note:PAAP Pilot Program Guide for Debris Removal(Version 5)published June 28, 2017 contains the
following changes:
The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for a
one year to June 27, 2018. As part of the extension, FEMA will only authorize the sliding scale provision
in events with significant debris impacts.The other three provisions available under the Pilot remain
unchanged.
For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot°s sliding scale
provision to high impact incidents that meet the following criteria: nigh concentration of localized damage;
Packet Pg. 1584
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large quantities of debris (over$20M or 1.5 million cubic yards); and disasters declared very soon after
the incident(8 days)to incentivize rapid debris removal.
This guide is applicable to disasters declared on or after June 28, 2017.The changes to the sliding scale
provision are applicable to disasters declared on or after August 28, 2017. This version of the pilot
guide supersedes the previous pilot guide for debris removal(W)which was published June 28, 2016.
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Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency
Management Agency(FEMA) is implementing alternative procedures for the Public Assistance(PA)
Program through a pilot program.
As a representative of the subrecipient, we elect to participate in the following:
o Accelerated Debris Removal-increased Federal cost share (sliding scale) o
x Recycling Revenue(subrecipient retention of income from debris recycling without a award offset)
x One-time incentive for a FEMA-accepted debris management plan and identification of at least one as
pre-qualified contractor
x Reimbursement of straight time force account labor costs for debris removal
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1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its
debris removal subawardsa E
2. For the sliding scale,,the subrecipient accepts responsibility for any costs related to debris operations C
after six months from the date of the incident unless, based on extenuating circumstances, FEMA
grants a time extension.
3, The subrecipient acknowledges that FEMA may request joint quantity evaluations and details
regarding subrecipient operations necessary to assess the pilot program procedures..
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4. All contracts must comply with local, state, and Federal requirements for procurement, including
provisions of 2 CFR Part 200.
5. The subrecipient must comply with all Federal, state and local environmental and historic CL
preservation laws, regulations, and ordinances. CL
6. The Office of Inspector General may audit any subrecipient and/or subaward.
ry
0310
1201 B
Signaturd of Subrecipient's Authorized Representative Date
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Tina Boan, Sr. Director Budget& Finance
Printed Name and Title
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Monroe County
Sub-Recipient Name PA ID Number
13 We elect to not participate in the Alternative Procedures for Debris Removal.
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FIXED SUBGRANT AGREEMENT LETTER
DATE;
To Address-
0
To FEMA:
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As a Public Assistance(PA) Sub-Recipient
(PA ID )„ in accordance with Section 428 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, we agree to accept a permanent work subgrant based on a fixed
estimate in the amount of$ for subgrant number (copy attached)
under Disaster## We accept responsibility for all costs above the fixed estimate. M
E
We understand that by participating in this pilot program we wil be reimbursed for allowable costs in Cl
accordance with 44 CFR§ 13.22(b)—'Applicable cost principles', the reimbursement will not exceed the
fixed estimate.We also understand that by agreeing to this fixed estimate, we will not receive additional
funding reltated to the facilities or sites included in the subgrant.We also acknowledge that failure to
comply with the requirements of applicable laws and regulations governing assistance provided by FEMA
and the PA alternative procedures pilot program guidance(such as procurement and contracting;
environmental and historic preservation compliance; and audit and financial accountability) may lead to
loss of Federal funding.
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Signature of Sub-Recipient's Authorized Representative Date
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Printed Name and Title 0
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Signature of Grantee's Authorized Representative Date
M
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Printed Name and Title
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Public Assistance Alternative Procedures Pilot Program for Permanent Work
Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013,the Federal Emergency Management
Agency(FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a
pilot program.As a representative of the Sub-Recipient, our agency understands the following:.
1.We plan to participate in the following elements:
0
E) Subgrants based on fixed estimates, and as the Sub-Recipient, accept responsibility for costs
above the estimate
a�
(D Consolidation of multiple fixed subgrants into a single subgrant CL
r:I FEMA validation of Sub-Recipient-provided estimates
3
(E) Elimination of reduced eligible funding for alternate projects
0
Use of excess funds cu
E
h Review of estimates by an expert panel for projects with a Federal share of$5 million or greater
2: The pilot is voluntary,, and a Sub-Recipient may participate in alternative procedures for one or more
large project subgrants:
3. If the Sub-Recipient accepts a fixed subgrant estimate,the Sub-Recipient understands they are
responsible for all costs greater than the fixed amount,
4. The Sub-Recipient agrees to notify the Grantee regarding the specific use of excess funds. o
5 All contracts must comply with local, State, and Federal requirements for procurement, including
provisions of 44 CFR Part 13. E
a
6. The Office of Inspector General may audit any Sub-Recipient and/or subgrant.
E
M
7. EHP review must be completed for all subgrants, including cases where new scopes of work would aCL
s
require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this
requirement may lead to loss of Federal funding.
3
8. The Sub-Recipient may submit appeals in accordance with 44 CFR§206.206. However, FEMA will not
consider appeals solely for additional costs on fixed subgrants. o
E
Signature of Sub-Recipient's Authorized Representative Date
a
Printed Name and Title
Sub-Recipient Name PA ID Number
We elect to not participate in the Alternative Procedures for Permanent Work.
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48
Attachment G
PUBLIC ASSISTANCE PROGRAM GUIDANCE
GRANTEE'S/RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM tFlorid aPA.orgl
Sub-Recipient s must use the Grantee's/Recipient's web-based project management system,
FloridaPA.org, (available at www.FloridaPA.org)to access and exchange project information with the State
throughout the project's life.This includes processing advances,reimbursement requests,quarterly reports,
final inspection schedules, change requests, time extensions, and other services as identified in the
Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient.
The Sub-Recipient is required to have working knowledge of the FloridaPA,org system,,
3
PROJECT DOCUMENTATION
The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate M
closeout and audits, the Applicant should file all documentation pertaining to each project with the
corresponding PW as the permanent record of the project. In order to validate Large Project Requests
for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.,org website.
Contact the grant manager with questions about how and where to upload documents, and for assistance
linking common documents that apply to more than one(1) PW.
The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement„
including documentation of all program costs, in a form sufficient to determine compltiance with the
requirements and objectives under this Agreement and all other applicable laws and regulations, for a o
period of five(5) years from the date of the Sub-Recipient account closeout by FEMA.
The five (5),year period is extended if any litigation,,claim or audit is started before the five(5) year period
expires, and extends beyond the five(5) year period, The records must then be retained until all litigation,
QL
claims„, or audit findings involving the records have been resolved.
Records for the disposition of non-expendable personal property valued at$5,000°0 or more at the time it
is acquired must be retained for five(5)years after final account closeout.
Records relating to the acquisition of real property must be retained for five (5) years after final account
closeout,.
INTERIM INSPECTIONS
Interim Inspections may be requested by the Sub-Recipient„on both small and large projects, to:
i. conduct insurance reconciliationsw E
ii. review an alternate scope of work,;
iii. review an improved scope of work; and/or
°
iv. validate scope of work and/or cost.
Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under
the following conditions.
i, a quarterly report has not been updated between quarters;
i , the Sub-Recipient is not submitting Requests for Reimbursement (RFR's) in a
timely manner,;
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49
iii. requests for a Time Extension have been made that exceed the Grantee's/
Recipient's authority to approve; and/or
iv. there are issues or concerns identified by the Recipient that may impact funding
under this agreement.
PROJECT RECONCILIATION AND CLOSEOUT
The purpose of closeout is for the Sub-Recipient to certify that all work has been completed. To ensure a
timely closeout process, the Sub-Recipient should notify the Recipient within sixty(60)days of Project
completion.
The Sub-Recipient should include the following information with its closeout request:
• Certification that project is complete„
• Date of project completion; and
• Copies of any Recipient time extensions.
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Large Projects
With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final
costs exceed FEMA°s original approval„ the final eligible amount for a Large Project is the actual
documented cost of the completed, eligible SOW, Therefore,, upon completion of each Large Project that
FEMA obligated based on an estimated amount; the Sub-Recipient should provide the documentation to
support the actual costs, If the actual costs significantly differ from the estimated amount,the Sub-
Recipient should provide an explanation for the significant difference. .�
c
FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based �
on actual costs to complete the eligible SOW. if the project included approved hazard mitigation
measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If
during the review, FEMA determines that the Sub-Recipient performed work that was not included in the
approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original
estimated amount, and review the additional SOW for EHP compliance.
For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the
funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance
CL
provided at http.1/www.fema,aov/alternative-orocedures.
Once FEMA completes the necessary review and funding adjustments, FEMA closes the project.
Small Projects
0
Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small M
Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for
completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount
on individual Small Projects if one of the following conditions applies:
• The Sub-Recipient did not complete the approved SOW,.
• The Sub-Recipient requests additional funds related to an eligible change in SOW;
• The PW contains inadvertent errors or omissions„ or
• Actual insurance proceeds differ from the amount deducted in the PW.
In these cases, FEMA only adjusts the specific cost items affected. c
If none of the above applies, the Sub-Recipient may request additional funding if the total actual cost of all
of its Small Projects combined exceeds the total amount obligated for all of its Small Projects„ In this
case,.the Sub-Recipient must request the additional funding through the appeal process„ described in the
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PAPPG Chapter 3:IV.D, within sixty(60)days of completion of its last Small Project. FEMA refers to this
as a net small project overrun appeal. The appeal must include actual cost documentation for all Small
Projects that FEMA originally funded based on estimate amounts.
To ensure that all work has been performed within the scope of work specified on the Project
Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion,
select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope
of work and/or outside of the approved performance period cannot be reimbursed.
0
TIME EXTENSIONS
FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The a�
deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is
18 months from the declaration date.
Type°of Work Months
Emergency Work 6 cu
..w,.. ,.. . ..... _.............
Permanent Work 18
If the Applicant determines it needs additional time to complete the project, including direct administrative
tasks related to the project, it must submit a written request for a time extension to the Recipient with the
following information:
• Documentation substantiating delays beyond its control;
• A detailed justification for the delay;
• Status of the work; and o
• The project timeline with the projected completion date
The State(FDEM) has the authority to grant limited time extensions based on extenuating circumstances
or unusual project requirements beyond the control of the Sub-Recipient. IL
It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months. a�
FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating CL
circumstances justify additional time, This applies to all projects with the exception of those funded under
the PAAP Accelerated Debris Removal procedure and projects for temporary facilities.
3
With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of
the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating o
circumstances beyond the Applicant"s control,
• Permitting or EHP compliance related delays due to other agencies involved E
Environmental limitations (such as short construction window)
• Inclement weather(site access prohibited or adverse impact on construction)
FEMA generally considers the following to be circumstances within the control of the Applicant and not
justifiable for a time extension:
• Permitting or environmental delays due to Applicant delays in requesting permits
• Lack of funding
• Change in administration or cost accounting system
• Compilation of cost documentation
Although FEMA only provides PA funding for work performed on or before the approved deadline, the
Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for
any project that the Applicant does not complete, if the Applicant completes a portion of the approved
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SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for
the uncompleted work. For example, if one project includes funds for three facilities and the Applicant
restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the
Applicant did not restore.
Request should be submitted prior to current approved deadline„ be specific to one project, and include
the following information with supporting documentation;
• Dates and provisions of all previous time extensions
• Construction timeline� project schedule in support of requested time
• Basis for time extension request-
Delay in obtaining permits
• Permitting agencies involved and application dates
Environmental delays or limitations(e.g., short construction window, nesting seasons) CL
• Dates of correspondence with various agencies
■ Specific details
• Inclement weather(prolonged severe weather conditions prohibited access to the area, or
adversely impacted construction)
CD Specific details
• Other reason for delay
C) Specific details
as
Submission of a request does not automatically grant an extension to the period of performance. Without
an approved time extension from the State of FEMA(as applicable), any expenses incurred outside the
P,O P, are ineligible.
INSURANCE
0
U
The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA
is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources.
Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance I-
grants in order to avoid a duplication of benefits.The Sub-Recipient further understands and agrees that If
Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance
and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4)and
312 (c).
As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206 252-253, for damaged
facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are
reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the
insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require o
insurance to be obtained and maintained for projects where the total eligible damage is less than$5,000M.
In addition to the preceding requirements, the Sub-Recipient under-stands it is required to obtain and
maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding
in future disasters pursuant to§311 of the Stafford Act.As stated in the Stafford Act,"Such coverage must
at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub-
Recipient to purchase and maintain insurance,where that insurance is"reasonably available„, adequate or
necessary to protect against future loss" to an insurable facility as a condition for receiving disaster
assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does
not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds
from the current disaster." If the State Insurance Commissioner certifies that the type and extent of
insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable
facility,the Regional Administrator may modify or waive the requirement in conformity with the certification,.
The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all
insurance considerations contained in the Stafford Act and in 44 C,.F„R. §§206,252-253,.
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2
The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of
any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees
to provide all pertinent insurance information, including but not limited to copies of all policies, declarations
pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for
each insured damaged facility.
The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance
policies to the best of its ability to maximize potential coverage available.
0
DUPLICATION OF BENEFITS
a�
The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered
by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever.
The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits,from any source,
for any damage identified on the applicable Project Worksheets, for which the Sub-Recipient has received a
payment from the Recipient. o
The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes M
aware of the possible availability of, applies for, or receives funds, regardless of the source, which could E
reasonably be considered as duplicate benefits.
In the event the Recipient determines the Sub-Recipient has received duplicate benefits,the Sub-Recipient
gives the Grantee/Recipient and/or the Chief Financial Officer of the State of Florida,the express authority
to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due
and payable to the Sub-Recipient, and to use such remedies as may be available administratively, at law,:
or at equity, to recover such benefits.
0
COMPLIANCE WITH PLANNINGIPERMITTING REGULATIONS AND LAWS
The Sub-Recipient is responsible for the implementation and completion of the approved projects described
in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local,
State, and Federal legal requirements.
If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and
any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the
local government comprehensive plan,
The Sub-Recipient must ensure that any development or development order complies with all applicable
planning, permitting, and building requirements including„ but not limited to, the National Environmental
Policy Act and the National Historic Preservation Act.
The Sub-Recipient must engage such competent, properly licensed, engineering, environmental,
archeological, building, and other technical and professional assistance at all project sites as may be
needed to ensure that the project complies with the contract documents.
a
FUNDING FOR LARGE PROJECTS
Although Large project payment must be based on documented actual costs, most Large Projects are
initially approved based on estimated costs- Funds are made available to the Sub-Recipient when work is
in progress and funds have been expended with documentation of costs available, When all work
associated with the project is complete, the State will perform a reconciliation of actual costs and will
transmit the information to FEMA for its consideration for final funding adjustments(See Closeouts).
The submission from the Sub-Recipient requesting this reimbursement must include,
a) a Request for Reimbursement(available in FloridaPA.org),
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b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in
FloridaPA.org and is automatically created when the Request for Reimbursement is submitted
(and is supported by copies of original documents such as, but not limited to, contract
documents,insurance policies,, payroll records,daily work logs, invoices, purchase orders,and
change orders), and
c) the FDEM Cost Claim Summary Workbook(found in the Forms section of FloridaPA.org),along
with copies of original documents such as contract documents, invoices, change orders,
canceled checks (or other proof of expenditure),, purchase orders, etc.
0
ADVANCES
Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance aCL
s
Payment. Notwithstanding Paragraph 9)� Funding, in the Agreement, these payments are not bound by
Section 216„181(16), Florida Statutes;
1 For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB
Circulars A-87,A-110, A-122„and the Cash Management Improvement Act of 1990. o
2. All advances must be held in an interest-bearing account with the interest being remitted to the M
Recipient as often as practicable, but not later than ten(10)business days after the close of each calendar
quarter,
3 In order to prepare a Request for Advance (RFA) the Sub-Recipient must certify to the Recipient
that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and
subcontractors without unnecessary delay, The Sub-Recipient must prepare and submit a budget that
contains a timeline projecting future payment schedules through project completion.
4. A separate RFA must be completed for each Project Worksheet to be included in the Advance
0
Funding Payment.
5. The Sub-Recipient must complete a Request for Reimbursement(RFR)via FloridaPA.org no more
than ninety (90) days after receiving its Advance Payment for a specific project.. The RFR must account IL
for all expenditures incurred while performing eligible work documented in the applicable Project
Work sheet for which the Advance was received.
6. if a reimbursement has been paid prior to the submittal of a request for an advance payment, an
Advance cannot be accepted for processing.
7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share„ only if
the Sub-Recipient meets the following conditions:
0
a) the Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to M
ensure that funds are disbursed to project vendors, contractors, and subcontractors without E
unnecessary delay;
b) the Sub-Recipient must submit to the Recipient the budget supporting the request.
°
8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the
funds, which also specifies the amount of funds requested and certifies that the advanced funds will be
expended no more than ninety(90) days after receipt of the Advance;
9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share
of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub-
Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination
by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient
was improper.
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DESIGNATION OF AGENT
The Sub-Recipient must complete Attachment D by designating at least three agents to execute any
Requests for Advance or Reimbursement,certifications,or other necessary documentation on behalf of the
Sub-Recipient.
After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to
contacts via email to the State assigned team. o
In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have
separated from the Sub-Recipient's agency, a designation of authority form will be needed to change _
contacts.
NOTE. This is very important because if contacts are not updated, notifications made from
FloridaPA.org may not be received and could result in failure to meet time periods to appeal a
Federal determination.
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DUNS O&A
E
What is a DUNS number?
The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number
provided by Dun &Bradstreet(D&B). The DUNS number is site specific. Therefore, each distinct physical
location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number.
Who needs a DUNS number?
Any institution that wants to submit a grant application to the Federal government. Individual researchers
do not need a DUNS number if they are submitting their application through a research organization. c
0
How do I get a DUNS number?
Dun &Bradstreet have designated a special phone number for Federal grant and cooperative agreement
applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m.,, local time in the 48
IL
contiguous states and speak to a D&B representative. This process will take approximately 5—10
minutes and you will receive your DUNS number at the conclusion of the call.
1-866-705-5711
What do I need before I request a DUNS number?
Before you call D&B, you will need the following pieces of information:
• Legal Name
■ Headquarters name and address for your organization
• Doing business as (dba)or other name by which your organization is commonly recognized
• Physical address
• Mailing address(if separate from headquarters and/or physical address)
• Telephone number
• Contact name and title
• Number of employees at your physical location
How much does a DUNS number cost?
There is no charge to obtain a DUNS number.
Why does my institution need a DUNS number?
New regulations taking affect Oct. 1,2003 mandate that a DUNS number be provided on all Federal grant
and cooperative agreement applications, The DUNS number will offer a way for the Federal government
to better match information across all agencies,
Packet Pg. 1595
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How do I see if my institution already has a DUNS number?
Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement
applicant. D&B will tell you if your organization already has a number assigned. If not, they will ask if you
wish to obtain one.
Should we use the+4 extension to the DUNS number?
Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the
Federal government assign any importance to the extension. Benefits, if any, derived from the extension
will be at your institution only. o
Is there anything special that we should do for multi-campus systems?
Multi-campus systems can use what is called a parent DUNS number to aggregate information for the
system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite aCL
s
campus will need to reference the main campus DUNS number as their parent DUNS when obtaining
their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique
grantee organization, then each campus needs to obtain their own DUNS number. 3
Does the DUNS number need to be included on individual fellowship applications? o
Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the
application. Individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not E
require a DUNS number.
What does the DUNS number have to do with the Central Contractor Registry(CCR), soon to be the
a
Business Partner Network(BPN)?
Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically
through Grants gov, Your organization will need a DUNS number in order to register in the CCR„ The
CCR is the central registry for organizations that have received Federal contracts, If your organization has o
received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that
your organization information is up to date. For more information about the CCR, please visit the CCR
web site at:www,ccr.gov.
What should we do if our institution has more than 1 DUNS number?
Your institution will need to decide which DUNS number to use for grant application purposes and use
only that number.
Does this apply to non-US organizations?
Yes, this new requirement applies to all types of grantee organizations including foreign, non-profit;,,for 3
profit as well as for state and Federal government agencies.
0
Does this apply to non-competing progress reports?
No. This new requirement applies only to competing applications. E
Are there any exceptions to the new DUNS number rules?
Individuals who would personally receive a grant or cooperative agreement award from the Federal
government apart from any business or non-profit organization they may operate are exempt from this
requirement. Also individual Kirschstein-NRSA fellowships that propose training at Federal laboratories
do not require a DUNS number.
Who at my institution is responsible for requesting a DUNS number?
This will vary from institution to institution.This should be done by someone knowledgeable about the
entire structure of your institution and who has the authority to make such decisions, Typically this
request would come from the finance/accounting department or some other department that conducts
business with a large cross section of the institution,
Packet Pg. 1596
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We are an organization new to Federal grant funding so we obviously need a DUNS number. But we
don't want to be included in any marketing list. What can we do?
Inclusion on a D&B marketing list is optional. If you do not want your nametorganization included on this
marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B 0
representative during your DUNS number telephone application.
Who do we contact If we have questions?
If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone
number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement„ contact
Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at
Substitute Form W-9
For the purpose of this Agreement, a Sub-Recipient is also a Vendor. o
The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9,The M
purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number(TIN), official entity name, E
a business designation sole proprietorship, corporation„ partnership„etc.)„ and other taxpayer information
to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting C
are accurate. Due to specific State of Florida requirements, the State willi not accept the Internal Revenue
Service Form W-9.
Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and
services or make payments to any vendor that does not have a verified Substitute W-9 on file with
the Department of Financial Services..Vendors are required to register and submit a Form Wµ9 on the C
State's Vendor Website at https°/Iflvendor,m floridacfo.com, o
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Attachment H
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
INSTRUCTIONS AND WORKSHEET
PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on
September 26„ 2006, The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision, The FFATA legislation requires information on
Federal awards (Federal assistance and expenditures)be made available to the public via a single,
searchable website„which is http 11www usase ding. ovlCL
a�
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management ("FDEM"or'Division") must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obligate$25,000 or more in Federal funds
3
(excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery and Reinvestment
Act of 2009, Pub„ L. 111-5)„
Note:This'Instructions and Worksheet' is meant to explain the requirements of the FFATA and give E
clarity to the FFATA Form distributed to sub-awardees for completion, All pertinent information below
should be fipled out,,signed, and returned to the project manager,
a
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub-
award (Agreement)that obligates$25,000 or more in Federal funds as described above. Please
provide the following information and return the signed form to the Division as requested. g,
PROJECT#:. I141A Do inc E,,orni,�Iete
FUNDING AGENCY; Federal Emergency Management Agency
AWARD AMOUNT $ I-'r deii sl s1hai e rniniu�ni on
„ r ......,, ,.�
OBLIGATIONIACTION DATE: dateawarded to State ref Fllr ii,iida �
-,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
SUBAWARD DATE (if applicable):
0
DUNS#:
DUNS#+4: E
a
'If your company or organization does not have a DUNS number, you will need to obtain one from Dun&
Bradstreet at 866-705-5711 or use the web form (httpJ1fedgov.dnb.com/we for ). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME ca
DBA NAME(IF APPLICABLE);
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
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D.8.a
ADDRESS LINE 2: ° �
ADDRESS LINE 3.
CITY STATE ZIP CODE+4"
PARENT COMPANY DUNS#(if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#').
0
DESCRIPTION OF PROJECT(Up to 4000 Characters)
Com late eli�ible Pro`e E
P 9 J
cts or re pair or replacement of Disaster damaged facilities °�
as
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1;
ADDRESS LINE 2 m.° E
,
ADDRESS LINE 3'
....... _. ................
CITY STATE ZIP CODE+4"* 2
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
"Providing the Zip+4 ensures that the correct Congressional District is reported-
EXECUTIVE COMPENSATION INFORMATION: o
1. 1. In your business or organization's previous fiscal year, did your business or organization
(including parent organization, all branches, and all affiliates worldwide)receive(a) 80 percent or
more of your annual gross revenues from Federal procurement contracts (and subcontracts) and
Federal financial assistance(e.g, loans„ grants, subgrants, and/or cooperative agreements, etc.)
subject to the Transparency Act, as defined at 2 CFR 170.320; , (b)$25,000„000 or more in annual
gross revenues from U.S. Federal procurement contracts (and subcontracts)and Federal financial
CL
assistance(e.g. loans, grants„ subgrants„ and/or cooperative agreements, etc.) subject to the as
Transparency Act?
Yes ❑ No❑
If the answer to Question t is "Yes,'"continue to Question 2. if the answer to Question ? is "No";
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches„ and all affiliates worldwide)
through periodic reports filed under section 13(a),or 15(d)of the Securities Exchange Act of 1934
(15 U.S.C, 78m(a), 78o(d))Section 6104 of the Internal Revenue Code of 1986? E
Yes❑ No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at httpllwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL.COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
Packet Pg. 1599
D.8.a
q
appearing below to report the"Total Compensation"for the five(5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch, 1 Part 170 Appendix A:
"Executive„ is defined as"officers„ managing partners, or other employees in management positions".
"'Total Compensation" is defined as the cash and noncash dollar vaitue earned by the executive during the
most recently completed fiscal year and includes the following,
i. Salary and bonus, o
ii, Awards of stock, stock options, and stock appreciation rights, Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004) CL
(FAS 123R)„ Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life„
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
0
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans. E
V. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (ewg, severance,
termination payments, value of life insurance paid on behalf of the employee„ perquisites or
property)for the executive exceeds$10,,000
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
('Date of Fiscal Year Completion )
Rank Total Compensation
(Highest to Name for Most Recently
Lowest Last First MI Title Com leted Fiscal Year
2
CL
........._
3
4 _.
3
...........
5
... ......
E
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW„THE INFORMATION
PROVIDED HEREIN 1S ACCURATE„ ca
SIGNATURE.
NAME AND TITLE„
DATE;
.
Packet Pg. 1600
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60
Attachment
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 CPR Part 200. It is the responsibility of the sub-recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
3
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3
0
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0
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Packet Pg. 1601
61
F1,20D,App.11 2 CFR CIL 11(1-1-17 Edition)
agem.7,21 Federal awards any Include.Pro- awarding Mangy should ounmidar&Vffowho*
viding thim lafarrystlaft lots a potential ap, such as giving;
pucaut Identify any retrutrolmoto with 1.Valot--I voolocL who as be reached In 0
which If would hAre difficulty complying If multiple ways(e.g..by taleymme,VAX,and!
us applics,110a,Is successful.In%hose cam, or ehxdl."well as rnalAr mall).
early notillca%lob about the requntomem sa- If. A nor or a Address that multiple
laws the Istlantlell spot I to damde act in People Woun.go that soubrowe will respond
A" or to take headed aculone before re. even if others are unexpectedly absent dur-
calving Our Federal award. The trarneubow. Ita:critical verioda.
at need not Include all of the serum and Ill.Different cos se for distinct kinds of CL
condItloam of the Federall award. butt
help one for itumlous of programmetia
"ter to a decurrout(with Inlywartatkor about coaWnk and a secood for adynialstrativa
how W sateoom It)or Internet sits where ap• questlom).
pi Lae can oze the terms and coadItiom,it
this goading opportunity will lead to FeckyAl H.OTHER WFORWATIWI�OPMONAL
Awards With Wass opothi to and otmdl- This tion uny Include any Addittonal
Uons In"differ from the Federal swardbaC InFortentiou that will gugist a potential W
WhOr'n usual(somatirme called"central") pllczaz,e For example.the sectloo,wjEbL
unme and conditions. this omtkes should I.Indicate whether this to a now program 0
highlight them special tarren and coddiUo a eav-Dow Initiative.
Doing no will alert applicants that have re- If.Mention related progmats or of Mi.
ceived Federal awards from the Federal wrolut;or ngoing Federal a ng;agency
AmIrrubg agency previctualy mW ought not funding apportanitles far similar activities.
Otherwise expectdiffercut term had o0affi- [if.Include cumat Internet addresses for
Uaw. For the as reason, the Federal awardhij agency Web sites that may
at should Inform porontill iepplicauto be useful to no applimntin uaderstaudift
RhQQL OPOCW requirements that could apply the program
to particular Federal smarchy after the review IT-Uert Applicants to then %a Identify
of appUcations and tether Information.bwwd progrietary Information and Inronst them
on the particular chrournitances of the offixt abcOok the as the Federal a ay;agency
to be supported(.4.>If human subjects awre will handle It.
1.b.I evolved oc-If some situations may jka- V.InClUdS C*sARIS M%IFA SK191014 to appil-
city speclal ter no on Intellectual property. is(ax-&bat the Federal Government Is
deter.sharinc W securky rah eta}, oc%obli"ted to make any Federal award sA
3. Rs fkaaaal3a altar. This section nout a result of the AnnouncomAut or that Only
Include general informition about W type inants officers cam Intel the Federal Govern-
treg financial or perfarntsace), fterluencye mant to the expmelfturs of funds),
t MW mesus of sutuoy"'on (Paper or also [79 rR 70M DoC,26, IS "amended at So
runic)of post-Iftedand award reporting re- M 4MIly,jury Eg,2qjSjj 0
clu,ironnats.Highlight any spectal reporting
requirentants for Federal"ardo under this APFUNINX If To PART 2DN-ZoKTgyAcT
landing upportuafty that dtrf�(e.iy_by re. PROVUIOMS FOR KON-FsDERAL E:Hri-
roct type, fleiluency" or ar- TY CONTRACTa UNDM FEDERAL
coustloces for no*)ham What the F444MI
awardlog Ubcancy"S Federal awards usually AWARDS
require.Vneleral swutlincage heyes usut aloo, In additlan too provisions required by IL
divacribe In this otecUum all relevant mqul"- the Federal ksoboy or noavroftral entity.all
rmate such m thate,at 2 CFR 180=5 and 2
CPR 11103K tracta made by the Man-roderel GazIty
U the Federal @Luc of may Fadernt award under the Federal award mast.contain provi-
may Include tmew than MM over the iw team covering the ugjgmjag."appliceble.
riod of perlarmmm, this (A)Contract&for nowe th%a then
pectlaft �% Its QCqUItItION tilycWhold currently Met at CL
hem potential spoeshu About the PO4t 1150= which go the Inflation adjazted
2,Wwrd toporLing rocirdrenstata veneered In amount determined by the Civilian Agency
Appendix XU-Awud Term sad Condition Acqolsltlon Council and the Dole ass Acqrrhd-
for Roolpkat Integrity sad Perfornunco UOR ROCIit NA 00nacIl (Co"GaUffil am an. >%
latters. thoriand by 41 U.S.G.19M,nwaL a4dran ad M
Q FEUKULAwARDINcy AGENCY C04TAMS) WdoNtrative,4xratraclual,or legal rentedies
RZWRXD In Instances where cmumeLors, vlolato or M
broach contract terns.wW provide for such 0
'rho Samukesuarit Inuat give potentisd ale, muctlons WA penalthe as appropriate.
pucants a potoul)of amtact ror answering (By All contracts In excess of 316.000 ramu
91AW&SU0120 ur helping with"larna while the address ter ntinstion for own*sany for con. M
funding opportunity Im open, The Intent of veWome by the son Federal owilLy including
this requ ire rmat 93 to M ax belpffil as ma the tv&bher by which It will Ina Litactas&M E-
siblo to porNatial applicants,me the Federal the heuis tnt 4kottl Ormuz
2W
Packet Pg. 1602
6�2
OME Cuklance P1.200�App.11
(C) EQQM EmPlOYFrout OPVQrtUmXY. EV Part 5).Under 40 U.S.C.W02 of the Act,each
celit us otherwise provided under 41 CFR contractor coust be required to compute the ggy
Part Q),all contracts that maot the donal wagoe,of every meebaclo and laborer an the
thin of"federally asslated construction can- is of a ii1amlard work weak of 40 hours.
WACt"Its 41 CPR Part W-1,3 muaL Include the Work In Gloom of the standard work week Is
equal opportunity clause provided tinder 41 permissible provided that%be worker is oom-
UM GD-1.4(b),in accordance with RxecotlTe pamated at a rate of not len then one and a
Order 11M. "EQU.0 Employment Oppor, half thruis the is rate of My For all hours
Welty"(30 PR 1230,129X.0 CIFR Part.IN6 worked to excash of 40 hours In the work 0
M5 Comp.,P• )®Q4 amended by Executive week.The requirements of 40 U.6.0.3704 an
Order 113M. "Arm leg Executive Order applicable t®canatruction work and provide
11M hating to Equal Employment Oppor that no laborer or machimic most be re
tualLy.-and Implemanting regulations ILL 41 quired to work in surroundings or tinder
CM part IS. ''Offlca at Federal Con working conditions which arm unsanitary.
Compliance Programs, Equal Employment hamdotto or dangerous,Them requirements
Opportunity,Department of Lsbor®
do Got apply to the purchmes of supplies or CL
(D)Davis-Bacon Act.,as amended(40 U,S�C. materials or articles ordinarily available on
3141-3149),When required by Federal poogram the open market,or contracts for traftspor
legislation.all prime construction contracts tation or transmission of Intslligsa
Ina of SZOM awarded by non Fed" (P) Hights to involitiout Made Under a M
entities most Include a Provision for conr4i Contract or Agroement.If the Federal itward
an With the Davis-Bacon Act (40 U.S.C. is the definition of"fundli*alfroomeak"
3141-3144,and 3146-3140)me supplemented by under 37 CPR 1401.2(a)and the recipient or M
Depoartment of Labor rogtdittlimn (29 CFR subreciplant whihea to enter Into a contract 0
Pat&5."Labor Stan danis Provislara Appll with a*mail buslums Firm or noturafit urge W
cabid to Contracts covering Federally Ft zmatioa roliardinif the subotrMthin of Per, M
nanced acid Anshited.ConstractlGeLl'). In an- ties> assignment or parfornance or extewi.
cord"ce with the statute.contractors must giviaLid. devololucontall, oreesearch work
be required to M wages tot and me- tinder that"fundinc agreement,"the reclit-
cbARIGS at V,MLO not ION than the prevalline cot or subtediront must comply with Me to
wages specifled In a wage determination quirormato 61`37 CVR Part 401."Frights to In
made by the Eecretary of Labor.In o4dirlon. venue us blado by Vouprofit Organizations
contractors must he required to pay wages and Small Rosiness Firms Under Govern
not It"than once a.week.The not�Fodarai mout Granta, Con to and Coopstatirs
entity must place a copy of the current pro Agroamente,"and any Implemontint:roCula,
walling Wage dotorminaLloo issined by the De- tious knoned by the awardigo:agency
Partment of Labor Inaach solicitation.The (G)Clean Air Act(42 UX,C.7401-7471q.)and
dectalon to award a contract or subcontract the Federal Witter Pollution Con Act(33
most be conditioned Upon the 900sirance of UX.0 1251-138T).am amended—Contmets and
the wage deteratiustion.71a nou-Federal on. Kiligraeut of amounts to @seen of 3150.
NO
klLy nutat ropurt all suspected or reported rated.contain a provision that requhres the
violations to the Federal awarding agency, non-Fodoral award to agree to oonVI7 with
The conu-meta to also Include a provision all applicable standards. Orders or reguin
for conipHiince with the Copa "Anti tions leaned pendent tot Clean Air Act 0
Kickback" Act (40 U.S.C. 3145), an supple. (U U.S C,7401-79719)%ad the Failure] Water
mented by Department of Labor regulations Pollution Control Act me amended(33 U.S.C.
(29 CPR Part 3, "Contractors and 1-1Sum IM).Violations most be reported to the
contractore on Public Building or Public Federal awarding agency and the Reclonal
Work Financed In Whole or In Part by Lease OlUes of the EnvirountabLal Protection,
or Grant*fecon the United Suttca").The Act Acency(RPA). (L
provides that each contractor or oub. (11)Debarment and Suspension(Executive
recipient must be probibited From halueft. Orders 12M mad IWSO)--A contract award
by any traftes.any person orafAayed In the We I CM 1110-220)most not be nude to par-
construction,ounifilatioa,or repair of public ties Its Led on the goveraniontivide exchislons
work, to give up any jmrt of thew In the System for Award ?hjavaConartat
Uom to which he or she Is other wilso entitled. (SAM). In accordance wIth the ONE ZWde-
The non-Faderid.entity reauu,repor&all sus. lines at 2 CFR Ift that Implement Executive
pectod or reported violations to the Federal Ordam 12M(3 CPR part IM Comp.,p. W)
awarding agency and LIM (3 CPR part IM Comp., p. 235),
(9) Contract Work Hours and Safoky "DobarMat and Susponslon," SAM Excin. M
Standards Act (40 U.S.0 XMI-WN), Where Wom contain*the namee of parties debarrod,
applicable.all contracts awarded by the non- suspended. or otherwim excluded by agan-
Fedend entity In ex com of$100.000 that In- CIM an Well an parLies declared Inallcible M
Volvo the amployroonL OF imch"Ica or labor- under statutory or regulatory authority 0
on Lease hiclude a provision for compliance Other than Rxectitive Order 1256.
with 40 U.S.0 3M and M,no supplemented (1) Byrd Anti Lobbyft Amentirmfit (31
by NPartobaRt Of or regulations(20 CFR US C, M2)--COnLMCtote that apply or bid E
201
Packet Pg. 1603
63
Ft.2DO.App.111 2 CFR Ch.11(1-1-17 Edftbn)
1W an award as lag SIMA0 MIUM file the Recounting trostn"at nAY Include it in the
MLUIMI certincaUmt,P=b tier mrUfles W IMUMMIOR runetlao,
the tier ateurs that It will nor mad has not (2) rt tat FW FCA IR-Aas research.
used Federal appropriated funds to my nay davelopmeat sad schokarly activisin that
PrOPOU Or or92,0412AIDU for lathe lag Or at mee not ommmized reeeamb sh& can-
tempting to influence in omear or araploy" Wituently.arm mat Mixtrately budgeted need U)
at any Amemcy.a Mnemr of Congress,afffeer acconated for- Departmental re"arch, tor
at employee or 00agreas,or as employea of a Furiettes or thle dacusmeat.Is not considered
reermhor.9 Cagrext In connection with ob, "a major function,but as a.part 09 the in
mining my Federal cobtract,great or say MtscOom fim"loa of the Institution. L-
Other AWAXd VDVM9'8d by 31 U 0 0 Z.FA4h (3)Only maedAtory,coat sharing Or cost
tier nub& also disclose any Vpthylait with Aldus APOCIfICSIly MUSILItted In rise laulact
mon-F.doral Munds tbAt takes pJace NO Oo.- budget mot be included In the ordazisad re-
aaati Pt obtWalgir may Fodoral award, search base for trWqWUUt the indirect(FLA)
Erma dbcJmuvG we forwarded from tier to vast rate Ge leflool-d to any allocation of In-
Mor up to the moa-Yederal toard. dim& costs. Salary vcaw above statutory
114)Sma 1200M Prood"Mm'.t atif,,ereved Rheims axe not qKauddered east aborloc
rnawrtal.. b, CVFaMLftd restareA mrkua All tamc*rch
and development activities of an InskirmiUco
179 rR TUN. 2d.201L as amended at TO that we somontell buftot*d and accounated
rR ISM.llwc�M 3014p her.It Includes.-
(1)Spvftamtd avoeh arawas&it rat—i-ch
APPENwx III iv PART 2D0--JinDiRccT and develapWORL Setivitles that soon-
7l?&A) COM to moved by redual and man rodeva moncres
ABBIUMMENT.Atto RAic DL-r&KmNA- and Orffamifttlaw This Mrnn Includes autism
TION MR lNwrrMTIG)qa oF 1110HER Um lavoldan the tralmhe;of ladIvida"In
FDUCATION(111,Erj� research tochniqueo ("."Mmmly called
search rralaing)where Men*eUviuma mulle
&GENSURAL the serum fullLUes&a allies-raseerch&M do,
"lolmnent"OviLles and whom such arti'l
Thin amadAm providea earl is for Monti- ties UO not included In the Instruction AMC,,
tying and vvamputing ibdinmt (or Indirect LJOb.
(FILK))rates at 1HF1.(Institutions).IDdIfect UnNereffs,trotarch toasum Mr. "WWVjVh
(F&A)ROJU are theme that US JMCMVMd for grad 4OVeBUFMOL MUTft" that, axvi *�Pft E
r a W join. Obloo"Ted &Rd therefore rarely budgoled and scootmaed for by the in.
vannot be Mautilded readily and speclacal I v Ititutlam Under an Lntarna application of la-
with a Particular aWasotvd WJvci.an In, stogntionall lendim UnIversity, Te"Arch. for M
"ructlaw MWITRY, or any other Isuelto- PHY1106ft Of thto dotllff=at, NWWL be rm.glfpj
11"Inal a Nvlty. $" subsection B.1,D.Buj- blued with sponsored manarch u the
lion of Tadlities and Adxdabrratlaa,fora AARCUOR Of 011saind Masich,
disog"alam of the couslomenta of Indiroct Q.othev SIXTRapred er"UM99"means PtSeMKI6
(F&A)—t.. 'ad Projects nam,aced by Federal, sud Ran
Federal agencies and argeadvath)m wkdrh im
1.Maim FunctIons of an Ift0fivigan Volvo the perrosensusco or worho r QAU In
strontium%ad organized resestrell, Ezamples
Peters to Immu-maUum-ROPARIsed Mwlch or such pninirmano sad projects are h—Ith
other Monotone;fiecivitlee and other I Raglan- service Projects and Miumunity wfvlov pro
ale actintHoo as defined to this wtlom-
grown,However.when amar aft mUritim
0- INIOUMM UWAAS the %V101amly Led moo undert.b.ft by the jfttjLqLjqn without
trMolog me"O"Ise Of 92 Ift"IU2110th-EVOOPL outside vuupwt. they nmay be classified me M
&W research tralmixer " provided In Soo. Other jutit,th,"I W&I'dtiffl, 0
section b,this to lachulto all;mcbIng sad d,01.kM JsLMtUUoM4I adfinm rnzaas all se,
tralaine activltg*L whether they an offered liel th,o of an I mtjoktgDo orempt fiw jew%n1c.
Our coodIM to a desliv.or a rtlflmta or UM d@ronnogagal rmmweh, QM&ftl"d ro-
om a auu-crwAt tessis.mod what her they are mamma,and other arowsared fixtIvItion,m de-
off ered Lh"Mb regular academic de pan flued In this ftesbou;indRrect(F&A)enot so
000ta Or seMMpO dIT141028,such as 6 Me,- tivitles khmUffed I& this Appeatift Para- L-
mor achooll C11-1sloa or an costawWa diviefoo, synod P.IdantifRepslon sad waalgantent of in (L
Also considered put oft major fouction direct(F&A)ceata;Rod&pKiallsod aerviona
aredalmrt atmlrovearch, smd, where Emilities dOetelbd In IMAM Bp&cL%Ilxd
speed to,University rewourch. service facnitiom aft Part,
(1)seannsoW 104"Clift and ftaimftuo mmea" Exanwilar of at Inatitatiomm ACALTMed
slocifl-I ft-krmcLl-mal or traiming,activILY— IMIn&0 operation of teeldsea WI..dining
tablLabod by great.contract.or maperallyw hella.hamultalit and clam ca,owdent.Radom.
figreammuL Par varroom Of the ctm,t prim Intercollegiate athletics,backstures,thrulty
01plem. this activity vast be ems dared a housing,otntiont aperUmante, guent houeso.
rmier fumrion*vea l6wath am Institution's chapla,tbmtn.publl.net—o",Rod otber
W2
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M
M
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Attachment J
DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT
The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by
Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed
below:
There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the
prescribed rules to the point that the OIG believed the below listed violations could have nullified the o
FEMA/State agreement.
1. Non Competitive contracting practices. a�
CL
2. Failure to include required contract provisions.
3. Failure to employ the required procedures to ensure that small,minority„,and women's owned firms
were all given fair consideration.
0
4. Improper"cost-plus-a-percentage-of-cost"contracting practices.
E
The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related
Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for
the disallowance or total de-obligation of funding given under the FEMA/State agreement:
a
1. Use of improper contracting practices.
2,. Unsupported costs.
3. Poor project accounting. 0
4.. Duplication of benefits.
5. Excessive equipment charges (applicability may vary with hazard mitigation projects). IL
6. Excessive labor and fringe benefit charges. a�
7 Unrelated project costs.
8. Direct Administrative Costs.
9 Failure to meet the requirement to obtain and maintain insurance,. o
cu
Key Points that must be followed when Administering FEMA Grants: E
• Designate one person to coordinate the accumulation of records.
• Establish a separate and distinct account for recording revenue and expenditures, and a separate
identifier for each specific FEMA project.
• Ensure that the final claim for each project is supported by amounts recorded in the accounting
system,.
• Ensure that each expenditure is recorded in the accounting books and references supporting
sources of documentation(checks, invoices, etc.)that can be readily retrieved,
Packet Pg. 1605
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• Research insurance coverage and seek reimbursement for the maximum amount, Credit the
appropriate FEMA project with that amount.
• Check with your Federal Grant Program Coordinator about availability of funding under other
Federal programs(Federal Highways, Housing and Urban Development, etc„)and ensure that the
final project claim does not include costs that another Federal agency funded or could have funded.
• Ensure that materials taken from existing inventories for use on FEMA projects are documented by
inventory withdrawal and usage records.
• Ensure that expenditures claimed under the FEMA project are reasonable„ necessary„ directly
benefit the project, and are authorized under the"Scope of Work."
1 acknowledge that I have received a copy of, and have been briefed on,the above DHS OIG Audit Issues.
3
Monroe County 03/05/2018
0
Sub-Recipient Agency Date
7>1
W
Signature
°
Tina Boan Sr. Director Budget&Finance
Printed Name&Title
0
L_
3
0
E
°
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Attachment K
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT;
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
3
0
Advance payment of $ is
requested. Balance of payments will be made on a reimbursement
basis, These funds are needed to pay pending obligations for
eligible work. We would not be abie to operate the program without CL
C
this advance..
3
0
If you are requesting an advance, complete the following chart and line item justification below,
E
BUDGET CATEGORY/LINE ITEMS 20 -20_Anticipated Expenditures for First Three Months as
(list applicable line items) of Agreement
°
Example:PW#00001(0) Contract Work$1,500,000.00(provide detailed justification).
0
IL
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need
for the cash advance. The justification must include supporting documentation that clearly shows the
advance will be expended within the first ninety(90)days of the contract term.Support documentation
should include quotes for purchases,delivery timelines, salary and expense projections,etc.to provide the
Division reasonable and necessary support that the advance will be expended within the first ninety (90) E
days of the contract term.Any advance funds not expended within the first ninety(90)days of the contract
term must be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399,
within thirty(30)days of receipt, along with any interest earned on the advance),
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ATTACHMENT C
FDOT/FHWA APPENDICES A AND E
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APPENDICES A and E
Revised 01/2015
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the"Contractor")agrees as follows:
(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter,
"USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of
this Agreement.
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(2.)Nondiscrimination: The Contractor,with regard to the work performed during the contract, shall not
discriminate on the basis of race, color,national origin, sex,age,disability,religion or family status in the
selection and retention of subcontractors,including procurements of materials and leases of equipment.The
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Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5
of the Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
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(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all
solicitations made by the Contractor,either by competitive bidding or negotiation for work to be performed M
under a subcontract, including procurements of materials or leases of equipment; each potential
subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this
contract and the Regulations relative to nondiscrimination on the basis of race, color,national origin, sex,
age,disability,religion or family status.
(4.) Information and Reports: The Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Florida Department of
Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation
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Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain
compliance with such Regulations,orders and instructions.Where any information required of a Contractor
is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall
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so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal
Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate,and shall set forth what efforts it has made to obtain the information.
(5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract,the Florida Department of Transportation shall impose such
contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal
Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be
appropriate,including,but not limited to:
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a.withholding of payments to the Contractor under the contract until the Contractor complies,and/or
b. cancellation,termination or suspension of the contract,in whole or in part.
(6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through
(7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by
the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with respect to
any subcontract or procurement as the Florida Department of Transportation, the Federal Highway
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D.8.a
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal
Motor Carrier Safety Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance.In the event a Contractor becomes involved in,or is threatened with,litigation
with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida.
Department of Transportation to enter into such litigation to protect the interests of the Florida Department
of Transportation,and,in addition,the Contractor may request the United States to enter into such litigation
to protect the interests of the United States.
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(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of
1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national
origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies
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Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);Federal-Aid Highway Act of 1973,
(23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation
Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability);
and 49 CFR Part 27;The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.),(prohibits
discrimination on the basis of age);Airport and Airway Improvement Act of 1982,(49 USC§471, Section
47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex);The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title
VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all
of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not);Titles II and III of the Americans with Disabilities Act,
which prohibit discrimination on the basis of disability in the operation of public entities,public and private
transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§ 12131 -
- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The
Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race,color,national origin,and sex);Executive Order 12898,Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures
non-discrimination against minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority and low-income _
populations; Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency,and resulting agency guidance,national origin discrimination includes discrimination because
of limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps
to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities(20 U.S.C. 1681 et seq).
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ATTACHMENT D
FHWA 1273—FEDERAL AND CONSTRUCTION
CONTRACTS
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FHWA-1273—Revised May 1,2012
U)
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
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1. General 3. A breach of any of the stipulations contained in these
11. Nondiscrimination Required Contract Provisions may be sufficient grounds for
Ill. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
Vil. Safety:Accident Prevention 4.Selection of Labor:During the performance of this contract,
Vill. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Govemmentwide Suspension and parole,supervised release,or probation.The term Federalaid
Debarment Requirements highway does not include roadways functionally classified as
XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS 11. NONDISCRIMINATION E
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material _
supply,engineering,or architectural service contracts.
I. GENERAL
In addition,the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the follovng policies:Executive Order 11246,41 CFR 60.
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633.
and other agreements for supplies or services). �0
The contractor and all subcontractors must comply with: the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1 A(b)and,for all construction contracts exceeding$$10,000,
order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor,lower-tier subcontractor or service provider. IL
Note:The U.S.Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627-The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services).The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Tide VI of the Civil Rights Act of
or service provider. 1964,as amended.and related regulations including 49 CFR
Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)in all contracts,subcontracts and lover-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders,rental agreements
and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2.Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35,
sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
perforned on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and ith the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 M
immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract action standards for the contractor's project activities under
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this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the
Act of 1990(42 U_S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such
contract.in the execution of this contract;the contractor advertisements will be placed in publications having a large U)
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral 0
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. meet this requirement,the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
91
consideration.
"it is the policy of this Company to assure that applicants
are employed,and that employees are treated during b. in the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the Off
national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that
employment,upgrading,demotion,or transfer,recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination;rates of pay or compliance vhth EEO contract provisions. Where
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other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. Off
administering and promoting an active EEO program and who Information and procedures with regard to referring such O
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
so.
5.Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractors employee benefits shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination.shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed: 0
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then _
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of
contractor's EEO policy and its implementation All be wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer.
c. The contractor will periodically review selected personnel �
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will
all major aspects of the contractors EEO obligations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for 0
the project will be instructed by the EEO Officer in the d_ The contractor All promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract,will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractors EEO within a reasonable time. If the investigation indicates that the
policy All be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant,
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,the contractor will inform O
e. The contractors EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
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applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work force requirements undue hardship. �y
and as permissible under Federal and State regulations,the
contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-thegob training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and O
special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C.140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion. O
10.Assurance Required by 49 CFR 26.13(b):
7.Unions:If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by
increase opportunities for minorities and women. Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below. the basis of race,color,national origin,or sex in the
performance of this contract. The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the .d
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this c�
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an O
EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of O
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at 0-
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA_
extent such information is within the exclusive possession of ggg
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
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vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
contracting agency. to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
B. Reasonable Accommodation for Applicants I the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
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will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. which cover the particular weekly period,are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein:Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the try
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification oft
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers.
the facilities are segregated. The term"facilities"includes
waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of
time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in
storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage
provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an
privacy E
or single user rerivacy and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure p between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
This section is applicable to all Federal-aid construction determination;and
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the �y
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classed as (iii)The proposed wage rate,including any bona fide O
local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship the f
Contracting agencies may elect to apply these requirements to
other projects. wage rates contained in the wage determination.
The following provisions are from the U-S.Department of (2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(ff known),or their IL
related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the
classification and wage rate(including the amount
1273 format and FHWA program requirements. rA
designated for fringe benefits where appropriate),a report of �
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division,Employment
Standards Administration,U.S.Department of Labor,
a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized
representative,will approve,modify,or disapprove every
the site of the work,will be paid unconditionally and not less additional classification action within 30 days of receipt and
often than once a week,and without subsequent deduction or so advise the contracting officer or will notify the contracting
rebate on any account(except such payroll deductions as are officer within the 30 day period that additional time is
permitted by regulations issued by the Secretary of Labor necessary. O
under the Copeland Act(29 CFR part 3)),the full amount of
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)in the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives, E
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contracting officer shall refer the questions,including the c�
Views of all interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for
fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an
Acton behalf of laborers or mechanics are considered wages
authorized representative,will issue a determination within
paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or
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will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the
appropriate)determined pursuant to paragraphs 1.b.(2)or
laborers or mechanics affected,and records which show the
1_b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such
work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under
day i which work is performed i i the classification.from
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash b.(1)The contractor shall submit weekly for each week in
equivalent thereof. which any contract work is performed a copy of all payrolls to91
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
d_If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other third person,the contractor may consider as part of the security numbers and home addresses shall not be included 4�
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security
Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be O
that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at httpJ/www.dol.govlesafkvhd/forms/wh347instr.htm E
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
2. Withholding Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency..much of the accrued payments or advances as may be O 0
considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a
including apprentices,trainees,and helpers,employed by the c�
or
contractor or any subcontractor the full amount of wages Statement of Compliance,'signed the contractor
subcontractor or his or her agent whoo pays or supervises the °
required by the contract. In the event of failure to pay any O
payment of the persons employed under the contract and shall
laborer or mechanic,including any apprentice,trainee,or
IL
helper,employed or working on the site of the work,all or part certify the following_
of the wages required by the contract,the contracting agency
may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of 4�
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is
have ceased, being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
complete;
3. Payrolls and basic records
(ii)That each laborer or mechanic(including each
a. Payrolls and basic records relating thereto shall be helper,apprentice,and trainee)employed on the contract
maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers wages earned,without rebate,either directly or indirectly,
and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
shall contain the name,address,and social security number of indirectly from the full wages earned,other than E
each such worker,his or her correct classification,hourly rates permissible deductions as set forth in, Regulations,29 CFR
of wages paid(including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents part 3;
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1 xiv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis- 4)
O
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Packet Pg. 1616
D.8.a
(3)The weekly submission of a properly executed rate specified in the applicable wage determination.
certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-47 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the
"Statement of Compliance'required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits U)
listed on the wage determination for the applicable
(4)The falsification of any of the above certifications may classification.If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination.
prosecution under section 1001 of title 16 and section 231 of
title 31 of the United States Code. O
In the event the Office of Apprenticeship Training,Employer
c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency
required under paragraph 3_a.of this section available for recognized by the Office,withdraws approval of an
inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be
representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable91
FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable
representatives to interview employees during working hours Program is approved.
on the job.If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be O
cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the
guarantee of funds.Furthermore,failure to submit the required performed unless they are employed pursuant to and
records upon request make such records available may work individually registered in a program which has received prior
be grounds for debarment
ntt action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S.
Department of Labor,Employment and Training
4. Apprentices and trainees Administration.
O
a.Apprentices(programs of the USDOL). The ratio of trainees tojoumeymen on the job site shall not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at less than the Employment and Training Administration.
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress,
Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Services,or vrith specked in the applicable wage determination.Trainees shall O
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits,trainees shalt be paid the full amount of fringe
program,who is not individually registered in the program,but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that IL
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee 4�
rate who is not registered and participating in a training plan
The allowable ratio of apprentices to journeymen on the job approved by the Employment and Training Administration shall
site in any craft classification shall not be greater than the ratio be paid not less than the applicable wage rate on the wage
permitted to the contractor as to the entire work force under determination for the classification of work actually performed.
the registered program.Any worker listed on a payroll at an In addition,any trainee performing work on the job site in
apprentice wage rate,who is not registered or otherwise excess of the ratio permitted under the registered program
employed as stated above,shall be paid not less than the shall be paid not less than the applicable wage rate on the M
applicable wage rate on the wage determination for the wage determination for the work actually performed. O
classification of work actually performed.In addition,any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved. O
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered
program shall be observed. c.Equal employment opportunity.The utilization of
apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specked in the registered program for the apprenfce's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
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D.8.a
d. Apprentices and Trainees(programs of the U.S.DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highvray construction programs are not The following clauses apply to any Federal-aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the
The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act These clauses shall be inserted in addition to
particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics
the particular program. include watchmen and guards.
5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 91
3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
6.Subcontracts. The contractor or subcontractor shall insert work in excess of forty hours in such workweek unless such
Form FHWA rs to i i c any subcontracts and also require the laborer or mechanic receives compensation at a rate not less
subcontractors h include Form FHWAall be in any lover tier than one and one-half times the basic rate of pay for all hours 4�
subcontracts.The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. O
with all the contract clauses in 29 CFR 5.5.
2.Violation;liability for unpaid wages;liquidated
7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth
contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any
of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the
subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor
shall be liable to the United States(in the case of work done
under contract for the District of Columbia or a territory,to such
8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and
are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in
paragraph(1.)of this section,in the sum of$10 for each
calendar day on which such individual was required or
9.Disputes concerning labor standards.Disputes arising permitted to work in excess of the standard workweek of forty
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the
disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section.
of the Department of Labor set forth in 29 CFR parts 5,6,and
7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages.
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action
contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the IL
employees or their representatives. Department of Labor withhold or cause to be withheld,from
any moneys payable on account of work performed by the
10.Certification of eligibility. contractor or subcontractor under any such contract or any
g ty' other Federal contract with the same prime contractor,or any 91
other federally-assisted contract subject to the Contract Work 4)
a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same
neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be
interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this
section. O
b.No part of this contract shall be subcontracted to any person
or firth ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) E
through(4.)of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
c.The penalty for making false statements is prescribed in the subcontracts.The prime contractor shall be responsible for
U.S.Criminal Code,18 U.S.O.1001. compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1.)through(4.)of this
section.
C;
CY
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Packet Pg. 1618
D.8.a
evidenced in writing and that it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System, not applicable to design-build contracts;however,contracting r)
agencies may establish their own self-performance 0
1_The contractor shall perform with its own organization requirements.
contract work amounting to not less than 30 percent(or a
greater percentage if speed elsewhere in the contract)of
the total original contract price,excluding any specialty Hems Vill.SAFETY:ACCIDENT PREVENTION
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid
specialty Hems performed may be deducted from the total construction contracts and to all related subcontracts.
original contract price before computing the amount of work
required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall
(23 CFR 635.116). comply with all applicable Federal,State,and local laws 91
governing safety,health,and sanitation(23 CFR 635).The 0
a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
without operators. Such term does not include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the O
term may include payments for the costs of hiring leased work covered by the contract.
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a
employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into E
contractor meets all of the following conditions: pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee,in performance
(1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her cJ
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work
(3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704).
exclude individual employees from work on the project;and
(4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract
the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspect or investigate the matter of compliance O
with the construction safety and health standards and to carry
b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40
equipment not ordinarily available in the type of contracting U.S.C.3704).
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. Vlll.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2.The contract amount upon which the requirements set forth
in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid 4�
material and manufactured products which are to be construction contracts and to all related subcontracts. CL
C
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3.The contractor shall fumish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal-
direct performance of the work in accordance with the contract aid highway projects,H is essential that all persons concerned
requirements,and is in charge of all construction operations %Ath the project perform their functions as carefully,thoroughly, O
(regardless of v/ho performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or
own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the ttj
engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any
necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and
similar acts,Form FHWA-1022 shall be posted on each
4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer,or authorized representative,and such with the project:
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract.Written consent will be given only after the 18 U.S.C.1020 reads as follows:
contracting agency has assured that each subcontract is
8
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Packet Pg. 1619
D.8.a
"Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency s
character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, U)
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting 0
Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default 91
project approved by the Secretary of Transportation;or 4)
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed
and supplemented; circumstances. 0
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," M
years or both." "suspended,""ineligible,""participant,""person," 'principal,"
and"voluntarily excluded,"as used in this clause,are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such
as the prime or general contract). "Lower Tier Covered O
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier
Participant"refers to the participant who has entered into a .d
By submission of this bidiproposal or the execution of this covered transaction with a grantee or subgrantee of Federal
contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier cJ
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers). Cs
1.That any person who is or All be utilized in the g3
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be O
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from IL
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. gg)
such requirements. E
g.The prospective first tier participant further agrees by Ott
submitting this proposal that it will include the clause titled 91
X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification,in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts,purchase orders,lease agreements,consultant 0
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200- transaction that is not debarred,suspended,ineligible,or E
voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered cJ
transactions. To verify the eligibility of its principals,as well as
a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https:/Mnwv.eols.gov/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
O
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32
Packet Pg. 1620
D.8.a
i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of �
j.Except for transactions authorized under paragraph(f)of changed circumstances.
these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred,"
person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant""person,""principal,"
excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined
other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a tty
or default. copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
• •*• subgrantee of Federal funds and a participant(such as the
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant"
Participants: refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency; submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into m
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is 2
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a IL
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or
(Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is Oft
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants,each m
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(https://yAv�y.er)ls.cioy/),which is
(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The E
a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings. m
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction I.Except for transactions authorized under paragraph a of
was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily
Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the �
10
33
Packet Pg. 1621
D.8.a
department or agency with which this transaction originated
may pursue available remedies,including suspension andfor �y
debarment.
Certification Regarding Debarment,Suspension, 0
Ineligibility and Voluntary Exclusion—Lower Tier
Participants:
1.The prospective lower tier participant certifies,by
submission of this proposal,that neither it nor its principals is
presently debarred,suspended,proposed for debarment,
declared ineligible,or voluntarily excluded from participating in CL
covered transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to
certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this
proposal.
0
XI.CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed 4fi
$100,000(49 CFR 20).
°
1.The prospective participant certifies,by signing and
submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
a.No Federal appropriated funds have been paid or will be
paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of
any Federal agency,a Member of Congress,an officer or 0
employee of Congress,or an employee of a Member of
Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any
Federal loan,the entering into of any cooperative agreement,
and the extension,continuation,renewal,amendment,or
modification of any Federal contract,grant,loan,or
cooperative agreement.
b.If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
91
attempting to influence an officer or employee of any Federal
agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or tfi
cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL,"Disclosure Form to Report
Lobbying;"in accordance with its instructions. M
2.This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite E
for making or entering into this transaction imposed by 31
U.S.C.1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure.
°
3.The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts,which exceed$100,000 and that all such
recipients shall certify and disclose accordingly.
11
34
Packet Pg. 1622
D.8.a
ATTACHMENT E
PROCUREMENT FORMS FOR FEDERAL AID
CONTRACTS
a�
a
CL
a�
0
E
a
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D.8.a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT
11/1`
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor:
By:
Date:
Title:
Instructions for Certification CL
C
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost$25,000 or more-2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was E_
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
°
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant,""person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of CL
Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
CL
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated. a
0
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without E
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.gov/),which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Packet Pg. 1624
D.8.a
375-030-33
PROCUREMENT
10/01
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or
her knowledge and belief-
3
0
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
E
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's
Professional Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
317 U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
3
0
The prospective participant also agrees by submitting his or her proposal that he or she
shall require that the language of this certification be included in all lower tier E
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
°
Name of Consultant-
By- Date- Authorized Signature
Title-
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D.8.a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34
DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
02/16
Is this form applicable to your firm?
YES ❑ NO ❑
If no, then please complete section 4
below for"Prime"
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan Year: Quarter:
e. loan guarantee Date of last report: 0
f. loan insurance (mm/dd/yyyy)
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
❑ Prime ❑ Subawardee Address of Prime:
Tier if known:
3
0
Congressional District, if known:4c Congressional District, if known: M
6. Federal Department/Agency: 7. Federal Program Name/Description:
a
CFDA Number, if applicable:
8. Federal Action Number, if known: 9.Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if 0
(if individual, last name, first name, Ml): different from No. 10a) .
(last name, first name, Ml): a.
a�
11. Information requested through this form is authorized by title 31 0
U.S.C.section 1352.This disclosure of lobbying activities is a Signature:
material representation of fact upon which reliance was placed 0
by the tier above when this transaction was made or entered
into.This disclosure is required pursuant to 31 U.S.C. 1352. Print Name: 0
This information will be available for public inspection.Any E
person who fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. 0
Telephone No.: Date (mm/dd/yyyy): a
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL Rev. 7-97
0
0
0
Packet Pg. 1626
D.8.a
375-030-34
PROCUREMENT
04/14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
3
0
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if M
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
°
5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known. .�
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, 00.
rant, or loan award number; the application/proposal control number assi assigned b the Federal agency). Include
gg Y g Y)�
prefixes, e.g., 'RFP-DE-90-001."
3
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
E
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions,searching existing data sources,
gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and
Budget, Paperwork Reduction Project(0348-0046),Washington, DC 20503.
Packet Pg. 1627
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRO
OGC-03/17
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I
will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for
the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct(whether in the context of business, financial, or social relationships)
which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department")related to
the procurement of the above-referenced ("Project")that I gain access to as a result of my involvement with the Project("Procurement
Information"). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project("Proposers"). I understand that Procurement Information may CL
C
include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates. I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
0
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been
approved by the Department("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody. °
I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
U
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes..
L_
CL
Advertisement No./ Description Financial Project Number(s)
Solicitation No
CL
0
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. E
Printed Names Signatures Date
Packet Pg. 1628
D.8.a
t
4
f
Minority Owned Business Declaration
ao"ta sub-contractor engaged by Monroe County during the completion
of work associated with th below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
91
I
)L 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 0
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 E_
as been subjected historically to disparate treatment due to identification
gender makeup or national origin,which h
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and M
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 nortminority person to a minority person within a related immediate family group if ca
the combined total net asset value of all members of such family group exceeds$I 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
0
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5
IL
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.
CL
Contractor m4y refer to F.S. 288.703 for more information-
Sub-Recipient: as
Monroe County
Contractor
0
Signature Signature
+. E
Print Name: ` Printed Name:
Title/OMB Department:
Title: Verified via:
htt s: osd.dms.m florida.com directories
DEM Contract: 70002 0
Address: E
City/State/Zip
o
Date' FEMA Project Number:
Packet Pg. 1629
D.8.b
GRADMIK-01 U.0.11NION
,a►CORO CERTIFICATE OF LIABILITY INSURANCE DATE
3r2920192o1s
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 provlslons or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy,certain policies may require an endorsement. A statement on
this certificate does not confer ri hts to the certificate holder in lieu of such endorsements.
PRDOUCER ACT
CKP Insurance LLC PHONE
CONH Ex1: 561 807-0900 FAX Nog: 561 826-3782
21845 Powerline Road
Suite 205 s.Public ck insurance.com
Boca Raton,FL 33433
BC F C
INSItREUnfted_SPecialtV_Insurance Comp 12537
INSURED .. 24082
Grader Mlke LLC INSURER C;BNd efield Em to erS Insurance Com an 10701
2 Bay Drive INSURER D
Key West,FL 33040
INSURER E: �
Y INSURER F
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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 OTI•IER DOCUMENT WITH RESPECT TO WHICH TI•IIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMSEXCLUSiONISANDSONIDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE �
TYPE OF INSURANCE .....................,.POLICY NUMBER �BEEN REDUCED BY PAID CLAIMS `
.., ... .
LIABILITY
91
A I X, COMMERCIAL GENERAL. SUBR { PGLUCYEFF POLICY Y L9MR5
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D DINED SINGLE LIMIT500 000'
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AUTOMOBILE LIABILITY
X ANY AUTO X BAS(19)57495288 812312018 812312019Y IwRg P V „
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DESCRIPTION OF'OPERATIONS I LOCATIONS I VtEMCLES(ACORD 1O"L Addldwnal Remarks Schodute;may be ana dliad If more spae'a Is rsqulredi f�
Evacuation and grading of land,
REI Huff ican Irma Roadway Repairs II Lower Key Project.
The Monroe County Board of County Commissioners,Its employees and officials are Included as Additional Insured with respects to General Liability and
Auto Liability as required by written contract. Waiver of Subrogation applies to General Liability In favor of The Monroe County Board of County
Commissioners,its employees and officials as required by written contract. 30 days notice of cancallatlon EXCEPT 10 days for non-payment of premium.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The Monroe County Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
tY Y ACCORDANCE WITH THE POLICY PROVISIONS.
500 Whitehead Street,#102
Key West,FL 33040
AUTHORIZED REPRESENTATIVE
C44449k 14ri—d— Y I
ACORD 25(2016103) U 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Packet Pg. 1630