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Item D6
D.6 G 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 July 17, 2019 Agenda Item Number: D.6 Agenda Item Summary #5751 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527 n/a AGENDA ITEM WORDING: Approval of Change Order 41 to the contract with Sea Tech of the Florida Keys, Inc. for the Monroe County Sheriffs Office Headquarters Building on Stock Island which was damaged during Hurricane Irma. This change order increases the contract by $129,750.65 for a total contract amount of$479,730.65. ITEM BACKGROUND: Hurricane Irma caused damages to the Monroe County Sheriffs Office (MCSO) headquarters building including water intrusion in external walls, around windows and louvers and roof leaks. The original contract with Sea Tech was for drywall repairs, flooring repairs and spot painting of the new drywall. Once the work commenced it was noted that the following items needed to be addressed in a change order in order to complete the project: -The existing paint color could not be matched which necessitates painting all of the walls, not just the damaged areas. -Some of the walls built over the years within the offices were not permitted or built to code and could not get permitted for repair/replacement as-is. So new walls need to be completely removed and/or relocated to meet current building code. -The new windows being installed under a separate contract (with Gomez & Son) require the ceiling grid tiles to be adjusted which was not known at time of original solicitation. -Damage to a trophy case was documented by FEMA but was inadvertently left off original scope and solicitation. This repair work is outside the original scope but is less than $1,000 and is not required for re-bid. PREVIOUS RELEVANT BOCC ACTION: 3/21/19 — BOCC approved a contract with Sea Tech for drywall and floor repairs to the MCSO headquarters building. CONTRACT/AGREEMENT CHANGES: Additional painting, drywall and repair work STAFF RECOMMENDATION: Approval of Change Order 41. Packet Pg. 2015 D.6 DOCUMENTATION: Change Order 41 SeaTech contractor signed Seatech Contract EXEC MCSO Bldg. 3-21-19 FINANCIAL IMPACT: Effective Date: 7/17/19 Expiration Date: 9/17/19 (new substantial completion date) Total Dollar Value of Contract: $479,730.65 Total Cost to County: $59,966.33 Current Year Portion: $479,730.65 Budgeted: Hurricane Irma Source of Funds: 125-0459110 IRMONREI CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: Yes County Match: 75% Federal; 12.5% State; 12.5% County Insurance Required: Yes Additional Details: Original contract $349,980.00; Change Order #1 $129,750.65 125-0459110 560620 IRMONREl 560620 07/17/19 125-0459110 - HURRICANE IRMA $129,750.65 REVIEWED BY: Cary Knight Completed 07/01/2019 4:08 PM Cary Knight Skipped 06/28/2019 11:31 AM Chris Ambrosio Completed 07/01/2019 4:46 PM Budget and Finance Completed 07/02/2019 5:15 PM Maria Slavik Completed 07/03/2019 7:38 AM Kathy Peters Completed 07/03/2019 8:24 AM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 2016 D.6.a MONROE u I EEMMAGEMENT CONTRACT CHANGE ORDER PROJECT TITRE: Monroe County Sheriffs Administration INITIATION CRATE: 7/17/2019 Building Drywall& Finish Repairs CHANGE ORDER NO: 1 ca TO CONTRACTOR: Sea Tech of the Florida Keys, Inc, CONTRACT DATE- 3/21/2019 11 Palomino horse Tail 0 Big Fine Key, FL 33043 C) The Contract is changed as follows: The original ( on r, cf tLm)(Cuaranfeed Maximum Price),,.. 349,950.00 CO Net change by previously authorized Change Orders..................... The The Contact Sum) (Guaranteed Maximum Price) prior to this Change carder uwas.. A 349,980.00 � ( um) (Guaranteed Maximum Price)will be (incIgBsed j(decreased) (unchanged) by this Change Order ..- 129,7 r0.66 The new (C9 trrq. urn) Guaranteed Maximum Price) including this Change Order is....... 4-79,730. E The Contract Time will be (increased)(decreased) (uncharagad)lay,. 90 days The date of Substantial Completion as of the date of this Change Order is, .......September 17, 2019 t� Detailed description of change order and justification: 7Nao iraiti"mod sra rrrclr� ca� t�dradra cif Haar �ar, arterl Pa✓�uwfr°lama a ctf nef i�atinhe entire +golds which is na�cossgr as tmint colon cannot be matched'. �S2mf Varna ed walls could not buy wilt bacl� � due to l�t�ilcdirac�ccacde�re�t�irerracrats arrd�aeecd tra be relocat fit. 7ha nowt/�iraho���a ir�rra�rMt�allc� t c.rr?cd�r � Lsm2rLite c�nkq-ct remLe tdae cei1iMgLi til es tr3(. e adt(g3lp�. DZIMPRc to trr al v case w c rrs r d k l,r�^rric�-rrae irrrr �� t�rr��r�s lift o�� ,ri rah �r�7t�ca'verteraCw �. 0 This change order is 37% of the original contract price, Not valid until signed by Owner Ar hi°ect if applicable), and Con r t r co ARCI-IITECTiI'DESIGNER: N/A .,. gate CONTRACTOR: � � �, � ate C) BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA ATTEST: Kevin Madol<, Clam � By: By: _ ...... Mayor/Chairman Deputy Clerk MQ PCE COUNTY ATTORNEY APP ROVE D rrA,q!'O FORM i ._ .. IC A BA67 10 ASSI T NT COUNTY ATTORNEY 1 Date: Packet Pg. 2017 MONROE COUNTY SHERIFF'S OFFICE ADMINISTRATION BUILDING DRYWALL & FINISH REPAIRS Change Order Attachment per Ordinance No. 024-2015 • Change Order was not included in the original contract specifications. Yes 0 No EJ E If Yes, explanation: 0 -The initial scope included only spot painting of the areas impacted by water damage but not co painting of the entire walls which Is necessary as paint color cannot be matched. -Some damaged walls, could not be built back due the fact that they were built without permit approval over the years. Some walls need to be relocated or completely removed in order to comply with current building code requirements. -The new windows being Installed under a separate contract require the ceiling grid tiles to be co adjusted. -Damage to trophy case was caused by Hurricane Irma but was left out of original scope inadvertently. 0 • Change Order was included in the original specifications, Yes El No Z If Yes, explanation of increase in price: • Change Order exceeds$50,000 or 5% of contract price (whichever is greater), Yes Z No 0 If Yes, explanation as to why it is not subject for a calling for bids: Contractor is already onsite and working. The original scope including spot painting of only 0 damaged areas and should have included painting of all walls as paint colors cannot be matched. Replacement of ceiling tiles was a part of original scope; however, site conditions necessitate additional work due to changes brought about by the replacement of the windows in the building which, could not be foreseen by contractor or County. Trophy case damage repair was not part of original scope, however the work is less than $1,000 and therefore does co not need to go back out for bid. 0 Project architect approves the change order. Yes F1 No El 0 If no, explanation of why: to NIA—No architect on file for project E Change Order is correcting an error or omission in design document. Yes nNo Z Should a claim under the applicable professional liability policy be made? Yes El No Z < Explain: Packet Pg. 2018 D.6.a %�rft� rrrt 1r(� 1 iinC OF THE FLORIDA KEYS DESIGN BUILD CONTRACTORS .tune 10, 2019 22 Monroe County Engineering °ca a Attn: Matthew l-loward E 1100 Simonton Street,2-21 C Key Vest, Ft., 33040 CO Re: MCSO Admin Building Irma Repairs Subject: Change Order#01 —F MA Darnage fl2751 7-MA`SO Admin Bldg. � Per the damage description performed by F M.A � CO We hereby propose to furnish materials, equipment and perform the labor necessary to complete the following: 1 -Field Overhead 1.1 Dump Fees 3 ea. @ 850 $2,550.00 1.2 Supervision 1 Is @ 15900 $1 ,900.00 C) 1.3 Miscellaneous overhead costs 1 is a@ 940 $940.00 1.4 Permitting tees 1 Is @ 4750 $4,750,00 Field Overhead Subtotal $24,140.00 2 First Level Changes 2.1 Remove Existing Walls 40 hr. @ 120 $4,800.00 2.2 Add new partition walls 300 sf @ 13 $3,900.00 2.3 Adjust ceiling grid 1 Is @ 1480 $1,480.00 2.4 Infil➢ doorway 1 Is @ 740 $740.00 2.5 Install trim at doorway 1 is @ 790 $790.00 co 2.6 clean/seal restroom the floor 600 sf @ 5 $3,000.00 First.Level Changes Subtotal $14,710.010 3 -Second Level Changes 3.1, Trophy case drywall ceiling 1 Is @ 360 $360.00 3.2 clean/seal restroom tile floor 650 sf @ 5 $3,250.00 Second Level Changes Subtotal $3,610.00 4-Electrical Changes 4A Electrical 1 Is @ 4800 $4,800.00 E Electrical Changes Subtotal $4,800.00 a, 5-Interior Paint& Remove Thresholds 5.1 Paint all walls in work areas 35002 sf @ 1'.78 $62,303.56 5.2 Deduct paint drywall replacement areas -4480 sf ct+ 1.78 - 7,974.40 (original bid) 5,3 Paint Stairwells 2 ea. @ 1650 $3,300.00 Page 1 of 2 Packet Pg. 2019 5A Prep/Paint handrails in stairwells 166 If @ 22 $3,652.00 5.5 Relocate Existing Walls 6 h rs. @ 80 $480.00 5.6 Add new partition wall (storage area) 207 sf @ 13 $2,691.00 5.7 Drywall 414 sf @ 8 $3,312,00 5.8 Baseboards 46 If @ 225 $10150 5.9 Adjust ceiling grid 22 h rs. @ 80 $1,760.00 5.10 Adjust ceiling lights 1 Is @ 800 $800,00 Interior Paint& Remove Thresholds Subtotal $70,427-66 S E Subtotal $117,687.66 0 Co Overhead 5% $5,884.38 $123,572,04 Profit 5% $6,178.60 TOTAL $129,750.65 Co All material is guaranteed to be as specified and the above work to be performed in accordance with the manufacturer's specifications and completed in a substantial workmanlike manner for the SUM Of' 0 4) One Hundred 'Twenty-nine Thousand, Seven Hundred Fifty and 6 5/00......$129,750.65 Payment in Monthly Draws Any alteration or deviation from above specifications involving extra costs will be CXeCUtcd Only upon written orders and will become an extra charge over and above the estimate. All agreements Contingent Upon strikes, accidents,or delays beyond our control. Owner to carry tire,tornado and other necessary insurance Upon above U) work. Workers Compensation and General Liability insurance on above work will be taken out by SEATECI 1, IN(% Note- This proposal may be withdrawn by us if not accepted within 30 days. 0 ACCEPTANCE OF'PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted. YOU are authorized to do 4) the work specified. Payment will be made as outlined above. CO Signature Date 0 E Page 2 of 2 1 Packet Pg. 2020 P4oz couRr" tJ•z°°°°°�°�F•• Kevin M ad o k, CPA Q'• P .. 0 •.. .. �s Clerk of the Circuit Court&Comptroller—Monroe County, Florida Nye coo DATE: April 15, 2019 TO: Tainrny Sweeting Interim Executive Administrator FROM: Pamela G. Hanc cD.C. co c� SUBJECT: March 21" BOCC Meeting Attached is an electronic copy of the following item for your handling. co D9 Contract with Seatech of the Florida Keys Inc. for the Monroe County Sheriffs Office Headquarters Building Irma Damage Repairs Project in the amount of$349,980.00. Should you have any questions, please feel free to contact me at(305) 292-3550. t� cm co t� t� 0 t� co cc: B. Erickson/A. Mytnik County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2021 D.6.b Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM 22 AGREEMENT made as of March 21, 2019. E BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street 0 Key West, FL-33040 And the Contractor: Seatech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key, FL 33043 co For the following Project: MCSO SHERIFF'S ADMINISTRATION BUILDING DRYWALL AND FINISH REPAIRS Scope of the Work Contractor will be required to provide all labor and materials necessary to reinstall drywall and to insulation in all walls and ceilings where it has been removed. Contractor is required to apply new drywall and insulation in all areas where it was removed for mold remediation. In all cases,finishes are to match adjacent existing surfaces. All drywall and insulation work shall include all taping, cm sanding, mud, screws, trim, and paint to make a complete code compliant surface that matches the existing.Anywhere there are existing lights, switches, plumbing fixtures and outlets,these will be remounted in the new wall surface, and all backing reinstalled where removed. co The following is a detailed scope of work for each location in the building. All measurements shall be verified in the field. a. First Floor i. Flooring finishes and wall bases located in the hallway, elevator lobby and restrooms are to be removed along with the corresponding mastic/mortar. ii. All exposed concrete substrate shall be prepared in a manner that complies with the specifications required to install the identified HTC a, Superfloor Polish System. 1. Standard single color from an approved manufacturer co iii. All walls that have had drywall removed as a result of previous work or that was damaged as a result of the removal of wall base mastic/mortar removal shall be refinished in a good and workmanlike manner. Contractor will be responsible for replacing any damaged hat channels or other ledger board system that may have been damaged or removed. iv. Contractor will be responsible for resetting existing wall mounted outlet boxes as well as floor box faceplates. Floor drains will be finished with grates that are flush with grade. V. All walls with a drywall finish will be painted. Packet Pg. 2022 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 2. Approved color in a matte finish vi. A Roppe (or equivalent) rubber base will be installed throughout the facility with proper detailing at corners. Contractor to provide a base solution for floor/wall transition in restrooms. 3. Approved color from standard color palette vii. Contractor to furnish and install casework for both lowers and uppers in the area identified as: "Lunch/Break Room 1132" with (corresponding sink and plumbing) and "Records Work Area". 4. Approved laminate finish from standard color palette viii. Contractor will be responsible for protecting partitions in restroom as they are to be reused. ix. Contractor to replace all acoustical ceiling tile. co to b. Second Floor i. Flooring finishes and wall bases located in the hallway, elevator lobby and restrooms are to be removed along with the corresponding mastic/mortar. co ii. All exposed concrete substrate shall be prepared in a manner that complies with the specifications required to install the identified HTC Superfloor Polish System. 5. Standard single color from an approved manufacturer iii. All walls that have had drywall removed as a result of previous work or that was damaged as a result of the removal of wall base mastic/mortar removal shall be refinished in a good and workmanlike manner. to Contractor will be responsible for replacing any damaged hat channels or other ledger board system that may have been damaged or removed. iv. Contractor to provide a proposed solution to integrate new flooring cm system with the store front glass wall at"Secure Lobby 2100" V. Contractor will be responsible for resetting existing wall mounted outlet ' boxes as well as floor box face plates. Floor drains will be finished with grates that are flush with grade. co vi. All walls with a drywall finish will be painted. 6. Approved color in a matte finish vii. A Roppe (or equivalent) rubber base will be installed throughout the facility with proper detailing at corners. Contractor to provide a base solution for floor/wall transition in restrooms. 7. Approved color from standard color palette viii. Contractor to furnish and install casework for both lowers and uppers in the area identified as "SEC. Area 2153" 8. Approved laminate finish from standard color palette a, ix. Contractor will be responsible for protecting partitions in restroom as they are to be reused. co X. Contractor to replace all acoustical ceiling tile. Contractor shall adhere to manufacturer's specification sheet and Section 33543 Polished Concrete Finish for installation guidance. AGREEMENT Page 2 of 99 Packet Pg. 2023 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions including the General Conditions provided in the Request for Proposals(RFP)), Documents, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy co between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract co The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion t' 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. cm The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days after the date of commencement or issuance of a Notice to 22 Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in co the milestone schedule. t� t� Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. t� FIRST SECOND 31ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day co $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. AGREEMENT Page 3 of 99 Packet Pg. 2024 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Forty Nine Thousand Nine Hundred Eighty and 00/100 Dollars($349,980.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: ADD Alternate##1: (Price shall be in addition to base bid shall the alternate be approved) All work in the elevator lobby, hallways and bathrooms of the first and second floors. co Seventy Five Thousand Two Hundred Fifty Five and 00/100 Dollars (Total Base Proposal-words) $75,255.00 (Total Base Proposal—numbers) co 4.3 Unit prices, if any, are as follows: none. ARTICLE 5 Progress Payments t� 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project cm Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract ' Documents. Fn co 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents.The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of co Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: AGREEMENT Page 4 of 99 Packet Pg. 2025 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line E item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to co that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction.(or, if approved in advance by the Owner, suitably stored off the site at a co location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. t� 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b), Florida Statutes. cm 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, ' "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be ca reduced incrementally at the discretion of and upon the approval of the Director of Project 0 Management. e� ARTICLE 6 W Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty(20) co days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien AGREEMENT Page 5 of 99 Packet Pg. 2026 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). 22 E ° B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. co ca E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. co G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or to another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. cm 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. ' 7.3 Temporary facilities and services: As described in Section 01500,Temporary Facilities, of 0 the General Conditions. to 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon W an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals a, 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, co and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. AGREEMENT Page 6 of 99 Packet Pg. 2027 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 22 Contractor will promptly notify the County if it or any subcontractor or Contractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. 7.6 The following items are included in this contract: co ca a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this agreement or for a period of three co (3)years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained to by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. cm b) Governing Law, Venue, Interpretation, Costs, and Fees, This Agreement shall be22 ' 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 0 that any cause of action or administrative proceeding is instituted for the enforcement to or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe W County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. t� c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, co covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The.County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. AGREEMENT Page 7 of 99 Packet Pg. 2028 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. a e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective E legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery co and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. co g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 0 h) Adjudication of Disputes.or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer to sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. cm This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this 0 Agreement, County and Contractor agree to participate, to the extent required by the t' other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all co local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the.basis of race, color, religion, sex, and national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC§§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, AGREEMENT Page 8 of 99 Packet Pg. 2029 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)Title VI I of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis E of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race,color,sex, religion, national origin,ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other co 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 co Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: t� 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender cm 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 co be limited to the following: Employment, upgrading, demotion, or transfer, t� recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 0 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. co .3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other AGREEMENT Page 9 of 99 Packet Pg. 2030 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 22 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 0 1965, and shall post copies of the notice in conspicuous places available to to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the co 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 t' Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. cm 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or co federally assisted construction contracts in accordance with procedures t� authorized in Executive Order 11246 of September 24, 1965, and such other to sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 0 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon co each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may E direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. AGREEMENT Page 10 of 99 Packet Pg. 2031 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire.any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. a 1) 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 co contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not co paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. t' n) Public Access. Public Records Compliance. Contractor must comply with Florida public records laws, cm including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit ' reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the 0 provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records co Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. AGREEMENT Page 11 of 99 Packet Pg. 2032 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provide_d in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from22 E public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to E the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public co records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the co Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that 0 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 to be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow cm the records to be inspected or copied within a reasonable time. 22 If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance 0 with the contract, notwithstanding the County's option and right to unilaterally t' cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision 0 or as otherwise provided by law. a, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE co APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Right to Audit AGREEMENT Page 12 of 99 Packet Pg. 2033 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Availability of Records.The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to co inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through co interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or to 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. cm p) Privileges and Immunities. All of the privileges and immunities from liability, ' exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, 0 agents, or employees of any public agents or employees of the County, when to performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation co or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to AGREEMENT Page 13 of 99 Packet Pg. 2034 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for_the_ purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may22 E reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of co Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken co together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any claims, actions or causes of action, to (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage,fine, penalty or business interruption, and (iii)any costs or expenses that may be asserted against, cm initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, ' contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct,errors or other wrongful actor omission 0 of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) to Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section a, will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. co In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. AGREEMENT Page 14 of 99 Packet Pg. 2035 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. FDEM Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless E the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including,'but not limited to, reasonable attorney's fees, to the extent caused by the negligence, E recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. co This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity. w) Section Headings. Section headings have been inserted in this Agreement as a matter co of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part �? with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of cm the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and ' regulations to ensure that DBE's have the opportunity to compete and perform contracts.The County and Contractor and subcontractors shall not discriminate on the 0 basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition,the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. co Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: AGREEMENT Page 15 of 99 Packet Pg. 2036 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS For Contractor: Robin Szmanskv Seatech of the Florida Keys Inc. 131 Palomino Horse Trail Big Pine Kev FI 33043 For Owner: Director of Project Management Assistant County Administrator. PW& E 22 1100 Simonton St.. Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as 0 applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended co (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). 7.8.2 Not used. 7.8.3 Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each cm CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is 22 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 co 0 provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7.8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or 0 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 co to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.8.5 Clean Air Act(42 U.S.C. 7401-7671Q.),Water Pollution Control Act(33 U.S.C. 1251-1387) as amended. Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 AGREEMENT Page 16 of 99 Packet Pg. 2037 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 7.8.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 7.8.7 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). CONTRACTORS that apply or bid for co 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 co award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 7.8.8 Compliance with Procurement of recovered materials as set forth in 2 CFR �. 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of t' Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of cm 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; Fn and establishing an affirmative procurement program for procurement of recovered co materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within W a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about- this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, hops://www.epa.gov/smm/comprehensive-procurement-guideline-cpq-program. C1 Other Federal Requirements (as applicable): 7.8.9 Americans with Disabilities Act of 1990, as amended. (ADA). The CONTRACTOR will co comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.8.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The COUNTY and its CONTRACTOR AGREEMENT Page 17 of 99 Packet Pg. 2038 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, co seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the t� 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: co 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; �? 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's cm 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 0 affirmative steps listed in paragraph (1)through (5) of this section. t� 7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the t' employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.12. Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that co 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. E 7.8.13 Access to Records. The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of.their authorized representatives access to any books, documents, papers, and records of the AGREEMENT Page 18 of 99 Packet Pg. 2039 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 7.9 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management(Division) and attached hereto as Exhibit"B". 7.10 The Contractor is bound by all applicable local, County, State, and Federal laws and co regulations. 7.11 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extend allow and required by law. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of t? service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. cm B. Either of the parties hereto may cancel this Agreement without cause by giving the 22 other party sixty(60) days written notice of its intention to do so. ca co C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach 0 is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however,the co COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the AGREEMENT Page 19 of 99 Packet Pg. 2040 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue E for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.2 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been co placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of co Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's cm determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida22 ' Statutes, are met. ca ARTICLE 9 co Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: None b) Project Manual: None to c) Documents: H and C INFUSION Acetone Dye Stain Spec Sheet Section 33543 Polished Concrete Finishing co 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None AGREEMENT Page 20 of 99 Packet Pg. 2041 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 9.1.4 The Addenda, if any, are as follows: Number Date Page 1 February 22, 2019 8 This Agreement is entered into as of the day and year first written above and is executed in at least one(1)original copies a copy of which is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW C0 t� C0 t� C0 ca ca 0 t� C0 AGREEMENT Page 21 of 99 Packet Pg. 2042 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS i on by the Contractor must be by a person with authority to bind the entity. RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. F BOARD OF COUNTY COMMISSIONERS vin Madok, Clerk OF MONRO OUNTY FLORIDA CCU By: Deputy Clerk Mayor/Chairman Date ` (SEAL) co c� CONTRACTOR'S Witnesses Attest: CONTRACTOR: Seatech of the Florida Keys Inc a, Contractor must provide two witnesses signatures Signature: co Signature:~/C{i1��n x , e' }yD ftr� c� Print Name: y o, L sCe IF Print Name: Title: Feral Qy� Mat'"Sj r Title: �>x.¢ce. u.e, � �,c�->�a�tc Date:--? -z °I Date:_ and . o -ra Signature: MONROE COUNTC ORcd r , APPR VED22 A RM Print Name: e TS 0 11 -- Title: /'o t-e ClT H S B ~ _10 .. ASSI TANT UN -ATTORNL ; Date: /�7 C, Date: -:. STATE OF FLORIDA, COUNTY OF HOA1e0 e- On this C;V'nda tw&RCA y of 20LI, before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for MONROE CO COUNTY SHERIFF'S HEADQUARTERS BUILDING IRMA REPAIRS for the purposes therein contained. Notary Publicc(, Ltr �2Q /�1g over Notary Public State of Florida Print Name la KK U i� , c�e���r7g = Tamrpy L Sweeting 1aQ My Commission GG 124623 T— �?_�cF Expires 07/16/2021. My commission expires: 7 ! O Z Seal End of Section 00500 AGREEMENT Page 22 of 99 Packet Pg. 2043 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS a co c� co EXHIBIT "A" DEPARTMENT OF LABOR WAGE DETERMINATION cm co C0 EXHIBIT "N' Page 23 of 99 Packet Pg. 2044 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS General Decision Number: FL180063 07/06/2018 FL63 Superseded General Decision Number: FL20170063 State: Florida Construction Type: Building E County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). co to 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 co (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.35 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018.The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. cm Modification Number Publication Date 0 01/05/2018 1 01/12/2018 co to 2 02/23/2018 t� 3 03/16/2018 4 07/06/2018 to ELEC0349-003 03/05/2018 co Rates Fringes ELECTRICIAN...................... $ 33.11 12.31 ENG10487-004 07/01/2013 OPERATOR: Crane All Cranes Over 15 Ton EXHIBIT "A" Page 24 of 99 Packet Pg. 2045 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Capacity.................... $ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under....................... $ 22.00 8.80 ° I RON0272-004 10/01/2017 IRONWORKER, STRUCTURAL AND REINFORCING...................... $24.89 10.10 co PAIN0365-004 07/01/2017 PAINTER: Brush Only.......... $ 20.21 10.08 *SFFL0821-001 07/01/2018 co SPRINKLER FITTER(Fire Sprinklers)...................... $ 28.38 18.89 SHEE0032-003 12/01/2013 SHEETMETAL WORKER(HVAC Duct t� Installation).................... $ 23.50 12.18 SUFL2009-059 05/22/2009 cm CARPENTER........................ $ 15.08 5.07 22 CEMENT MASON/CONCRETE FINISHER... $ 12.45 0.00 FENCE ERECTOR.................... co $ 9.94 0.00 LABORER: Common or General...... $ 8.62 0.00 t' LABORER: Pipelayer............... $ 10.45 0.00 OPERATOR: Backhoe/Excavator..... $ 16.98 0.00 e OPERATOR: Paver (Asphalt, t� Aggregate, and Concrete)......... $ 9.58 0.00 co OPERATOR: Pump.................. $ 11.00 0.00 PAINTER: Roller and Spray....... $ 11.21 0.00 PLUMBER.......................... $ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and EXHIBIT "A" Page 25 of 99 Packet Pg. 2046 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Single Ply....................... $ 14.33 0.00 SHEET METALWORKER, Excludes HVAC Duct Installation........... $ 14.41 3.61 TRUCK DRIVER, Includes Dump 22 and 10 Yard Haul Away............ $ 8.00 0.15 WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. co 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 co for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EOis available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listedcm may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). co to The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. W The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey: Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation co identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198.The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. EXHIBIT'W' Page 26 of 99 Packet Pg. 2047 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA)governing this classification and rate. Survey Rate Identifiers 22 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 co 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. co Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union cm average rate.OH indicates the state.The next number,0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. co t� A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS e to 1.) Has there been an initial decision in the matter? This can be: co * an existing published wage determination E * a survey underlying a wage determination * a Wage and Hour.Division letter setting forth a position on a wage determination matter EXHIBIT"A" Page 27 of 99 Packet Pg. 2048 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS * a conformance(additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be22 E followed. a 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 co Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. co Washington, DC 20210 2.)If the answer to the question in 1.)is yes,then an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part � 1.8 and 29 CFR Part 7). Write to: to Wage and Hour Administrator cm U.S. Department of Labor 200 Constitution Avenue, N.W. ' Washington, DC 20210 co The request should be accompanied by a full statement of theinterested party's position and by any information (wage payment data, project description, area practice material, etc.) that the to 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: 0 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. co Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT"A" Page 28 of 99 Packet Pg. 2049 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS.BUILDING IRMA REPAIRS a co c� EXHIBIT "B" MONROE COUNTY FDEM AGREEMENT co cm co C0 EXHIBIT "B" Page 29 of 99 Packet Pg. 2050 MONROE COUNTY SHERIFFS HEADQUARERS BUILDING IRMA REPAIRS E APPENDIX C-I-Grants[Subgranis DIVISION OF EMERGENCY NIANAGE.s-IFINT Co Crunt/Untneand Aid Siftrmat Routing Shcct E nkm cm=,tG.--nt munber-Z0002 91rd 'k *rvm; r RrojmLh Di%ftiimApptuval:. — le fQk, 47 0 C0 1,%-1CgfAgr,,m:m: A)Or= 6,t A S',jhprzm,kfr�wmxi Rml R,%iaw-finance 4 e- -Tifol-er-d-- Co 'fr bm'!R-mn 0 ty,1. Rus lcw-r1wimul: Alic RxCitcd rhxd-Nigivil Sil'I'djuu-. C14 $Cc,,flil Ktiivv,- 1.c8al: Date Rcceivoj DUICRC•.inwd 0 Di'LlUodkill: I Nyliftwilleall will.Original Apeultwm 2-Grip-1, with Orivim.1 Acircen-wn I Vi,"l Ntpp!g%6!h Copy of C0 Agm-clucul w x w C0 j- J rdrt:3U Ul 77 Packet Pg. 2051 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS SUBGRAAt+ITEE AND COKMGTUAL AGREEMENT INFOR&IATQQN SHM__._ -I SEGTiON 1-GEN@RAL COhiTRACTIGRANT INFORMATION CONTRACT tF: 7tA702 AWARDNAGUNT, _ DIVISION�_—DF,&J BUREAU_ Fern efy PkOCRAM: Q RA3371E%c*-I Furldsl ca SUBGRANTEEICONTRACTOR NAME: Mwroe Caun S4J6GRANTEErGOIdTR4CT0E2 ADDRESS: _11Q0 Sttnorlton St_,Ste.2-213,Key West,FL 33a� WARRANT REMITTANCE ADDRESS) Same as abare 0 SUBGPA.' 04TEEICONTRACTOR CONTACT PERSON S TITLE: �(�UE�S�J Q�ch-hRar�leFinae�e 8 Shared Servicxs S.1ar+�ger PHONE: 305.20-2.402 FAX: E-MAIL' a+rra;�manroeoounty-il.nov � as DEM CONTRACT MANAGER:_L °, s CO BEGINNING DATE:_-i9110117.1 ENDING DATE- (VTW181 FEDERAL EMPLOYER IDENTIFICATIOWSOCIAL SECURITY NUMBER: 5&6aCi77d9 I � � � OR SAMAS FUND IDENTIFICATION NUMBER 4) (STATE AGENCIES ONLY•29 DEWTS) MINORITY VENDOR CtldE; (I[Appli ,Choose on,-,K-Black,i-Hispaoh..J-Astan,K-Nafiti*American,WWoman) C3 SECTION 2-SUBGfTAAIT i2ECIPiEN ATAF3A5E*IHFr7Rt'dATtf}N ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY: C+7. UiVTY COUNTY AWARD AMQUNT LINTY MATCH AJu9al pptJT_ Monaoe $2A58,536,94 cue STATEWIDE ALLOCATION SECTION 3.SUBGRANT1CQN'TIRACT mNANCIG.L INFQ QOF CO 0 dfMT REPORTING RF_aui CEMENTS:qjL _(Grant Awards Onlyy(FAGS-MontK f,QR-Querterty,NA) ORGANIZATION LEVEL CFDA#. 97.036 CSFA#; r)EM GRANT# 4137F FUND 1 2-750€01-105150 EO Z2 S IDE1A GRANT#_-43379 FUND 2 M$9047.10$15E1 EO Z3 5 � [, DEPA GRANT# FUND 3 EO_3 C) IF THIS 1S A MODIFICATION; MODIFICATION#:_ EFFECT OF MODIFICATION: AMOUNT OF INCREASFJDECREASE IN AWARD AMOUNT: CO SECTION 4.FINANCE AND.4C(L OUNTING V_SE 4NLY{ic he completed by Finance and Accaurling) es F1D# SAMAS CONTRACT N.- INPUT BY, DATE: CAr]101 I D rage 31 Or vu Packet Pg. 2052 D.ti.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS- RECIPIENTISUBRECEPIENT VS-VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from,the Executive Office of the Governor's wabsite(http:lltiw ia.myRorida.comfmftrida!governn.entlgovernoriniliativasrfsaafiindex.html), IF a Florida Single Audit Act State Project 9ele►mination Checklist has not been previously completed,pleas$comW,0te it now. (Applies only to State agencies) Th s checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act(FSAA)to non- state organizations'after a state program has been determined(using the Florida Single Audit Act State Project Determinatiorr Checklist)to provide state financial assistance(i,e.is a Stale Project as defined in 215.97(2j(r),F.S.). This checklist assists in deterrr ping if Me,.on-stato organization is a vendor,recipientlsubredpient,or an exempt organization. 0 'A non-state organization is defined as a nonprofit organization,for-profit organization(including sole proprietors),or C� Florida local government(excluding district school boards,charter schools and community eortges),which receives Stale resources. ea cs Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the appt_icab:tity of the FSAA to non-state organizations to which.they provide State resources to assist in carrying out a State Project. C0 Name of Mon-state Ofganization:mnarne CrAinry � Type of Non-state Organization: F emnl C;mommnnr (i.e_nonpmofit,for-profit local government;If the non-state organization is a local government,ptaase indicate the type of local government—municipality,county commission,constitutional officer,water management district,etc.) Awardlhg Agency:.D�dL9irmmF i=_meiga c ti�amea Title of State Project-Fm�mtr}mat fa phi+r Aesranra nr dz�a Catalog of State Financial Assistance(CSFA)Number. ContractJGrantrAgreement Number:70117 PART A Fps NO 1. Is.the non-state organization a district school board,Darter school,eommvnlrj college, governm,entlpubfic university outside of Florida or a Federal a�enlcy? X 2. Is the relationship with the non-state organization only to procure commodities(as defined In 287,012(5)F.S.)? !� 3. foes.the relationship with tare non-state organization consist of only Federal resources,Slate C0 matching resources far Federal Programs or local matching resources for Federal Programs? X 4. Does the relationship with the non-state organizaftri consist of only State maintenance of effort (I41OE)? resources that meet all of the following criteria? X A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? 2C B. Do contracts contain sufficient tanguage to identify the Slate 1440E resources and the associated Federal Program? X C. Do A-133 audit vaquirarvents apply to the State MOE resources and do cawacts stipulate that 0 the State WE resources should be tested in an A-133 audit in accordance vtilh Federal Program requirements? MOE refers to the Federal maintenance of effort![evet of effort requirements as defined by OMB Circulaa A-133 4) Compliance Rimiulrement G(Matching,Level of Effort,Earmarking), C0 If any of 1A above is yes,the reeipient'vendor relationship determination does nog need to be completed because tho 4) FSAA is not applicable to the nomstato organizatlon, Revised January 01.2002 Form Number:FSAA CL2 DnniDi i D rage sc or VV Packet Pg. 2053 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS PART B_ RecipientNendor Relationship Determination, The foilo°:ring should be analyzed for each relationship with a non-state organization where it has been determ!ned that the state piograrn provides state financial assistance(i,e,ss a State Project)and the non-state organization is not exempt based on the questions above. This relationship may be evidenced by,but not ii-mited to,a contract,agreement,or application. YES NO ca 1, Does State law or legislative proviso crease the non-slate organization to carry out this State Project? i T _ 2. is the non-state organization required to provide matching resources not related to a Federal Program? 3 is the non-state organization required to meet or compty with specified State Project requirements in order to receive Stale resources? (State Project requirements include lays,ruler,or guidelines specific to the State Project such as eligibility guidelines,specified types of jobs to be created,donation of , CO i specified assets,eta Specified State Project requirements do not include procurement standards, general guidelines,or general lawsirutes,) A- Is the non-state organization required to make State Project decisions,which the State agency would 0 i attscnvise make? (e.g.determine eligibility,provide case management.etc.) _ 5. Is the non-state organlzation's performance measured against whether State Project objectives are met? (e.g.number of,jobs to be created,number of patients to be seen,number of disadvantaged citizens to era O o be transporled,etc, Performance measures may or may not be related to State performance-based M°dgeting.) If any of the above is yos,there Is a recipienttsubrocipfonl relationship and the non-state organization Is subject to the � FSAA_ Otherwise the non-stale organization is a vendor and is not subject to the FSAA PART C Based on your analysis of the responses above and discussions with appropriate agency personnel,state your conclusion C) regarding the non-state.organizatiom (Check one) ReciplentlSubreclplent X Vendor: Exempt Organtzativn: Comments: Print Name: 'i En&zs Telephone Number.815-4419 Title: Grant Wripagai; Signature: _ - Date: 3- Z - 2.71 CO Mote it is the program personnel's respon3ibility to notify Finance and Accounting of which non-state organizations have been deterralned to be recipients and are receiving state financial assistance(i.e,disbursements must be coded as 7500 Object code in FLAIR). Mare fit is possibfa to h6va a cQutracfual agmameru wflh a non;sfalo argar<?izallon angler Chapter 287,Florila Swuras,a4rf stAl consider 1ha non-state organization a recipient under fhe,Flor•,ida Single Audit AcL If a recipienrtsubrecipient relabionship exists the standard contract audit language,including Exhibit 1,must be N14udad in the document that established the States,recipient's,or svbrecipient's relationship%vith the non-state organization. 0 Questions regarding the evaluation of a non-state organization or it has been determined that the non-state organization Is a recipient and a CSFA number hass not been assi red,contact your FSAA State agency tiatson or the Executive 011ie* of the Go°rerrto;r,Office of Policy and Budget,Budget Managemeivt Policy Unit at(850)437-3832 or Suncorn 277-3832. Reference may be made to Rule 2713-1,FAC. CO Revised.lanuarj 01,2002 Form Numfsr FSAA_CL2 r-Amer I o rage ss or mj Packet Pg. 2054 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS ConitaeeNurnbcr, �CCU2 a FEDERALLY-FUND15:0 9 UBAWARO AND GRANT AGREEMENT ca E 2 C.F.R_§2w.92 states t?Iat a`slra rsrcf mny bo pravided Ih.oUgh any r0rsn ONegal agraemoni.i=1,jdirg an agrc:Ornent that Via pass.throucjh on6ty considers a tartmct,, C0 As deflnea by 2 C,F.R,VM.74,`Pegs 1fJough ontitf means`a prcvilas m rubaward to a Sub�Rr. Oient to carry out pan of m Federat ysogram.' A.s dcftra_d by 2 C.F.R.§200.cs3."Su2,•R&6piant`mear�'a non-Federa!enutythit receives a subwvand from a pass•thrcugh®nSityto carry 00 p:s T of 8 Federal program.' ds C0 As def<,ned by 2 C.F.R,§2CO,3a,-Federal 3wAW mems-Federal financial assistance that a r*rhFe*ml entity secelves dne0y,from a Fe leml mattd:erg agunry or ind recly frCM a pa-tS-through entity.' As defined tW 2 C.F.R_5200.92.'suba yard'manns'an award proVded by a gtr"lhrcwgh entity 1a a Scb- ds RecVient iof the Sub-Redplent to carry rut par,of a Federal arty ord rvpoivcd try the pass-Itwugh amity." The fol!cWng inforrnatien is p1wadod ptrrsuantto 2 C.F.R.§200,331(a;{t): Sub-Recipient's namo: mom slr+ty _ $uB.R*cip,vaft PA 10JFIPS Numbnir, Ofs?.941R7a�t M Su's-Recdp�*nt's vnitpso entity Idttttitfiier Foderat Award idenaf;mticn N=ber(FAIN!P Federal,Award Dme; Sub:rcrard Pey od of Performance Start and End()ate. !t r'019—OSri _f+�__ _ 0 Amount of Federa3 Funds Qbllgatel by this Agraesrtant. TOW Aim=of Fodaral Funds otalkga;5d 10 the Sub-Redvient by tare vase;ftmugh entity to ine Wo tht5 Ag reemert s 537 ga Totat Arrount of the Federal Award acrnm:ted to the SL-b-Rec1plen4 by the pa,y.t4rough 9nGty: SZ&5S535 PA Federal award prv;>Cl derscrip.lon(see FFATA) aC-ant.o L4e$f Cz••nrrm nA for debrin rr3mmV 19n m-gogi 0 m ecth*measurgg and re it ar �ia�1e_'tt r!f diC.7ster d�m�ted g' :a p"itiow Name cat Federal awarding agency g pp> aln ;w rily rr7Hg} A-encviFE.4SAf__ _ Kleine of pass-,hrogh entity:. (Iori74 Frhemenrt $�j2aa ,arrw� t fFDEMA a� r—AnIDI I D t'age 34 or vu Packet Pg. 2055 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 7 Comae inPgrrnalipa for Cne pass•thtagh CnSfi•: ���vmp;a Q�k BPrtl Fatla:iassm Ft 3�,399.2100 ° Calaleg of Federal Duneslic Ass:lan•cc[CFDA]lumber arx7 Mirnae: y7, 8 PuCJic axc�taaE Whe l,.ar the n•.vard is Rcscarch&Dswe aprnenl h!+A 1r rree!c051 rala ta'tFs Fetfcnrl avard: 5r}c by 44 C F R C0 C0 M C0 0 C0 �nnror i o rdge of ur U� Packet Pg. 2056 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 3 THIS AGREEMENT is entered into by the State of Florida,Division of Emergency Management, with headquarters in Tallahassee.Florida(hereinafter Waited to as the"Olvision"),aid MgRM&"i94nty, (hereinafter referred to as tha'Sub-Recipient•'). For the purposes as ibis Agreement.the Division serves as the pass-ihrougit entity for a Federr] award.and the Sub•Recxaient serves as the recipient of a subaward. THIS AGREEMENT 15 ENTERED 114TO SASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and 09010 to receive these grant funds to provide the mrvices identified herein. 8- The State of Florida received these grant fund;,from the Federal goveromant,Bad the; � DWsion has the audhority to subgrant these funds to the SubmReelpient upon the terms anrf.condillons outlined balmw and, co C. The Division has stal0ory authority to disburse the funds under this Agreement. THEREFORE,I"D;v'fiion and the Sub-Recplenl agree to the foliraaving; (1) APPLiCATION OF:STATE LAW TQ TNF$$OREE:htEMT 2 C.F.R.§200.3D2 provide$;'Each state must expend and account for the Federal award 0 in accordance with state laws and ptor<Wurrs for expending and accounting for the stmes own funds,' Therefore,section 216.971.Florida Stalutes,entitled",Acdroo nents fumed With federal at stale assistance'.applies to this Agreement (2) LAWS-rqg,[r-5.REGtltATIONS Ar4D POLICIES a. The Sub-Recipient's performance under this Agreement is.svt ject to 2 C.F.R,(art 200,entiticd Unifatm Admit isImIive Requirements,Cost Princip;es..and Audit Requirements for Fedora; cue Awardt._' b, As required by Section 215.971(1).Florida,$salutes,this Agreement indudes: 1. A provision specifying aside of work,that clearly estaWishes the tasks that the;aub-Figdpient Is requiredto perform, (0 U. A provisbri dividing tho.agreement Into quantifiable units of delivoratles that C� must he received and accepted In writing by the Division before pmynter t- Each deliverable must be 4rectly relatod to the scope of vwk and Specify;tie required minimum level of service to be performaci and iho criteria for e'valunting the suD.-essful completion of each detiverab o, � €;t. A provision specifying ihe;nanclat consequanees that apply if item Sub- Recipient falls.fo performs the minimum revel of service required by the agreement d3 iv, A provision specifying that the Sub-Recipient may expend Funds-only for allowable cxisis resulting from obligalionS i11curred during the specified agreement period. V. A provision spec Eying that any balance of unobl4ated funds which has bees; advanced or paid must be refunded to the Division. C0 C/�rl1Ol 1 O rdr'e 30 U1 77 Packet Pg. 2057 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS a �1 E vi. A provsbm specifying that tiny funds paid in excels of tho amount to which the Sub-Recipient is entitled under the terns arty condWons of the agreement must be refunded to the :3 DK'isi[3n c. In addition to the forgoing,the Sub-Re�-Z5ient and the Divis on shall be governed by all appllCab!q Stale and Fec;wal"vs.rules and regulations- Any express reference in this Agreement to a particular stattrle,rule,or regulation in no way impGes that no other sfa'u1e,rule,or regufalion applies. CO (3I COM11.A ,T C) a. In accerdancewilh section 215.971(21,Florida Statutes,the Division's Grarii Manoger shall be responsible for enforcing per errand:of this Agreeme.t's tefrns and tonditicos and shah serve as the Division's liaison with the Su�)•Recipie.nt As part of nlsfilCr duties,the Grant hanagor for the Mvisicn shall: 4) CO L Mcnifor and document Sub,Reclpient performance:and, ii. Review and document all deliverables for whk;h the$0-Recipient requests as payment. b, Th(j Division's Grant Masnagra for this Agreement is: 4) Lili?i1a Forbes ter 2555 Shum2rd Oak Blvd.Ste.360 Ya74ihossee,FL.32399-2100 Telephone: 850-815-4419 �mait:LiliGla.ForbesiMem.myllIcnida-cum r" T1w mama and address of the Roprosentatrve of the Sub-Recipient responsible for the administralbn of this Agreement is: �r Laura deLoach-Hartle 00 1100 Simcnton St,Ste,2.213 CO Key West,FI,33040-3110 C) Tet hore:30&292-4482 Email:cetoachher,Fe faurarevnroecosnty-Sl.gor d, In the event that different representa,'N%as or addresses are designated by either party after execution of this;Agreement,notice of the name;title and address of tide rww representative oaf?be � patrvdded t0 the other party in ririting via loiter or alectronk email.It is the Sub-Recip ent's responsN ity to aulhorizo its users in the FleridaPA.org Wabsite.Only the A0horized ar Primacy Agents identified on the C� D iesignation of Aulhahty(Agents)ire attachment b may aulhorize addition or removal of agency users. CO �nnioi i o rdgC ai ui » Packet Pg. 2058 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS (4) MEMS AND CONUTIOiNS This Agreement M tS ins all the terms and cond1l6ns agreed upon by the parties. (5) EXECUTION This Agreement may be execulod tit any number of counterparts,any one of wh'�_tg my betaken as an original. (6) 1,10DIRGATIOh1 co Either party ns@y request modification cif the pfovWmns of this Agreement Changes C3 vrh;c h are agreed upon Shall be valid only when(n writing,signed by each of the partfas,and attached to the ar:ginaF of this Agroernent.In order for a Projjxx to be elig�sle for T41mbursoment,a moajr l�on to Ihs agreement must be executed incorporating the Project as identified by nu.nber,budget,and scope of work.Projects nat included by modifira0an will be inelig+ib.a for funding.regardless of federal approval foeCO ttre Project.. (7) C2jaC1F'NORK. The Sub-Recipient shall perform the work in accordance tiwih the Budget amid Pruett Ust Attachment A and Scope 409 Work,Deliverables and Financial Consequences_Atwthment 8 of this 0 Agreement. (6) PE{2M OF AGREEMFA , C3 This Agreement shall begin upon execullon by both,parties and shall end.siz(B)months from the date of declaration for Emergency Work(Categories A&B)or.eighteen(Is)months from the date of declaration for Permanent Work(CategoriesQ;-G),unless teiminated earlier in accordoce with the pravisions of Paragraph(17)of this Agreement. Coss;,tort with the definition of'perod of performance"canialned In 2 C,F.R,§200.77,the term'period of agreement`refers to the time during which the Sub-Aedplent'may incur new obligations to Carry out the work authonzcd under'this Agreemenl. In accordance wNh.2 C,F,fit§200.308.the Sub-Recipient may receive reimbursement sander CO this.Agmemelt anty for'04m,b"e cots incurred during the period of performan%;,' In accordance vtdh semian 215.07100).Florida Statutes,the Sub-Recipieit may expand fins authorized by this Agreement'only for allowable costs resulting from.8bligaEons incurred durintq'the period of ajlreeltd;st. (9) E.U-NQING a. This is a cost-reimbursement Agreement.subjerJ to the availability of funds, � tr, Tt'tt State of Florida s mm Woance-and obligation to ply under this Agreement is contingent upon an annual a ro ria!!ion 0 the O PP P y Legislature,and subject to any modification its accordance with either Chapter 215;Florida Statutes.or 1,'ze Rorida Constitution. e. 'rho bivision will reirnl�urse the Sub-Recipient only fir ollowaWe costa Incurred by the Sub-Rec pient in fRe successful completion of each dal we*mWe. The maximum reimbursement amount for each deliverable is out,ined in AttachmerptA of this Agreement('Budget and Project East*). The CO maxxrrrmratt reimbursement amount for the entirely of this Agreement is two million,eight hundred fifty-eight � thousand,five hundred and thirty-five dollars and ntnaly-four cents(S2,858,535.E?4). Garner O r-db'C JO U1 77 Packet Pg. 2059 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 6 d. As"uized by 2 C.F.R.§200.415(a);any request for payment under t.'iis Agreement must include a eetrfftalion,signed by an official vrho is authorized d to�l=g2t�u bitter the Svb Recinit�. , which reads as f6im-is: 'By signing this report.1 certify 10 the best of my knaarledge and W.Hief that the foport is true,camp'.ete,and accurate,and the expendituros,disbursements and cash receipts are for the purposes and objectives sat forth in the terms and conditiaaes of the Federal awara, 1 am aware that any false,fictitious,or fraudulent infonnntkm,of the omission of any maferual fact,may subject rile to criminal, civil or administrative penalties roc frail,(also statements,false,6aims or otherwise.(U.S.Cddc Title 18, CO C� Section 1001 and Title 31.Sections 372,J-372A and 3W4812).' e The Division will review any request for reimbursement by ccmpari,-tg the e> documentalfon provided by the Sub-Recipient in FloredePA.org against a performance messure,outlined in Attachment B,Scope of 4bork, Aeiiverabres,and Finar4ial Consequences,that clearly dellnoates: CO i- The required mEnimum acceptable,level of service to be performed:and, it. The criteria for evaluating the successfut completion of each detivarable. f. The performance measure req&red by section 215.97 i(9)(b),Florida Statures. remains consistent with the requirement for a'pe fo mange goal',which is defined in 2 C.F.R.§20.76 as 'a target level of performance oxpressed as a tangible,measurable objective,against which actual achievement can be Compared' It also femains consistent with the requirement,contained in 2 C,F,R. §200.301,that the Division and the Sub-Recipient'relate financial data to performance actompsishrnents of the Fedora]award," g. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for overtime expenses:n acconiance with 2 C_F,R,§200.430('Compensation—personal service,')and 2 C.F.R.§200.431 (Compensation--fnnge benefits'), If authorized by the Pedeml �q Awarding Agency,and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when no,work is performed due to vacation,holiday,Illness,failure}of the employer to provide sufficient work.or other similar Cause(set?29 U_S.C,§?.f17(e)CL)),then the Divislen will treat the expense as a frfngr)bonerir. CO 2 C.F,R.§200.431(a)defines fr'ngo benefits as'alfowart=cad services provided by employars to their eAnployees as compensation in addition to regular s.aiwas and wages.' Fringe benefits are allowsble W under this Agreement as tong as the benefts are reasonable and are required by taw,Sub-Reclp6ent- emp$oyeo agreement,or an established policy of the Sub-Recipient 2 C.F.R.§200.431(b)provides that j the cost of fringe benef•.ls In trio form of regular compensation 9 g pe paid to employees during paricds of authorized absences from the job,such as for annual leave,family-related leave,sick leave,holiday% court leave,military leave,administrative lowvo.and ether similar benefits,ate allowab!e if all of the for?4ving criteria are met: I, They are provided under established written leave poliz;es; li. The costs are equitably allocated to all related activities,including Federal CO awards:and, CArlIDI I D rage iv of vu Packet Pg. 2060 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 7 E Hi. The accounting basis(cash or accrual}sefecmd for costing each type of Leave is consistently fe['k wed by the non-Federral entity or specified grouping of emproycos. h. If authorized by the Fet+eral Awarding Agency,then The Division will re*nburse the Sub-Recipient for travel expenses In accordar:ce with 2 G,F.R.§200.474. As required by the Deference Guide for State Expanddures,reimbursement far traveE must be:n accordance wilh section 112.061, Flotida Statvles,wht.h iri:ludes stramission of the CA im'on Ilse approved slate travel voucher_ If the Sub- CO Recipient seeks reimbursemmnt for travel casts that exceed the amounts stated In section 112.061(6)tb), C� FfoMa Statutes(S6 for btaakfest,$11 for lunch,and$19 for dinner),then the Sub-Redpieni mint provide documentation that: as 1. The costs are reasonable and do not exceed charges norm ally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written lravef ,poli^y;and. CO a. Particiaat%on of the Individual In the travel Is necessary to the Federal award. i. The Divisoon's gtatlt"nager,as require\?by section 21 S_971(2)(c),Florida Statutes, shall reconcile and varify a®funds received against all futeds expended during the grant agreement period and produce a final reconciWion report. The final report meal Identify any funds pa3d in excess of the expenditures irrcvtred by the Sub-Recipient. p, As defused by 2 C.F.R,§200.53.the temt'improw payment'means or includes: 1. Any payment that should not have been made or that was made in an Incorrect amount(r.Cluding overpayments aa:d underpayments)under statutory,cantraclual, administrative,or outer legally applicable requirements;and, if- Any payment to an irellglble party,any payment for an ineflgibfe good or service,any duplicate payment,any payment for a good or service not received(except for such payments whe•'e authorized by law),any payment that does not account for credit for applicable disoourls,and any payment where Insulfii:�ent or tack of documentation prevents a reviev:'er horn discerning whather a payment was proper. CO C� (10�6dECQRt7�S C� a. As repaired by 2 C.F.R,g200-335,the Federal awarding agency.Inspectors General, the Co}nptrolier General of the United States,and the Division,or any of their authorized representatives, $hail enjoy the right of access to any documents,papers.or other records of the Sub-ReUpient w ict are perf3nent to the Federal award,in order to make audits;examinallons,excerpts.and transcripts. The right of access also includes timely and rea,sor:abto access to the Sub-Recipient's personnel for the purpose of Intervtow and discussion+related to such documents. Finally,the right of access is not;imited to the recli4red retention period but lasts as long as the records are retained. � b. As required by 2 C,.F,R.§200.331(a)(S),the Division,the Chief inspectca General of as the Slate of Florida,the Florida Auditor General,or any of their authorized represer+.tsiives,shall enjoy the CO tight of access to any documents,financial staternents,papers,or other records of tttes Sub-Recipient which are pertinent to this Agreement,in order to snake audits,examinatio:is,excerpts.and transcripts. t7�tiltil I "Its" Page 4U of 99 Packet Pg. 2061 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS s The right of access also includes timely and reasonable access to the Sub-Revpients personnel for the purpose of in!eMew and discussion rolated to simh 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•Reciaient shall retain sufficient records to sholr its compliance with the terms of this Agreement,as well as the compliance of ail subcontractors or consultants paid from funds under this Agreement,for a period of Ltvt,(5}_years from the date or submission of the final expenditure report. The following are the only exceptions to the five(5)year C� requiremenk i, If any litigation,claim,or audil;s started before the expiration of the 5-yev period,then the retards must be retained until all litigation.claims,or aud'sl findings involving ifte records have teen rsolved and Tina!action taken. If. When the Division or ine SO-Recipient is notified to wri'ing by the Federal awarding agency,cognizant agency for audit,oversight agency for audit,co�niz=agency for indirect � costs,or paw-lhrough entity to extend tha retention period, 6- Recordr,for real property and equipment acquired with Federal funds must be retained for 5 years.after final disposition. iv. When records are.lransfarred to or maintained by the Federal awrding agency or pass-through entity.the 5-year retention requirement is not applicable to the Sub-R! P 9 h'• Yc' q F. ecapient. V, Rewids for program income transadians after the period of performance. in some rases recipients retest report program income after the period of performance. Where there is such a requirement-the retention period for the records perlafning to the earning of the prrgram income starts cue from the end of the non-Federal entity's fiscal year in vrhxh the program income is earned, Vt. indirect cost rate propowls and Cost alfocatsona plans This paragraph aopties to the folrow�ing typ as of documents and the?`f supparling records: ind xect cost rate computatlom 0 or proposals,*�,t allocation plans,srd any sir.ilar accaualing computations of the rate at which a C3 p8*Cv!ar group of costs is chsrgeablo(such as computer usage chargeback rates or composite fringe beaorit rates). d, in accordance with 2 C.F,R.§200.334.the Federal&warding agency must request III transfer of certain records to its custody from the Division or the Sub-Recipient when It determines that � the records possess long-term retention value. e, In accordance uiiF 2 C.F.R.§200.335,the Division must waays provide or accept C� paper versions of Agreement information to and from.the Sub-Recipient upon request. rf paper copies ado Submitted,then tf•-e DMsion m;rst net require more than an original and two collies, When cficjinat records are electronic And cannot be altered,there is no need to create and retain paper copies. When � original receids we paper,electronic versions may be substituted through the use of duplication or olher forms of electronic media provided that they are subject to periodic quality pontrof reviews.provide reasonable safeguards against alteration.and rernrdrl readable. LI\I IILJI 1 LJ 1 Os6.Ti VI JJ Packet Pg. 2062 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 9 f As required by 2 C.F.R.§200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable inforrmatiion and other thformstion the Pddaral awarding agency or the Di ision designates as sensitive o:the Sub-Recipient considers sensitive consistent with appfrcable Federal.state,local,and tribal tapr8 regarding privacy arld obligations of confderaliafily. 9. Florida's Government in the Sunshine Law{SocEon 286.1111,Florida Statutes) provides the citizens of Flo6da vr�ih a right of access.to governmental pcteedings and mandales three, CO basic requirements:(1)faith-gs of public boards or commissions must be open to the public-(2) C� reasonable notice of such meetings must be given;and,(3)minutes of the meelings must be takon and promptly recorded. The mere recespt of public,funds by a private entity,standing alone,is insuflicleni to bring that entity within the ambit of the open government retquirerrtents. Howaver,the Gmemment In the Sunshine Laev.appl to private entities that provide services to g,ovarnmentol agencies and thsl act on CO behalf of those agenrsas in the agencies'perfomance of then public duties. If a public vgency delegates the perfemmnce of its public ounmo to a private entity,then,to the extent that privple entity is perfomung that public purpose,the Government In III Sunshine Latvapplies, For example,if a vcta;nteer Fre department proVdea firefighting sendoes to a governmental entity and gets facilities and egvpmont � purchased with public funds,then the Govesciment in the Sunshine Law applies to board of dircctnrs for 11131 volunleet(ire department. Thus,to the extent that the 'Government in the Sunshine Law applies to the Seib-Reciplent based upon the funds provided under this Agreement,fire meetings of the Sup• Recipfenrs governing board or the meetings of any subcommittee making recommendaliots to the governing board may be subject to open government requirelr ems. Tnose.meedngs shall be pubfx ty noticed,open to the public;and the minutes of all the meelfVs shall be public reci►,ds,available to the pubft in accordance vrith Chapter 119.Florida Slafutes �1 IN. Roridai s Public Records Law provides a right of ar,.cass to the records of the state and locat governments as well as to private entities acting on their behalt unless sp f1WIy exempted CO from disclosure by the Legislature,a2 materials made or received by a governnitentat agency(of a private f3 WIv ity acting on beha t Of such an agency)in conjunction With official btesiness wh:ch are used to perpetuate,communicate,or farm3ige.knotitrZodge qualify as public records subject to public inspection_ The mere rcceipi of public funtls by a private entity,standing Slone,is insuffsc?snt to bring that entity withM the ambit of the public retard requirements, However,when a publc entity delegates a public � firreGAion to a privets entity,the rerorgs genr;re.ed by the private entity's pttrformarire of that dtaty tieoome public records_ Thus,the naltare and scope of the servlces prow'ded by a pri�wate entity determine mrhether 0 that entity is acting on behalf of a public agency and is therefore subject to the requirements of Flgrid;es Public Recardg ta:v, � I, The Sub-Recipient shall maintain all records for the Sub-Recipient and for aff subcontractors orcoarsultants to be paid from funds provided under this Agreement,Includng CO documewalton of all program costs,in a foam sufficient-to determine compliance with the requirements tXriItiI 1 tS Page 4z of 99 Packet Pg. 2063 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 1U and objectives of the Budget and Paa)ect Lis!—Attachment A,SCom of Work—Attachment B,and all other appliic34le laws-and regulations. (71)RUD�$ a. The SubLRecipient shall co rllsly with the audit rEerluirememis con1at'ned in 2 C,F,R. Pert 200.Subpart F. b, In accaundrg for tans receipt and expenditure of funds under this-Agreement,the CO Sub-Recipient shall follow Generally Adopted Acdoun:ing Principles(GAAP`), As dolined by 2 C.F.R. §200.49.CAAP'has the meaning"specified in accoonting standards issued by the Government Acoaunling Slar ia.-da Board(GASS)and the Financial Accounting StandaMs 19owd(FASS).° as C. When conducting an audit of the Su"eCiPi4nt'5 perfarma;nce undef this Agreement, the Division Shall use Generally Accepted Government Auditing Standards('GALAS'). As defined by 2 CO C,F.R-§:200.50.GALAS.'also known as the Yetlrnv Book,means:generally accepted government dlting standards Issued by the Comptroller Goneral of the United$tote&.which are applicable to � financial audits.' d. If an audit shows that all or any portion of the funds disbursed worn not spent in � accordance with the conditions of this Agreement,the SLb-ReclpLAt shag be held liable for reimbursement to the Division of all funds ftol s rill to accordance with these a txatrle r� pp e cfjuiations and Agreement proves ons.wiftn thirty days after the Division has notafred.the Sub-Rectptont of such non. compliance, e. The Sub•Rccip:ent shall have all audits completed by an independentaudltor,v:bich Is defined in section 215.97(2){h),Flon0o Statutes,as`an Independent certified public octountant cue licensed under cb aptai 47V The Independent auditor shad state that the audit.comp4ed watts the applicable provisions ncaed abovo. The audit must 6a roceived by the Divisions no later than atiine months from the end of the Sub-Recipient's fiscal year. co 1, Tho Sub-Recio-ant sfsaif send copies of reporting Pa:Aages for audits conducted ire eeoordaaoe with 2 C_F.R_Pert 2W.by or on behalf of the Sub-Recrpien9,to the DivisEon at the following address, DEt�IStrsglcr�lutls7lQem.mytlorufa.tocna OR j Office of the Inspector General 2655 Shumard Oast Boulevard 0 C;l Te,lahassee,Florida 32399.210 g- The Sub,-Recipient shall send the Single Audit repording path ge and Fwm SF=SAC to the Fedural Audit Clearinghouse by submissxva online al: httplihervester.tenants.goytfa-r,bDllectfddaindox.himl CO h. The Sob-Recipient shall send any management letter Issued by the auditor io the Dkdsion at the following address: �nrrror r o rdge•+3 ur » Packet Pg. 2064 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 13 ®EMSingle_Aud"?QerN.msy;loeAa.com Office of the inspector General 2555 Shumard flak Boulevard Taltohassee,Ftarida 32399 2100 (121UPORTS a. Consistent with 2 C.F-Ri §20-0,32a,tho Sub-Recipient shall provide the DtViqien With CO Quarterly reports and a close-out report. These reports shale ine WO the current status and progress try the Sub-Recipient anti all subcontractors bi completing the work described in the Scope of Work and the � expenditure of fvcds under this Agreement,fa addition to any other informAlien requested by the 01vision. b. Ouartedy reports are date to the(Xvision no.later than 34 days after the end or da:h CO quarter of the program year and shall be sent each quarter until submission of the administrative ctose- rut report, The ending dates for each quarter of the program year are March 31,June 30.Sept2rn �30 � and Dec6rriber 31. c.. The ciosc-out report is due sixty(GO)days afler termination of this Agreement of siarty 4) (tidy daym after mrnplotian of the activities contained in this Agreement.w tbkhever fimt=urs: d_ if all required htports and copies are not sont to the Division ware root completed in a manner acceptable to the division,then the Division may withhold further y payments until they are compf�eted or mi3y.take oche-r.ac4lon as.slatecl in Paragraph(96)REMEDIES, Acceptable to the Diviskan"means that the Clark product two,camp;mted in ac=clanco vrith the Budget and Project List- Attachment A,and Scope of Work—Attachment S. e. The Sub-Recipient shall provide additional program updates or information that way be squired by the D"fon, f The Sub-Reclpieal shag provide addttranat reports and information identified in A7ts^ichment G—Public Assistance Program Guidance. CO (13)MONITORIN 3. C� a, The Sub-Recipient shall monitor its.perfprmancc:under this Agreement.as viefl as ftt of its Subcontractors andfor corAuslants who are paid from funds provided under this Agreement,to ensure that time schedules are being met..the Schedule of Deliverables and Scope cf Work are being 0 accomplished within thct specified time periods,and other performance guars are being achieved. A review shall be done for each fuem ticn or activity In Attar-o mom B to thisAgreement,a*d repented in the 0 quarterly,report. b, In addition to revaewS of and-is,monitoring pyecodures may include,but not be fmited � ta,arm-site visits by Oavfsion staff,lirmmited scope audits,andfor other procedures. The Sub-Recipient agrees to toMply and cooperate with any mvriitoring-proeedureslpraaesses deemed appropriate by the CO Mvision. In the event that Itto-DMsian dele`nines that a limited scope audit of the Sub-Recipient is appropriate,the Suia-Recipient agrees to comply with any additional instructions provided by the Division txl-tit31 I --t:V Page 44 of 99 Packet Pg. 2065 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 12 to the Sub-Recipient regarding such audit The Sub-Recipient further agrees to comply and cooperate with any inspections,reviews,investigations or audits deemed necessary by the Florida Chief Fin".c+al Officer or Auditor General_ in addable,the Division will monitor Vhe performance and fmanciat management by the Sub lh,oughout the cant leim to onsune 9tmery completion of all tasks, (14)tIABILITY a- unress Sub-Reciplent Is a Stato agency or subdiv4ion,as defined in section 768:28(2),Froride Statutes,the Sub-Relent It;solDly responsible to p#kflies it deals velh in c,irryfng out 0 the terms of this agreement;as authorised by serf on 76$,26(19),Florida Statutes,Sub-I CC4 ient shall hold the Division harmless apast all u'aims of whatever nature by third parties afisleg from the work pbaformance under this Aggmement. For purposes of this Agreemenq,Sub-Recipient agrees that d is not an emp"- or agdnt of the Division,but:s are indspendent contractor, C0 b. As required by sediora 7k58,28(i13),Ffririda Statutes,any Sub-Recipf"t which Is a state agency or subdivision,as defined in section 765.29(2),Florida Statutes,agree,to be fully � tosponsible for its stag gent or factious acts or omissions which result in Claims or suns against the Division,and agreas to be liab'a for Any damages proximately carried by the acts or emission,.to the extant Set forts,in Section 766,28,Rodda Stalules. NothiN herein is intended to serve as a waiver of sovereign immundy by any Sub-Radplent to which sovereign immunity applies, Nothing herein shall be construed as consent by a state agency or Subdivlsion of the State of ftrida to be sued by third parties in any matter arising out of any contract (1S) F uj If any of the following events occur("Events of Oefavit"),all obligations on the part of the D>rtiision to make farrtihor payment of funds shall terminate ar:d the Divisica has the option:to exercit,o any Of its feme&as set forth in Paragraph 06);ha-vever,the taivision may make payments or partial payments after any Events of Default vblhout waiving file hol to exercise such renmedies,and w4hout b coming 0 liable to make any further paymen,if; C� a. Any warranty or repeo�ontation made by the Sufi-RCcipeent fn this Agreement of any C� previous agrooment with the.Division is et becomes false or mbklading in any respect,or i1 the Sub ReciV.:ent fails to keep or perform any of the wt ligatictrs,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 unwiUng to meet its obligations under this Agreomert4 b. Ihate-rial:adverse changes accuf in the financial ca.ditian of 9—a Sub-Recipient al arty time during the term of fh s Agreement,and the Sub-Re^,-aient fails to cure this adverse change within thirty drays from the date written notice is sent by the Division, c. Any reports required by this Agreement 1,ave not been subrnilted to the Division or have been submitted with incorrect;incom*le or insufficient rnfcrrraation,or, C0 d. the Sub-Recipient has faffod to perform and complete on time any of its obligations � under INN;Agreement r-dr t!-*3 U 177 Packet Pg. 2066 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 13 If an Event of Default occurs,than the Divisio•'n shall,alter thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipienl's failure to cure within those thirty days,exercise ca Orly one or more of the following remedies.either concullontly or consecutively; a. Terminate this Agreement,provided that%e Sub-Recipient is given at least thirty days prior written notice of 1he termination. The no@ce sha41 be effective when.plated in the United States,first elass'tail,postage Prepaid, p pas ag by registered or certified mail rerun'receipt requegled,to the t,0 address in paragraph('I)Itorein; b. min an appropriate legal or equitable action 10 enforce performance of INS Agreement. c. WithhcW or payment suspend a of all or an p F Ym y part of a request for payment, d. Require that the Sub-Recipient refund to the Division any monies used for dneligibie purposes under the laws,rules and regulations govanning the use of these funds. a, Exercise any corrective or remedial actions,to Include but not be limited to: I, Request additional:nformallan from the Sub-Recipient to delerarrine the � reasons for or the extent of non-compliance or tack of performance, a. tsstre a written warning to advise that'lore serious measures may ba taken if the adverse'is not corrected, ill I, Advise the Sub-Reciplent to suspend.discontinue cw refrain from fccurring costs for any activities in question or tv. Require the Sub-Recipient to reimburse iite Division for the amount of costs M incurred for any items determined to bo Ineligible; �q f, Fxer6se any other rights or reftiedies which maybe avaitobfe under few_ Pursuing any of the above remedies%0I not stop the Division from pursuing any olhclt remedies in this Agreement or provided at law or in equity. if the Division%valves any right or remedy in U this Agreement or fails to insist on strict performance by the Sub-Recipient,it will not'affW.extend or C� waive any other right or remedy of the Division,or aflett the facer exercise of the sarrra right or remedy by the Division for any other default by the Sub-Recipient (17)!E}WAINATION. a. The Division may terminate IE-g Agreement for cause after'.Kny days wrillen notice, Cause can include misuse of funds,fraud,tacit of compiance uvih applicabto rules,caws and regulations, 0 C) fOure to tsertomt an 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 S*Wules,as amended. b. 'The Division may terminate this Agreement for convenience of when it determines,in its sole discretion,that continuing the Agreement would not produce ban0dat resQs in line with the C0 further expenditure of funds,by providi-ag the Sub-Recipient with thirty(30)catendas days prior vaitten notice. tJChiltil I __�.. Page 4b of 99 Packet Pg. 2067 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS f� c. The parties may agree to terminVe this Agreement for 4heir mutual convenience through a written amendment of this Agreement. The alAondmeni will state the effective date of the termination and the procedures for proper closeout of the Agreement, ca d. In the event that this Agreement is terminated,the Sub-Recipient wig not incur nevr obligators for the terminated portion of the Agreement after the Sub-Recipient has received the rnotificatien of termination, The Sub-Recipient Hilt cancer as many ou'standirg obligations as possible. to Costs i.icurred after receipt of the termination notice vvll be disallowed. The Sub-Recipient shall not be relieved of fiabiray to the Div':sfon because of any breach of Agreement by the Sub-Recipient, The Division may.to the extent authorized by ratio.withhold payments to the Sub-Recip:ent for the purpose of sit-off until the exact amount of damages due the Division from the Sub-Recipient Is determined. to m (18)PROCtJRFMEAIT q. The Sub-Regpient shall ensure that any P=arenlent imolving funds authorized by the Agree}7mont coinpEes with all applicable federal and state laws and regulations,to include 2 C.F.R, 5y§20D_318 through 200,325 as wall as Appendix II to 2 C.F.R.Part 200(entitred'Contract Provisions for Wn-Federal Entity Contracts Under Federal Awards*). 0 b. As required by 2 C.F.R.§200.318(b),the Sub-Recipient shall'maintain records sufficleent to detail the hislwy of procurement. These records will include,but are noV,necessarily limited m 10 the rollrysing. ratlonulc for the method of procurcrneAt selection of contract type,contrallor selection or rejection,and the basis.for the contract price.- c. As required by 2 C.F.R.§20.316(1),1he Sub-Recipient staall'mairnain ovens aht to erls,91`45 that contractors perform in accordance with the terms,conditions,and WedfiCations of theit Contracts or purchase orders,' In order to demonstrate compfrance with.$his requirement,the Sub- Redpient shall document,in its quarterly report to the Division,the prcgtoss of any and au subcotttraa ms pericrmlirg v,+Grk under this,Agreensont. d. Except for procurements by nliryo-purchases pursuant to 2 C.F_R.§200.320ia)or procurements by small purchase procedures pursuant to 2 C.F.R.fu200,3204b),if the Sub-Recipient chooses to suboontract any of the work required under this Agreemonl,then the Sub-Recipient shall forward to the Division a copy of any solicitation(whether competitive or non-c-onipetilive)at least fifteen (15)days prior to the publication or flommurucation of the solicitation; The Division shall review the m solicitation and provide comments,if any,to the Sub-Recipient Within three(3)business days. Consirenl with 2 C.F.R,.§201l_324,the divisior:wit{review the soiaotion for compliance with the procurement d3 standards outlined in 2 C.F.R_§§200.318 through 200.326 as yell as Appendix 11 to 2 C_F.R.Part 201), Consistent wiM 2 C,F,R.5200.312(k).the Division will not substitute HS judgment for that of the Sub- Recipient. While the Sub-Recipient ciocs not need the approval of the Division In order to publish a comoeT itivo solicitation,this rovtew May sllow the 0ivisio,to identify deficiencies in the vendor C0 requirements or in Me commodity or service Specifications_ The Division's review and comments shall not constitute an approval of the so'k talion, Regardless of the Diy�qion's review,the Sub-Recipnnt remains m t=nn��r rdrC 41 u1 77 Packet Pg. 2068 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS i� bound by all applicaWe laws,regulaVens,and agreement terms. If during ets review the Division identifies any dekicncies,then the Division shad commuracrve,those deficiencies to the Sub-Recipient as qutkly as possible within the three(3)business day w:ndaw outlined above. If 4rte Sub-Recipient pub ishos a ca competitive soliatalian after receivuyg corn,ments from the Division that the solicitation is deficienl,then the Division may: i, Torminate this Agreement in accordance with the provisions outlined in paragsaO(17)above;and. C0 C3 it. Refuse to reimburse the Sub-Recipient for any costs associated viih that solicitation, e. Except for procurements by mlcro=purchases pursuant to 2 C.F R.§209.320(a)ce procurements by small purchase procedures pursuant to 2 C.F.R.§200.320(b),if the Sub-ReGpitlrlt C0 chooses to subcontract any of the work required under this Agreement,then the Sub-Recipier;i shall dorurard 10 the Division a copy of any contemplated cFntracl prior to contract execution, The Dvfsion sk-vl review the unexecuted C"fact and provide comments,if any,to the Sub•Recipiord within three(3) business days. Consistent with 2 C.F.R,9200.324,the Dfvislon will review the unexecuted conlreel for compliance with the procurement standards outfrled in 2 C.F.R.§5200.3i it through 200.32,13 as weh as Appendix 11 to 2 C.F.R.Part 2G0, Consistent vrilh 2 CAR.§200.318Cv),the C9iviSion vrol not substitute its judgment for that of the Sub-Roapienl_ While Iha Sub-Recfpient clues not need the approval of 1he Division In order to 0)*Cu10 a subcontr80t,151%revives may allow the DM-j ion to identify deficiencies in the terms and conditions of the subcontract as weft as deficiencies in the procurement process that led to the subcontract The Division's review and comments shall not constitute an approval of the subcontrw. Regardless of the Divsion's review.the Sub•Recipmrit remains bound by all applicable laws.regulations, t39 and agreement tomes. Iidurfng its review tho DMsfan identifies any deficiencfes.then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the throe(3)business day windrnv outlined above. If the Sub-Recipient executes a subcontract aflor receiving a cornmun(cation from the Divislon that ttto subcontract is non-compreant,then the Oomi9 n may. i. Terminate this Agreement in 3ccor6 ante with the provisions outlined in W para„raph(17)above;.and, ii Refuse to reimburse the Sub-Recipient for arq costs associated v+ith that subcontract f. The Sub Wpient agrees to inc4Ae in the subcontract that(i)the subcontractor i4 bound by the terms of this Agreement,(ii)the subcontractor s,bound by sH applicable state and federal laws and regulations,and(5)the subcontractor shall hold the Division and Sub-Recipient harmless against aft claims of whatever nature orisirlg out of the.subcontractors performance of work under this Agreera:ont,to the extent allowed and required by law, C0 t:'&Nlbl I ti Page 48 oT 99 Packet Pg. 2069 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS t� g, Au required by 2 C,F,R.§200.318(c)(1),the Sub-Recipient shall'in sintain written standards of conduct covering conflict-,of interest and governing She actions of its emplayeo,engaged in the seteclion,award and administra6cin of contracts,' ca E h. As required by 2 C_F.R_.§200.319(a).the Sub-Recipient shalt conducit any procurement under,Ibis agreement"In a manner providing full and open competition,' Aocwdingly,the Seca-Recipient shall not: i. Place unreasonable requirements on firths;in order for tharn to qualify to do C0 business. ti. Require unmeeetcswy experience or excessive bonding, ea iii. Use nancompelidya pricing prackes betvreen firms or bahae+n aff0ated companies; as C0 Iv, Execute noncompelitive coat{acts to consultants that are on retainer contracts-, a_ A.Eahnf za.cpndorw or Ignore organizational conflicts of Interest; vi_ Spe6fy only a brand name product without'eltowing vendors to offer an 0 equivalent, ) vii, Spec fy a brand name product instead of describing the pedormance, specifseations,or other relevant req,uirumehts that perlain 10 the commodity or serwxe solicited by the procuTemar)t: viii. Engage in any albifraryaction during the_proeuternent process;or, ClA ix. Altoev a vendor to bid on a contract if that bidder was invatvcd with developing or draping the specifications,requirements,statement of-wor'x,Invitation to bA,or request for proposals, I,, '(E)xOeRt in those cases whore applicable Federal statutes expressly rnantl ate or co encoura a olherwise,the Sub-Reci lent,as ti g p• required by�C,F.R,§200.319(b),strap not use a C� geographic preference when procuring mmmodities or saprices under this Agreement C) i. The tub-Recipient a'oatt conduct any pracu:ernen!Involving invitations t4 bed(i.e. sealed bids)in aceordarrze with 2 C.F.R.6200,320(c)as well as sWien 287.057(1)(a),Florida Statutes. k. The Sub-Recqftnt shall conduct any procurement involving requests for paropasayq. (Le.competitive proposals)in a=rdance with.2 C.F,R.§200.320(d)as well as soction 287,i797(1)(b), Narida Stalutes, C3 1. For each subcontract,the Sub-Recipient shall provide a wrilten Statamant to the Division as to whether that•subcchlrzG ar is a ntinorily business enterprise,as defined in Sectiotn 2U,703. 4) Flor;da Stati,ter� Additional( .the Sub-Elect lent shaD comply Y p pry with 1@re requirements of 2 C.F.R<§200.321 � ('Corrlracl(ng with ss»all.and minority businesses,mainen`s business enterprises,and leltor surplus area C0 fians'}, (i9,3ATTACHheEN� o' �nnror r o rage ur » Packet Pg. 2070 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS a, All attachments to this Agreamerii are Incorperated as if set out fury. b. In the event of any incoasistencfes or conflict between the langyage of this Agreement and the attachments.the Iartguega of the attachments shah control,but only to the extent of ca the coorlid or inconsistency, c, This Agreement has the following attachments: I. Exhbit 1 -Funding Sources li. Attaensnont A—9ardgat and Project List CJ iii, Attachment 6—Scope of Work,Detwrabres,and Financfa]Ce,4equemces iv. Attachment C—'Corti&atitm Regarding bobarment ea V. Attachment D—Designation of Authority vi- Alla nmant E—Stalem"I of Assurances co vil. Atta.^kment F—Election to Participate In PA Alternative Procedures(PAAP) viii, Attachment O—Public Assistance Program Guidance ix. Attachment H—FFATA Repcoiaq X. Altachmehl I—Mandatory Contra Provisions 0 A Attachmer l J—DHS OIC Audit Issues and Ackrim-dledgement xii. Attachment K—Justfcation of Acrvt-xe,Payment a. Any 4CIVanee payment under ihss Agreement is subject to 2 CY R_§200.305 and,as applicable,section 216,181(16).Flodea Statutes. Art advances are requirod to be held in an interest- bearing;account unless otherwise governed by program specific waiver. If an sdvonco payment is requested,the budget data on which the request is based and a justificalion statement shall be submitted along with this agreement at rho time of execulion by completing Attachment K—Justification of Advance Payment.The request will specify the amo1ont of advance payment needed and provide an explanation of the necessityfor and proposed posed use of Lhasa funds.Anyadvance tins not expended within the Post CJ ninety(90)days of the coalra--1 term mast be returned to the Division Cashier within(3%days,along frith CJ any interest earned on tlao.arlvance-No advance shall be accepted fe.*processing if a teimbur'Stvasant has been paid prior to the submittal of a roquest for advanced payment. Alter the initial advance.if any, payment shall be Trade on a reimbursement basis as nLeded. � b, Invo-ices shag be submitted at(bast quarterly and shalt inc,ude the supportln�q d=mentation for all eos-,of the y( )project or services. The final invoice snarl be submitted vr.;hin shirt 30 CJ days after the BxpiYateon date of the agreement of completion of appfaable Projee:,whichever ac,curs firwt. An-explanation of any circv.mstances prohibiting the submittal_of quarterly invoices shall be submitted to � 1ho Divisicn Grant Manager as part of She Sub-Redplanf's quarte.°ty ropoding as referenced in Paragraph (12)of this Agreement C0 C_ I€the necessary funds are not avaira,bler to fund this AgreEnwnt as a result of action by the United States Congfess,the federal'Offi'ee of Manage3nant and bardgeting,the Stale Ch(of tXl-Iltil I t3 Page 5U of 99 Packet Pg. 2071 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS is �t E Flna-trial officer er sender subparagraph(g)b,of this Agri ement,art❑blfgations on the past of the Division to make any further paycmont of funds shall ie rinlnate,and the Sab-Reclplent shall submit its closeout report within thirty days of receiving notice from the 0lvi5i❑S§. (2115E2gYbht;NTS a. All refunds of repayments due to the Division under this a,reent"L subject to the exhaust on of aapeaSs_are due no later than thirty(30)adays'from riolificitioh by the Division of funds due. 0 FEPAA only alfoas.thirty(H)days from efeobligatkon for till funds to be repold before it wi l refer lhe d3 amcvnt to the FELTA Finance Centet(F'FC)for collection, b. The Sub-Recip:,ent understands ancJ agrous that free tRecip ent may offset funds due and payable to the SubaReciplant until the debt to the State is satisfied.In such even'.the Recipient.wo!l nolity the Sub-Recipient ova the entry of notes In FforidaPAarrg C0 C_ All refunds or rzt)ayneants due to the Division under this Agreement are tube made payable to the order of'Div lion of Emargemy ti-anegement',and maVed dlreedy to tho folfowing address: Division of Emergency Managentenl � Cashier 2555 Shumard Oak Boulevard T'a�'thassae FL 32349-?140 C3 d, to accordance%ills Sedion 215.34(2),Florida Statutes,if a check or of dmft is returned to the Division for collection,Sub-Recipleet shag pay the DPAs pan a sevvice fee of 41 s-oo or s% of the face amount of the relcmed check or draft,whichever is greater. (22) 1�FC�G9NDITIONS a a. The validity of this Agreement Is subject to the truth and accuracy of ail the information,representat.)ns,and materials submitted or provided by the Sub•Recipiont in this Agreernenl_ C0 in any laler submission or response to a Omsloh request,or in any submissbon or response to fUllll3 the C3 requirements.of avid Agreement All of sold information,representation,:,and materials are incorporated by reference. The inaccuracy of the submissions or any Matorfal changes shall,a'.the option of the Division and with lhfrly days written notice to the Sub-Rc—cipient,cause the termination of this Agre ment and the release of the Division from all Its obligations to the Sub-Recipient. b. This Agreement:,:+all be construed under the lags of the State of 141,o6d2,and venue for any lotions arising out of the:Agreement shall he in the 0 rttrit Couri of Leon County_ if any provision d3 of this Agreement is in canfiie,u-Lh any aoplicab•a statute or ru!e,or I.a.une4foroeable,then 1he provisic-n shall be null and void to the extent of MC connjct,and shelf be saverable,but-shall not inw4c ale any other provision of this Agreement c, Arty pV.V&of approvai or o-sapproval granted to the Division under the terms of this C0 Agreement stroll surw3ve the term of thisAgtoement_ tXl-11tf1 I ti Page 51 of 99 Packet Pg. 2072 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS d. The Sub-Recipient agfees;o comply with the Americans With Disabilities Act IPuw_- "1.?101-335.42 U.S.C.Section 12101�1�r�),which prohibits disgrimantiation by publ c arad'privatfl eatttie$on the basis of disability in employment,public a Ccomrnctiationa,lransparlation.Male and focal 03 government services,and tole=mmunications. e. Those who have been plate on lie convicted vendor 1471 Bellowing a conviction for a public enG7y trine or on the discfisnjn2L Ey vendor list may not submit a bid on a contract to provldn any goods or services to a public entity,may not sutmit a bad on n canlr t v.Ih a public entity for the C� cG Wructieag or repair c.3 public bOding or public vmek,may not submit bids on leases of real property to a pvbtic entity.al ay not be awarded as perform v*f'k as a contractor,supplcer,subCC+>f aCor,a: ea constrSlont Undor a contract with a pub,—,entity,and may not transact business+vita any pubic entity in excess of S25,COO.00 fort period of 36 months tam the daft€of b6ag placed an the convicted vs leer list � (0 or on the discriminatory vendor IisL f, Any Sub-Recipient which rcco.*ss funds unc er itris Aq eerneni from tt-.e federal government,certifies,to the best of its knovJudge and bellef,that it and its principals: i Arg not presently debaared,suspended,proposed for debarm"t,declared 0 ineligible,or aoluntonly oxcluded frwd covered transtarxicns by a federal department or agency; ii. Have not,within a five-year period preceding this proposal been convicted of or had a c vif judgment reridered.a,ainst there for fraud or o osifnintit offense rn connection with obtaining, attempting to obtain,or perfor tirlg a publf.(federal,slate or local)IronsmFon or,-pntrAct Under public transaction,violation of icderal or state antiirast statutes or commission ci embe=!Oment,theft-forgery, bribery,falsiftcaifon or destruction of fecords,making false slatemiDnts.or receiving stolen property; lir_ Aye not pfusantly indicted or who aze c4mina0y or civilly charged by a governmental entity(federal,state or.local)witty conlrn°ysiw of any offenses en4jmerated i;a paragraph 03 (22)f.ii.of this cvRificalron:and, C0 iv. Have rot within a five-year period preceding this Agresmenl hao c.a or roore C) public Cransacfions(iederai.state or local)terminated for cause or default. g, If the Sub-Recipient is unable to Certify to any of the staiements in this cell ication. W then the Sul:-Recipiean shalt attach an explaralEon to this Agreernenl, h- in addition,the Sub-Recipient shall send to the Division(by emaot or by facsimile transrrrissiooe)the Completed°'Certiftcatdan Regarding Debarment.Surponsftsn, Ineligibility And Voluntary Exclusion"(Altachment C)for the Sub•Reclpient agency and each d3 intended subtUntractar which Sub-Ftti*ctpaont plans to fund under tiffs A,greeretenL The ff>rrtt must The received by the Division before tho Sub-Recfplent enters into a contract with any � subcontractor. �S a The Division re—nems the right to unriateral3y=cel this Agreement Willie Sub- C0 Re>pient reuses to atlpw pubt'se access Co all documents,pipets,letters as ether material,tabJw to the tAl-IIt31 I ..�__ Page 52 of 99 Packet Pg. 2073 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Ott E provisions of Cli=ar 110,Florida Statutes,which the Sub-Re::piont ct&ated or received undr:r;his Agreement. j_ If the Sub•Rccipiont is of owed to tefttporargly invest any advances of funds under thi!, Agammem,any ifiteresi income shall ei',herr be returned to the Division of tie appiied against the gxiFsion's obli9ation to pay the contract amount un!ass othewise governed by program spec,i=lc vrdiver. k. The State of Florida wifi not intentic,nally award publicly-ft;nde�r ntxatts to any contra^tor whe knowingly ernp!oyr unauWarized a"ion Workers,constituting a violation of the employment C) provisions ccntained in 8 U.S-0-Section 1324;3(a)(Section 274A(et of the Immigraf on and Natianalily Act The DVsiGvt Shall consider the ernployrnert by any contractor of unauthorized aliens a violation of&--Jon 274A(o)of fhe tNA. Such violation by the Sub-Rec,piartt of the employment provisions contained in 5ecfion 274A(e)of the INA shall be grounds for irrilateral cance:lat:on V this Agreement by cl) the Division- t. All unmanufarAured and manufactured art kles.n1atbriats and supptLe3 vehich aro acquired for pub!:G use under this Aerer ritr?nl must Mve been pdoduccd in the United States as required under 41 U.S.C.10a,runless it vo- u{d not be in the pu*iic lore-rest or urreasonadle In zest (23)L08BYlt�C PFi0"r-IiBlTIQIY y. 2 C.F.R.§2U,450 prthibits reimbursement for costs assordate+d%viih certain Icbtbying Falivltles. b. Section 215.347,Florida Statutes,prohibits'any disbursement of grants and aids appro<prfations punt uartl to a contract or grant to any person or organization unless the terms of the grant or contract prohibil tlta expenditure of fury-ds for the purNse of lobbying the Legasiature,1114 tudiciaf �e branch,or a stale agency.` t c. No funds or other rasau=s reCr3�ad from the Division under this Agreemer,ma/be used directly ar in,diractly to influence legislation or any ether officiag Diction by the Florida LeSIPA)turd or any stoic aytincy. (l) d.. The-Sub-Recipient certifies,by M Signature to this AgreeemerL that to the bast elf his cr her know3edge amd bolietf: i_ No Federal apptopriated funds have bean paid or will be paid,by or on be�%oif oT tlio Sub-Recipient,to any perscn for in lue.^ring tr attempting to inGuence an officer or empfcyee of any agency,a Member of Cangre.=.s,an officer cr emp"_oyep of Wongross,or an efFtpttiyec ctf a Member of Congress In connection with the awarding of any Federal conlraci,the making ayf a.ty d3 Feperai grant,file snaking of any Ftdtlraf roar,the entering into of any cooperative agretiKnertt,and the eo:konsicn,continuation,rent°,vaf,amendment of rnadifia'�on of any Federal contract,grant,Icon or � cooperative agreement. Ft. If an funds other than Federal ap3fo co y priated funds have been pain c�will 6e pall to any person for influencing or altemptmp to influence an officer or employee:of any agency,a � cltejnber of Conoress,an officer or emp5oyee of Cress,or an employee e a Member of Gongce-s in Cnf-nOr r O rani 3a ur 77 Packet Pg. 2074 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 33 connection with this Federal contract,grant,loan or cooperative agreement,the Sub-Rec plent shall complete and subrmui Standard Form-LLB."Discicsura of Lobbying Actnztires,"In acc"6i3nce%Vlh its instructions. ca iii, The Sub.Redpienl shalt require that Ihis'certifkavon be included in the award documents for all subawardt at all tiers(inrhrding suGContt�d , tan , c grants,loans.and cotiporativa agreements)and teat all Sub-Recipients shall certifi and disclose accordingly. C0 d3 Iv- This Ccreihcalion a a material representation ed fbct upon which reliance was placed when this transacdnri was recede or entered into, Subrrsissfon of this certification is a prerequisite � for making or entering Wo this transaction imposed by Section 1352,Title 31,U.S.Code, Any person v/ho fails to file the required certification strap Do subject to a civil penalty of not less than$10,000 and not C0 r lQ6fe than S100,0#.i0 for each such fWirre. (24)COPYRIGHT,P&� fdT AIUt7 TRA�EhfleRK EXCEPT AS PROYIDEO BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGR£EA16NT ARE HEREBY 0 RESERVED TO THE STATE OF FLORIDA;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION 44ITH T14S PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED,BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Reciplent has a pre-edsting patent or copyright,the Sun-Recipient shall retain all rights and entilleme;nts to Ihat pre-exislirig patent or copyright ungm. .the Agreement provides otherwise. b. If any disawery or Invention is developed in the course of or as a resutt of work or �m $pryiect performed under this Agreement,or in any connected with it,IM Sub.-Rwpient shall refer the discovery or invention to the Division for a determination whether the State of Fiarida will seek polent protection in its nanw4 Any patent rights aocruing udder or in connection tvih the performance of this Agreement aru reserved to the State of Flarda. If any beaks,manuals,fifts,or other copyrightable material are produced,the SO-Recipient sha7 notify flee WWL.ion, Any copyrights accruing under or in connection with the performance under this Agreement aro transferred by the Sub-Recipient to the State of Florida. c_ Within thirty(30)days of execution of this Ageeemen the Sub-Recipient shall disclose all inielteettial cro etrbas talating to the Performance of this Agreement which he or sho Ikraivs or U should know could site rise to a.palent or copyright. Tho Sub-Recipient shall retain all rights and onlillements to any pie-existing InteittttuM property which is disetowj. Failure to disclose will frdicat+e tbat rta such property exists, The.Chrision shall then,tinder Paragraph(24)b.,have the right to all patents and eop}vights which accrue during performance of the Agreement C0 d. If the Sub-Recipleeet qualities as a State university Under Florioa taw,then,pursuant to sectxm 1004.23,Ftwda Statutes,any Invention conceived exclusively by the employees of the Sub- tXtiltfl I __�.. Page 54 of 99 Packet Pg. 2075 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 22 E Recipient shall become the solo-property of the Sub-Recipient In the case of joint inventions,that is involutions made jointly by one or more emp=byees of both parties hereto,each party shelf have an equal. urtdi,4ded interest in and to such joint inventions. The Division shad retain a perpetual,Ifrtv=bie,fully- paid,nonexttus;aw license,for its use and the use of its contractors of any resulting palertled,copyrighle-4 or tradoma.Aed Work products,dove%oped solely by the Sub-Recipient,under this Agreement,for Florida government purposes. (26)L1=GAL ALfTWORIZATION. C0 C� The Serb-Recipient terries that it has the resat authority to receive the funds under this Agreement and that its governing body has authorized thc execution and acceptance of this Agreement. oir The Sub-Recipient also certifies that the undet,;ignod person has the authority to legally execute and bind Sub-Recipient;e,the terms of this Agreement, C0 (25)FQI�gL O?POiiTUN�7Y a id LAfEIVT a In accordance vrlh 41 C,F,R,§60-t.4 b),_the Sub-Recipient hereby agrees that 1 will � intorporale or cause to be incorporated info any Contract for construct;on work,or mcdifiaation tt:ereof,as deSned in the rcgulati4ns of the Secrelwy of Labor at 41 CFR Chapter 60.wfi:ch is pa Wor in whole or in � part ti:th funds Obtained from Me Federal Government or borrmved on the credit of the Federal GovernrrYent pursuant to a glen!,contract,loan insurance,or guarantee,or uo:dorlaken purssatmnt to any C3 Federal program involving such grant,contract,loan,insumme,or guarantee,the following equal opportunity claw: During the performance of.this corttraw,the contractor agrees as folrova: i. The.eontr3ttor will not discrerdainate against any empooyee or applicant for employment because of race,color,religlon..sex,or national origin. The contractor w4 take affirmative=ion to ensure Thal appt Mt,are employed,anti that<mpbyees are treated during emPr Gymenl without ragard to their raco,color,religion.sex,or:tationai origin. Such action shall include,but not be limited to She fol?m%ing_ 0C3 emplo went,upgrading.demotion,or transfer,recruitment or recruitment advCrtisiM-rayoff or termination;rates of pay ct other Forms of compensation;and selection for training,including apprenticeship. The contractor agrees to post in Conspicuous Places,available to employees and aPlAeartls for enrploymeril.rtotioes to be provided setting forth the provisions of this nondfscriminalim clause. � fl.. The contractor viv,in all solicitations or advertisements for employees pled by or on beha4f of the coalractor,slate that all O qualified applica.vls wtll receive considerations for e:atployment wihout 0 regurd to race,color;religion,sex,or national crigin. iii, The Contractor will send to each labor union or representative of workers with vrh_Ch he has a ooltWive baegaining agreement ce other oe contract of understanding,a reotkce to be provided advjs*the.said labor C0 union or worker'tdprewritatives cf lute conteacloes commitments under This section,and sh31F post copies of the nolite in conspicuous pieces availabfa to emplooes and applicants for employment. C/�fl1Ol rdge 77 UI 77 Packet Pg. 2076 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 23 iv. The contractor will comply with all provisions of ew:cutive Order 11246 of September 24,1965,and of the rurfis,regulations,and relevant orders of the Secretary of Labor. V. 7`1:e3 Contraeior will famish rota Mfaranatian and reports required by Executive Order 11246 of September 24,1955,and by rules, regulations,and orders of the Secretary 0!Labor,or pursuant thereto, and will permit access 1:6 his books,records,and accounts by the admkrimertrng agency and the Secretary of Libor for purposes of C0 investigation to ascertain compliance with such rules,regulations,and C� orders. vi. In the event of[he contractor's nonccmpliance wilt►the nt)ndiscrimirraGon c.aus.es of Ns contract or With any of the Said rules, regula ions,or orders,thls contract may be cjrice'ad,teerninated,tc suspended in who'e or in part and the conlracioe may be deice fed C0 ineligible for further Government contracts or federally assisted c0nsiruClion cantmcts in accordance with procedures authorized in Executive Order 11246 of September 24.1965.and such ofleor sanctions may be imposed and remedies invoked is provided in Executive Order 11246 of September 24,1965,or by rule,regulation,or order.of the Secretary of Labor,or as,otherwise provided by law. � vie. The contractor will include the pompon of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1)through(7)in every subcontract or purchase order un".ess eximpted C) by rules,regulati=,or ordeis of the Secretary of Labor Issued pursuant to section 244-of Executive Order 11246 of September 24.196S,so that CD such provisions%A be binding Upon each subcontractor or vendor. They contractor will take such action with respect to any suVoontract ar purchase order as the adminislering agency may direct as a means of enfcrcirtg SVCh provisions,including sandierrs for noncompliance_ provided,howevor.that in the event a contractor becomes involved in,or is threatened vith,Whitton with a subcontractor or vendor as a result c4 such dhaction by the retinistering agency the contractor may request the United States to enter Into such iligatibn to protect the interests of 0 the United Stales. b. The Sub•Recip ent further agrees that d vrill be bound by the above equal ogpoearnity C� Wauso wilh respect to its own employment practices when it participates in federally assisted Construction viork: prow'ded,that If the applicant so parficipalirg is a State or local government,the above equal � opportunity clause is not appfciBla to any agency,Instrumentally or sub-divisitay of such government which does not participate in work one or under the oontracL 0 c, The Sub-RecL*ent agrees that it will assist and cooperate actively wide the r� administering agency and the Secretary of Labor in owainIng the c0m04 rice of contractors and � serbmntractors with the equal op portunity c18uaEz acct the;ales,regulations,and relevant orders Of,he Sustr6ta y of Labor,that it veil furnish the a0m(nistering agency and the Secretary a:Labor such C0 information as they may require for the supe<rvisian of such compL.ance,and that h vi:ll otherwise assist the administerfnD agency in the discharge of the agency's primary respansibility for securing compliante. eo txl-I1tSI I ti Page 5b of 99 Packet Pg. 2077 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 24 d. Tne Sub-Recipient further agrees.that d will retrain from untoring into any contract or contract madificalion subject to Executive Order 11248 of September 24,1965,vith a contractor dobarred.from,or 10rtse has not demanstrated clig:bility for,Government cola acts and federally assisted ca construcOort contracts pursuant to the Executive order and will Carry out such sanctions and penalties for viclaliOn Of the equal opportunliy clause as may be immed upon contractors and subcontractors by the a0rr1WslaCmg agency or the St-crotary of Labor pursuant to Para 11,Sarbparl D of the Exeeaalive order. In odddion,the Sub-Recipient agrees that if it fails or refuses to comply Wdh these undertake>1t 5,the administering 3ency may take any or all of the foGpving w6ona: cancel,terminate,Or suspersd in w;hole or in part this grant(cantracl.loan.Insurance,guarantee);re`rain from extending any further ass'stance to the Sub.-Recipient under the program with respect to vihich the fairtwe or tefund occurred until satisfactory assurance of future oomptance has been received frwn such Sub•Recipienl;and refer the,caso to the � C0 Departmeal of JusliCe for appropfie loaf proceedings, (27)WPELANQ ANTI-QgK RCK ACC' as The Sub•Recipient hereby agrees that,unless exempt undar Federal.lava,It will vrcorporate of cause to be incorporated into any contract forcoftiruction work.or modiflcalion thereof, 0 the following eraise. tit i. Con".ctot. The cont.clef shall comply with 1 a.U.S.C.§874, 44 U:S.C,§5145.and the requirements of 29 C.F.R.pt-3 as may b# C) applicable,which are incorporated by reference into this contract. K Subcontracts. The contractor or subeoalroclar shaU insert in any suhcon9_racts the clause above and such other clauses as tha.FEMA may by appropriate Instructions require,and also a clause requiring the subcontractors lainclude these clause.,in any laver tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor wilih ail of these contract otatrsos. lis.. Breach_ A breach of the contract crauses above may be grounds for tem)ination of the cor0aq,and for debarment as a contractor and subcontra.„tor as pro-Aded in 29 C,F,R.§5:122 (?$j�4 TRr�CT'NQRK N6UF?S ARD SAFETY S ttU p _LgDS if she Svb-fRecl t+nt,with the funds aulhoriaed by this Ageeamont.enters into to contr= that exceeds S100.0 0 and involves the empl®}anenl of mechancs or laborers,there any such contract must include a provislen for compaa=e wish 40 U.S.C_3702 send 3704,as suppteir-ented by Departmenj of Labor reoulaticns(29 CFR NO 5). Uudet 40 US.C,3702 of the Act,each contractor must be requited to compute ft wages of every mechanic and laborer on the basis of a standard workweek of forty(40) � flours Work in exOf Sv of the standard wofk week is permlgsib a pro'eided that the worker is-compensated al a rare of nal loss than one and a half times the basic fate of pay for all trouts worked in.excess of forty C0 (40)hours In the work week, The requirements of 40 U.S.G_3704 are applicable to construction work and.prorMe that no laborer or mechan o must be required to v+ofk in surroundings or under wor'mcing conditions wriich turd unsanitary,hazardous or dangerous, These requirements do not apply to the � �nrnor r o rdge 31 ul 77 Packet Pg. 2078 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 25 E ptsrehasos of supplies pr nlatoriars or articles ordinarily available an Blot open market,Ot Wntfa=for transportation. (29)CLEAN AIR ACT AND TH F ERAL"UATFR POI LUTfON CONTROL.Aca CT 11t If the Sub-Stecipie-it,vmh the funds outhorized by this Agre-emont,enters into a contract that exceeds 5150-000,Chen any such h cantrEct must include the foltowing provision: Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to tlto Clean Air Act(42 U.S.C.7401-7$7 bq) C0 and the Federal Haler Pollution Conlaoi Act as amended(33 U.S.G- 1251-1337).and%Wl report violations to 1 ELIA and the Regional offirce of the Environme.tat Prold,,Gliun Agency(EOA), (30)SUS PEh.59C)�(gtap OEt3ARh9FIVT � Per 2 C.F.R.200,213 Suspension and detaarmenl,non-Federal eillilias are subyec4 to tiles C0 oar.-prrscurertient debarment and suspension regulations implementing Exe.ut(vc Orders 12FA0 and 12M 2 G.F.R.past 180,These regullakons ro-Itrid awards.suba4vards,and contracts 4aith oortain � parties that are debarred,suspended,or clhonvise excluded f+an5 or ineligible for participations in Federal assistance programs or wia:ties. If the Sub-FRcc=plont,with the funds authorized by this Agreement.enters Imes a contract, then any such contract must include the following provisions. L This contract is.a covered fransai lion.Or purposes of 2 C.F.R. pt. 100 a rtd 2 C.F_R.pt.3000, As such the contractor is required to venfy that none of the contractor, s prfnc,:pal5(defined at 2 C.F.R_§ i BO.995),or its affiliates(defined ot.2 C.F.R.§180.906)Oro Oxcluded (defined al 2 C.F.R.§180.0,40)0:disquahRed(defined ai 2 0,P.R.§ n, The contractor roust comply vrith 2 C,F,R pt. 180,subpart C Ind 2 C.F.R.pL 300"J,subpar C and must include a requirement to comply vela thoso(agulabons in any:0war tier covered transa0cas it enters into, C0 iii. This certification is a material ropresertation of fact retied upon by the Division, It rl is later datermineci lhfit the contractor did not comply with 2 C.F.R.pt. M.subpart C and 2 C.F.R.pt.3O0,subpart C,in addition to remedies avillable to the Division.tea Federal Goverrmant may pursue available remedies,including but not limiteld to suspensfGn arifti debarmem. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R,pt.1$0,subpa.n C and 2 C.F,R,pt 3000.subpart C while this O offotr is valid and 1hrou,4hout the period of Ory contract that mOy:3rise 0 from this offer_ The bidder or proposer further agrees to inetude O provision requiring such campliaMe in its i0w'er trot covered transactions. � (31) YR)ANTI-LOS YIt•- A.,%IEN J.dENT If t-ke Sub-Re,:ip:lent,wiin the funds auli-orzed t y this Agreement,enters into a contract. C0 then any such contract must bict rle Wo fokwing clause; Byrd Antl-1,abying Amendment,31 US-C.§1352(as amended). COntrac+ors'Who apply or bid for an award of$100,000 ar more shaQV file � tAriltil I ..ti- Page 58 01'99 Packet Pg. 2079 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 2.6 the required certifitati'on_ Ear tier certifies to ilea tier above that it will not and has not used Federal appropflatiad funds to pay any person or organization for influencie g or attempting to influence an office,or employee of any agency,-a member of Congress,officer or employee of Congres%or an employee of a member of Congress in connection with obtaining any Faderef contract,grant,of any other award coveted by 31 U_S.C_$1$52. Sach tier shall also disclose any lobbying vilh non- Federal funds that lakes place in conneAon vrith obtaining any Federal award,Such disclosures Oro forwarded from tier to tier up to the recipient. to (32jOMRACTINO MIU SfdALtA4'4 MItVCt�ITY BUSildES9E�,WgMEN'S BiJSlht FNTERPRI$ES.A,NEI UlBilEt SURPLUS atftEA•FIRMS � a. If the Sub-Reciplerq,with the funds.aalhorized by ties Agreement,seOks to procure goads or sesv cos,then,in accordance wbh 2 C,F.R.5200,321,Ilse Sub-Reclpiertt shalt take the f0110:4 rtg to affirmative steps to assure that minority businewas.womon's business enterprises,and tabor surplus area firms are used twia ossCae i_ Placing qualified small and minority businesses and womon's business enterprises on solicitation lists: 0 ii, Assururrj that small a td minonly businesses,and svontan's buslnee.S enterprises are solicited whenever they are potential sources; W. DMding total requirements,Ah—an rlonomically feasible into.smaller tasks or quantities to permit maximum porticipakan by,marl ood Minority businesses,and women's business. erbtt tyfiSSs; N. Establishing delivery schedules,yr,M��r��h,a renaairement s��rrr�its,which encourage participation by small and minority businesses,and women a business entcrirrises; V. Using the seMces and anislance,as aaaroarlp, of such organizatvns as the Small Business Administration and the Minority Business Development Agency of the l)epartmem of C0 Commerce;a,'yd C� vi. Requiring the prime conlrallor,of suboonfracts tare to be tek to take the affimaativa.slaps listed In paragraphs i,through v,of this subparagraph, b. The requirement oullb ed in subparagraph a.above,sometimes referred to as 'so6oeccaomic conlracling,'dGiM V Ct impose an obligation to set aside either the solicitation or award of a contract to these types of finrm. Rather,the requirement only Imposes an oblfgateon io carry out A u ant the six,af rail.talive aleps I den tAad above.. C d3 c The'soc*,--,cnomic contracting!requkers;ent outlines the affomuGve steps that the Sub-Recipient must lase;the requirements do not preclude the Sub-Recipent from undertaking additional steps to Involve small and minority businesses and.uwman's business enterprises. d. The requirement to d;y das total requfremeals,when eoonomically feaswe,into smaller tasks or quanti ieg to permit maximum participation by small and minority businessesi arrcl � women's business enterprise:;,aces not authov ize the Sub-Recipient to break a single project down into t=nnioi o rage»ui » Packet Pg. 2080 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 27 Smaller components In order to ctruumvent I:te rnivo-purchase or gfnafi purchase Ihmhold,%so as to utilize stresrnlietocl acquisuon prcceduces(oq.'project splitting'), The SO-Recipiert shall comply Willi any 8tatt meat cf Assurances incorporated 15 AUachment E. C0 C3 �s C0 C3 C0 C3 i C3 C0 tXhiltil I "b" Page bU W 99 Packet Pg. 2081 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS E IN WITNESSVVE eAF!0P,the pates hereto hove executwd Ibis ASreement. ca SUE3•13ECIPIEF7:MON COUNTY 6r'— —f�` { 1nrt4wa1 V Nameand Pile, �ctut� Il«e+ IV7a,fo✓ ®E<�RYGIEtilC C' Date; N�n� � 06 1T FErD4 59-6000749 ea (r7 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT � as f,(/+ N m® Title:Wesley Maul,Ll;ectflr (f sQ. wkt4f-cr e3 Date; C0 C) MONILOE CGUNGY itTYOXN EY 1 APFFQ} i'l AS TO FORM.' r C) CKItLSTINE LI;t#3E1tfi BARROWS ASS5I.W.011'CQ QW!Y t� Ne DATE, 5( .4f�?'rCO� dJ C C) C0 Cnf-l�o� o rage of u1 77 Packet Pg. 2082 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 29 �t EXHIBIT—1 ca E THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT LINDER THIS AGREEMENT: C0 C� Fodaral Program Federal agency,Federal Emorgermy Management Agency:Public Assistance Program � catalog of Federal Domestic Assistance:97,036 Arrtountof Federal Funding: $i,a58.535,84 THE FOLLOWINO COMPLIANCE REQU1REMENr$APPLY TO THE FEDERAL RESOURCES � AWARDED UNDER THIS AGREEMENT: 2 C.F.R,Pal 2CA.Uniform Administrative Requirements,Cost Principles,and Audit Requirements � for Fedecat Awards a 0 44 C.F.R.Part 206 The Robeti T.Stafford Disaster Ret'ef asd Emorgency Assistance Act,Pub€c Laty 93-268,as amended.42 U-S,C.5121 a seq.,and ReWed Authorities 0 FEh4A Pub%Assistance Program and Policy Gukta.2017 Cm effect far incidents(leclarad on of efts;Aprif 1.2017) Federal Program: 1. Sub-€iecip:ent Is to use funding to perform►64ible.actiYities in accordance vAth the Public �t Assistance Program and Policy Guide,2017 and approved Project Worksheet{a).Ellgitala Work is classified into the fo9tawing w.c9orias: Emergency Work 0 ,Category A-Debris Removal C0 Category B:Emergency Protective Measures Permanent Wark Category C:Roads and t3ridcges CatCaory D.V'later Control Facilities Calegory E.Public Bu ldings 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 O U Agreement,or will be In viofslran of the terms of the Agreement, NOTE-,Section 200.331(a)(1)of 2 CPR,as ftw sod,and Secibn Va97(5)fQ),Fkv$da.Starutes,require that llle Frrformfat+an OtVilt Fodttral Prog,am5 and State Pr4oars inctuded on pg, t of this sub9 aw at�Fw'firnwf and to i5xhibQ J be prvwfMd fq Jho Sob-Recoldrit_ IZANIbI I -ti*, Page bZ of 99 Packet Pg. 2083 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Attachment A Budget and Project t-Lst 8uda�t: E The Budget of this Agre.ment is in+tiakly de-ter.nined by the amnum of any Projec-t Wockshect(s)(PW)that the Federal Emargesr.ey man-gement Adrninislration(FEMA)has ob!gated fora Sub•Recipicnt at iho Grata of execution_ Subsequent M's of fe visions thereof w8)increase or decrease the budget of thu Agreamcal. The P%V(s)that Crave Leean e7 g,,ted ote: 15'R- 7 Sub-Sub -pienl:M'-0-NROE COUNTY C3 PVV Gat ProftctTite Estimated Fed Federal Saatc Lccat TotelFto- tng td Total % ahaw Share Share ea 7M) 6 F[vc.9Axou»t $2,667—Br S viCO�a 32607,W3.65 f} O 5.,65i.ET�6] t,ntlrlr Ere 30 1 d _ fi gays I i c0 Ws.46529 T00% I' $105,465.29 Q-- I O $tGO:CSJaZ3 p( 41(-0) 3 Teervar;rry 560,9r4.5�J i00 4 $CQ.549. 0 0 biO- SJJv'!Uy PBtYd�9s �S Rig me+.-for 100 swat f 8 zern,�waryn si�,sa�.�a r�75 92J.sa7.r�o 10 41,$07,:0 P lnnro cm 0 C0 C0 8R,-4237 Total i 52.8�f3,535.9� i es �nnioi i o rage 03 vi » Packet Pg. 2084 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 31 Attachment B a SCOPE OF WORK,OELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work Complete eligible Projects for emergency protective ateoskfes,dolxis removal,repairer rep!acemerit of Disoster damaged facilities. 0 When FEM3A has obligated funding for a Sub-Recipient's P'M!,the Division notifies the Sub•Redpient with a copy of the PW(or P2 Report), A Sub-Reciplent may receive mc.e than one PW and each will conta:ni a separate Preje , Attachment A,Budgel and Project Llst of this Agreement will be modified as neceswfy to incorporate nesv or revised P%Vs. For the purposo of this Agreement,each Project will be monitored,completed and reimbursed independently of the other Projects which are.made part of this Agreement. a) C0 Deliverables Large,Projects Relmbursement requests will be submitted ceparatoly for each urge Project. Reirnbursement for Lane Project cosls shall be based on the percentage of completion of the individual P%ect.Any request for reimbursement shall provide adequate,well organized and complete source documentation to support all Costs related to the Project,and shall be'emarty ideniviied by the Project Number as genaraled by FEMA. Requests which do not confom will be returned to the Sub-Reciplent prior to acceptance for payment. RC•rribursement up to 95%of the teta3 eligible amount will be paid upon acceptance and contingent upon: Timely submission of Quarterly Reports(due 30 days after end of each quarter). ■ Timely submission of invoices(Requests fo:Reimbursemerd)at feast quarterly and supporled by documentations for all costs of the proect or services. The final invoice shall be submitted within sixty(60)days after the expiration of the agreement or eompletlon of lho project,whichever out circumstances first. An oxp>anatian of any circustances prohlbilireg R*submittal of quarterty invo:es shall be submitted to the Dm3ion Grant Manager as part of the Sub•Recipienl's quarterly reporting,as referamed In Paragraph 7 of this agreement ■ Timely submission of Request for Final inspection(within ninety(90)days of project compleVort— foreach prcjoci). ■ Sub-Recipient shall inewde a sworri Affidavit or American InshMe of Architects(AIA)forms G702 and G703,as required below, o A.Affidavii.The Reclpien!Jr.required Io submit art Alfidavit sfgred by the Recipient's project personnel with each re mbursement request attesting to the folle{nng:the percentage of completion of the ti°rwk that the reimbursement fequest represents.that � disbursements or payments wore made in accordance with all of the Agreement and reg ulatory conditions,and that reimbursement is due and has not been preWously requested, O e B.AIA Fomrs G702 and G703.For constnx on projects where an architectural, engineering or construction management firm provides conslfuctfon administration serAaces,the RecVent shall provide a copy of the American Institute of Architects(AIA) form G702,Apptcatfon and Certification for Paynienl,or a comparable form approved by the Civision,signed by the contractor and inspectionfcertifying architect or engineer,and a copy'of fora)G703.Continuation Sheet,or a comparable form approved by the to Division tXhiltil I t3 Page b4 of 99 Packet Pg. 2085 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Fivb percent(5%)of the total ergible arrtaunt(including Federal,state and local shareS)will be wilhhe d from payment unlit the final Request for Reimbutsement(car backup for advance expenditure)has been verifsed cis v,. Wable by the Divisicn's grant manages:which must include dated ceRlf"Xion that lbe Project is 10D5°5 eoniplvw. curther,a`l required documenlaliQn nitW be avoilable in FloridaPA.arg prior to release of final$%,to include pen%as,policies&procedures,procuremeal end insurance documents_ Small Projects $mll ardjeds will'be paid upon obligalion of the Ptojima Workstaeet. Sub.Recipiient must initiate the $mall Pfoje~t Voseoul in FtoddaPA crg vrithin 30 days of cxarctnletidn mt the protect ti rprft,or ne later than 0 the period of"dormar."and date. Small Project Cfo5aout ie inilinl6d by kaggancg Into FloridaPA.org, C� selecting the Sub-Recipient's occoun,�then se'md;arg'Create New Request',and sakcNvg'Nmv Small Project Camp'etioni'Ctoseo4V. Comp?oty tho form and'Save'. The final action is to Advarbra the form to tho neat queue for revive_ ea Flnanelal Conse92ag-rags; co For any Project(PIN)Ihat the Sub-Recipient fails to complete in campfance veils Fed€rat,stare and tacal raquiramerlls,the Division shalt wilhlto'd a portion of the funding up to the full amount. Any furds advanced to the Sub-Rec oleni will be due back to the Division. � Zia t,3 Zia C0 t,3 t,3 0 t,3 C0 r=nnioi i o rdgc 03 ui » Packet Pg. 2086 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 33 E Attachment C a CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY ca and VOLUNTARY EXCLUSION Contractor Covered Transactions (t) The pmspective 9ul=tractor of Ike Saab-recipient, 4(Unror C'itinl;l,cortfts,by subrnission of this document.that neither it nor im principals is presently debarred,suspiWed.oroposed for C0 debarment,declared inel..gable,or voluntenly excluded Cram partkipslion m this transaction by any Feleral department or agency, (2) Where the Sub-eecpient's subcoriLmnlor is unable to curtiry to the above statemerl.the prospoave ea contract sr°sall attach an explanatlon to this foam, as CONTRACTOR C0 ionroc Count-., as By. _.CrL�J Nlonroc C_nunty Sig ato€e vSui:*Re_ip*ent's Name David Rice %aygr Z0002 Name and Tlilg DEPh Contract Numtw 1100 Simonton Street Stree!Atldres9 FEMA Pro}ett Number Kcv We;t,Florida,33040 City,State,Tip \larch [9,20 18 Date �l (O 1 C3 O C3 (O as CJCI-IIISI I ti t'age bb of 99 Packet Pg. 2087 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 34 Attachment 0 DESIGNATION OF AUTHORITY � The Designation of Authodty Form,is submitted with each new disaster or emergency declaralfoin to provide the authority for the Sub-Recipient's PrimaryAgent and Alternate Agent to access the FlorldaPA.org system in welor to enter rotes,reW&.w r OW%and documents,and submit the documt:-rslatiin necessary to work the nevi event The Designation of Authority Form is originally submitted as Attachment'©"to the PA Fun&Pg agreement for each disaster or emergency declaration_Subsequently,tare Primary or Alternate CO contact should review the agerncy cantacts at.leas.t.quatlefty. The Authomed Representative s rin request d3 a change in contacls via email to the state team;a note should be entered fro Flor-daPA.ofg if the list is correct,Contacts should be removed as soon as they separate,retire,or ate reassigned by the Agency,A rew farm will only be needed if all authorized representatives have separated from your agency.Note that � if a new 13esigeation form is submitted,all Ag®ncy Representatives currently listed 3s contacts that are rat included on the updated form will be deleted from F1064+aPA.org as the contrWels listed arc replaced in the � system,not supplemeal�ed.Ail users must_lag in.on a mort1bly basis 10 keep their accounts from becoming fackad. CO Instructions For Completioa Complete the form in it;entirety,kiting the name aw In!ssr nation for a representatives who I be wojlkrr,g � in the FlaridaPA_arg Grant hianagemeat System. Vsers V40 be notified via email when they have been granieii access.The user must log In to the FloridaRA.org system wilhin 12 hours of Wmg notified or their account will lack them out,Each user must lag in within a 64-day lima period 4r their amount'Will tasrt thetn out,to the ovoot you try to fog in and your account is locker],submit a ticket usirvg the Access Request 6nk on the home page. The farm is divided Into twlve blocks;each block roust be completed where appropriate. Urvck 1;'Auhorized Agent'—7h4 should be the highest authority in yxtur organisation who is authorized to siegn ie:gal documents an behalf of your organization. (Only one Authorized Agent is alcove d and lhN �q person wd1 have fuft accessfauthadty unless Otherwise requested), Block 2: *Primary Agent" — This is the person desiganted by your organization to receive all correspondence and is our main point of contact,This contaM will be responsible for answering quostions, CO uploading doeumeals.and sul milting ropciisfrequesls in Flo6 aPA.org.The Phiriary Agent Is ustrtrlly not the Authorized Agent but should be responsible for updali%tg all inieratal Sialiehoidars on all grant actWiev. (Only one Prir»ary Agent is allowed,a.,tl this contact will have furl access). C� Block 3:'Alternttit;Agent'—This is the person desi4natetd by your argan4alion to be available,when the Primary is not,O rn Only one.Alleate Agent is allm vd and this contact will have full access), ®lock 4,5,and 6:°d)iher^(Plnarsee:sPrlint of Contact, Ris&.htan:rr7en7eri•Insuranca, and Envlr4nmen1a6- Ki.toric), Providind these cantacls-is esstantaal in the ccordinalfan and communication required between state and local subject matter experts,We understand that the safne egent may identified in multiple O bk-Cks,h*wevOr wq ask that you enter The name and informalion agaiq to ensure Kea are communicating with the correct indiwiduars. cs Block 7—12:'Other'(Real!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 rota in reviewing the Information. CO This dssigriation is only for situalfi=ill awareness purposes as Individuals wAh the'fattier Reed-Only designation cannot cake any action In FloWaPA.orp. �nrnor r o rdge U/ ur » Packet Pg. 2088 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS yS E PUSMNATlnti Qff:41TF H(:IRI'[1`(A(:F.ti T5) r'F'1aA C1L•IATFIi d']r13F,IC,45S1ST.tiVC1':PROGRAM -FLORIDA SuOs-Grnnl��: Ekox 1: - Atll1wrind_•1P&N(Furl Acceaq Do.,:: E'rintnn'AErtu I'Futl Aca-+r1 A;grr--'¢ tiiJu�:r .. 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C"c,•utc.ne a!1 n_M1r-5(§ i,nrr(c a A -4 Jiawer K.:r.::Ys jti.,ztt:y w;po:in:l m:uird✓r tt:z Ura.•rut r,!2M-V m;..A,Uu=n-j tnnLts UVA,:'t plain,:un GE.:e-";_tc Sxumni!rW rr:d srly-a.-Yrs 1?q ihr r_aiK Ruth:i:al A;•c,Ui � �S Sett-4 mulct Autholimed A4cn(Mgruttjvr C0 Mar 4) C/4f1101 I O rdgt:00 UI 77 Packet Pg. 2089 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS )IF_MC1'A'lltJlNt]FAIIV110 Uff(AGENIS) 22 FE.}dAfGRANTEE PLatAt'.t LSI'rA\f_F I'll UGI.tl,i _ FLORIDA I)!ti'ISIUt Of k11GIiC:PXCa'Sl.tNA(.F.%UN, I' Sub-Geo ut[wr: Date: Box 7s Othor lhead0-1% Lcre.�l (3+It9: - Or — lsr dfic-sJl!nir:\ct-r.,:'f 1%dn:l we 1}ttun mII C417917119,i 16'm,ti_,: ! 1h�:II:-•::�c;r]n,ei.il I`;,•_;::.: !,:<ulin•s,SJWcr+ t ALtd:r.,1�5ds;n,. cur,sh:.r,;, ertq.5u:e.ri, as D_ywrtr Tr%cr.•rn.: F_ticsil.0 iz:ie g•-•i:;Addrst•. 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Drp,7m!,M Ike cc4m.:,`-:tPure Irrn i,'}:.4Sir�+jiiCt'FITIS i)4"ti,'.r.'.!tlY1„u11t1:Y Nlr.ee irfreratinr,m I',ni,;,il'AL'7'V N"i i t3dL;+S:i2,]91„�it`,K1dt':,5;t I�u.-1 a`;�nc n111 rcp!a:t,new � 41r}t5!t,arn;,C'4'(a.T.p�rp m the Fr{c-i,�&1,6 I`E,•,i]'r'dl4•.�d7 tli4\NUf"4"L'n,K':5'iAnXk:f C/�flI 1 rdrt!07 UI 77 Packet Pg. 2090 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS ;y E Attachment E STATEMENT OF ASSURANCES 1k The Sub-Recipient hereby cerfrfres compliance with all Federal siatutes, regutaiions, policies. guidelines,and rettulrernents,lrt�. uding but not Emited to OMB Cftswars No.A-21,A-87,A-110.A- 122,and A428,E.Q.12372:and Unftrrll Administrative Requirements.Cost Principles,and Audit Requirements for Federal Avmrds.2 C.F.R.Fart 200;that govern,the application,acceptance and 0 use of Federal funds for this Federally-assisted project C0 2) Acdditionally, to the extent The follarrtng provistng apply to this Agra m- ent, the Sub•Recip:ant assures and cert+fGas that: a. It possesses legal auttcority to apply for the grant,and to finance and construct the proposed facilities;that a resglulion,motion,or Similar action has been dut}t rttt4ptr d or passod as an official act of the Sub-Reciplenl's governing body,a4lhodzinq the frling of the applfcaticaa,includdng all understandings and assurar4es contained therein.and dxfecting and authorizing the person identified as the officia3 representative of the Sub- Recipient.to act in connection with the application and to provide such add"lionat as informaGan as may be required. b. To the best of its knoWedge and belief the d sorter relief%%brk described are each Federal Emergency Management Agency (FEhlA) Project Application for %which Federat Financial dWstance is requested is elagible in aocordor%ce with the criteria contained in 44 C,P,R.§206,and appllcaWe FEMA policy dmuatents, c. The emergency or disaster relief watt thefcin described for which Federal pssJslance Is requested hotounder does not,ar vaL not.duplicate benef4s available for the same loss from anothol 50,6-rce. 3) The Sub-Recipient furtherassures it Wit: a. Have scatticienf funds available to meet the rein-Federal share of the cost for construction prefects-Stnificlent funds will be available when construction is completed to assure effective operation and maintonance of the facility for 13 a purpose co.nsiructed,and if not it will request a waive+from the Gowernorto cover the cast. h. Refrain front enteflng into a construction contracts)for the project or undertake other 0 activities urtlil the Condiltons of the grant program(s)have been met,all corhacis meat C� Federal,State,and rgcal regu!attons: c, Provide and maintain competent and,adequate archltacturar engineering suorvisson and inspection at the construction site to ensure that the compkIed work conforms to We approwl prang and Specifications,and%vul furnish progress repods and such other Infcrmalicn as the Federal grantor agency may need, d. Cause work an the protect to be commenced within a reasonable time after receipt of notification from the approving Federal agency that tenets have been approved and will see that work on the project will be dor4 to complelicA with rea4cnablm diligence. U e, Not dispose of o encumi er Cis title or cAhor inTor"Ts in the sage and facjities during tht period of Federal interest or while ilte Gcvornntant holds bonds,whictievet is longer, � as f. Provide vA'horrt cost to the United States and the GranteeMecipfent all lands. easements and rights•ot=%way necessary for a=ornplishmerti of 1he approved vrork and will also Mold and sane tltc+Untied States and;he GrarteefReclpienl free froin damages due to the approved work or Federal funding. as g,. Establish safeguards to proh'Lb*d emplo,ves from',using their positions for a purpose that is or gives the appearance of being moOtaled by a desire for private gain for Packet Pg. 2091 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS �s themse,`vCs or others,particularly those vrlh wttam they have fancily,business,or other ties, a h, Assist the Federal grantor agency In rs compliance with Section 106 of the Ntationat Historic Preseavalion Act of 1966 as amertded. Exacu ve OTdn_r 116A3, and the ATcheologi:al and Pistorical Preservation Act of p 956 by; 1. consuAng with the S1al4.1 Historic Preservation Off er an the conduct of investigalions, as necessary, to idunldy properties listed In or eligible for Inclusion in the National Register of Historic Ply cs that are subject to adveme C0 effects(ses 35 C.F.R, Part 800.5)by the activity,and nol:iying the Federal C) grantor agorlcy of the,existence of any such pWerties:and di. by complying wrilh all requirements estabhslre by the Federal grantor agency ea to avoid or mitigate adverse effects upon such properties. as i. Give the sponsoying agency ae the Comptroller General, thro gh any aultioriaed � represenlatve, access to and The right to examine all records. boMs, papers, cr. (o documents related to Ilia grant, J. With respect 10 deatmoliYon activates; I. create and n-ake availab:o documentation suffidvnl to demonslraie Ihnt tho Sub-Recipient and its demolition contractor have suf cAnt manpower and oquipmerotta comply With the Obligations IS oulfinod in this Agreament; � it. return Use property to its natural slate as though no improvements had been contained thereon; Et. fum h documentalion of all qualified personnel, licenses,and.all equipment necessary to inspect buildings located in Sub-fix-cipient's jurisdl,'Ction to dPlecl the presence of asbestos and lead in accordance with requireraGnts flf 1ho U_S_ Environmental protection Agency,the Florida Department of Erivirunrnental Protection,and the oppropriato County Health Department; Iv. provide documentation of the inspeclion results for each structure to indicate safety hazards present, health hazards presersl,andlor hazardous matereals present; v, provide supervision over Contractors or csraployees employed by the Sub- Recipient to remove asbestos and lead from darnotished or alhe wise C0 appligab}c structures. C3 vi. leave the demolished site Clean,le:vc�,and free of debris; wll, arolify the CsraatleoRec aienl promptly of any unu aural existing condition which harctpery the contractors wrack; vili. oblain all required pernitt . j r� ix. pmvde'addresses and marked maps for each site wham watbr wef'Fs and septic 1pnks arc:to be closed,alarm with the number of wefts and septic tanks located an e:a`i site,and pitavidr3 documentation of such closuf"; x, comply with mandalory gta.^•d3.ris and Policies roWing to ensrgy efficieetcy 0 which ora contained in the State energy conservation plan issued In as oo.�tapliante Mth the Energy Pol cy and Carservalion Act; xi, comply%,Mh all applicable standards, orders, or requirements, Issued und'or C0 Section 112 and 3US of the C,'ean Air Act.Section 508 of the Clears Water Act, Executive Order 11739, and t:ie U.S. En-Afonmental Protection Agency regulakfns.(Ws clause must be added to any subetvtlracls);and xfL provide do vrnentntion cf public robs for demoMian activities. r� Cnf-lion r O rdg'e /.L ur 77 Packet Pg. 2092 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS -49 k. Require faciffliea to be designed to comply with the"Ame6m Standard Specifications for Mat-i iq Buildings and iFacO:ties AccessVe to, arid Usabfs by the Physically Handicapped," Number A117.1-19a1, as modified, The Sub-RacipScnt will be responsible for conducting irnspoc6ons to ensure compliance with these specifir—Wons by the contractor. 1. Provide an Equal Employment Opportunity Program.if required to maintain we,where the applfcatitst Is for$500,000 W or more, m. Return a°:erpaid funds within the forty-five(45)day regWremenl,and if unable to pay C0 within the required time period,begin working with the GrarileeJFtecfpfent in goad falh C) to agree upon a repayment date. n. to the event a Federal of State court of Federal of State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race.color, � religion,national origin.sex,or disability against a recipient of funds,faNrard a copy of the finding to the Office for Civil Rights,Office of Ju9lice Programs, C0 4) The Sab-Recipient agrees it will comply with the. a. Requirements of all prov9s-sons of the Unifann Relocation Assislanw and Real PropertyA Quisll'ens Act of 1970 which rovides for fay and p equila-We treatment a,` persons displaced as a result of Federal and Federally-assisted programs, b: Provesions of Federal law found at 5 U.S.C.§'1501.ct seq.which limit certain political 4) activ'ies of.employees of a State or local Unit of govMmani whose principal employment is in C:oonne0on with an activity financed tar whole of in part by Federal grants, c. Provisions of 18 lJ.$.C, §§ 554, 698. and 600.605 re1<iting to elections, relief 0 approprfations,.and employmeal,conWbutlons,and solicitations, d. Winimurn wage add maximum hour's pravis ons of the Federal Fair Labor Standards Act e, Controcl Work Hours-and Safety Standards Act of 1962.requiring that machants and tabomrs(Including tvatchmed and gtraids)employed on Federally assisted contracts be paid wages of not less.than one and,ons-hatf limes their basic.wne rates for all ca hmurs worked in okcess of forty hours in a work Week. f. Federal Fa:�Labor Standards Act,requiring that covered employees be paid at least U the minimum prescribed wage,and also that they be paid one and one-half banes their basic wage ratan for all hours v asked in excess of the-prescribed work-week. U g. A9iti-Kickback Act of 1986,w4m n outlaws and,pfescribcs penalties for"kink-ba0s-of wages in Federally financed)or assisted construttion aclivitles- h. Requirements imposed by the Federal sponsoring agency conwrning spocial requlremzrts of laaw,progtarn requirements,,and other administrative requiremants.It Further agrees to entrife that the facilities undef ds ownershap, tease ct supervisoon which are utilized in the accm1plishmctll of the priiject are neq listed cn the Environmental ProtecE�on Agency's(EPA)list of Violating Facilities and that it will nolify 0 b'to Federal grantor,agency of the.racelpi of any communication from the Director of the EPA Office q°Federal Activities ind;cating that a-fQ61ily Sp be uW frt the project is 0 under cons=derailon:or listing by the EPA. I. Flood insurance.purchase requ roments of Swion 102(a) of the Flood Disaster Protection Act of 1973,which requires)boat on and after March 2, 1975,the purchase of flood insurance in communities tro Are sash Insurance is available,as a condition for the raceptof any Federal financial assistance for eonstructlen Or acquisition purposes 0 for vGe in any area 1.ftal has been Identified by the Secretary of the Department of Housing and Urban Davnlopment as an area havLag spe sal flood hazards.The phrase � �nnror r o rage is ur » Packet Pg. 2093 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 40 E 'Fcdefal financial assistance includes any(arm of loan, grant, guaranty, Insurance payment,rebate.sul Wy,disasler loan or grant,or any other farm of direcq or indirect Faders'.assistance, J. Fnsus3nce requirements of Section 314,PL 93-288.to obtain and mainla n any other insurance os may be rcasoriablo,adequate.and necessary to protect against funkier lass to any properly which was repwel, r",ofed,repaired,or constrvcded willh this assistance. Note that FELLA provides a rrecharrism to mWify Chit; insuran c requirement by filing a request for an Insurance cafnrnissioner aertif j?ioati(!CC).The stale's insurance commissioner cannot waive Federal instaance requrementS but nW)y CO 0coertafy the types and extent of insurance reasoa�,ab[e to protect against future loss to an insurable(,tr,ily. k. Applicable provisions of Title I of qhe Omnibus Crime Control a.d S3,`e Strf'4's A4t of 1968, as amended, the Juvenile Justice aced Delinquervsy Prevention Act. or the; Victims of Crime Acl,as appropriator,he provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants,f.17100_1;and art CO other applicable Federal loss, orders, circulars„ or ro5piatiaes- and assure the compliance at all its Sub•RecipfenN and conloctors. I. Provislons of 28 C,F.R.applfcabia to grants and cooperative agreements including Part 19,Administra'ive Roview Procedure;Part 20,Criminal Justice Information Systems; Part 22, ConSlentimily of ldentifr blo Research and Statistical Information; Part 23, Criminal rntelligence Systems Operating Pelicles;Part 30,antorgovemmentai Revirov 4) of Department of Justice Programs,and Activities:Par?42, NondiscriminationlEquai Employment Opportunity Policies and Procedures; Pan 61, Procetfcdeb for Implementing the National Environmental PalicyAct;Parl 63.Fleodpra=n Man3gemenl 9� and'Nolland Protection Procedures; and Federal laws or regulations applicable to federal Assistvnce Programs. m_ Lead-Based Faint Poison Prevention Act iah•h prohibits the use of leaj based paint io construction of.ehabilitation or residential structures. n, Energy PoIny and Censonration Act and tho pmvisions of the State Energy Conservation Plan adapted pursuant.ikereto. o. Nor discriminaiieh requirements of the Omnibus Crime Control anp Safe Slreets Act of 191M as amended, of Victims of'Srime Act(as appropriate);Section 504 of the Rehabllitation Act c1 1973. a, amended; Subtitle A, Title 11 of the Americans vei,h CO Disabilities Act(ADA)(1990);Title Ik of the Educaltri Amendments of 1072;the Age Dlscrirninmion Act of 1975:Depertatient of Justice Non-Discrimination Regu?aGons;and Department of Justice requlalie,%±s on disability tfi.9vif inotion, and a"Ure the compliance of aft its Sub-Recapients and contractors, p. prpv�fans of See.ion 311.P,L,a3•P8.6,and vrith the Civil Rights Acl of 1964;P.L.83- 352) which, in Tilde V1 of the Art. provWe3 that no parson in the Unit�i Slates of ea America,Grantees Reopleals shall,on Ina groun4 of race,color,or national origin,be excluded from participation in,be deniad the benefits of,cr be othervviso subjected to discriminatfon.under any program or activity far which the Sub•Recipie."l recdsms 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 Pederat tin tncial.assistance extended to the Sub-Recipient,this assurance os shalt ob4'2ate the Stib-Recipent v in the case of ary transfer of such property,any transferee. for the perioo durfAq which rite real property or structure is used for a purpose for vhiieb the Federal financial assistance is extended or fa:aaiof nor purpose CO involving the pmun on of sim?gar serVecs or benefits, q. Provision% q: Telro IX of the Education ArrlcadmanIs of 1972, as amended v.,hich prot6bits d seriftnaCon a t the basis of gender, �nrnor t o rdge is ur » Packet Pg. 2094 D.ai.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS a i E r. Comprehensive Aloehol Abuse and Alcohol�sm Prewention, Treatment and Rehabilitation Act of 1970,relaling to nondiscrimination an the basis of alcohol,abuse or alcoholism. s. Provisienas of 523 and 527 of the Public Hea;lh Service Ael of 1912 as amended, relating tc ounfidentiality of alcohol arsd drug abuse patient records. 1. Provisioas of all apptopriato environmental lw.,%includ'ing but not Boiled to: L The Clean Air Act of 1955,as amended; _ 0 It, The Clean Water Act of IW7,as ametWed: C� iii_ The Endangered Species Act of 1973; rv. The Intergovwr•.mental Personnel Act of 1970, u_ Environmental standards which may be prescribed pursuant to the Nalaonal Environmental Policy Act of 1969; C0 vi_ The Wild and Scenic Rivers Act of 1 W8,related to protec6nr =ponents or potential components of the national srri"_d and scenic rivers system: vtl. Tho Fish and Wildlife.Coord natian Act of 1 a56; v.iii. Environmental standards tab§t:h may be prewnbed pursuant to the Sato Drinking Water Act cf 1974, regarding the protection of undergrouriti walef as sources: 'x. Tt;e provisions of the C-oastal barrier Rosovfcos Act (P.L, 97-340) dates§ October 19, 1962.which prohibits the expenditure of newest Federal funds d3 within the units of the Coastal 8arfier Resoumes System. u. The prevW-ions of all Executive Orders lnclud�nq but not l:;miled to= L Executive Order 11246 as amended by Executive Orders 11376 and 120a,, and the regulations issued pursuant thereto,which provide thatno p€"on shall be discriminated agaEnst on the basis of race,color,religion,sex or national origin in all phases of employment during the performance of Federal ur Federally asslslW constmct�on conlrrOets:.afrq'tnatW action to fnssure to T treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment edvertss$tvg, layolfltermhation, races of pay or other fonns of C0 ccrnpensation:and election for training and apprenticeship. C� ii, EO 116614(NEPA). iii. ED.11738(violating facilities). iv. EC 1196®(Floodplain Management). V. EC 11990(weliaeuls►, vi. EC 12898(Environmenlal Justice). 5) For GranteesrReciplems other than Individuals,the pravisicM®d the DRUG-FREES ORKPLAC as required by the Drug•Free. orkplace Act of 1M. C0 as rdrt: /4 Ur 77 Packet Pg. 2095 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS a^ This assurance is givers in consideration of and for ltte purpose V obtaining Federal grants, loans, rar,mbursemems, advances, contracts, property, discounts andlor other Federal financial s55istance oxtonded to the Sut>-Rocipierel by FEMA. The Sub—Rec pienl undeMands that such Federal Financial assistance will be extended in reliance on tho representa`ions and agreemcn,s made in this Assurance and Unat bath the United$tales and the GrameeMecipinnl have the joinl and several rigtl to seek fudic.ial enforcement of this assurance.This assurance is binding on the Sub-Recipient.ils successD 5,transtereot;. and assignees FOR THE SUBGRANTEEISUB-RECIPIENT Signature Tis4 $c+ n.$r_flire ra ttd9g i[t � N-110-59 018 Printed Name and Title t7awu C0 as C0 C) C) O C) C0 Packet Pg. 2096 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 43 Attechment F Election of Participation in Public Assistance Alternative Procedures WAArR Picot Prograin Shouid the Sub-Pocipient desire to utilize the Public Assistance Alternative Procedures pra>islans of the Sandy Recovery Improvement Act (Division 6 of P.L 113-2), execution of a Supplemarttal Funding Agreement cove.-IN specific mp6cis of Lho Alternative Procedures Package is required of the Sub- C Recipient prior to the payment of saach funds by iite State as tine Recipiem, C� paymenhi proecl ed under the Alternative Procedures provisions Vail be requested as an advance and are exempt from advance requirements covered by Section 216.181(16),Florida Statutes.They wIll. � however,be treated ats an advance for purpose:,of Roe uosts for Reimbursoment(RFRs)a.-rd satisfaction of1he requirement that ninety percent(9t7%)of previouaay adva=ed 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 faflovring options,you must read the Guidance four+d at mv1 !l yR��y. 're ,govS3•ar.a re- gdures and then complete the required decunents on the falIvaing.pages. 'rho documents can be found under the Pannanent Work section of the uebpage in ed;lable.pdf format If paeferted. 2E16P oval(CalenorvA)Required Documents: �t ■ Public Assistance for Alternative Pro edurev Prot Program for Debris Removal Acknor vledgement htt sti4rrn^r.f a.enrhnedia ice• r OG?arIEQ4am1'Q05650- a`�aY'3es?d•9M0582562tdb62+GfI1APPENDIX A Reese l ly Imtec sirding 5 aie PAAP for Parmanent Wor',c IGntecLgr!e C tit R eta Ot�t{ocsrrrr nts: ■ Fixed Subgrarti Agreement Letter lit��llVr. •. h9�,,��vhrirr��3-ii!~�3r'-rlata'1?A61�t.F'`753�- 343 ear 73uc&wit i 1_7u6 371 i a 'p Ail�4m�1vtf Pry cr arrg P+>-1_Pr.eKamr, Perman ent Mark Fix-d Subar.nt Anfe,;rnant Lw1 k r%2a12.a3-1.1 - 00 d3 + Public Assistance Altemalive Procedures Pilot Program for Permanent Work Art nokWedgemem liliesvt^n^r.letn.�rr'�nr iy lirY{isu '15�556Q?.5q- �3 11P�ccYaiU�9 �11�tl irx. . 9writ)1 tl ,s ern r'tr• #�r fray °wc PLSF.iT+m a amlarenl 1Vork. , All PAAP Related Documents(guides,Fact Sheets.Standard Operating Procedures,FAOs,Atchived Does,eic.)may be fouled at ti 4 rtv tn2a. �w;mt���hh:�r„';asset +docr.rmer:ts+'_i 15&65 0 Nora.PAAP Fifer Program Guide lrkOehrfs Rojetovar(Version 51 pubhshad June 28,2017 contains floe fa!rgwing changes: The Public Assistance Alternative Procedures Print Program for debris Removal mass beef exteneod tot one year to Jerrie 27,2015.As-part orthe extension,FEMA will only aulho ire the sliding scale provision in events.vvith significant deh..ris Impacts.The other three provisions available under the Pi_ 1,remain C0 unchanged- For ftas,ors ddciared on or after August 23,2017,FEMA is limiting the usage of the pL'ors$tidUig scale proyLR:on to high imp ct Incidents that meet the fo9iowing.creteria:K-gh wneentration of localized dawage; CnnrO■I O rdrC /O U■ 77 Packet Pg. 2097 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 44 E large quantities o1 tlettfis(ovar 520Mt or 1.5 m0inn cubic yards):and disasters declared very soon after the incident(8 day_i)to inoentivize rapid debris 4amcvW This guide is applicable to disasters declared on or after June 28.2017.The changes to the sllrRAq sw"b provision are applicable to disasters declared on or after August 28,2017.This versim of the pilot guide supetsfc-des the prervious pilot guido for debris removal(V4)which►vas pub]ished June 28,2016. C0 ar3 C0 �1 ar3 t31 C0 ar3 ar3 0 C) C0 tXhlltSl I ti Page 77 of 99 Packet Pg. 2098 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS as E Public Assistance Alternative Procedures Pilot Program for debris Rern*val Acknowledgement a In accordance vnth the Sandy Rewvery Improvement Act of 2013,the Federal Emerger-4y Management Agency(FEMA)is implement2N alternative procedures for the Public Assistance(PA) Program through a pr7ot program. As a reprosenlafte of the subrecipient,we elect to participate in the foilovdng: 0 ra Accelerated Debris Removal-increased Federal cost share(SWing state) C� x Recyc&eg Revenue(subQeciplent retention of Inceme from debris recycling without a aarard offset) x One-time f trentive for a FEMA-accepted debris managerrient p`an and fdentificalian of'3t leor-t wo Pre•t2u21ifiCd contractor m x Reimtrtrsement of siralght time force account iabot costs for.debris removal C0 i_ The paot is voluntary and-the subrecipierf most apply the selected e'lemalive procedures to all of its debris removal subawards. 2. For the sliding scale,the subrecip:ent accepts responsibility for any costs related to debris operations 4) after six months from the date of the incident urdass,based on extenuating circumstances,FEfM CID grants a time t#>aterr:5ion, m 3. The subrecplenl acknowledges that FEMA may fequcst joint quantity evaluations and detail regarding subrecipient operations necessary to assess tho pilot program procedures. 01 4. Alt conlracis must comply with focal,state,and Federal t,equixements for procurernant,including provisions of 2 CFR Ppri M, 5. The subredplent must cornply urith all Federal,state anti(=,%I environmental.and hatoric' preservation laws,regulations,and crdinaroes. ca 6, The Office of inspector Caneral may audit any subreclp5ent andfor subaward, C0 r• C� 03.rttSQ2A1 S Signalure of,Subrecipiettt`s Au:hwiwd Ropreser461,1ve Date lga Seam,Sr_Qireodor Bucket&Finance Printed Fume and Title 0 Monroe Couriv d3 Sub-Recipient Name PA ID Number a We clod to Ang1participate in the Alternative Procedures for Dehf*Remwat, C0 m C/�fl101 O rdge/O VI 77 Packet Pg. 2099 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS - 46 E MUDS SWGRANT AGREEMENT LETTER DATE' E To Address; C0 d3 To FEMA, As a Public Assistance(PA)Sub-Pecipiant (PA IQ 1,in accordance tvWh Section 428 of the Roban T,S`.afford Disaster RgLP and Emergency Assistance Act,we agree to accept a pCrman+5nt work subgrant based an a fsxx d C0 estimate in the amount of S for subgrartt number (copy ltaetted9 under Disaster# ,We OCCCpt 00sponsib0ity for aft coats above the fixed estimate. as We understand that by paniicipating in this pilot program wo will be ro-mbursed for allxvarabie costs in a) accordance with 44 CFR§13,22(b)®'Applicable cost principles',the rebrrbursementwill no;exceed tho fixed estimate.We al„o understand that by agreeing to this fixed estirn".v.will not receive additional fundigg relaled to the facilities or sites included in the subgrant.We also,ackncrrde,age that faRure to Comply w4h the requirements of applicable taws,and rerqufakns goverrning assistance pmvided by FEf.1A and the PA alternative procedures pilot ptogram guidance(such as procurement and coxatr36-11nj; environmental andd,histom preservat on cornpliarce;and audit and financ al accountability)may lead to loss of Federal funding_ C0 Signalure of Sub•Raelpienl's Authorized Representative Date d3 knnted tame and Tile Signature of GmnleCs Aulhoraed Representative Gate C� Rrr+itec9 Name and Title � es C0 t=nn�O� O rdrt! I7 u1 v7 _ Packet Pg. 2100 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 47 Public Assistance Alternative Procedures Pilot Program for Permanent Work AcknoModgement 00 In amordanceYvith the Sandy Reoo'v y Improv6a4nt AM of 2013,lho Fodarat Emergency Management Agency JFFJ.IA)is implementing arlernativp procedures for the Public Assistance(PA)Program through a pilot program_As a representative of the Sub-Recipient,our agency understands the foltO:ufctI 1.We.plan to purtiwipalo in the fa£owing efements_ C0 c Subgrants based on fixed estirmales,and as the Sub-sRedplont,adapt responsibility far casts C3 above the estimate Consolidation of multiple fixed suhgrants into a single subgrant c FEVA validation of Sub-Recppient-provided estimates C0 1 s Biminalian of reduced eligible funding for alternate projucls Use of excess funds � Reviev of estimates by an expert panel for projects with a Federal share of 86 million or greater 2.The pilot is vclvntsry,and a Sub-Reciplonf may par#it:45Lato in altorrWive procedures for one or more rarga project subgrants. 111 the Sub-Redpism accepts a fuced subgrant estimate.the Sub-[Recipient und&stan4s they are responsiblo for all coots greater than the fixed amount A.The Sub-Re-plenl agrees to natify the Grantee regarding the spbcific use of excess funds. §.All contracts must comply wilh local,State.and Federal requirements for praeurement,including provisions of 414 CFR Part 13, �q S.The Qffize of inspector General may audit any Sub-RecW.ent andlor subgrant. 00 7:EHP review must be compreled far all subprants,including cases where new scopes of t-noA would U require EHP compliance,k(efore tale subgrarit scope of,work is imp emented_Failure to comply with this requirement may lead to lass of Federal funding, C� 8_Tito SUB-€taciplerit racy submit appeals in.accordance with 44 CFR§206.208. Hmever,FEMA will not consider appeals solely for additional costs an fixed subgrants. Signature of Sub-Recipient's Authorized Representative Data 0 C� Printed!wane and TMe Sul}-Retzpienl Name PA tD Nwnber C0 0 We Bled to not participate in the Alternative Procedures for Permanent Mork, �nnror r o rage OW Ur » Packet Pg. 2101 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 48 Attachment is a PUBLIC ASSISTANCE;PROGRAM GUIDANCE ca E GRAtr1TEE'SiRECIPlkNKS' WEB-BASED PROJECT MANAraEMANT SMBTEM(FtoredaPA cry Sub-Recipient s must use the Granlee'rdReeipiant's web-based project management system, C0 FloridaPA.org,(available at sm w,FI0TidaPA.org)to access and exchange prajecl information"vAh the State throughout the projects life.This includes processing advances,raimbursernt3nt requests,quarterly reports, final inspection schedules, change requests, time tmtonsions, and other services as identified in the Agreement, Training on this system%WI be supplied by the Recipi"Cnt upon request by the Sub-Recipient. � The Sub-R,eeipient is requirod to have working knovlledge of the FratidVA,org system. C0 f' Cy >zGT DOGIJMENTATft]N The Sub•Recipient must maintain ail source documentation supporting the project coats. To facilitate closeout and audits, the Applieart should file all documentation pertaining to each project with the conresponding PW as the permanent record of the pirijecl, In order to validalo Large Peojeri Recquests !or Raimburse,nent(RFft),all supporting documents should be uptoaded to the FtoridaPA-org vrabsite. Contact iha grant manager with questions about how and where to upload do�.rmiient r,and for assistance urtking common documents that apply to more than one(1)PW. C) The Sub-Recipient must retain sufficient records to show its Compliance"trait►the terms of this Agreement, Including documantation of all program costs, in a form sufficient to determico Compliance with the requirements and objectives urnder this Agfaemotst and Ail other applicable hws and regulations, for a pored of No{5)years from the date of the.Sub4�etipion'vtaccaunt closeout by FEMA. The Frue(5)year period is extended ff any litigation,claim or audit i+3 storied bolero the fora(5)year period expires.and extends beyond the five(5)year period:The records must then be retained until all litigation, Cairns,or audit findings involving tho recc,ds have been resolved. Rerdards for lire disposition of non-ex<oendable personal pmperty valued at S5,000T or move at the limne it is acquired must be retained for We(5)years after final account closaouL 0 Records renting to the acquisition of real propeny must be retained for fire(5)years after final aocount closeout. C� INTERIM INSPECtf"LO Interim lanspertiOAs may be requested by the Sub-Redpient,on both s;nmll and large projects,to; I. conduct i mrance reconciliations; II. reviciw an alternate scope of work;. ii. review an improved scope of work;andfor O C� N. validate scape of work andlor cast, Inlathm Inspections may be scheduled and submitted by the Recipient as a request in FloridaPkorg under tha fo2ming condOlons: os I. a quarterly report has nog been updaic>d 86tvrserr quarters. C0 le. the sub-R*:c plant Is not submitG.Mg Requests for Reimbursement (RF>R's) in a timely manner, r=nicer r rdge of ur vv Packet Pg. 2102 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS iii, re;uevts for a Time Extension have been made that exceed the Grarntee'st Recipient's au'ht:fly to apprnve,andlor iv. l ore,are issues or concerns identified by tha_ Recipient that may imp,ct funding under this a9moment PROJECT RECONULIA 10N AND CLOSEOUT The purpose of closeout is for 0to Sub-Recipient w certify that a_n wcrx has been competed.To ensur,:p barely closeout process,the Sub-R."ipient should nc;i`y the Recipient within sixty(60)days c4 Protect d3 completion. The Sub-Recipient shoult indude,the following infevmal;on watts as closeout request: • Certi`ication tha,prcjecl is complot&; Dale of projr.y cfimpfelian;and • Copies of any Recipient time extensions. C0 T_ Large Projects lit With exception of Fixed Cast Esthnote Subawards,Alternate Projects and Improved Projects where anal casts exceM FE1MA's original approvata the final eligible amount for a large Project is the actual documented cost of the completed,a rgible,SOW,Therefore,upon comptelfon of each Largo Prcje:.t that 4) FEMA obrfgaled based on an astirrated amount;the$4 -Recipient should provide the documentation to support the actual cents,I f thc-actual costs si nif]=-nity differ from the estimated amount,,he Sub- Recipient should provide an explortation for the significant difference, FEMA reviewt,the documentation and,if necessary.obligates additional funds i o roduces funding based on actual costs to complete the eligible$0VV- If the project Included approved hwafd miti'gatfon measures,FEMA does not rc-evaluate the cost-effectNvness of the HL1513 based on the final actual cost.if during the review,FEMA determines that ll^-_Sub-Recipient perforrttcd worn that was not Includel in the approved SOW,FEMA will designate the project as an Improved PrKr,''ict,cap the funding at the original estimated amount,and raview the additional SGIN for EHP c=I)lirrnce_ For Fixed cost Estimate Subawards,the Appflcant must provide documentation to Supped that it used the funds in accordance with the ef4blity criteria descQed in the PAPPG Charter 2MI.G ar;d rjuidance 0 prarc ed at ri'1r7.�+'Y;.v,I<<n ar R v afjarr atr4 pru f=.+ureLi. d3 Once FEhIIA completes the necessary review and funding adjtrslmeits.FEMA eases the protect. Small Projects Once FEMA obligates a Small Project,FEMA dorm not adjust the approved mmount of ern individual Small j Project.This apple,_,even when FEMA obligates the PW bated on an estimate and actual costs for completing the eNgibte SOW differ from the estimated antC"Jnt.FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: O • The Sub-Recipient did Pat conipVo the apTarevecr 3O','tit; 9 • The Sub-Recipient requests additional funds related to an eligible change in SOYJ; ■ The PW contains inaavertem'errars or omissions.or � • Actual lhsurers o pre_eeds differ from the amount deducted in the PW, cs In these cases.FEN AA only 3djusts the specirrc wat items affected. C0 If norte of the above applies,the Sub-Recipient may request addraicnal funding if Llne total actual cos,of aA of its Srnall Projects combined exceeds the total amount ubliflated fur all of is Small Projects.fir this case,thie Sub.Recipec:nt must request the addilional funding through the appeal pmcess,de3Cribod in the C/�rll�l 1 rdgt_OL UI 77 Packet Pg. 2103 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS SU PAPPG Chapter 3:1V.D,within sixty(e30)nays of completion of its Is&t$mall Ptc;,ect,FFMA refers to this as a net small prc+ect overrun sppeal.The appear must include actual cosl documEnt:trlion for all small Projects that PE PAA originally funded based on estil=to amounts. Ta ensure tfrat all work fu3s tl4ert parlorrmsd vtithirr the scope Ql work specified on the Project Worksheets.the Re_i�pient will conduct final inspediars on Large Projects,and may,at its sale discretion, se,'Wono or more Small Projects to be ortivpe'1cd,Costs determined to be outs-ide of the,approved scope of work andtor cutslde of the approved perform' period cannot be reimbursed, T11olE EXTENSIONS CO C� FEMIA only provides PA fund n.g for steak mrriploted and costs incurred vil hin regulatory deadlines.The dezidlint;for Emergency Work Is 6 months from the declaration date.The deadline rot Permanent Work is � 18 moriths from the der;tarsticr;date. CO Type of Work Months Emergency Work 6 Permanent Work 18 If the Applicant determines L,rieeds addilional tirra fo complete the pro eat,includ:r,q direct administrative tasks reiaiCd to the project,it must subnM a+vattan request for a tkne extension its the Recipie,•nt with the folloona informwiar • Documentation Slubstantioting delays beyond its cc, ol. • A detaRmod justiticafion far the delay, • Status of the work:and • The prc cot braaeline with the projected Completion date The State(FDEM)has the avWority to grant limited time extensions based on oxtenuating circumstances �q or unusual project requirements bay and the control of the Sub-Re::ipient. It rr"extend Emergency Work projects by 6 months and Pertmane,tt Work profe,ts by 30 months FEMA h;35 authority to extend indivduar pro K1 de Idlirtes boo and these timefratmes if extenuating CO circumstances uslily raddiional t-ne.Thi,apAlie to all prefer s Nvrh the exception of those funded under C) the PAAP Accelerated Debrs Removal procedure and prciects for temporary facilities. d3 With excepton of debris removal operalion.s funded under 1h e Accelerotod Dabris Removal Procedure or the Akornalkkle Procedures Pilot Prog ma,FEM A,ge.orally oors5'ers the roltamng to be extenuating circumstances beyond the Applicant's comrof: • Permitting or EHP compliance related delays due to athar agencies involved • Environmv_a:ial I mitaiicns(such a3 short construction wtindov4 • Inc`ennent weather(site access prok ibited or adverse bnpact on construction) 0 FEhlA generally considers the f-ollmvitlrg to be circumstances wi :r the cont r it .1111h P A IiCa nl and not au"�I :iS la for a_time extension: � ■ Permitting or environmental delays due to Applicant de-1.1ys In requesting permits • Lack of run&%g • Change in admirkl.tration or Cast accounting Sygt+3f11 to • Compilation of cost dom-umenlalion Allhou h FEMA only provides PA funding for Vicrk e}formed on or before the 9 Y P 9 p• approved deadline,t1.0 Appl caul must still complete the approved SiOIN for funding to be eligible.FEFJA dectligate4 fvndittg foj airy prc;ect that the Applicant does not complete. If the Applicant Competes a portion of the approved � �nnror i o rdge 03 ur » Packet Pg. 2104 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 51 �t E SOW and the completed work is distinct from 1F.e uncompleted work,FEMA only deobligales fvndtrsg for the uncompleted"irk.For examp%,V One firojeet Includes funds for three facilities and the App?i=nt restores only two of the three fac Rtfes.FEf lA only deobligates the amount retaled to the fadilly that the Applicant did not restore. Requosl should be submitted prior to current approved deadline,be specific to one project,and latitude the foltcvAng Informationvsah supporting documentatiorr. • Dates and provisions of ail previous iime extensions • Consiruclion timeline I projew schedtrte in support of requested time co • Basis for time extension requosi C3 c Delay in obtaining permits • Perm ping agencies involved and appkalion dates o Environmental delays or ftitptions(e.g„short constriction window,nesting seasons) • Dates of cearespondence with various agencies • Specific details • fn0emoni weather(prolonged severe weather conditions prohibited access to the area,or C0 advoisely impacted donsln dean) r, $ cific delays • Other reason for delay ds e Specifuc details 4) Submission of a request does w automatically_grant an extension to the podod of performance Vtr hpul an approved lime extension from the State of FEMA(as applicable),arty expensess,incurred outside the P.O,p.are ineligible. INSURANCE The Sub-Recipient understands and agrees that disaster fundirug for fnsufab'o facilities provided by FEOAA is inte:ded to supplement,not replace,financial assistance from insurance covcragQ andfor other sources. Actual or ankipated insurance proeft-ils Must be dodurded from all applicable FEMA Public Assistance grants In order to avoid a duplicatian of taeriOW.Tho Sub-Recipient further understands and agrees that If Public Assistance funding is ob;igeted for work that Is subsequently determined to be covered by insurance and/0 cther sources of funding,FEAIs0.must deobkgate The funds per Stafford AV.Sections 101(b1(4)and 312(c). U As a condition of funding under this Agmemeatt, pursuant to 4. C.F.R. §J 206,252.253, for damaged facia lies,the Sub-Recipient understands it must,and it agrees to,maintain such types of insurance as are C� reasonable and necessary 10 protect against future less for taro anticipated life of the restorative work at the insured facility, whichever Is Messer. Except that the Aetooienl aiAnowtedges FERIA does nol requite tr*urance to be obtained and maintained far prcmctS where the total olkJibfa damage is less than$5,000Q. In addition to the preceding requirements, the Sub-Recipient under-stands it is requifed to obtain and maintain Insurance on certain permanent work projects in order to be eligible fof Pe blfc Assistance funding in future disasless,pursuant to§311 of the Sta(fard Act As sl41edd in the Stafford Act,"Such coverage must at a minimum by in the amount of the eligible proJect casts,' Further, (hq Stafford Act, requires a Suer C3 Recipient to purchase and maihWn btsurrance,tivhere prat Irsslrr-OnCe is'reasonably available,adequate or necessary to r protect against future loss' to an insurable facility as.a condition fix receiving disaster asr;tslance funding.The Public Assistance Program and Policy Guide further states'tf 1ha Applicant does not comply with Vie requirement to obtain and maintain insurance,FEW vrill deny or decbligate PA funds 4) from the current disaster.' 1f the State fnsura:cet Commissioner certifies that the type and extent of C0 insurance is not'reasonably avagable,adequate or netesvary to prcgect against future loss'to an imurablo facility,the Regional AdministrWor may madly or waive the rcqulrement Inconformity with the certifiwt;4n, as Ilia 3uh-Recipient understands aM agrees it is responsible far beirig avra(a of,Intl complying with,all insurance considerations contained in the Slufford Act and in 44 C.F.R.§§2C5.252-M. � r=nrrro�i o rdgc o•r ur » Packet Pg. 2105 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS ;2 E The 84-recipient agrees w noWy the Rvvpicunt in vriting within thirty(30)days of the date it be owes Wa are of any insurance coverage for the damage ideattifred cit tho applicable Project Worksheets and of any enlittement to compensation or indemnifical!on from Steen insurance,The Sub-recipient further agrees .0 provido all pertinent Insurance information,including bul not limited to coM�s cf oil policies,0. laraticsss pages, in3uriag ngroamonts,conditions,and exclusions,Statement of Loss,and Statement of Value's for each ensured 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 potentia!coverage avaifa-bie, 0 d3 tl7tl E.ICATIQN OF Dt;NERTS The Sub-Recipient understands it nway not recome fundiexj uatdor this Agreement to pay for damage Coveced � by rnsurance.-or may the Sub-Recipient receive orgy tithes'dupiica6e benefits from any source whatsoever. The Sufis-Recipient agrees to rcimbuase the Recipient if it receives any duplicate benefits,from any source, for any damag a�entified on thre applicable3 Pfojer<t Worksheets,for which the Sub-Rec�pienl has receivaed C0 payment ffom She Recipient, The Sul:�Rcttpianl a.,rae-.to notify the Recipient in writing%villin thirty(30)days of toe dale it becomes 4s 0WOre of tho possrb a aviMabif;ty of.app.ias for,or receives funds,regardless of 1he sourer:,which could reasonably be considered as duplrale ber-efits- tn the event the Recipient delerm nes the Sub-RecIpieni has re<eivaO duplicato benefits,the Sub-Recipient gives this Grantee(Recipient an&or the Chief Financial Officer of the State of Florida,Ow elxprerm authority to Offset the amount of any such duplicate benefits by withholding them from any clher funds c4hervrise due and plyabfe to Me Sub-Rocipi-LN.and to use.:such remedies as may be available administrativet ,vet Idvv, a 3 or at equity,to recover such benefits. COMPLIANCE WITH DLANNiNGfPERIVIRTiNG REGULATIONS AND LAWS The Sub-Recipient is fesporssi:le ror the irttfatementailon and complelion of the approved projects described �9 in the Project Worksheets in a manner acceptabte to RecipicAl,and in accordance:vith applicable Local, State,and Federal legal requirements. I:applie t31e, the conlaact documar:is for any project undertaken by the Sub-granteetSub-RecsTlent, anal any lanai use perrrtelted day or engacJed tar by the Sub-gtanteerSub-Recipient,must be consisteri v:1h the 0 beat government conipmhensive pran. TN Such-Recipienl must ensure that any deve.apment or development arder camp"-:as w4h all applicable 0 planning,permitLing_and building requirements "-Iuding, but not limited to, the National Enviforimental Polity Act and the Nitionai historic Preservation Act The Sub-Recipient must engage such competent, properly 'tensed, encgineering, environmental, � archeological, building, and otter techncal and professional assistance:at art prCCct sites as may be recsdod to onsuro that the project complies with the contract documents. O C� FUgg]NG E013 LARGE PROJECTS � A.11hough Large profit- payment must bo based oce documonted actual costs, most Large Protects are initial)y"PP a raved Lased on eslimWe:9 costs,Funds are made available to the Sub-Recpient when work is in progress and Funds have been expended with dccursiantaton of cc^.,ts ayaiMialo. Veihdn all .turf; C0 associated with the protect is comp?ele, the State Vail pedcum a reconcilral-on of ;Aual costs and :vac transmit 1hO frfloarnatian to FEMA for its consideration fcr final funding adjustments(Sea Cicseorsts). The submission from The Suh-Rumipiont"uost`ng Ibis feimbuxsement must include: a) a Request far Reimbursement(available In FlordaPA.erg); r=inlet r o rage 0:1 ui » Packet Pg. 2106 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS s� E ter) a Summery of Doeumentatior. (SOD) Which is tilled Rei'im.bursement Detail Report in FlarkfaPA.org and is autorw)Vcally created when the Request for Rtirrlbursement is subm-lted (and is supported by coples of original documents such as, but not rimited to, contrad documents,insurance policies,payroll rec+uds,daly vrark logs,Invoices,purchase orders,and. change orders};and c) 140 FOEM Cost Claim Summary Workbook(found in the Forms section of FlcddBPA.crg),along w4h colNes of c.*jginal documents such as contract documents, Invoices, change orders, ea"clod checks(or other proof of exponditute),purchase orders,etc. CO C� ADVANCES Payments under the Public Assistance Alttlr4ative Procedures Progrorn(PAAP)are pa6d as an Advance � Payment, Notwithdanding Paragraph %Funding, in the Agreement.these payments are not bound by Sectlan 216,181(16),Florida Statutes, CO 1- For a Federally funded contract,any advarx,e payment Is also subject to.2 C.F.R.,Federal ONIS Circulars A•87,A-110,A-122,and the C3sti Mi3nargernant Improvement Act of 19SO, 2. All advances must be herd in an Inlecimt-bearing account with the ft.1atest being remittent to the Recipient as often as praclicab)a,but not later than ten(10)business:days after the closeof each c0endar quartos, 3, in order to.prepare a Request for Advance(RFA)the Sub-Recipient must cerErfy to the Recipi"t that it has procedures in place to ensure that fcandS are disbursed to project venders,tontrac'ors,and subcontractors without unnecessary delay.The Sub-Recipient must prepare and submit a budget that �? calfairrs a timeline projecting future payment srk edu!es through prcjed compretfon, A_ A separates RFA must be completed for each Protect Worksheet to be Included in the Advance Funding Payment. 5, The Sub-Recipient must tsomprete a Request for Reirs;bursOment(RFR)via t=lor.•dapA,or9 no ma=e than ninety(90)days after receiving its Advance Payrncnt for a specific.project,The RFR must accarunt for all expenditures Incurred whiles performing e.59iWe work dcetrtnentsd in the applicable Project Worksheet for which the Advance was received, a, It a reimbursement has beenCO ptld Aria to the svfimigat of aa.req eat tot an advance payment,09 CO Advance cannot be accepted for processing. 7. The Recipient may advasice funds to the Sub-fiecipiertt,not exceeeiing the Federal share;only if the Sub-Recipient meets the following conditions; a) the Sub-Recipient Must certify to the Recipient that Suh-ReiclpioAt has procedures in place to � ensure that funds are disbursed to project vandots, contractors° andsubcontractors withow unnecessary delay; d b) the Sub-Recipient must submit to the Recipient lire budpt supporting the request, C� ta. The Subs-Recipient must submit,a statement justifying the advance and the proposed use of the � funds,wMch a►so spQ�res the amount of funds requested arsd certifies that The advanced funds will be expended no more than nb%ety(90)days after receipt of IN Advance;. � 9. The Recipient may.In its sole disbratlon,withhold a portion of the Fede al and/or nonfederal share CO of funding under this Agreement from Zito Sub-recipient if the ReWient reasonabty expects that the Su6- Recipient cannot'meet tare protected budgeted timeline or that there may be a subsequcrsl determination 4) by FEMA that a previous disbursement of funds under this or any other Agreemaat vnyh the Sub Recipient was improper, r=nr�roi i o rdge ao ui va Packet Pg. 2107 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS �a E DESIGNATION OF AGENT The Sub-Recip&--M must comp'ele Attachment 0 by designalhtg at least three agents to execute any Requests for Advance or F2@intt+uryemoni.certifzations,or other necessary documenlatlon ran beha'f of the Sub•Reciplent. After execution of this Agreement,the authorized,primary,and secondary Agent may tiquest ctaanges to contaCs via emali to the Stale assigned team_ CO In the ovenl the Sub-Recipient Contacts have not been v ated re Ulo pd g rtlf and all three{3)Agents havu separated from the SuV-R€:cipient's agency, a designation of authority form %YJ be needed to change ecnlacts. NO : This is very dmpor7onl bccausa if contacts are not updated, notlfTcatiorts mavo from FlorldapA.orgr nrtay riot be received and could resaett in failure to tweet rime poriors to appeal a Fodoml d'etanTrinadorr- CO DUNS Q&A What is a DUNS number? The Fiala Universal Numbering System(DUNS)nurnr)er 4 a unique nine-digit Edentife Lion number 4) provided by Dun&Bradstreet(D&8).The DUNS Number Is Site specific.Therefore,each distinct phyzza! Iocaliort of an entity such as branches,divisions and headquarters.may be assigned a DUNS number. Who needs tt DUNS number? Any Insiltutlon triat war°ls to submit.a grant apr7licatiorr to the Federal government.Individual researchers do not need a DUNS nurttb4r if they are submitting their applfcaticn through a research ergxnizalion. Flow do I get a DUNS number? Oun t&Bmdslreet have designaled.a special phone numberfor Federal grant and cooperative agreement apply ntslptospectivo applicants.. Call the number below between 8 a.m-and 5 p.m.,local time in the 4a 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, 1-866-705-6711 CO What do t need before t request a DUNS number? 601 ro you call D&B,you%01 need the follve&g pieces of irtiorrr.3ti,on: • Eegal Natrle C) • Hoadquarters name and acM ess for your organization • Doing business as(dba)o:other nerrle by NOich your organization is commonly t cognized • Physical address • Mailing address(if separate from headquarters ancLror physical address) + Tolepl-,one number • Contact mur,a and title • Number of employees al your physical locatfcn How much does a DUNS number cost? � There is no charge to oblair,a DUNS number, Why does my Enst[tudon neod a DUNS number? CO New regulations taking affect Oct 1,2003 mandate inat a OURS number be provAed on all Federal grant grid cooperative agreement lapprications.The DUNS numbiwr wilt Offer a Way for the Federal egovemment. 4) to belier match information across ail egamies. r=nnror i o rage or ur » Packet Pg. 2108 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS �s Now do 1 see if my institution already has a DUNS number? CZI the toll free number above and Indicate that year Zia a Fedora]grant and/or cooperative agreement appliC041.D&S will fell you if your organization already nos a number assigned_if not they will ask if you wish to obtain one, Should we use the+4 extension to the DUNS number? Although D&B provides the abildty to trse a 4•619it e3xterysian to the DUNS number,neither 0�6 tier the Federal government assign any imporance to theexionsron,Benefits,if any,derived from the extension Will be at yo^ar inst ution only. C� Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is eaiW a parent DUNS number to aggregate inforan;jion Soo thrr system as a wh&e.The main campers will need to be assigned a DUNS number,Then each satbtlita � cm,npus wiM rsead to reference the main Campus DUNS number as their parent DUNS when cbia:riin4 their own DUNS number. For NIH grantees;if each campus.gubmits grant applications as a unique grantee organization,then each campus.needs to obtain their own DUNS number. C0 Does the DUNS number need to be Included an individual rellowship applications? Yes with tine exception. It is the DUNS number of tha sponsarirg insttulion lhat shout¢be put on the ) a0plicatior.. Ind'rriduai Kirsclistem,IVRSA fellowships if?at propose training at Federal laboratories do not fequlre a OUNS number.. 4) Mal does the DUNS numbor have to do with the Central Contractor Re+pisfey(CCR),soon to be the Business Partner Network($PN)? C� Registration in the CCR is mandatory for anyone,"hiowg to submit a grant application eGcetroniCaQy through Grants.gov.Your organizations will need a DUNS,nwnber in order to register In The CCR,The CCR is the central registry for organizations that have received Federal contracts.it your organzation has received federai contacts,it is already registered In the CCR,but this is a goof opportunity la,verify that yrrurorganization inforrnation is up to date_For more information about the CCR,pteose visit the CCR web see at-vmw.ccrgrsv. �q What should we do if our institution has more than i DUNS number? ca Your institution v6,111 need To decide%vhich DUNS number to use for grant application purposes and use only Thai number, C0 C� Sloes this apply to non.U$.organizations? Yes.iris my requirement spoes to air ty)z<es of.grantee organizations including foreign,non-profit,far profsl as well as for state and Federal government agenetes. Does this apply to non-conpotfng progress reports? � No. This new requirement applies only to compeling applications. Are there any exceptions to-the now DUNS number rules? Individuals who would personally roccive a rant or p Y $ cooFeratia°eagreement a°crard front the Federal g0verr-anent apart from any business or 00n-profit organization they may operate are exempt from this requirement. Also individual Krsehstefo-NRSA feilmrships that propose Graining al Federa;labofmoles ao not require a DUNS number. Who at my institution is rosponsible forrecluesting a DUNS number? r0 This will vary from institution to inslitution.This should.be done by someone kir,awlodgeable about the entire structure of your instituLion and who has the authority to n'sake Brach O'ceisions.T}picaliy this � request=Uld come from Me firaancoYaccounting department or some other cteparlmeat heat conducts business,.Wh a large cross section of The institution. Packet Pg. 2109 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 55 We are an otgaai2ation new to Fedetat grant funding so we ofrviousiy:teed a GUNS num leer. But we don't wan!to be included FA any marketing list. YVhaf pia we dal ca Inclusion on a D&B ma.rkelin is optional. If g list op you do not want yort:narttalargarization included on this °® marketing list,request to be de-listed from D&B's markeEng fe'.e when you are speaRM9 with a D&S represeni3live during your DUNS number telephone appikation. Who do we contact if We have questions? CO It you have questions about appa Ling for a DUNS numhet,contact the Dun&Bradstreet special plane C3 number 1.855-706-5771. If you have questions concemincg this new Federal-wide requirement,contact Sandra Swab.Office of Federal Financial Management,M-HS-3993 or via e-mail at aswa 'rltvst$�at�..4!:-n`• � $4b4cti2ute Form W-S O For the rvrpaso of this Agreemem,a Sub-Recipient is also a Vendor, The Slate of Florida requires vendors-doing business with the State to submit a Substitute Form W-9.The � purpose of a.Form W-9 Is to provide a Federal Taxpayer identification hlumbeT(TIN);oftierai grit-ty name, a business desEgnallo i(Sole propttstoiship,corporation,partnership,e,c.),and Other taxpayar information to the State.Submis%ion of a Farm rJ-9 ensures that tie Sttt,;e's vendor mrords and Form 1099 reporting � are accurate.Due to specific State of Florida requiremeals,the State will not accept the tngernat Revenue Selvrca Form 111-9. Effective March 5.2012,State of Florlda agencies will not be permitted to Place otdors for goods and 0 aerwtes or snake payments to any vendor that doas not have a verified Substitute W-9 an file nith the fDepartmem of Financial Services.Vendors are regOed to register and submit a Form W-9 on the State'sVendorWebsiterathtt ;flr3r hdCr,myfonda io.tsom. CO U C� 0 C� CO as C/�r11O1 I rdgt!07 UI 77 Packet Pg. 2110 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS E Attachmont H a FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) INSTRUCTION$AND WORKSHEET PURPOSE:the Federal Funding A.ccouniability and Transparency Act(FFATA)was sPgned on Soptember 26,2006.The intent of this legislation is to er'npgAmr every Arnerimn with the ability to h Yd the g rnment acraur a!;a for each rending decision:The FFATA legislation requires inf vmalion on co Federal awards(Federal assistance and expond€tures)be made available to the public via a sing!a, se3nchab%ws:bsfte,which is tut :Jti:u ;avJ. The FFATA Sub-award Reporting Sysloi%(FSRS)is the repart#ng tool the latorida Division of Emergency 4) Management(-FDEM-or-divislon-y crust use to capture and report sub-award and executive 0ompersation data regarding first-tier sub-awards that ab;igate S25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2)ethe American Recovery and Reinvestment Act of 2009,Pub.L 111-5). Note:This'Instructions and Worksheet"is ntoaai to explain the requirements of the FFATA and gave clarity to the FFATA Form distnbuted to strb-avra.=does for campletiam All pe6nent Infcra»ation beta.v should be filled out,3tried,and returned to the project rnanaget_ ORGANIZATION AND PROJECT INFORMATION Tho following information mu;.t late provided to the FDEM prior to the FDEM's issuance of a sub. award(Agreement)that obligates$25AN or more In Federal funds as described above.Please provide teen fOliovAnd Information and roturn the signed form to the Division as requested. PROJECT#: hdlA�Do not Complete FUNDING AGSHCY: Federal Emergency f fanpgerneaat Acrency_ AWARD AMOUNT: S Fedc,-rat share a-mount onto f0 C3 4BLiGATtOhf1ACTION HATE: dale of Fiorda SUBAWA.RD DATE(#f applicable): d3 DUNS# DUNS#+4: O C3 'if your curmpany or orgar&ation does not have a DUNS number,you will need to obtain ono,from Dun& � Bradstreet st-856 705-5r11 or use the web form(http;ttfedgay.d�.co:n:+wabloam),The process to � request_a DUNS number takes about ten minutes and Is free of chargd. as BUSINESS tU,rah1E: (C WA NAME(IF APPLfCABLE): PRINCIPAL PLACE OF SUSIKE5S ADDRESS: ADDRESS LIME 1: �nrnot t o rdge Uu ut » Packet Pg. 2111 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 58. ADDRESS LINE 2; ADDRESS LINE 3: ca CITY 57ATE 29P CODE+4" PARENT COMPANY DUNSrl(d applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDAn); CO DESCRIPTION OF PROJECT(Up to 4000 Characters) d3 Complete eligible Pro!,Ws for repair or replacement of Disaster d*jr:.t'rged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PEACE OF CO l3USiNESS1. ADDRESS LINE 1. ADDRESS LINE 2rr _ ADDRESS LINE$; CITY STATE ZIP CGDE W* CONGRESSIf3�+AL I) LCY FOR PRINCIPAL PLACE ge PR IFCT PERFORiNIMNCE- —Providing.the Ziyv4 ensures that the correcll Congr+assional Dislr4l;is reported. EXECUTIVE CQk PEN5ATION INFORMATIONt cm 1. 1.In your btmbwm or organtialion's previous Fiseal yegf,did your business or organization (including parent organization.all branches,and all aftiGaIef worfdv-Ae)receive(a)80 percem or mofe of your annual press revenues frcrn Federal procurement contracts(and subcontracts)and Federal financial assistance,(e,g,loans,grants..subgrarits,andlor cooWative agreements,etc.) subject to the Transparency Act,as defined at 2 CFR 110,320:,(b}S25.000,000 or more in annual gross revenues from U.S.Federal proeuremont eonlracts(and subca ntracls)and Federal financial CO assstance(e.g.bans,grants,subgrants.a?ad,'or coopetative agreements,etc_)subject to Me C� Transparency Act? Yes l-3 No Cl q3 N fire dnswa:.+r to Quesdon 1 is"Yes,"cantinue to.Question 2.tf the answer to Que;ztfori 7 is"No", move to the signature block below fo complete the cortiiacadan and submittal proeoss. 2. Does the public have access to irifdmtadon aborll the earnpensatian of the executives In your business or organization(including parent organization,all branches,and all affirmates 4vart xi9e) IN periodic reports filed under Mact.on 13(a)or 15(d)of the Secur''ues Exchange Act of 1934 O (15 U.S-C.78rn(a),7Ud))Saction 6104 of the Internal Revenue Code of 1 SW? Yes❑ No If the answer to Question 2 is"Yes,"move to the signature block below to complete the certification and submittal rocass. g, 4) p emote;Securities Ea chap a CoMMISslon information should CO be acoessibfe at htt,p Avwwr.sec.gavTanswerslexeeomp.him.Requests for internal Revenue Service, (IRS)information should be directed to ttee local IRS far further assistance.) If the answer to Question 2 is"No"FFATA reporting is required.Provide.the tnfarrttation required in the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" e' Cnnror 1 O rdgC 71 Ur 77 Packet Pg. 2112 MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 59 E appearing below to report the"Total Compensation"for the five(5)most h►ghly compensated "Executives",In rank order,in your organization,For Purposes of this request,the following terms apply as defined In 2 CPR Ch.ti Part 170 Appendix A; ca 'Ex ul9yCt'is defined as'officers,Managing partners,or other employees In maragorncnt positions'. "Total C my_ is defined as the c�,Rto and noncash dollarvalue earned by the execulitc during the most:recent y completed fiscal year and inctvdes the folror vr',ng: I. Salary and bonus, co C� ii. AwaWs.of stock,stock options,and sto",.it appreciation rights_Use the dollar amount recognised for financial statement-reporting purposes with respect to the fiscal year in accordance frith the Staltiment of Financial Accounting Standards No.123(Revised 2004) � (FAS 123ft Sheared Sawd Payments, ill. Earnings foT services under non-equity U=ntive plans.This does not Include croup fife, 4) health,hospitalization or medtcat reimlm r5,1-Ment plans that do not discrimenn6e in favor of C0 exeeutWes,and are available generally Io ad salaried empayees. iv, ChAnge in pension value.This is tho change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred comport ation which is nit taK aluaLfret!_ vi_ Other compensation,if tho-aggi(agate value of ell such other eomporsaBon(e.g.severance, 4) terminalfon payments,value of life insurance paid an behalf of the employee,perquisites or property)for the executive exceeds S10,000. C� TOTAL COMPENSATION CHART-FOR MOST RECEfYWLY COMPLETED FISCAL YEAR (gate of Fiscal Year Completion I Rank Total Compensatton (Highest io Name [or Most Recently I.GYJCS', (Last,FIf9t,Qkf Titre Cores leted Fiscal Year 1 2 co I THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW.THE INFORMATION PROVIDED HEREIN fS ACCURATE. O U SIGNATURE: � as NAME AND TITLE: C0 DATE; �nnioi i o rage 74 Ui » Packet Pg. 2113 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS E Attach merit t Mandatory Contract ProvLslons F3Covisions: E Any contract or su&-ontract funded by this Agreamenl mull contain the applicable provisions 4ul`nuld in Appendix 11 to 2 CFR Part 200. 9t is Me responsUily of 1h 4 sub-fecipfent Co include the required provisions. 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IY4.L.y.Td..a rJ nnF.arr lrila.11ez i( W{:llr]LY ra.,+wtr{i5e)ac rztf.:�rr pxAr.W.Fzdril(raJcltsi:r.•t.y1aN ce5r�: J,y{rfA•!.T•d!t ![tti-farl lcla .LttF:4't'f•i:Y+[u4},Cv.pr-3klore,e.Rr JfEY' ®q af(Yn,tbi r(ti-r117 b})•'Nr al.2r'9„•!+1 r N.mLiB•a}t•wi+ J�tru;ur,!za01 rti'•'�r 4� +•nk.AJr.ica twr fE•efE rt.Irrl+r•]e.'. .kaJ•6,,Jtr•a.+•T•a16+ntV+.erv..iwl a4W C0 C/LI-11O1 I O Ydgt!70 VI 77 Packet Pg. 2117 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 64 Attachment.! DHS OIG AUDIT ISSUES and ACKNOWEDGEIAENT Tho Department of Homeland Securfty (OHS) Office of lospector Gortorni [=J was tasked by Con9ross to audit all FEFAA projects for fiscal year 2014. A synopsis of those findings are listed below: There:have been 32 sapafalc=11nces where Grame,es.rf"iecipients or Sub-Recipients did not folliva the prescribed rules to the pCii;l that the 01G boliovud tha belava fisted violations could have nullified the C0 FEMNState agreement. t3 1, Won CompeRive contracting practices, 2. Fallufe to inclu(la required contract provisions_ � 3. Failure to employ the regvired procedures to ensure tgtat sittall,mine:-ly,and ti^omer3's owned firms ware all gve•n fair eurrs'ideration, 4, Improper"cost-plus-a-percentage-of-cost"caalracling practices, The following I nformatlon eOnters diroctly from DHS's 0143 Audit Tips for Managing Disaster Related Project Costs;Report Number 41G-16m109-l3 da.tod July 1,2416.The following may be reasons for 4) the disallowance or total de-obllgation of funding givero under the F15MAi'Stato agreoment; 1. Use,of improper contracting practices t3 2, Uiisvpported cast:,. 3. Poor project acmmling. 4. Duplication of benefits, �t 5. Excessive oquripmcnt sbarges(applivab'dity may vary with narard mitigalion projects). B, Excessive labor and fringe herte;fit charges. C0 7. Unrelated project cost,. C� 8. Direct Administralive Costs. C� 9. Failure to meat the requirement to obtain and maintain insurance Key Points thar must be followed whom Admlutl toying FEMA Grants: � • Designate ona parson to coordinate the accumulation of recards. C� • Establish a separate and distinct a.count for recording rovenue and expenditures.and a separate iderdifier fcr eta h spssc is FEMA project_ as • Ensure that the final claim for e4wh project is svppered by amounts recorded in the accounting system. C0 • Ensure that each expenditure iti recoreed in the.accounting books axed references supporting sources of documentation(checks,Inve.cs,etc.)that can be re edify roUisvcd. �nnioi r o rdge Vi Ui » Packet Pg. 2118 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS Gi E • Research insurance covera.3e and seed reinibumement for the maxiniwn amount. Credit Ilse appropriate FENIA project with that amount. • Check with yycur Federal Grant Program Cgwdlnator about availability of fuming under other Federal programs(Federal Highways,Housing and Urban Devetopmeni.etc,)and ensure that the fugal project eLalm(foes not la dude cats ti)0t another Federal agency runded w acufd have funded. • Ensure that materials taken from axislirg inventories for use on FEMA projects are documented by inventory Mhdrawal and usage records. C0 C) • Ensure that expenditures claimed under the FEN' project are reasonable, necessary, dtrecily Deneffit the project,and are authorized under Ilse Scope of Work.' &acknowledge that i have received a copy or,and have been briefed on,the of ove DHS 01G Audit Issdet. C0 M nr � afi p'�.r�S�Zd�g Sub•Recipieal Agency sate �- &gnatuire cs �t Tina Swn,St.0-i (emu e Prue;ed game A Ttie tit C0 C) C) 0 C) C0 �nrnoi i o rdge�o ui » Packet Pg. 2119 D.6.b MONROE COUNTY SHERIFF'S HEADQUARERS BUILDING IRMA REPAIRS 66 E Attachment K JUSTIFICATION FOR ADVANCE PAYMENT ca RECIPIENT: If you are requesting an advance,indicate same by checking the box below. [ 1 ADVANCE REQUESTED CO Advance payment of S is C� requested. Balance of payments vJ11 be made an a reunbursement basis. These funds are needed to pay pending obligations for erglble viork. WVe vvould not be able to operata the pragtam Mthout this advanca. CO If you are requesting an advance,complete the f&ID%-Ang chart and l ne item jus4ification below- SUDGET CATEGORYILINE ITEMS 20,_-20^Anticipated Expenditures for First Throe,Mariths (list app€icaWe tine items) of Agreement Example:PVNW001(47) Contract Work S1,900.00.0(provide detailed justification). CO TOTAL.EXPENSES C� LINE ITEM JUSTIFICATION (Far each fine Item,provide a detailed justifiaalion eWaining the need for• the cash advance_ The jvslir cation must indude supporting documentation that clearly sb mvs the advance will bu axpondod within the first ainety,(90)days of tale contract term.Support r xumontalaon should Include quote;,for purchases,delivery timeines,salary and expense projections,etc.to provide itto Division reasortabte and necessary support that the advance will be expended within the first nirtj ty(so) days of the contract term,Any advance funds not experded within the fifgt ninety(90)days df the conlydct term must be returned to the Division Cashier,25S5 Shuntard Oak Boulevwd,Tallahassee,Florida 32399. within thirty(30)days of receipt,along vailh any intereV earned an.theadvanrej. 0 CO �nnror i o rdge vV ur w Packet Pg. 2120 D.6.b MCSO Headquarters Irma Repairs E r22 a .Minority_OwnedB.usiness_Declaration Sea Tech of the Florida Keys Ind{a sub-contractor engaged by Monroe County during the completion co C) of work associated with the below indicated project (Check one) 4) __is a minority business enterprise,as defined in Section 288.703,Florida Statutes or co _XX is not a minority business enterprise,as defined in Section 288.703,Florida Statutes. F.S. 288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see c) below)which is organized to engage in commercial transactions, which is domiciled in Florida,and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and 01 whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate familygroup"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. CO F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S.288.703 for more infonnation. Co for Sub-Recipient; Monroe County 0 Signature Signature co Print Name:—Robin Szmansk Printed Name:_ Title:.Presirient Title/OMB Department: Verified via: .tattps://bsd.dms.mytlor-ida.com/directories Address:.-131 Palomino Horse Tra1L DEM_Contract:. Z0002 City/State/Zip Beg Pine Key, FL 33043 Packet Pg. 2121 D.6.b SEATE-1 OP On C ACO/2O° DAT YYY E(MMIDDIY ) CERTIFICATE OF LIABILITY INSURANCE 04/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-294-7696 NAMEACT Atlantic Pacific-Key West PHONE 305-294-7696 FAX 305-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,EXt): (A/C,No): Key West,FL 33040 A DRIEss:chernandez@apins.com House Account-KW INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Insurance Co. 25666 INSURED INSURER B Sea Tech of the Fl Keys,Inc. PO Box 420529 INSURER C Summerland Key,FL 33042 INSURER D CO INSURER E: C) INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: e' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS M CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICDY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ CLAIMS-MADE OCCUR \ DAMAGE TO RENTED P MI E Ea occurrence S MED EXP(Any oneperson) $ D) �9 PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY❑JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Ea aBctleD SINGLE LIMIT $ 1,000,0C X ANY AUTO Y 008L470574 03/01/2019 03/01/2020 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accdent $ I S 00 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 0 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ APPROXte=SISK AAGEMEN S WORKERS COMPENSATION PER O AND EMPLOYERS'LIABILITY Y/N 13 STATUTE ER H ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatary in NH) IDA -_ - - _ - - - — E.L.DISEASE-EA EMPLOYEE $ 0 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S O 7 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: MCSO Headquarters Irma Repairs,5500 College Rd,Stock Island, Key West,FL,not subject to cancellation,nonrenewal,material change or co reduction in coverage unless a minimum thirty(30)days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whitehead St AUTHORIZED REPRESENTATIVE Key West, FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2122 D.6.b SEATE-1 OP IDE ET ACORO® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-741-7373 CANEACT Rebecca Horan Keys Anchor Insurance Agency PHONE 305-741-7373 FAX 844-269-7923 Rebecca Horan (A/C,No,Ext): (AIC,No): PO BOX 420308 E-MAIL ADDRESS: Summerland Key,FL 33042 a Rebecca Horan INSURERS AFFORDING COVERAGE NAIC# 00 INSURER A:Continental Casualty Company INSURED INSURER 8:Kinsale Insurance CO SeaTech of the FI Keys Inc 131 Palomino Horse Trail INSURER C: Big Pine Key,FL 33043 INSURER D CO INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: e' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS M CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 0 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE � OCCUR X 01000816180 03/01/2019 03/01/2020 PREMI ES a occurrence) S 100,00 MED EXP(Any oneperson) $ ex( DS PERSONAL BADVINJURY S 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY JECT LOC 2,000,00 0 EtAE ,` PRODUCTS-COMP/OP AGG $ OTHER: X AISK NAG A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident) ccide t $ ANY AUTO BY _ _ BODILY INJURY Perperson) $ cm OWNED SCHEDULED ____ AUTOS ONLY AUTOS DAIf- BODILY INJURY Per accident $ AUTOS ONLY AUTOS ONL� ��( �1/ PROPERTY DAMAGE f`(r Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 0 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ S A WORKERS COMPENSATION YIN PER OTH- AND EMPLOYERS'LIABILITY 46-885792-01-03 03/01/2019 03/01/2020 STAT TE ER _ 1,000,00 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under 1,000,00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S O DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:MCSO Headquarters Bldg Irma Repairs,5525 College Rd,Key West,FL. Not subject to cancellation, nonrenewal,material change or reduction in co coverage unless a minimum of thirty(30)days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION MCBCOU1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board Of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whithead St AUTHORIZED REPRESENTATIVE Key West, FL 33040 Rebecca Horan ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2123 D.6.b SEATE-1 PAGE 2 NOTEPAD INSURED'S NAME SeaTech of the FI Keys Inc OP ID: ET Date 04/05/2019 when required by contract, in favor of the additional insureds stated above to the extent permitted by law. CO CO C3 CO C3 Cm CO C3 C3 0 C3 CO Packet Pg. 2124