Item D04 D.4
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
September 18, 2019
Agenda Item Number: D.4
Agenda Item Summary #5965
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
NA
AGENDA ITEM WORDING: Ratification of two (2) emergency contracts with Global Disaster
Recovery, Inc. for mold remediation work at the Freeman Justice Building and the Lester Building.
The two contracts were executed by the County Administrator and they have a total amount of
$59,315.12.
ITEM BACKGROUND: Under an emergency designation and following environmental testing,
the County project management department issued a solicitation for mold remediation services at the
Freeman Justice Building and the Lester Building in March 2018. Global Disaster Recovery, Inc.
(GDR) was the lowest, responsible bidder for these projects. Each project contract was less than
$50,000 and were approved and signed by the County Administrator. County Purchasing Policy and
County Code requires that the BOCC ratify contracts if the same vendor has cumulative contracts
totaling $50,000 or more. The contract with GDR for mold remediation at the Freeman Justice
Building was for $29,461.51 and the contract with GDR for mold remediation at the Lester Building
was for$29,853.61.
PREVIOUS RELEVANT BOCC ACTION: 12/13/17 - BOCC ratified an agreement with Inspect
Key West, Inc. for Air Quality Testing and Reporting Services for multiple County buildings that
had suffered water intrusion damages from Hurricane Irma. 6/20/18 — BOCC approved
advertisement of any solicitations necessary for hurricane emergency repair work.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Ratification of two mold remediation contracts with GDR.
DOCUMENTATION:
GDR Freeman Justice Executed Contract
GDR Lester Building Executed Contract
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D.4
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: $59,315.12
Total Cost to County: $7,414.39
Current Year Portion: $59,315.12 (already been paid)
Budgeted: No
Source of Funds: 125-0459110-IRMONRB1
CPI:
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: 75% Federal; 12.5% State; 12.5% County
Insurance Required: yes
Additional Details: Hurricane Tracking #58517 and#58516
125-0459110-IRMONRB 1
03/21/18 NEW COST CENTER ADDED $70,390.00
125-0459110
REVIEWED BY:
Cary Knight Completed 08/23/2019 4:33 PM
Chris Ambrosio Completed 08/24/2019 1:56 PM
Budget and Finance Completed 08/27/2019 8:10 AM
Maria Slavik Completed 08/27/2019 8:40 AM
Kathy Peters Completed 08/28/2019 11:36 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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D.4.a
Monroe County Purchasing Policy and Procedures
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000
Contract with: Global Disaster Recovery Contract#
Effective Date: 05/14/2018
Expiration Date:
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Contract Purpose/Description:
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Emergency Mold Work 'a
Mold Remediation and water damage cleaning and repairs as a result of water intrusion during Hurricane Irma
Freeman Justice Center Located at 3,102 F einimatrcct lie n Est :1 L 0 t?41`
-. �.._..._.
Contract Manager: Johnnie Younge 4429 Project Management
(Name) (Ext.) (Department/Stop #)
U)
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CONTRACT COSTS
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Total Dollar Value of Contract: $ $29,461.51 Current Year Portion: $ N/A
Budgeted? Yes❑ No [❑ Account Codes: 0459110-IRMONRB 1 ITIT ITITITITITITITmmmmmm4
Grant: $ N/A -
County Match: $ - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
Neat included in dollar value above) (e.g. Ctai�t�rrarlce,utilities„ aniter ma]„salaries,etc)
CONTRACT REVIEW
Changes Date Out U)
D • l Needed is
Department Head Yes[—] Na
Risk Management Yes❑ Nog � ` ......_.
„
OA.B./ "urcha ing %R�acsEl No
County Attorney Yesn N _.....,u..... � E
Comments:
OMB Form Revised 2/27/01 MCP#2
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Freeman Justice Center ' old Remediation
Agreement
Between Owner and Contractor
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Where the basis of payment is a STIPULATED SUMAR
AGREEMENT Made as of the Day of 2018
BETWEEN the Owner: Monroe County Board of County Commissioners
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500 Whitehead Street
Key West, FL 33040
And the Contractor: Global Disaster Recovery, Inc.
13333 Overseas Hwy.
Marathon, FL 33050
For the following Project: Freeman Justice Center Mold Remediation 0
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Scope of the Work
The Scope of Work includes, but is not limited to, all work described in the Solicitation for the
Freeman Justice Center Mold Remediation.
Contractor is required to:
1. Water that entered the building had been absorbed by baseboard and trim made from
composite materials. The composite material was Still holding moisture and should be removed. 0
Any moldy substrates behind the trim should be cleaned with an enzyme based cleaner or
removed if moisture content is over 16%.
2. Mold was found at a cold air supply vent in the a/c mechanical room. This mold may have
developed after the power outage due to condensation. Clean moldy vents in the a/c W
mechanical area with an enzyme cleaner such as Enzy Magic and then protect the surfaces
from future mold growth with a biodegradable protectant such as Bac Shield.
3. Obtain all necessary building permits and inspections to perform all of the work required by
this contract and the owner. E
Summary of General Requirements
• Fumish all labor, tools, material, equipment, safety equipment, transportation services,
laboratories, and all incidentals necessary to perform and complete said Work
contemplated in this agreement.
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Freeman Justice Center Mold Remediation
• Construction work times shall be limited to: 8:00-AM to 5:00 PM Monday-Friday. Unless_
otherwise requested or required by Director of Project Management.
• County buildings must remain open at all times. Work done by contractor must not
impede the normal operations of the County buildings and employees which may be e
adjacent to the work. Schedule and coordinate construction activities accordingly to 2
prevent any interruption of normal staff and building operations. 0
• Contractor shall maintain the following Insurance Requirements for the life of the
contract:
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Workers Comp Employers Liability $100,000/$500,000/$100,000
Bodily-in'iury by Accident/Bodily
Injury byDisease, policy limits/Bodily Injury
by Disease-each employee
General Liability $200,000 per Person;
$300,000 per Occurrence
$200,000 Property Damage 0
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or 3
$300,000-Combined Single Limit
Vehicle $50,000 per Person:
$100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
The Monroe County Board of County Commissioners shall be named as Additional Insured on
General Liability and Vehicle policies. 0
ARTICLE 1
The Contract Documents
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The Contract Documents consist of this Agreement, Solicitation and Proposal/Quote
documents, Addenda issued prior to execution of this Agreement, together-with the response to
solicitation and all-required insurance documentation, and Modifications issued after execution
of this Agreement. The Contract represents the entire and integrated agreement between-the
parties-hereto-and supersedes prior negotiations, representations or agreements, either written 0
or oral. In the event of a discrepancy between the-documents, precedence-shall be determined
by the order of the documents as just listed.
ARTICLE 2
The Work of this Contract
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.
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Freeman Justice Center Fold- Remediation
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a-notice to proceed issued by the
Owner.
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The Contractor shall commence performance of this Project within Thirty (30) calendar
days after the date- of issuance to the undersigned by Owner. The undersigned shall
accomplish Substantial Completion of the Project within Ninety (90) calendar days. The
undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar
days thereafter. The time or times stipulated in the contract for completion of the work of e
the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule. '
Liquidated- damages will be based on-the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount_of liquidated
damages.
FIRST SECOND 31ST DAY & 0
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER c
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
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$50,000.00-99,999.00 100.00/Day 200-u0/Day 750.00,Day
$1 GO,000.00-499,.999:00 200.00/Day 500-00/Day 2,000.00/Day g
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery, of dame es and sole remedy for any delay caused by the .�
Owner shall be a extension of time on the Contract.
ARTICLE 4
Contract Sum c
4.1 The owner-shall pay the Contractor in current funds for the Contractor's performance of
completion of all of the Contract work the Sum of Twenty Nine Thousand Four �
Hundred Sixty One and 511100 Dollars ($29,461.51), subject to additions and
deductions-as provided-in the Contract Documents. 0
4.2 The Contract Sum i based upon the following alternates, it any, which are described in
the Contract Documents-and are hereby accepted by the Owner: None,
ARTICLE 5
Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
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:
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Freeman Justice Center-Mold Remediation
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment-Act, Section 218.735, Florida Statutes and Monroe County Code.
ARTICLE-6 g
Miscellaneous Provisions AR
6.1 Where reference is made in this Agreement to a provision of the General Conditions or E
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
6.2 Monroe County's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration.
6.3 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or 0
perform work as contractor, supplier, subcontractor, or consultant under a contract with o
an public entity, and may not transact business with an y p ty, y y public entity in excess of the 4-
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of o
thirty-six (36) months from the date of being placed-on the convicted vendor list. g
6.4 The following items are included-in this contract:
a) MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Records shall! be retained for a period of
seven years from the termination of this agreement or for a period of five years-from
the submission of the final-expenditure report as per 2 CFR-§200.333, whichever is
greater. Each party to this agreement or its authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement
for public- records- purposes during the term of the Agreement and for four years 0
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 spen-t for purposes not authorized by this Agreement, or were wrongfully--
retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together
with:interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from
the date the monies-were paid by the COUN T Y.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by Jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
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Freeman Justice Center Mold Remediation
of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the-institution of any,other administrative or legal proceeding.
c) Severability. If-any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or e
unenforceable to any extent by a court of -competent jurisdiction, the remaining AR
terms, covenants, conditions and provisions of this Agreement, shall not be affected 0
thereby; and each remaining term, covenant, condition and provision of this E
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 I-
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.
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 0
appellate proceedings. e
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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 g
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been -duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it �
has had ample opportunity to submit this Contract to legal counsel of its choice and
enters into this agreement freely, voluntarily and with advice of counsel. e
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
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 es-may be provided by this Agreement-or by Florida-
law. This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
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Freeman Justice Center Mold Remediation
k) Covenant of No Interest. County and Contractor covenant that neither prese-ntly has
any interest, and shall-not acquire any interest, which would conflict in any-manner or
degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
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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 E
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona-fide employee working solely for it, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the 0
Contractor agrees that the County shall have the right to terminate this Agreement c
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. c
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n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the- Constitution of-Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, -all documents, records, papers,
letters or other "public record" materials in its-possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract c
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 0
and- costs associated- with that proceeding. This provision shall suRrive any
termination or expiration-of the contract.
The Contractor is-encouraged-to consult with its advisors about Florida Public Records
Law in order-to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(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
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copied within a reasonable time at-a cost-that does not exceed the cost
provided-in this chapter or as otherwise provided by law.
(2) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as o
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records tor-
the County.
Upon completion of the contract transfer, at no cost to the County(4) U p P all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically E
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology 0
systems of the County. o
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(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess g
the requested records, the County shall immediately notify the Contractor of
the request, and the Contractor must provide the records to the County or
allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to 0
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid_public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The- Contractor shall not transfer custody, release, -alter, destroy or
otherwise dispose of any public records unless or otherwise provided-in this--
provision or as otherwise-provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 111-1 12TH Street, SUITE 408, KEY WEST, FL 33040.
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
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coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage, no-i shall any contract-entered
into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and -relief, disability,
workers' compensation, and other benefits which apply to the-activity of _officers,
agents, or employees of any public agents or employees of the County, when E
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
ment is not intended to nor sh
all all it be construed as relievin
g ng any
participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County, 0
except to the extent permitted by the Florida constitution, state statute, and case law. o
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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- g
party- claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and-the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity- or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement. o
s) Attestations. Contractor -agrees to execute such documents as the County may
reasonably require, to include_a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee-of-Monroe
County in his-or-her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart. 0
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
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action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) any-costs or expenses that may--be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents, g
contractors or other invitees during the term of this Agreement, (B) the negligence or AR
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other E
invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims;
actions, causes of action, litigation, proceedings, costs or expenses arise from the E
intentional or sole negligent acts or omissions of the COUNTY or any of its
employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the
term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is 0
delayed or suspended as a result of the Contractor s failure to purchase or maintain c
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the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted c
against the County- by virtue of any deficiency or ambiguity in the plans and g
specifications provided by the Contractor, the Contractor agrees and warrants that
the Contractor shall hold the County harmless and shall indemnity it-from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
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w) Section Headings: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
y) Agreements with Subcontractors. In the event thatthe 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 E
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured.
6.5 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
For Contractor: Paul Sweene
Global 'Disaster Recovery, Inc,
13333 Overseas H .
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Marathon FL 33050
For Owner: Director of Proiect Mang ement Assistant County Administrator PW& E.
1100 Simonton St., Room 2-216 1100 Simonton St.
Ke West FL 33040 Key West, FL 33040
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ARTICLE 7
Enumeration of Contract Documents
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7.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: None.
7.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
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7.1.2 The General Conditions: None.
7.1.3 The Supplementary Conditions of the Contract are the FEDERAL REQUIRED
CONTRACT PROVISIONS provided below and IAQ MOLD ASSESSMENT REPORT
BY KEY WEST PRO MANAGEMENT. 3
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7.1.4 The Addenda, if any, are as follows: None.
FEDERAL CONTRACT REQUIREMENTS
TERMINATION .�
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without-cause by giving the
other party sixty (60) days written notice of its intention to do so. �
x
C. Termination for Cause and-Remedies: In the event-of breach of any contract terms, a�
the COUNTY retains the right to-terminate this Agreement. The COUNTY may-also 2
terminate this agreement for cause with CONTRACTOR-should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. in the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days' notice and provide the 0
CONTRACTOR with an opportunity to _cure the-breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the COUNTY_
terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and
seek an offset for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the spending cap in this Agreement.
In addition, the COUNTY reserves all rights available to recoup monies paid under
this Agreement, including the right to sue for breach of contract and including the
AGREEMENT 01740-Page 10 of 24
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right to pursue a claim for violation of the COUNTY's False Ciaims Ordinance,
located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the- sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds E
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to
sue for breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims
a s Ordinance located -at Section 2 721 e I.t a of the Monroe
County Code.
NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
U)
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates 0
without any further action on the part of any party, effective the date of the court order. e
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and 3
all local ordinances, as applicable, relating to nondiscrimination. These include but are e
not limited to: 1) Title VII of the Civil Rights Act of 1964-(PL 88-352) which prohibits
discrimination on the basis of race, color or national origin;--2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss: 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973,_ as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug-abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health a
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the 0
Civil Rights Act of 1968 (42 USC s.-et seq.), as amended, relating to nondiscrimination in 2
the sale, rental or financing of housing; 9) The-Americans with Disabilities Act of 1990
(42 USC s. 12101 Note), as may be amended from time to time, -relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, E
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national
origin; ancestry, sexual orientation, gender identity or expression, familial status or age;
11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement„ the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed, Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339)„ as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60, (Office of Federal Contract Compliance Programs, Equal Employment
AGREEMENT 01740-Page 11 of 24
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Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as
follows:
E ual Employment Opportunity. When required by Federal program legislation, which
includes FEMA grant and cooperative agreement programs. c
Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must
include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in
accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. c
12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, Amending Executive Order 11246 Relating to Equal Employment
Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance-Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200-, Appendix li, ¶C.
Key Definitions.
Federally Assisted Construction Contract. The regulation at 41 C.F.R.§ 60-1.3 defines a
"federally assisted construction contract" as any agreement or modification thereof 0
between any applicant and a person for construction work which is paid for in whole or e
in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving -a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such
grant, contract, loan, insurance, or guarantee, or any application or modification hereof
approved by the Government for a grant, contract, loan, insurance, or guarantee under
which the applicant itself participates in the construct[on work.
1) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines
"construction work" as the construction, rehabilitation, alteration, conversion,
extension, demolition or repair of buildings, highways, or other changes or
improvements to real property, including facilities providing utility services.
The term also includes the supervision, inspection, and other onsite functions
incidental to the actual construction.The- contractor will not discriminate
x
against any employee or applicant for employment because of race, color, W
religion, sex, -sexual orientation, gender identity, or national origin_ The
contractor will take affirmative action to ensure that-applicants are-employed,
and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited-to the following: Employment, 0
upgrading, demotion, or-transfer, recruitment or recruitment advertising;iayoff
or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
AGREEMENT 01740-Page 12 of 24
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sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
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compensation information of other employees or applicants as a part of such E
employee's essential job-functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24, 0
1965, and shall post copies of the notice in conspicuous places available-to 3
employees and applicants for employment:
0
5) The contractor will comply with all provisions of Executive Order 11246 of g
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish ail--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 0
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and-orders.
7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or-orders, this 0
contract may be canceled, terminated or-suspended in whole or in part and
the contractor may be declared ineligible-for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24,
1965; or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. '200.326 Contract provisions and Appendix II to
2 C.F.R. Part 200, as amended, including but not limited to:
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9.29.1 Davis-Bacon Act. as amended (40 U.S-C. §§3141-3148). When required by Federal
program legislation, which -incl-udes -emergency Management Preparedness Grant
-Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, andAR
3146-3148 as-supplemented b Department of Labor regulations§§ 29 CFR Part 5
Pp Y P ( 0
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and E
Assisted Construction"). In accordance with the statute, contractors must be required to
a wages to laborers and mechanics at a ra
te not less than the prevailing w pay 9 wages P 9 9
specified in a wage determination- made by the Secretary of Labor. In addition, E
contractors must be required to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the Department
of Labor in each solicitation(attached as Exhibit A). The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding
agency. When required by Federal program legislation, which includes emergency
Management Preparedness- Grant Program, Homeland Security Grant Program, �
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program-and Transit Security Grant Program (it does not apply to other 0
FEMA grant and cooperative agreement programs, including the Public Assistance 3
Program), the contractors must-also comply with the Copeland "Anti-Kickback" Act (40
U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or g
in Part by Loans or Grants from the United States"). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he-or she is otherwise entitled. The COUNTY must-report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as �s
may be applicable, which are incorporated by reference into this
contract.
X
(2) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clause above and-such other clauses as-
-the FEMA may by appropriate instructions require, and also a
clause requiring the subcontractors-to include these clauses-in
any lower tier subcontracts. The prime contractor shall be
responsible -for the compliance by any _subcontractor or lower
tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be
grounds for termination of the contract, and for debarment as
a contractor and subcontractor as provided in 29 C.F.R.
5.12.
AGREEMENT 01740-Page 14 of 24
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9.29.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 37-01-3.708). Where
applicable, which includes all FEMA grant and cooperative agreement programs,
all contracts awarded by the COUNTY in excess- of $100,000 that involve the
employment of-mechanics or laborers must comply with 40 U.S.C.§§ 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S-.C. §3702 of the Act, each contractor must compute the wages of AR
every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker E
is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
a
9.29.3 s hts to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or 0
performance of experimental, developmental, or research work under that "funding
agreement,"the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding-agency.
9.29.4 Clean Air Act 42 U &C. 7401-7671 . and the Federal Water Pollution Control Act
33 U.S.C. 1251-1387 . Contractor agrees to comply with all applicable standards,
orders or regulations- issued pursuant to the Clean Air Act (42 U.S.C. §§7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 0
§§1251-1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA). The- Clean Air Act (42 U.S.C. 7401-
7671q.) and the Federal Water -Pollution Control Act (33 U.S.C. 1251-1387), as
amended—applies to Contracts and subgrants of amounts in excess of$150,000.
9.29.5 Debarment and Suspension Executive Orders '12549 and 12689 A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for_ Award Management (SAM), in
accordance 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.
9.29.6 Byrd Anti-Lobbying Amendment 31 U.S,C. 1302 —Contractors that apply or bid �
for an award exceeding- $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any-person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
AGREEMENT 01740-Page 15 of 24
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of Congress, or an employee of a member of Congress in connection with
obtaining-an Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
AR
9.29.7 CornoHance with Procurement of recovered materials as set forth in 2 CFR �
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste E
disposal Act, as amended, by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in
guidelines of the-Environmental Protection Agency (EPA) at 40 CPR part 247 that E
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a
manner .that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines.
Other Federal Requirements. 0
0
3
9.29.9 Americans with Disabilities Act of 1990 as amended ADA — The CONTRACTOR will
comply with all the-requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9.29-.10 Disadvantacied Business Enterprise DBE Policv and Obligation - It is the
policy of the COUNTY that DBEs, 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 0
Agreement. The COUNTY and its CONTRACTOR 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 0
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.
0
2 C.F.R. § 200.321 CONTRACT ING WITH SMALL AND MINORITY_BUSINESSES 2
WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks
to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's-business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises
AGREEMENT 01740-Page 16 of 24
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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 re uirement permits, which encourage o
participation by small and minority businesses, and women's business enterprises; AR
s Using the servic
es and assistance, as appropriate, of such organizations as the Small as
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative
steps listed in paragraph (1) th-rough (5) of this section. I-
0
4-
9.30 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors
performing-work or providing services pursuant to the Contract to likewise utilize the
U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term.
IF Florida DEM Agreement
0
9.31 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded 3
Subaward and Grant Agreement -between COUNTY and the Florida Division- of
Emergency-Management (Division) and attached hereto-as Exhibit B.
9.32 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of
whatever nature arising out of the CONTRACTOR's performance of work urrder this
Agreement, to the extent allowed and required by law.
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AGREEMENT 01740-Page 17 of 24
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This Agreement is entered-into as of the day and year first written-above and is executed in at
least two-(2)original copies of which one (1) is to be delivered to the Contractor.
Execution-by the Contractor must be by a person with authority to bind the-entity.
0
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
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(SEAL) E
Attest: KEVIN MADOK, Clerk MONROE COUNTY
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By: By:
Deputy Clerk- County/Assistant.Administrator
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"'DIM U)„ Date: " /
" LISA STUART
n� Notary Public-State of Florida �
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Contractor Witness Attest: Global Di7rter Recovery, Inc. 0
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Title:
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By: .- IUI )NROE COUNTY ATTORNEY �
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ASSISTANT O' Li T A OR E
Date:
End of Agreement
AGREEMENT 01740-Page 18 of 24
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Exhibit A
Department of Labor Wage Determination
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EXHIBIT Page 19 of 24
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General Decision Number: FL180063 03/16/201-8 FL63
Superseded General Decision Number: FL20170063
State: Florida
Construction Type: Building
County: Monroe County in Florida.
AR
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments 0
up to and including 4 stories). E
Note: Under Executive Order (EO) 13658, an hourly minimum wage of$10.35 for calendar year
2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification listed on this wage determination at
least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is
higher) for all hours-spent performing on-the contract in calendar year 2018. The EO minimum
wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned
types of contracts entered into by the federal government that are subject to the Davis-Bacon
Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29- CFR 5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available at 0
www.dol.gov/whd/govcontracts. c
3
4-
0
Modification Number Publication Date
0 01/05/2018
1 01/1212018
2 02/23/2018
3 03/16/2018
" ELEC0349-003 03/05/2018
0
Rates Fringes
ELECTRICIAN $33.11 12.31
ENG10487-004 07/01/2013
OPERATOR: Crane
All Cranes Over 15 Ton Capacity $ 29.00 8.80-
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and Under $ 22.00 8.80
I RON0272-004 IIV01/2017
IRONWORKER, STRUCTURAL AND REINFORCING $ 24.89 10.10
PAI N0365-004 07/01/2017
Rates Fringes
PAINTER: Brush Only $ 20.21 10.08
S FFL0821-001 01/01/2018
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SPRINKLER FITTER (Fire Sprinklers) $ 27.68 18.89
SHEE0032-003 12/01/2013-
SHEETMETAL WORKER (HVAC Duct Installation) $23.50 12.18
SUFL2009-059 05/22/2009
CARPENTER $ 15.08 5.07 E
CEMENT MASON/CONCRETE FINISHER $ 12.45 0.00
FENCE ERECTOR $ 9.94 0.00
LABORER: Common or General $ 8.62 0.00
LABORER: Pipelayer $ 10.45 0.00 3
OPERATOR: Backhoe/Excavator $ 16.98 0.00
OPERATOR: Paver(Asphalt, Aggregate, and Concrete) $ 9.58 0.00 0
0
3
OPERATOR: Pump $ 11.00 0.00
0
-PAINTER: Roller and Spray $ 11.21 0.00 g
PLUMBER $ 12.27 3.33-
ROOFER: Built Up, Composition, Hot Tar and Single Ply $ 14.33 0.00
SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61
0
TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors �
applies to all contracts subject to the Davis-Bacon Act for which-the contract-is awarded (and
any solicitation-was issued) on or after January 1, 2017. If t'his contract is covered by the EO,
the contractor must provide employees with 1 hour-of paid sick leave for-every 30 hours they
work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid
sick leave for their own illness, injury or other health-related needs, including preventive care; to
assist a family member (or person who is like family to the employee) who is ill, injured, or has
other health-related needs, including preventive care; or for reasons resulting from, or to assist
a family member (or person who is like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information on contractor requirements and
worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Agreement Page 21 of 24
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Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses (29CFR 5.-5
(a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been
found to be prevailing for the cited type(s) of construction in the area covered by the wageAR
determination. The classifications are listed in alphabetical order of "identifiers" that indicate 0
whether the particularrate is a union rate (current union negotiated rate for local), a survey rate E
(weighted average rate) or a union average rate (weighted union average rate).
6
Union Rate Identifiers
I-
0
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
prevailing-for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is
an abbreviation identifier-of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination. 07/01/2014 is the effective date
of the most current negotiated rate, which in this example is July 1, 2014. 0
0
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining
3
agreement (CBA) governing this classification and rate. e
c
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it may include both union and non-union
rates. Example: S_ULA2012-007 5/13/2014. SU indicates the rates are survey-rates based on a 0
weighted average calculation of rates_ and are not majority-rates. LA indicates the State of
Louisiana. 2012 is-the year of survey on which these classifications and rates are-based. The
next number, 007 in the example, is an internal number used in producing the wage
determination. 5/13/2014 indicates the survey completion date for the classifications and rates
under that identifier. 0
Survey wage rates are not-updated-and remain in effect until a new survey is conducted.
Union Average-Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that-no single majority rate prevailed
for-those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in the example, is an internal
number used in producing the wage determination. 08/29/2014 indicates the survey completion
datefor the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted
average of the current negotiated/CBA rate of the union locals from which the rate is based.
Agreement Page 22 of 24
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Freeman Justice Center Mold Remediation
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an-initial decision in the matter? This can be:
an existing published wage determination
" a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position ona wage determination matter
* a conformance (additional classification and rate) ruling E
On survey related matters, initial contact, including requests for summaries- of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division 0
U.S. Department of Labor
3
200 Constitution Avenue, N.W.
Washington, DC 20210 0
2.) If the answer to the question in 1.) is-yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W. 0
Washington, DC 2021.0
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue. 0
3.) If the decision of the Administrator is not favorable, an-interested party may appeal directly to
the-AdministrativeReview Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Agreement Page 23 of 24
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-freeman Justice Center old- Remediation
S
2
Exhibit B I-
0
Monroe County FDEM Agreement
0
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4-
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0
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D.4.a
Contract Number: Z0002
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C-F.R. §200,92 states that a-"subaward may be provided through any form of legal agreement,including an
agreement that the pass-through entity considers a contract"
As defined by 2 C,F.R.§200.74,"pass-through entity means'a non-Federal entity that provides a subaward to a
Sub-Recipient to carry out part of a Federal program.' L_
0
4-
As defined by 2 C.F.R,§200.93,"Sub-Recipient'means"a non-Federal entity that receives a subaward from a
pass-through entity to carry out part of a Federal program."
a
As defined by 2 C,F.R.§200.38,"Federal award"means`Federal financial assistance that a non-Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity,'
0
0
As defined by 2 C.F.R,§200,92,'subaward"means".an award provided by a pass-through entity to a Sub- 3
Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity."
0
r_
The following information is provided pursuant to 2 G.F_R.§200.331(a)(1):
Sub-ReciplenCs name: Monroe County
Sub-Recipient's PA IDIFIPS Number. 0 7- 9 .97--g0
Sub-Recipient's unique entity identifier. 02 771709 �
Federal Award Identification Number(FAIN), 43370RFLP000OD01
Federal Award Date: ,�130I�017
/10I2017—031101 1
Subaward-Period of Performance Start and End Date: 9 �
Amount of Federal Funds Obligated by this Agreement: $2,858i535.94
ca
Total Amount of Federal Funds Obligated to the Sub-Recipient
-by the-pass-through entity to include this Agreement: 2 888-535.9
Total Amount-of the Federal Award committed to the Sub•Reciplent U)
by the pass-through entity, .' ,525 4
Federal award-project description(see FFATA) Grant to Local Government for M
debris rernoval em eraencv E
p,�Rctr�o moasure n r ai
rpplgg@rn@njgfdIsastjrdm
facilities
Name of Federal awarding agency: eland Securi OHS
Federal Emergency,MilnggeWnl
Agency(FEM,A)
Name of pass-through entity: Florida Division of Epee en
Mana eq...mgnLLFDEM
Packet Pg. 1008
D.4.a
2
i
Contact information for the pass-through entity 2bg h�mna r k tvd.
i
jallaha FL a23_29-2100
Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97136 Public Assistangg �
Whether the award is Re earcb&Development: fi" 6
Indirect cost rate for the Federal award: Spe,v 44 C.F,R 20,SM14L
I �
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THIS AGREEMENT is entered into by-the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida(hereinafter referred to as the"Division"), and Monroe County,
(hereinafter referred to as the"Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a-Federal
award, and the Sub-Recipient serves as the recipient of a sbawarci.u 0 THIS AGREEMENT iS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A, The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein; E
B. The State of Florida received these grant funds from the Federal government,and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
U)
THEREFORE, the Division and the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LA J THISAGREEMENT
0
2 C.F.R. §200,302 provides:'Each state must expend and account for the Federal award 0
0
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971, Florida Statutes, entitled"Agreements funded with federal or state 0
assistance", applies to this Agreement. g
(2) LAWS RULES,RE'GLNLAT ONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 G.F.R. Part
200, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required by Section 215,971(1),Florida Statutes, this Agreement includes:
O
i. A provision specifying a_scope of-work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
0
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received-and accepted in writing by the Division before payment. Each deliverable must be 0
directly-related to the scope of work and specify the required minimum level of service to be-performed U)
and the criteria for evaluating the successful completion of each deliverable.
iii. -A provision specifying the financial consequences that apply if the Sub- E
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable-costs resulting from obligations incurred during the specified agreement period.
V., A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
0
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D.4.a
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vi. A provision specifying that any funds paid in excess of the amount to which
the-Sub-Recipient is entitled under the terms and conditions of-the agreement must be refunded to the
Division.
0
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by
All applicable State and Federal,laws, rules and regulations. Any express reference in this Agreement to
a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies.
(3) CONTACT
0
-a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's Itaison with the Sub-Recipient. As part of his/her duties,the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and, 3
U)
ii. Review and document all deliverables for which the Sub-Recipient requests 0
payment.
b. The Division's Grant Manager for this Agreement is: 0
0
Lililita Forbes
2555 Shumard Oak Blvd. Ste. 360
Tallahassee, FL 32399-2100 g
Telephone: 850-815-4419
Email: Lililita.Forbes@em.mvfiorida.com
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is: �
Laura deLoach-Hartle
0
1100 Simonton St., Ste.2-213
Key West, FL 33040-3110
Telephone: 305=292-4482
Email:deloachhartle-laura@monroecounty-fl.gov W
d. In the event that different representatives or addresses are-designated by either party
after execution of this Agreement,notice of the name, title and address of the new representative will be
C
provided to the other party-in writing-via letter or electronic email. It is the Sub-Recipient's responsibility to M
authorize its users in the FloridaPA.org website.-Only the Authorized or Primary Agents identified on the
Designation of.Authority(Agents) in Attachment D may authorize addition or removal of agency users_
C
0
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(4) TERM 3 AND CtONDITICINS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
0
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
�
(6) MODIFICATI E
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties,and attached to
the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this
agreement must-be executed incorporating the Project as identified by number, budget, and scope of
work.Projects not included by modification will be ineligible for funding, regardless of Federal approval for
the Project.
(7) SCOPE OF WIORK.
The-Sub-Recipient shall perform the work in accordance with the Budget and Project List
0
—Attachment A and Scope of Work,Deliverables and Financial Consequences—Attachment B of this a
0
Agreement,
(8) PERI_QQ DF AGREEMENT,
This Agreement shall begin upon execution by both parties and shall end-six (6)months
from the date of declaration for Emergency Work(Categories A&B) or eighteen (18) months from a
the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance
with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of"period of
performance'contained in 2 C,F.R.§200.77. the term "period of agreement"refers-to.he time during
which the_Sub-Reciplent"may incur new obligations to carry out the work authorized under"this
0
Agreement. In accordance with 2 C.F.R.. §200.309, the Sub-Recipient may receive reimbursement under
this Agreement only-foa`allowable costs incurred during the period of performance," In accordance with
a
section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this
Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement.
(9) FUNDING
U)
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
b. The-State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature,and subject to any modification in
accordance with either Chapter 216,Florida Statutes,or the Florida-Constitution.
c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement(`Budget and Project List"). The E
maximum reimbursement amount for the entirety of this Agreement is two million,eight hundred fifty-eight
thousand, five hundred and thirty-five dollars and ninety-four cents($2,858,535.94).
Packet Pg. 1012
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d. As required by 2 C.F.R.-§200.415(a), any request for payment under-this Agreement
must include a certification, signed kUn official who-is uthorized to le all bind-the Su -Reci ient,,
which reads as follows: "By signing this report, I certify to the-best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures,disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the-Federal award. I am aware that any
false, fictitious, or fraudulent information,or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 1-
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient in FloridaPA.org against a performance measure, outlined
in Attachment B, Scope of Work, Deliverables, and Financial Consequences, that clearly delineates:
I. The required minimum acceptable level of service to be performed;and, 3
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a"performance goal", which is defiried in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
4-
achievement can-be compared." it also remains consistent with the requirement, contained in 2 C.F.R. o
§200.301„that-the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §20OA30('Compensation—personal
0
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If-authorized by the Federal
Awarding Agency,and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when U
no work is-performed due to vacation, holiday, illness, failure of the employer to provide sufficient work,or a
other similar cause(see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit.
0
2 C.F.R. §200.-431(a)defines fringe benefits as"allowances and services provided by employers to their
employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable
under this Agreement as long as the benefits are-reasonable-and are required by law, Sub-Recipient-
employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R.§200.431(b)provides that
the-cost of fringe benefits in the form of regular compensation paid to employees during periods of E
0
authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays,
court leave, military leave, administrative leave,and other similar benefits,are allowable if all of the
following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
0
awards; and, �
Packet Pg. 1013
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iii. The-accounting basis(cash or accrual)selected-for costing each type of
leave is consistently followed-by the non-Federal entity or specified grouping of employees.
h, If authorized by the Federal Awarding Agency,then the Division will reimburse the
0
Sub-Recipient for travel expenses In accordance with 2 C.F.R. §200.474. As required by the Reference
i5
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112,061, 0
Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes($6 for breakfast, $11 for lunch, and$19 for dinner), then-the Sub-Recipient must provide I-
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award. 3
i. The Division's grant manager,as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement-period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
4-
j, As defined by 2 C,F.R. §200,53, the term'improper payment"means or includes: o
L Any payment that should not have been made or that was made in an g
incorrect amount(including overpayments and underpayments) under statutory,contractual,
administrative, or other legally applicable requirements;and,
ii. Any payment to an ineligible party, arw_payment for an-ineligible good or
service, any duplicate payment, any payment for a good or service not received(except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10)RECGR'DS
a. --As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, 0
the Comptroller General of the United States,and the Division, or any of their authorized representatives, U)
shall enjoy the right of access to any documents, papers,or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits,examinations, excerpts, and transr_.ripts, The right E
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and rtiscussion related to such documents, Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained,
b. As required by 2 C.F.R. §200-331(a)(5),the Division,the-Chief Inspector General of
the State of Florida„the Florida Auditor General,.or any of their authorized representatives,shall enjoy the
right of access to any documents,financial statements, papers,or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
Packet Pg. 1014
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The right of access also includes timely and reasonable access to the Sub-Recipient's-personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florda Department of State's record retention requirements (Chapter
0
119, Florida Statutes)and by 2 C.F.R. §200,,333, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or 0
consultants paid from funds under this Agreement, for a period of five(5)years from the date of
submission of the final expenditure report. The following are the only exceptions to the five(5) year
0
requirement:
L If any litigation, claim,or audit is started before the expiration of the 5-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken,
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
U)
awarding agency,cognizant agency for audit,oversight agency-f^r,audit,cognizant agency for indirect
costs.,or pass-through entity to-extend the retention period.
0
iii. Records for real property and equipment acquired with Federal funds must 0
0
be retained for 5 years after final disposition. 3
iv. When-records are transferred to or maintained by the Federal awarding o
agency or-pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient.
V. Records for program income transactions after the period of-performance, In
some cases recipients must report program income after the period of performance-, Where there is such
a requirement,the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal-year in which the program income is earned.
A Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of-documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans,and any similar accounting computations of the rate at which a
particular group of costs is chargeable-(such as computer usage chargeback rates or composite fringe
benefit rates). LU
as
d. In accordance with 2 C.F.R. §200.334,the Federal awarding agency—must request U)
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value.
e. In accordance with 2 C.F.R. §200.335, the Division must always provide oraccept
paper versions of Agreement information to and from the Sub-Recipient upon request. if paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
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f. As required--by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information-the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, states, local, and-tribal laws regarding privacy and obligations of confidentiality.
a, Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) 0
provides the citizens of Florida with a right of access to governmentalproceedings and mandates three,
basic requirements: (1)meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and I-
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements, However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and-that act on_ _
behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates
U)
the performance of its public purpose to a private entity,then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds,then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus,to the extent that the Government in the Sunshine Law applies to 0
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- g
0
Recipient's governing board or the meetings of any subcommittee making recommendations to the 0
governing-board may be subject to open government requirements_ These meetings shall be publicly
noticed,open to the public, and the minutes of all the meetings shall be public records,available to the
0
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
0
from disclosure by the Legislature,all materials made or received by a governmental agency(or a private
0
entity acting on behalf of such an agency)in conjunction with official business-which are used to
perpetuate,communicate, or formalize knowledge q_ualify as public records-subject-to public inspection. 0
The mere receipt of public funds by a private entity, standing alone,is insufficient to bring that entity U)
within the ambit of the public record requirements. However,when a public entity delegates a public
function to a private entity,the records generated by the private entity's performance of that duty become 0
public records. Thus, the nature and scope of the services provided by a private entity determine whether-
that entity is acting on-behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
0
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs,in a form sufficient to determine compliance with the requirements
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and objectives of the-Budget and Project List—Attachment A, Scope of Work—Attachment B,and all
other applicable laws and-regulations.
(11)AUDITS
a- The Sub-Recipient shall comply with the.audit requirements contained in 2 C.F.R.
Part 200, Subpart-F.
b. In accounting for the receipt and expenditure of funds under this Agreement,the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP"has the meaning specified in accounting standards issued by the Government E
Accounting Standards Board (GA.SB)and the Financial Accounting Standards Board(FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2
C,F,R, §200.50,GAGAS,"also-known as the-Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States,which are applicable to
financial audits."
0
d. If an audit shows that all or any portion of the funds disbursed were not spent in 0
0
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance,
e. The Sub-Recipient shall have all audits completed by an independent auditor,which
is defined in section 215.97(2)(h),Florida Statutes;as"an independent certifiedpublic accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub-Recipient's fiscal year.
f, The Sub--Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R_Part 200,_by or on behalf of the Sub-Recipient, to the Division at the following
address;
DEMSingle Audit@em.myflorida_com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399=2100
g: The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC-
to the Federal Audit Clearinghouse by submission online at;
http-11/harvester.census.gov/fac/collecVddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address.,
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DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100 0
(12)RE ORT'S E
2
a. Consistent with 2 C.F.R. §200.328,the Sub-Recipient shall provide the Division with
0
quarterly reports and a close-out report. These reports shall include the current status and progress by E
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
U)
out report. The ending dates-for each quarter of the program year are March 31,June 30, September 30
and December 31.
0
c. The closeout report is due sixty(60)days after termination of this Agreement or sixty 0
0
(60)days after completion of the activities contained inthis Agreement,whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
C
manner acceptable to the Division,then the Division may withhold further payments until-they-are
completed or may take other action as stated in Paragraph (16) REMEDIES. -"Acceptable to the
Division"means that the work product was completed in accordance with the Budget and Project List—
Attachment A, and Scope of Work—Attachment B. -
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
0
f. The Sub-Recipient shall provide additional reports and information identified in
Attachment G—Public Assistance Program Guidance.
(13)MONITORING.
a. The Sub-Recipient shall monitor itsperformance under this Agreement,as well as 0
that of its subcontractors and/or consultants who are paid from funds provided under-this Agreement,to
ensure that time schedules are being met, the Schedule of Deliverables and Scope ofWoe"re being
C
accomplished within the specified time periods, and other performance goals are being achieved. A M
review shall be done for each function or activity in Attachment B to-!his Agreement,and reported-in the
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with an monitoring E
g p y g procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division
Packet Pg. 1018
D.4.a
)2
to the Sub-Recipient-regarding such audit. The Sub-Recipient further agrees to-comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14) 1 SILIT'Y
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement',as authorized by section 768.28(19) Florida Statutes, Sub-Recipient shall I-
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor. _
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
U)
state agency or subdivision,as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious-acts or omissions which result in claims or suits against the
0
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the 0
0
extent set forth in Section 76828, Florida-Statutes. Nothing herein is intended to serve as a waiver of
4-
sovereign immunity tay any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be 0
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any �
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies,and without becoming
liable to make any further payment if:
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
Recipient-fails to keep or-perform any of the obligations,terms or covenants in this Agreement or any U)
previous agreement with the Division and has not cured them-in timely fashion,-or is unable or unwilling to
meet its obligations under this Agreement;
b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time-during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
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116)EEMEgiga.
If an Eventof Default occurs, then the Division shall,after thirty calendar-days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days,exercise
0
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty 0
days prior written notice of the termination, The notice shall be effective when placed in the United E
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested,to the
0
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement:
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
U)
purposes under the laws,rules and regulations governing the use of these funds
e. Exercise any corrective or remedial actions, to include but not be limited to:
0
1. Request additional information from the Sub-Recipient to determine the o
0
reasons for or the extent of non-compliance or lack of performance,
ii, Issue a written warning to advise that more serious measures may be taken o
if the situation is not corrected, g
iii, Advise the Sub-Recipient-to suspend, discontinue or refrain from incurring ca
costs for any activities in-question or
IV. Require the Sub-Recipient to-reimburse the Division for the amount of costs
Incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law,
0
Pursuing any of-the above remedies will not stop the Division from pursuing any y other 'a
remedies in this Agreement-or equity. y g y i g provided at law or in a uit . If the Division waives an right or reined in
0
this Agreement or fails to insist-on strict performance by the Sub-Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or-affect the later exercise of the same right or remedy by 0
the Division for any other default-by the Sub-Recipient-
(17)TERllAI NAT
a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud,lack of compliance with applicable-rules,laws and regulations,
failure to perform on time; and-refusal by the Sub-Recipient to permit public access to any document,
paper, letter,or other material subject to disclosure under Chapter i 1% Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion,that continuing the Agreement would not produce-beneficial results in line with the
further expenditure of funds,by providing the Sub-Recipient with thirty(30)calendar days prior written
notice,
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D.4.a
14
c. The parties may agree to terminate this Agreement for their mutual convenience
through-a-written amendment of this Agreement. The-amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated,the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the 0
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
0
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)P R bCUREMENT
a, The Sub-Recipient shall ensure that any procurement involving funds autho^zed by
U)
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200,326 as well as Appendix II to 2 C.F.R. Part 2000(entitled"Contract Provisions for
0
Non-Federal Entity Contracts Under Federal Awards"). a
0
b As required by 2 C.F.R. §200.318(b),the Sub-Recipient shall"maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following-, rationale for the method of procurement selection of contract type, contractor selection
or rejection, and the-basis for the contract price."
c. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall"maintain oversight-to
ensure that contractors perform in accordance--with the terms,conditions,and specifications of-their
contracts or purchase orders." In order io demonstrate compliance with this requirement, the Sub-
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
_d. Except for procurements by micro-purchases pursuant to 2 C,F.R. §200.320(a) or
a
procurements by small purchase procedures pursuant to 2 C.F.R.§200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement then the-Sub-Reciplent shall 0
forward to the Division a copy of any solicitation (whether competitive or non-competitive)at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub-Recipient within three(3)business days. Consistent
with 2 C,F.R. §200,32-4. the Division will-review the solicitation for compliance with the procurement
standards-outlinedin 2 C,F,R. §§200,318 through 200,326 as well as Appendix II to-2 C_F.IZ Part 200.
Consistent with 2 C,F,R. §200.318(k),the Division will not substitute its judgment for that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications, The Division's review and comments shall not a
constitute an approval of the solicitation. Regardless of the Division's review,the Sub-Recipient remains
Packet Pg. 1021
D.4.a
IS
bound-by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined-above. If the Sub-Recipient publishes a
competitive-solicitation after receiving comments from the Division that the solicitation is deficient,then12
the Division may; 0
1, Terminate this Agreement in accordance with the provisions outlined in
paragraph(17)above;and,
0
H. Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation..
e, Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)or
procurements by small purchase procedures pursuant to 2 C.F,R,§200.320(b), if the Sub-Recipient _
chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall
U)
forward to the Division a copy of any contemplated contract prior to contract-execution. The Division shall
review the unexecuted contract and provide comments, if-any,to the Sub-Recipient within three(3)
0
business days, Consistent with 2 C.F.R. §200.324,the Division will review the unexecuted contract for 0
0
compliance with the procurement standards outlined in 2 C.F.R, §§200,318-through 200,326 as well as
4-
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200,318(k),the Division wilt not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the g
Division-in order to execute a subcontract,this review may allow the Division to identify deficiencies in the-
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's reviev.-and comments shall not constitute an approval-of the subcontract.
Regardless of the Division's-review, the Sub-Recipient remains bound by all applicable laws, regulations, �
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three-(3)business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division-that the subcontract is non-compliant,then the Division may;
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph(17)above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
subcontract.
f. The Sub-Recipient agrees to include in the subcontract that;i)_the subcontractor is
bound-by the terms of this Agreement, (ii)the subcontractor is bound by-all applicable state and federal
laws and regulations, and(iii)the subcontractor-shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement,to the extent allowed and required by law.
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16
g. As required by 2 C.F.R. §200318(c)(1), the Sub-Recipient shall"maintain written
standards of conduct covering conflicts of interest and governing the actions of its-employees engaged in
the-selection, award and administration of contracts."
h. As required by 2 C F.R. §200.319(a), the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full and open competition." Accordingly,the
Sub-Recipient shall not:
i. Place unreasonable requirements on firms in order for them to qualify to do
0
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
U)
contracts;
V. Authorize, condone,or ignore organizational conflicts of interest;
0
vi. Specify only a brand name product without allowing vendors to offer an 0
0
equivalent;
4-
vii. Specify a brand name product instead of describing the performance, 0
specifications, or other relevant requirements that pertain to the commodity or service solicited by the g
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid,or request for
proposals. 0
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage"otherwise,the Sub-Recipient,as required by 2 CIF R. §200.319(b), shall not use a
geographic preference when procuring commodities or-services under this Agreement.
j. The Sub-Recipient shall conduct any procurement involving invitations to bid(i.e. 0
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as=section 287.057(1)(a), Florida Statutes.
-k_ The Sub=Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals)in accordance with 2 C.F.R-.§20u.320(d)as-well as-section 287.057(1)(b),
Florida-Statutes.
I. For each subcontract, the Sub-Recipient=shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise,as defined in Section 288,703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R.§200.321
("Contracting with small and minority businesses,women's business enterprises, and labor surplus area
firms').
(19)AnACt tMENTS
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D.4.a
17
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments,the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments: 0
L Exhibit 1 -Funding Sources
ii. Attachment A—Budget and Project list
0
iii. Attachment B—Scope of Work,Deliverables, and Financial Consequences I-
iv. Attachment C—Certification Regarding Debarment
v. Attachment D—Designation of Authority
vi. Attachment E—Statement of Assurances
vii. Attachment F—Election to Participate in PA Alternative Procedures(PAAP)
U)
viii. Attachment G—Public-Assistance Program Guidance
ix. Attachment H—FFATA Reporting
0
X. Attachment I—Mandatory Contract Provisions 0
0
xi. Attachment J—DHS OIG-Audit Issues and Acknowledgement
A. Attachment K—Justification of Advance Payment
(20)PAYMEN'TS g
a. Any advance payment under this Agreement is subject to 2 C.F,R. §200,305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account unless otherwise governed by program specific waiver. If an advance payment is
requested, the budget data on which the request is based and-a justification statement shall be submitted
along with this agreement at the time of execution by completing Attachment K—Justification of Advance
Payment. The request will specify the amount of advance payment needed and provide an explanation-of 'a
the necessity for and-proposed use of these funds. Any advance funds not expended within the first
ninety(90) days of the contract term-must be returned to the Division Cashier within (30) days, along with
any-interest-earned on the advance. No-advance shall be accepted for processing if a reimbursement has 0
been paid prior to the submittal of a request for advanced payment. After the.-initial advance, if any,
payment-shall be-made-on a reimbursement basis as needed.
b. invoices shall-be submitted at-least quar!erlyand shall include the supporting
documentation,for all costs of the project or services. The-final invoice shall be submitted within thirty(30)
days after the expiration date of the agreement or completion of applicable Project,whichever occurs first.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to
the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph
(12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting,the State Chief
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D.4.a
18
Financial Officer or under subparagraph(9)b, of this Agreement, all obligations on the part of the Division
to make-any further payment of funds shall terminate, and the-Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
(21)1 E1��!YMENTS 2
a. All refunds or repayments due to-the Division under this agreement,subject to the 0
exhaustion of appeals, are due no later than thirty(30)days from notification by the Division of funds due.
FEMA only allows thirty(30)days from deobligation for the funds to be repaid before it will refer the
amount to the FEMA Finance Center(FFC)for collection. I-
0
b. The Sub-Recipient understands and agrees that the Recipient may offset funds due
and payable to the Sub-Recipient until the debt to the State is satisfied. In such event,the Recipient will
notify the Sub-Recipient via the entry of notes in FloridaPA,org.
c. All refunds or repayments due-to the Division under this Agreement are to be made U)
payable to the order of"Division of Emergency ManagemeriV,and mailed directly to the following
address:
0
Division of Emergency Management 0
0
Cashier
4-
2555-Shumard Oak Boulevard 0
Tallahassee FL 32399-2100 g
d. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is �
returned-to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15,00 or 5%
of the face amount of the returned check or draft,whichever is greater.
(22)MANDATED CQNDIT10NS
a. The validity of this Agreement is subject to the truth and accuracy of all the 0
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement; a
in any later-submission or response to a Division request,or in any submission or response to fulfill the
requirements of this Agreement. All-of said information, representations, and materials are incorporated
by reference The inaccuracy of the submissions or any material-changes shall,at the option of the 0
Division and with thirty days written notice-to the Sub-Recipient, cause the termination of this Agreement
and the-release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed-under the laws of the State7of Florida,and venue E
0
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any-applicable statute or rule, or isunenforceable,then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval-granted to the Division under the terms of this
Agreement shall survive the term of this Agreement,
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19
d. The=Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336-1 42 U.S.C. Section 12101 et seg. ;;which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations,transportation, State and local
government services,and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a 0
public entity crime or on the discriminat vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
0
construction or repair of a public building or public work, may not submit bids on leases of real property to E
a public entity, may not be awarded or perform work as a contractor, supplier,subcontractor, or
consultant under a contract with a public entity,and may not transact business with any public entity in
excess of$25.000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Sub-Recipient which receives funds under this Agreement from the federal
governmeni,_certifies, to the best of its knowledge and belief,that it and its principals: C
0
i. Are not presently debarred, suspended, proposed for debarment, declared 0
0
ineligible, or voluntarily excluded from covered transactions by a iederai department or agency;
4-
ii. Have not,within.-a five-year period preceding this proposal been convicted of o
C
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, g
attempting to obtain,or performing a public(federal,state or local)transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,
bribery,falsification or destruction of records,making false statements, or receiving stolen property;
iii, Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity(federal,state or local)with commission of any offenses enumerated in paragraph
(22)f. ii. of this certification; and,
iv, -Have not within a five-year Deriod preceding this Agreement had one or more
public transactions (federal, state or local)terminated for cause or default.
g. If-the Sub-Recipient is unable tocertify to any of the statements in this certification; 0
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition,the Sub-Recipient shall send to the Division (by email or by
C
facsimile transmission)t1he completed "Certification Regarding Debarment,Suspension, M
Ineligibility And Voluntary Exclusion" (Attachment C)for the Sub-Recipient-agency and each
intended subcontractor which Sub-Recipient plans to fund under this Agreement. The form must
be received by the Division before-the Sub-Recipient enters into a contract with any
subcontractor.
0
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
Packet Pg. 1026
D.4.a
?0
provisions of-Chapter 119, Florida Statutes, which-the Sub-Recipient created or received under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned-to the Division or be-applied against the
Division's obligation to pay the contract amount unless otherwise governed by program specific waiver.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment
0
provisions contained In 8 U._S,C. Section 1324a(e) [Section 2TT4A(e)of the Immigration and Nationality Act E
("INA")). The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division. 3
U)
I. All unmanufactured and manufactured articles, materials and supplies which are
-acquired for public use under this Agreement must have been produced in the United Stales as required
0
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost, 0
0
(23)LOBBYING PROHIBITION
a. -2 C.F.R. §200.450 prohibits reimbursement-for costs associated with-certain lobbying
activities. o
b. Section 216.347, Florida Statutes, prohibits"any disbursement of-grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit-the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch,or a state agency."
c. No funds or other resources received from the Division under this Agreement maybe
0
used directly or indirectly to influences legislation or any other official--action by the-Florida Legislature-or
any state agency.
d. The Sub-Recipient certifies, by its signature to this-Agreement, that to the best of his
or her knowledge and belief, as
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of arty agency,-a Member of Congress, an officerDr employee of Congress,or an employee of
a Member of Congress 1n connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the-entering into of any cooperative agreement, and the
extension, continuation, ranewal,amendment or modification of any Federal contract,grant, loan or
cooperative agreement.
ii, If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in
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D.4.a
21
connection with this Federal contract, grant, loan or cooperative agreement,the Sub-Recipient shall
complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its
instructions.
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards at all tiers(including subcontracts, subgrants,and contracts under
grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose
accordingly.
0
iv. This certification is a material representation of fact upon which reliance was E
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not _
more than$100.000 for each such failure.
U)
124)COPYRIGHL PATENT AND LEAD IAA RK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
0
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY 0
0
RESERVED TO THE-STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
4-
OR IN CONNECTION-WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY o
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patentor copyright, the Sub-Recipient shall
retain all rights and entitlements to that-pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement,or In any way connected with it,the Sub-Recipient shall refer
-the discovery or inventioti-to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films,-or other copyrightable
-material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in 0
connection with the-performance under thls Agreement are transferred by the Sub-Recipient to the State U)
of Florida,
c. Within thirty(30)days-of execution of this Agreement, the Sub-Recipient shall �
disclose all intellectual properties relating to the performance of this Agreement which he or she knows or
should know could give rise to a patent orcopyright. The Sub-Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate
that no such property-exists. The Division shall then, under Paragraph(24)b„ have the right to all
patents and copyrights which accrue during performance of the Agreement
d. If the Sub-Recipient qualifies as a state university under Florida law,then, pursuant
to section 1004.23, Florida Statutes,any invention conceived exclusively by the employees of the Sub-
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22
Recipient shall become the-sole property of the Sub-Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
12
or trademarked work products,developed solely by the Sub-Recipient, under this Agreement,for Florida 0
government purposes.
(2b) GAL AUTht RL' TlON.
The Sub-Recipient certifies that it has the legal authority to receive the funds under this E
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
(26) _OUAL OPPORTUNITY EMPLOYMENT
U)
a. In accordance with-41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
0
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in 0
0
part with-funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance,or guarantee, or undertaken pursuant to any
C
Federal program involving-such grant, contract,Loan, insurance,or guarantee, the fallowing equal g
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or
applicant for employment because-of race,color, religion, sex, or M
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during 0
employment without regard to their race, color, religion, sex,or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading,demotion,or transfer;recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
x
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 providedsetting-forth the
provisions of this nondiscrimination clause.
C
ii. The contractor will, in all solicitations or advertisements for M
employees placed by or on behalf of the-contractor, state that all
qualified applicants will receive considerations for employment without
regard to race,-color, religion, sex,or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor 0
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment_
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iv. The contractor Dili comply with all provisions of Executive Order
11246 of September 24, 1965, and-of the rules; regulations, and relevant
orders of the Secretary of Labor.
C
0
V. The contractor will furnish all information and reports required-by
-Executive Order 11246 of September 24, 1965,and by rules,
regulations,and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records,and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
I-
0
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations,or orders, this contract may be canceled,terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted 3
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies-invoked-as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the 0
Secretary of Labor,or as otherwise provided by law. o
3
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1)and the provisions of paragraphs
(1)through(7)in every subcontract or purchase order-unless exempted g
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be-binding upon each subcontractor or vendor. The
contractor will take-such action with respect to any subcontract or
purchase order as the_administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of U
such direction by the administering agency-the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work. provided, that if-the applicant so participating is a State or local government,the above equal
n
opportunity clauae is not applicable to any agency, instrumentality or subdivision of such government
M
which does-not participate-in work on or under the contract. E
c. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering-agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations,and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such 0
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
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d. The Sub-Recipient further agrees that it will refrain from entering into-any contractor
contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
0
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the 0
administering agency or the Secretary of Labor pursuant to Part ll, Subpart D of the Executive order. In
addition,the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings,the
administering agency may take any or all of the following actions: cancel, terminate,or suspend in,,whole I-
0
or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub-Recipient; and refer the case to the _
Department of Justice for appropriate legal-proceedings.
U)
(27)QQEEIAND ANTI-KICKBACK ACT �
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
0
incorporate or cause to be incorporated into any contract for construction work,or modification thereof, 0
0
the following clause:
4-
i. Contractor. The contractor shall comply with 18 U.S,C, §874, o
40 U.S.C.§3145, and the requirements of-29 C.F.R. pt. 3 as may be
applicable, which ar(-incorporated by reference into this contract.
ii_ Subcontracts. The contractor or subcontractor shall-insert-in any
subcontracts the clause above and such other clauses as the-FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime-contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract o
clauses.
W, Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §5.12.
(28)CONTRACT t31 i It Ut S htD SAFETY STf1NDARb5
U)
If the Sub-Recipient, with the funds authorized by this Agreement,enters into a contract
that exceeds$100,000 and involves the employment of mechanics or laborers, then any such contract M
must include a provision for compliance-with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations(29 CFR Part 5). Under 40 U.S.C, 3702 of the Act,each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of forty(40)
hours. Work in excess of the standard work week is permissible provided that the worker is compensated
C
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 0
(40)hours in the work week. The requirements of 40 U,S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous,. These requirements do not apply to the
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25
purchases of supplies or materials or articles-ordinarily available on the open-market, or contracts For
transportation.
(29)CLEA I AIR ACT AND THE FEDERA ATER POLLUTION N CONTR ACT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract
that exceeds -h Beds$150,D00, then any such contract must-include-the►he following provision: as
Contractor agrees to comply with all applicable standards_
orders or
regulations issued pursuant
to the Clean Air Act(42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended(33 U.S.C.
1251-1387),and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency(EPA).
(30)SU PENSION AN12 DEBARMENT
Per 2 C.F.R. 200.213 Suspension and debarment, non-Federal entities am subject to the
non-procurement debarment and suspension regulations implementing Executive Orders 12549 and
12689,2 C.F.R.part 180, These regulations restrict awards, subawards,and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
0
assistance programs or activities. 0
0
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions,-
I. This contract is a covered transaction for purposes of 2 C_F.R. g
pt. 180 and-2 C.FR. pt. 3000, As such the contractoris required to
verify that none of the contractor, its principals-(defined at C.F.R. §
180.995), or its affiliates(defined at 2 C.F.R. § 1-80.905)are excluded
(defined at 2 C.F.R. §180.940)or disqualified(defined at 2 C.F.R. §
180,935).
ii. The contractor must comply with 2 C.F.R, pt. 180, subpart C and
2 C.F.R.pt. 3000,subpart C and must include a requirement to comply o
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not omply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the-Federal Government
0
may pursue available remedies, including but.not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C;FR.-pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer farther agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI-LOgPYING AMEN MENT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause: o
Byrd Anti-Lobbying Amendment.,31 U.S.C. § 1352(as amended).
Contractors who apply or bid for an award of$100,000 or more shall file
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26
the required certification, Each tier certifies to the-tier above that it will
not and-has not-used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
0
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non- �
Federal funds that takes place in connection with obtaining any Federal E
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(32)CO TRACT`ING WITH SMALL AND MINORITY BUSINESSES.WOMEN'S BUSIN SS
FNTEIIRISES' AMID I.ABIR S R I-US AR A FIRMS
a. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever ossible:
i. placing qualified small and minority businesses and women's business-
0
enterprises on solicitation lists; 0
3
ii_ Assuring that small and minority businesses,and women's business
0
enterprises are solicited whenever they are potential sources;
0
iti. Dividing total requirements,Ahen economicallv feasible, into smaller tasks or
quantities to permit maximum participation by small and-rrminority businesses, and women's business
enterprises;
iv. Establishing delivery schedules,where the re uirement Permits,which �
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance,gs a ro ri lle, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce;-and �
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs I. through v. of this subparagraph.
b. The requirement outlined in subparagraph a.above, sometimes referred to as
"socioeconomic contracting,"does not impose an obligation to set-aside either the solicitation or award-of
a-contract to-these types of firms. Rather,the requirement only imposes an obligation to carry out and E
rtocument the six affirmative steps identified above.
c, The"socioeconomic contracting"requirement outlines the affirmative steps that the
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d, The requirement to divide total requirements,when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does-not authorize the Sub-Recipient to break a single project down into
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D.4.a
27
smaller components in order to circumvent the micro-purchase or-small purchase thresholds so as to
utilize streamlined=-acquisition procedures(e.g.'project splitting").
(33)A aSURANCES.
The Sub-Recipient-shall-comply with any Statement of Assurances incorporated as
Attachment-E. 0
0
L_
0
a
C
0
0
0
3
4-
0
C
C
0
U)
C
M
C
0
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IN WITNESS WHEREOF,the parties hereto have xe6ut6dJhjs Agreements
y'
0
SUB-RECIPIENT:MON OE COLINTY T
t.
OOK
CLERK E
By:.
Name and title'. °► �+G� M,a �' DEKM E 6
Date;
FElD#59-6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
0
0
0
By 3
4-
Name and Title:Wesley Maul, Director o
0
Date,,, 2
0
MONROE COUNTY ATTORNEY �
AI I+ 0 t:0 AS T FORM:
- as
CFEt.STCNE LTM ERT-t3A:tUt&S
ASStSTANT COIJUN TTORNEY
DATE:
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EXHIBIT—7
0
THE FOLLOWING-FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
0
Federal Program I-
0
Federal agency: Federal Emergency Management Agency: Public Assistance Program
Catalog of Federal Domestic Assistance: 97.036
Amount of Federal Funding: $2.858,535-94
a
U)
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
0
2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
• 44 C.F.R. Part 206
a The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,as
amended, 42 U.S,C.5121 et seq.,and Related Authorities g
a FEMA Public Assistance Program and Policy Guide, 2017(in effect for incidents declared on or
after April 1, 2017)
Federal Program:
1. Sub-Recipient is-to-use funding to perform eligible activities in accordance with the Public
Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is
classified into the following categories:
Emergency Work
Category A: Debris Removal
Category B: Emergency Protective Measures
Permanent Work
Category-C: Roads and Bridges 0
Category D: Water Control Facilities 2
Category E, Public Buildings and Contents U)
Category F: Public Utilities
Category G: Parks, Recreational, and other Facilities
0
2, Sub-Recipient is subject to all administrative and financial requirements-as set forth in this
Agreement, or will be-in violation of the terms of the Agreement.
NOTE:Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs-and State Projects included on pg. 1 of this subgrani
agreement and in Exhibit 1 be provided to the Sub-Recipient.
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30
Attachment A
Budget and Project List
Ayftek
0
The Budget of this Agreement is initially determined by the amount of any Project Worksheets)(PW)that
the Federal Emergency Management Administration(FEMA) has obligated for a Sub-Recipient at the
time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this
Agreement, The PW(s)that have been obligated are;
DR-4337 Sub-Recipient: M NROE COUNTY 0
#W Cat Project Title Estimated
timatedW _ Fed Sederal State Local Total Funding
are Share Share
22 0 t3 Forca Account $2,667,613.65 iQQ`Y 13.65 0 0 $2,667 613.65 �
Labor first 30
days
B Fire. $106,46�`.. _„, .� ..___......_.�..._....�. __m.. � _ a®
F' S.29 f00•� $106,4fi5,25 0 0 S106,465.29
,escue
Medical
Supplies
41(0) S Temporary - $fi0,949 50 100% $60,949 50 0 0 $60,949 50
Sanitary o
Facilities 0
0
Renials for 100
3
8(0) ._�... -- 100%
Temporary $23,507.50 $23,50750 0 0 $2?,507,50 ._.m_.
fence
2
c�
a®
c�
0
X
..... - 2
U)
_r
-
DR-4337 Total $2,858,535.94 _
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Attachment B
SCOPE-OF WORK,DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope o Warr)
Complete eligible Projects for emergency protective measures, debris removal,repair or replacement of 0
Disaster damaged facilities.
When FEMA has obligated funding for a Sub-Recipient's PW,the Division notifies the Sub-Recipient with o
a copy of the PW(or P2 Report), A Sub-Recipient may receive more than one PW and each will contain
a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as
necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will
be monitored,completed and reimbursed independently of the other Projects which are made part
of this Agreement.
a
U)
Deliverables
Large Projects
Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large 0
Project costs shall be based on the percentage of completion of the individual Project,Any request for 3
reimbursement shall provide adequate, well organized and complete source documentation to support all
costs related to-the Project, and shall-be clearly identified by the Project-Number as generated by FEMA.
Requests which do not conform will be returned to the-Sub-Recipient prior to acceptance for payment.
Reimbursement up to 95%of the total eligible amount will be paid upon acceptance and contingent upon.-
2
• Timely submission of Quarterly Reports(due 30 days after end of each quarter),
• Timely submission of invoices (Requests for Reimbursement)at least quarterly and supported by -~
documentation for all costs of the project or services. The final invoice shall be submitted within
sixty(60) days after the expiration of the agreement or completion of the project,whichever
occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices
shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly
reporting as referenced in Paragraph-7 of this agreement.
• Timely submission of Request for Final Inspection (within ninety(90)days of project completion—
for each project).
• Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA)forms G702
and G703, as required below. W
* A.Affidavit,The Recipient is required to submit-an Affidavit signed by the Recipient's
project personnel with each reimbursement request attesting to the following--the
percentage of completion of the work that the reimbursement request represents,that
disbursements-or payments were made in accordance with all of the-Agreement and-
regulatory conditions,and that reimbursement is due and has not been previously
requested.
B. AIA Forms G702 and G703-Ror construction projects where an-architectural,
engineering or construction management firm providesconstruction administration
services, the Recipient shall provide a copy of the American Institute of Architects(AIA)
form G702,Application and Certification for Payment,or a comparable form approved by
the Division,signed by the contractor and inspection/certifying architect or engineer, and
a copy of form G703, Continuation Sheet, or a comparable form approved by the
Division.
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3
Five percent(5%)of the total eligible amount(including Federal,state and local shares)will-lie withheld
from payment until the final Request for Reimbursement(or backup far advance-expenditure)has been
verified as acceptable by the Division's grant manager,which must include dated certification that the
Project is 100%complete. Further, all-required documentation must be available in FloridaP'A.org prior to
release of final 5%,to Include permits,policies&procedures, procurement and insurance documents.
Small Prpiects
Small projects will be paid upon obligation of the Project Worksheet. Sub-Recipient must initiate the E
Small Project Closeout in FloddaPA.org within 30 days of completion of the project work,or no later than
the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA,org,
selecting the Sub-Recipient's account,,then seiecting"Create New Request', and selecting 'blew Small
Project CompletionlCloseout'. Complete the form and'Save'. The final action is to Advance the form to
the next queue for review.
Financial Cons uences:
For-any Project(PW)that-the Sub-Recipient fails to complete in compliance with Federal,state and local
requirements,the Division shall withhold a portion of the funding up to the full amount. Any funds
advanced-to the Sub-Recipient will be due back to the Division. 0
0
0
0
3
4-
0
0
0
x
4)
U)
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Attachment C
CERTIFICATION REGARDING-DEBARMENT,.SUSPENSION,INELIGIBILITY
and VOLUNTARY-EXCLUSION
0
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient, certifies, by submission of
this document,that neither it nor its principals is presently debarred, suspended, proposed for
debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(T) Where the Sub-recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
y; o
N � " ecipient s Name
w
Name a d Title
.m �..,a. � DEM Contract Number ..ww�. 0
4b L
_. _� ... mm.m .._. ...
Street Address-- FEMA Project Number
City, ate, Zip .�
ca
0
x
0
U)
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Attachment D
DESIGNATION OF AUTHORITY
The Designation of Authority Form is submitted with each new disaster or emergency declaration to 0
provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access-the FloridaPA.org
system in order to enter notes, review notes and documents, and submit the documentation necessary to
work the new event.The Designation of Authority Form is originally submitted as Attachment"D"to the PA
Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate
contact should review the agency contacts at least quarterly. The Authorized Representative can request
a change in contacts via email to the state team, a note should be entered in FloridaPA.org if the list is o
correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency.A
new form will only be needed if all authorized representatives have separated from your agency. Note that
if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not
included-on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the
system, not supplemented.All users must log in on a monthly basis to keep their accounts from becoming
locked.
a
U)
Instructions for Completion
Complete the form in its entirety,listing the name and information for all representatives who will be working 0
in the FloridaPA.org Grant Management System. Users will be notified via email when they have been o
granted access.The user must log in to the FloridaPA.org system within 12 hours of being notified or their
account will lock them out. Each user must log in within a 60-day time period or their account will lock them
out. In the event you try to log in and your account is locked, submit a ticket using the Access Request-link
on the home page:
The form is divided into twelve blocks; each block must be completed where appropriate,
Block 1:"Authorized Agent"—This-should be the highest authority in your organization who is authorized
to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this
person will have full access/authority unless otherwise requested).
Block 2: "Primary Agent" — This is the person designated by your organization to receive all
correspondence and is our main point of contact.This contact will be,responsiblefor answering questions,
uploading documents, and submitting reports/requests in FloddaPA,org, The Primary Agent is usually not
the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities.
(Only one Primary Agent is allowed and this contact will have full access).
Block 3: "Alternate Agent"—This is the person designated by your organization to we available when-the
Primary is not.(Only one Alternate Agent is allowed and thiscontact will have full access)_
Block-d, 5,and 6: "Other" (Finance/Noint of Cont-act, Risk Management-Insurance, and Environmental-
-Historic), Providing these contacts is essential An the coordination and communication required between
state and local subject matter experts. We understand that the same agent may be identified in multiple
blocks, however we ask that you enter the name and information again to ensure-we are communicating
with the correct individuals.
Block 7—12,"Other"(Read Only Access)—There is no limit on"Other'contacts but we ask that this be
restricted to those that are going to actually need to log in and have a role in reviewing the information.
This designation is only for situational awareness purposes as individuals with the"Other Read-Only" E
designation cannot take any action in FloridaPA.org.
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DESIG\A T ION OF AUTI IOIZIn'(AGENTS)
FEiNIM ANTES PtIBLIC ASSISTANCE PROGIIUM
U'LORIDA DIVISION OF EivIERGENCY AMANAGEMENT
Sub-Grantee:
Box I: Authorized A ent(Full Access) Box 2: Primary Agent(Full Access)
Agent's Name Agent's Name
Ste-nature Signature E
2
Organization I O1Ticial Posiuon Organization P Official Position 'a
O
Mailing Address Mailing Addres4
I-
Cit_r•,State;Zip City,State,Zip
Daytime Telephone Da}time Telephone
E-mail Address E-mail Address
Box 3: Alternate Agent(Full Access.) Box 4: O(her-Finance/Point of Contact(Full Access) U)
Agent's Name Official's Name
Signature Signature 0
Organization Official Position Organization;Official Position
Mailing Address Mailing Address
City,Sear,lip City,Statc,Zip O
m
Daytime Telephone Di time Telephone
E.mad Address E-mail Address m
Box S: Other-Risk l%Igmt=Insurance(Full Access) Box 6. Other-Environmental-Historic(Full Access) ca
Agent's Name Agent's Name
Signature Signature O
Organization I Official-Position Organization f Officia!Position
Mating A.'dress Mailing Address- O
City.State,Zip City,Stale,Zip
-Daytime Telephone Daytime Telephone
rye
E-mail Address E-mail Address
The above Primary,and Alternate Agents are hereby authorized to execute and file an Application for,Public Assistance on bclialf of the Sub-gmnlee For the m
purpose oEDbtaming certain Grantee-and Federal financial assistance under the Robert T-Stafford Disaster Relief�C Emergency Assistance Act,(Public Lars' E
43-289as amended)or othmvise available.These agents are authorized to represent and act for-the Sub-Grantee mall dealings with the State of Florida,
Grantee,fair all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-gramee Additional contacts may be
placed on page 2 of this document for read only access by the above Authorized Agents
. ... .
Sub-Cruatcc Authorized.lgcat 5igaaturc �
_.w .W .. _.._... ....... --------
-_ c y
Date
Packet Pg. 1042
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36
I)ESI+GNATION'OF AUTHORITY(AGENTS)
FEM-AIGRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY i\1ANNAC,I'ux'4lqryNT
Sub-Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Read Oniz Access)
Agent's Name Agent's Name
Signature Signature E
Organization/Official Position Organization/Official Position
Mailing Address Mailing Address E
O
Cily,State,Zip City,State,Zip '-
Daytime Telephone Daytime Telephone
-E-mail Address E-mail Address
Box 9: Other (Read Only Access) Box 10: Other (Read Onl3,Access)
O
Agent's Name Official's Name
Signature Signature 0
O
Organization/Official Position Organization/Official Position
Mailing Address l:ailing Address
City,Stale,Zip City.State,Zip
Daytime Telephone Dal-lime Telephone 2
E-mail Address E-mail Address
Box 11: Other (Read Only Access) Box 12: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature O
Organization/Official Position Organization 1 Official Position
Mailing Address Mailing Address Ca
Cily,Stale,Zip City,State,Zip _ Qs
O
Daytime Telephone Daytime Telephone
[-mail Address E-mail Address
to
Sub Grantee's Fi
scal Year(FY)Start: Month: Day:
Sub-Grantee's Federal l rnplriy ees identification Numtxr(EIN) LL
-
h
ran1ve Ct) ,niravl.Agency for Single Audit-Purposes I Iorida Division stI°i'rru�r^cute C Iona crncnt
Sub G rantees G.. -��.. .�_ �... .
Sub-Granlce's: F1PSNumber(lFKnown) - -
NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain clTcient communication and continuily
throughout staff turnover Updates may be made by email to the state team assigned to your account A new form will only be needed if all
authorized representaltves have separated from your agency,Be airare that submitting a new•Designation of Authority affects the contacts that liar a c�
been listed on previous Designation forms in that the information in FloridaPA org will be updated and the contacts listed above will replace,not
supplement,(he contacts on the previous list
Rev 09-D9-2017 DISCARD PRE\'IOUs VERSIONS
Packet Pg. 1043
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37
Attachment E
STATEMENT OF ASSURANCES
1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies,
guidelines, and requirements,including but not limited to OMB Circulars No.A 21,A-87,A-110,A-
122, and A-128; E.O. 12372;and Uniform Administrative Requirements,Cost Principles, and Audit E
Requirements for Federal Awards, 2 C.F.R. Part 200;that govern the application, acceptance and
use of Federal funds for this Federally-assisted project.
0
2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient
assures and certifies that:
a. It possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action has been duly adopted
or passed as an official act of the Sub-Recipient's governing body,authorizing-the filing
of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the Sub-
Recpient to act in connection with the application and to provide such additional
information as may be required.
b. -To-the best of its knowledge-and belief the disaster relief work described on each 0
Federal Emergency Management Agency (FEMA) Project Application for which o
Federal Financial assistance is-requested is eligible in accordance with the criteria
contained in 44 C.F,R. §206, and-applicable FEMA policy documents.
c. The emergency or disaster relief work therein described for which Federal Assistance
is requested hereunder does not, or will not, duplicate benefits available for the same
loss from another source.
3) The Sub-Recipient further assures it will;
a, Have sufficient funds available to meet the non-Federal share of the cost for
construction projects.Sufficient funds will be available when construction is completed
to assure effective operation ,and maintenance of the facility for the- purpose
constructed,and if not it will request a waiver from the Governor to cover the cost. U
b, Refrain from entering into a_construction contract(s)for the project or undertake other a
activities until the conditions of the grant program(s) have been met, all contracts meet
Federal, State, and local regulations.
c. Provide and maintain competent and adequate architectural engineering supervision
and inspection-at the construction site to ensure that the completed work conforms to 0
the approved plans and specifications,and will furnish progress reports and such other
information as the Federal grantor agency may need.
d. Cause work on the project-to be commenced within a--reasonable time after receipt of
notification from the approving-Federal agency that funds have been approved and will E
see that work on the project-will be done to completion with reasonable diligence.
e, Not dispose of or encumber its title or other-interests in the site and facilities during the
period of Federal interest or while the Government holds bonds, whichever is longer.
f. Provide without cost to the United States and the Grantee/Recipient all lands, .j
easements and rights-of-way necessary for accomplishment of the approved work and
will also hold and save the United States and the Grantee/Recipient free from damages
due to the approved work or Federal funding.
g. Establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
Packet Pg. 1044
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38
themselves or others,particularly those with whom they have family,business,or other
ties.
h. Assist the Federal grantor agency in its-compliance with Section 106 of the National
Historic Preservation Act o1-1966 as amended, Executive Order 11593, and the g
Archeological and Historical Preservation Act oil 966 by:
is consulting with the State Historic Preservation Officer on the conduct of
Investigations, as necessary, to identify properties listed in or eligible for
inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties;and
I-
ii. by complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
i. Give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers, or
documents related to the grant. 3
U)
j. With respect to demolition activities:
i. create and make available documentation sufficient to demonstrate that the
Sub-Recipient and its demolition contractor have sufficient manpower and 0
equipment to comply with the obligations as outlined in this Agreement; o
ii, return the property to its natural state as though no improvements had been
contained thereon:.
iii, furnish documentation of all qualified personnel, licenses, and all equipment g
necessary-to inspect buildings located in Sub-Recipient's jurisdiction to detect
the presence of asbestos and lead in accordance with requirements of the U,S_
Environmental Protection Agency, the Florida Department of Environmental
Protection, and the appropriate County Health Department;
iv, provide documentation of-the inspection results for each structure to indicate
safety hazards present, health hazards present, and/or hazardous materials
present;
0
v. provide supervision_over contractors or employees employed bey the Sub-
Recipient to remove asbestos- and lead from demolished or otherwise
applicable structures;
vi, leave the demolished site clean, level, and free of debris;
vii, notify the Grantee/Recipient promptly of any unusual existing condition which
hampers the contractors work; U)
viii. obtain all required permits;
ix. provide addresses-and marked maps for each site where water wells and
septic-tanks are to be closed, along witlrthe number of wells and septic tanks
located- n each site, and provide documentation of such closures;
x. comply with mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act;
xi. comply with all applicable standards, orders, or requirements issued under
Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act;
Executive Order i 1738, and the U.S. Environmental Protection Agency
regulations. (This clause must be added to any subcontracts);and
xii. provide documentation of public notices for demolition activities,
Packet Pg. 1045
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39
k. Require facilities to be designed to comply with the"American Standard Specifications
for Making Buildings and- Facilities Accessible to, and Usable by the Physically
Handicapped," Number A117.1-1961, as modified. The Sub-Recipient will be
responsible for conducting inspections to ensure compliance with these specifications
by the contractor.
I, Provide an Equal Employment-Opportunity Program,if required to maintain one,where
the application is for$500,000 N or more.
m. Return overpaid funds within the forty-five(45) day requirement, and if unable to pay
within the required time period, begin working with the Grantee/Recipient in good faith
to agree upon a repayment date.
I-
n. In the event a Federal or State court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing on the Grounds of race, color,
religion, national origin,sex,or disability against a recipient of funds,forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
4) The Sub-Recipient agrees it will comply with the: 3
U)
a. Requirements of all provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 which provides for fair and equitable treatment of
persons displaced as a result of Federal and Federally-assisted programs.
0
b. Provisions of Federal law found at 5 U.S.C. § 1501,et.seq.which limit certain political
activities of employees of a State or local unit of government whose principal 3
employment is in connection with an activity financed in whole or in part by Federal
grants, r_
g
c. Provisions of 18 U,S.C. §s 594, 598, and 600-605 relating to elections, relief
appropriations, and employment, contributions, and solicitations.
d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards
Act.
e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and
laborers (including watchmen and guards) employed on Federally assisted contracts
be paid wages of not less than one and one-half times their basic wage rates for all
hours worked in excess of forty hours in a work week. t3
f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least
the minimum prescribed wage,and also that they-be paid one-and one-half times their
basic wage rates for all hours-worked in excess of the prescribed work-week,
g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs"of
wages in Federally financed or assisted construction activities.
U)
h. Requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements,and other administrative requirements, It
further agrees to ensure that the-facilities under its ownership, lease or supervision
which are utilized- in the accomplishment of the project are not listed on the as
Environmental Protection Agency's(EPA)list of Violating-Facilities and that it will notify
the Federal grantor agency of the receipt of any communication from the Director of
the EPA Office of Federal Activities indicating that a facility to be used in the project is
under-consideration for listing by the EPA.
L Flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, which requires that on and after March 2, 1975, the purchase
of flood insurance in communities where such insurance is available, as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards.The phrase
Packet Pg. 1046
D.4.a
40
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment,rebate,subsidy,disaster assistance loan or grant,or any other form of direct
or indirect_Federal assistance.
j, Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other o
insurance as may be reasonable, adequate, and necessary to protect against furihP1-
loss to any property which was replaced, restored, repaired, or constructed with this
assistance. Note that FEMA provides a mechanism to modify this insurance
requirement by filing a request for an insurance commissioner certification(ICC). The
state's insurance commissioner cannot waive Federal insurance requirements but may
certify the types and extent of insurance reasonable to protect against future loss to an o
insurable facility.
0
k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act,as appropriate;the provisions.of the current edition of the Office
of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all
other applicable Federal laws, orders, circulars, or regulations, and assure the
compliance of all its Sub-Recipients and contractors.
1, Provisions of 28 C.F_R,applicable to grants and cooperative agreements including Part
18,Administrative Review Procedure; Part 20, Criminal Justice Information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical information; Part 23, 0
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review 3
of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to .2
Federal Assistance Programs.
m. Lead-Based Paint Poison Prevention Act-which prohibits the use-of lead based paint
in construction of rehabilitation or residential structures.
n. Energy Policy and Conservation Act and the provisions of the State Energy
Conservation Plan adopted pursuant-thereto.
o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act 0
of 1968. as amended, or Victims of Crime Act (as appropriate); Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with
Disabilities Act(ADA)(1990);Yitle IX of the Education Amendments of 1972; the Age
Discrimination Act-.of 1975;Department of Justice Non-Discrimination Regulations;and
Department of Justice regulations on disability discrimination, and assure the
compliance of all its Sub-Recipients and contractors: 0
p, Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of-1964(P.L.--83-
352) which-, in Title VI of the Act,-provides that no person in the United States of
America, GranteeslRecipients shall,on the ground of race,color,or national origin, be
excluded from participation in, be denied the benefits of, or-be otherwise subjected to
discrimination under any program or activity for which the Sub-Recipient receives
Federal financial assistance and will immediately take any measures necessary to-
effectuate this-agreement. If any real property or structure is provided or improved with
the aid of Federal financial assistance extended to the Sub-Recipient, this assurance
shall obligate the Sub-Recipient or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits,
q. Provisions of Title IX of the Education Amendments of 1972, as amended which
prohibits discrimination on the basis of gender,
Packet Pg. 1047
D.4.a
41
r. Comprehensive Alcohol Abuse and Alcoholism -Prevention, Treatment -and
Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism.
s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended,
relating to cDnfidentiality of alcohol and drug abuse patient records.
t. Provisions of all appropriate environmental laws, including but notlimited to: 0
i. The Clean Air Act of 1955, as amended;
ii. The Clean Water Act of 1977, as amended;
iii. The Endangered Species Act of 1973; 1-
iv, The Intergovernmental Personnel Act of 1970;
v. Environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969;
vi. The Wild and Scenic [Rivers Act of 1968, related to protecting components or
potential components of the national wild and scenic rivers system;
vii. The Fish and Wildlife Coordination Act of 1958;
viii, Environmental standards which may be prescribed pursuant to the Safe 0
Drinking Water Act of 1974, regarding the protection of underground water o
sources;
ix. The provisions of the Coastal Barrier- Resources Act (P.L. 97-348) dated
October 19, 1982 which prohibits the expenditure of newest Federal funds
within the units of the Coastal Barrier Resources System.
u. The provisions of all Executive Orders including but not limited to:
i„ Executive Order 11246 as amended by Executive Orders 1 1375 and 12086,
and the regulations issued pursuant thereto,which provide that no person shall
be discriminated against on the basis of race; color, religion, sex or national
origin in all phases of employment during the performance of Federal or
Federally assisted constructlon contracts; affirmative action to insure fair
treatment in employment, upgrading, demotion, or transfer: recruitment or
recruitment advertising; layoffitermination, rates of pay or other forms of
compensation; and election for training and apprenticeship,
ii. EO 11514 (NEPA).
iii. EO 11738(violating facilities). W
iv. EO 11988(Floodplain Management),
v. EO-11990(Wetlands).
vi. EO 12898-(Environmental Justice):
5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE
as required-by the Drug-Free Workplace Act of 1988.
Packet Pg. 1048
D.4.a
4
This assurance is given in consideration of and for the purpose-of obtaining Federal-grants, loans,
reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance
extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financiai-
assistance will be extended in reliance on the representations and agreements made in,his Assurance and
that both the United States and the Grantee/Recipient have the joint and several right to seek judicial
enforcement of this assurance.This assurance is binding on the Sub-Recipient,its successors,transferees,
and assignees
FOR THE SUBGRANTEEISUB-RECIPIENT : E
Signature I-
0
Tina loan Sr.. Director i8ud et&Finance 03105/2018
Printed Name and Title Date
a
U)
C
0
0
0
3
4-
0
C
0
C
0
x
0
U)
C
Cu
C
0
Packet Pg. 1049
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Attachment-F
Election of Participation in
Public Assistance Alternative Procedures(PAAP) Pilot Program
0
Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the
Sandy Recovery Improvement Act (Division B of P.L. 113-2), execution of a Supplemental Funding
Agreement covering specific aspects of the Alternative Procedures-Package is required of the Sub-
Recipient prior to the payment of such funds by the State as the Recipient,
0
Payments processed under the Alternative Procedures provisions will be requested as an advance and
are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will,
however,be treated as an advance for purposes of Requests for Reimbursement(RFRs)and satisfaction
of the requirement that
ninety percent(90%)ofpr
eviously advanced funds must be accounted for prior to
receiving
a second advance.
In order to elect to participate in the PAAP program for one of the following options,you must read the 3
Guidance found at Mutt s�Clv+ + .frrra. oylalternative-procedures and then complete the required
documents on the following pages. The documents can be found under the Permanent Work section of
the webpage in editable_pdf format if preferred.
0
PAAP for Debris Removal Date or A R fired Eocuments: 0
0
3
• Public Assistance for Alternative Procedures Pilot Program for Debris Removal
Acknowledgement
https 11www fea a. ov/media-libra , d6t l t 04811965699- g
24d€da9ae3e22d450582563bdb62e0f1/APPENDIX A Revised for limited sCidin scale 8-23-
o
PAAP for Permanent Work +mate ories G-G Re aired documents:
• Fixed SubgrantAgreement Letter
htt s:l/www fema. ov/media-libra -d 1i 388154577585-
398aea786c6aedbd048c371270fd7b22/508 PA Alternative Procedures Pilot Program Perman 0
ent W rk Fixed Sub rant Agreement Letter0/n2012-13-13. df
• Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement
httgs://www.fema.g -d�3, 88155802544-
11629c78f83O8b5c4120deb135460129/PA Alternative Procedures Pulot Pro ram Perranent
Work Acknowledgement 2 1 -13 1 pcf �
U)
All PAAP Related Documents (guides, Fact-Sheets, Standard Operating Procedures, FAQs,Archived C
Docs, etc.)may-be found at: hltos ELL ferna.gov/media-librajOL/a§sets/documents/1 15868 M
0
Note:PAAP Pilot Program Guide ror Debris Removal(Version 5)published June 28, 2017 contains the
following-changes:
The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for
one year to June 27,2018, As part of the extension, FEMA will only authorize the sliding scale provision
in events with significant debris impacts.The other three provisions available under the Pilot remain 0
unchanged.
For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilots sliding scale
provision to high impact incidents that meet the following criteria: high concentration of localized damage;
Packet Pg. 1050
D.4.a
44
large quantities of debris (over$20M or 1.5 million cubic yards);and-disasters declared ve y soon after
the incident(6 days)-to incentivize rapid debris removal.
This guide is applicable to disasters declared on or after June 28;2017.The changes to the sliding scale
provision are applicable to disasters declared on or after-August 28,2017.This version of the pilot o
guide supersedes the previous pilot guide for debris removal(W)which was published June 28,2016.
0
L_
0
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0
0
0
3
4-
0
C
0
C
0
0
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C
M
C
0
Packet Pg. 1051
D.4.a
45
Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013. the Federal Emergency
Management Agency(FEMA) is implementing alternative-procedures for the Public Assistance(PA)
12
Program through a pilot program.
As a representative of the subrecipient,we elect to participate in the following: E
2
o Accelerated Debris Removal-increased Federal cost share(sliding scale)
0
x Recycling Revenue(subrecipient retention of income from debris recycling without a award offset) I-
0
4-
x One-time incentive for a FEMA-accepted debris management plan and identification of at least one
pre-qualified contractor
x Reimbursement of straight time force account labor costs for debris removal
1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its
debris removal subawards>
C
0
2, For the sliding scale,the subrecipient accepts responsibility for any costs related to debris operations 0
after six months from the date of the incident unless, based on extenuating circumstances, FEMA o
3
grants a time extension. ,
0
C
3, The subrecipient acknowledges that FEMA may request joint quantity_evaluations and details g
regarding subrecipient operations necessary to assess the pilot-program procedures.
n. All contracts must comply with local,state,and Federal requirements for procurement, including
provisions of 2 CFR Part 200. -~
5. The subrecipient must comply with all Federal, state and local environmental and historic
preservation laws, regulations,and ordinances. U
6. The Office of Inspector General may audit any subrecipient and/or subaward.
ca
fG1Q"f2015' X
Signaturd of Subrecipient's Authorized Representative Date w
0
U)
Tina Boan.Sr, Director Budggt& Finance
Printed Name and Title C
M
Monroe County
Sub-Recipient Name PA ID Number
o We elect to not participate in the Alternative Procedures for Debris Removal.
C
0
Packet Pg. 1052
D.4.a
46
FIXED SUBGRANT AGREEMENT LETTER
DATE:
0
To Address:
To FEMA: o
As a Public Assistance(PA)Sub-Recipient
(PA ID )„ in accordance with Section 428 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act,we agree to accept a permanent work subgrant based on a fixed
estimate-in the amount of$ for subgrant number {copy attached)
under Disaster# We accept responsibility for all costs above the fixed estimate.
C
0
We understand that by participating in this pilot program we will be reimbursed for allowable costs in 0
0
accordance with 44 CFR§ 1322(b)— Applicable cost principles", the reimbursement will not exceed-the
fixed estimate.We also understand that by agreeing-to this fixed estimate,we will not receive additional
C
funding related to the facilities or sites included in the subgrant.We also acknowledge that failure to g
comply with the requirements of applicable laws and regulations governing assistance provided by FEMA
and the PA alternative-procedures pilot program guidance(such as procurement and contracting;
environmental and historic preservation compliance; an"udit and financial-accountability) may lead to -"
loss of Federal funding.
C
0
Signature of Sub-Recipient's Authorized Representative Date
x
Printed Name and Title 0
U)
C
CU
Signature of Grantee's Authorized Representative Date E
Printed Name and Title
C
0
Packet Pg. 1053
D.4.a
7
Public Assistance Alternative Procedures_Pilot Program for Permanent Work
Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management
Agency(FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a
pilot program.As a representative of the Sub-Recipient, our agency understands the following. 2
1.We plan to participate in the following-elements: E
2
0 Subgrants based on fixed estimates, and as the Sub-Recipient, accept responsibility for costs
above the estimate o
L.
ID Consolidation of multiple fixed subgrants into a single subgrant
C.,
FEMA validation of Sub-Recipient-provided estimates
0 Elimination of reduced eligible funding for alternate projects
U)
D Use of excess funds
0 Review of estimates by an expert panel for projects with a Federal share of$5 million or greater
0
2: The pilot is voluntary,and a Sub-Recipient may participate in alternative procedures for one or more o
3
large project subgrants. ,
0
3, If the Sub-Recipient accepts a fixed subgrant estimate,the Sub-Recipient understands they are
responsible for all costs greater than the fixed amount.
0
4.The-Sub-Recipient agrees to notify the Grantee regarding the specific use of excess funds.
5. All contracts must comply with local,State,-and Federal requirements for procurement, including
provisions of 44 CFR Part 13.
6.The Office of Inspector General may audit any Sub-Recipient and/or subgrant.
7. EHP review must be completed for all subgrants,including cases where new scopes of work would �
require EHP compliance, before the subgrant scope of work is implemented.Failure to comply with this
requirement may lead to loss of Federal funding.
x
8. The Sub-Recipient may submit appeals in accordance with 44 CFR§206.206. However, FEMA will not 0
consider-appeals-solely for-additional-casts on fixed subgrants. 2
U)
Signature of Sub-Recipient's Authorized Representative Date C
Printed Name and Title
Sub-Recipient Name PA ID Number C
0
I: We elect to not participate in the Alternative Procedures for Per,nanent Work.
Packet Pg. 1054
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48
Attachment G
PUBLIC ASSISTANCE PROGRAM-GUIDANCE
g
GRANTEE"SIRECIPIENT"S WEB-BASED PROJECT MANAGEMENT SYSTEM FloridaPA.or �
2
Sub-Recipient s must use the Grantee's/Recipient's web-based project management system,
FloridaPA.org,(available at www.FloridaPA.,org)to access and exchange project information with the State
throughout the project's life.This includes-processing advances,reimbursement requests,quarterly reports, E
final inspection schedules change requests, im s
p g q , t e extensions, and other services a., identified in the o
Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient.
The Sub-Recipient is required to have working knowledge of the FloridaPA.org system,
PRQJFCT DOCUMENTATION 3
U)
The Sub-Recipient must maintain all source documentation supporting the project costs, To facilitate
closeout and audits, the Applicant should file all documentation pertaining to each project with the
corresponding PW as the-permanent record of the project. In order to validate large Project Requests 0
for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org websile, o
Contact the grant manager with questions about how and where to upload documents, and for assistance
linking common documents that apply to more than one(1) PW.
g
The Sub-Recipient must retain sufficient records to show its compliance:with the terms of this Agreement,
including documentation of all program costs, in a form sufficient- to determine compliance with the
requirements and objectives under-this Agreement and all other applicable laws and regulations, for a
period of five(5) years from the date of the Sub-Recipient account closeout by FEMA.
The five(5)year period is extended if any litigation,claim or audit is started before the five(5)year period
expires, and extends beyond the five(5)year period, The records must then be retained until all litigation,
claims, or audit findings involving the records have been resolved.
Records for the disposition of non-expendable personal property valued at$5,000D9 or more at the time it
is acquired must be retained for five(5)years after final account closeout,
Records relating to the acquisition of real property must be retained for five (5) years after final account
closeout,
INTERIM ll'+ISPE CTIOI+I�"S,
ca
-!nlerim Inspections may be requested by the Sub=Recipient,on both small and large projects,to:
i. conduct insurance reconciliations;
ii. review an alternate scope of work;-
iii. review an improved scope of work;and/or
iv. validate scope of work and/or cost.
Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under
the following conditions.
L a quarterly report has not been updated between quarters; E
ii, the Sub-Recipient is not submitting Requests for Reimbursement (RFR's) in a
timely manner,
Packet Pg. 1055
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49
iii. requests for a Time Extension have been made -that exceed the Grantee's/
Recipient's authority to approve; and/or
iv. there are issues or concerns identified by the Recipient that may impact funding
under this agreement.
2
PROJECT RECONCILIATION AND CLOSEOUT
The purpose of closeout is for the Sub-Recipient to certify that all work has been completed.To ensure a-
timely closeout process, the Sub-Recipient should notify the Recipient within sixty(60)days of Project
completion. 0
The Sub-Recipient should include the following information with its closeout request:
• Certification that project is complete;
• Dale of project completion; and
• Copies of any Recipient time extensions.
a
Large Projects
ca
With exception of Fixed Cost Estimate Subawards,Alternate Projects and Improved Projects where final
costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual 0
documented cost of the completed, eligible SOW.Therefore, upon completion of each Large Project that o
FEMA obligated based on an estimatedamount;the Sub-Recipient should provide the documentation to
support the actual costs. If the actual costs significantly differ from the estimated amount,the Sub-
Recipient should provide an explanation for the significant difference,
0
FEMA reviews the documentation and, if-necessary, obligates additional funds or reduces funding based
on actual costs to complete the eligible SOW. if the project included approved hazard mitigation
measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If
during the review, FEMA determines that the Sub-Recipient performed work that was not included in the
approved SOW,-FEMA will designate the project-as an Improved Project, cap the funding at the original
estimated amount, and review the additional SOW for EHP compliance.
For-Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the U
funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance
provided at htt //www.fern /alternative- ro edures.
Once FEMA completes the necessary review and fundino adjustments, FEMA closes the project.
Small Projects 0
0
Once FEMA obligates a SmallProject, FEMA does not adjust the approved-amount-of an individual Small
Project.This applies-even when FEMA obligates the PW based on an estimate and actual costs-for
completing the eligible SOW differ from the estimated amouni. FEMA only adjusts the approved amount
on individual Small Projects if one of the following conditions-applies: E
s The-Sub-Recipient did not complete the approved SOW;.-
The Sub-Recipient requests additional funds related to an eligible change in SOW;
The PW contains inadvertent errors or omissions; or
• Actual insurance proceeds differ from the amount deducted in the PW.
In these cases, FEMA only adjusts the specific cost items affected.
If none of the above applies, the Sub-Recipient may request additional funding if the total actual cost of all
of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this
case, the Sub-Recipient must request the additional funding through the appeal process, described in the
Packet Pg. 1056
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PAPPG Chapter 3:IV.D, within-sixty(60)days of completion of its last Small Project. FEMA refers to this
as a net small project overrun appeal. The appeal must include actual cost documentation for-all-Small
Projects that FEMA originally funded based on estimate amounts.
To ensure that all work has been performed_within the scope of work specified on the Project o
Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion,
select one or more Small Projects to be inspected. Costs determined-to be outside of the approved scope 0
of work and/or outside of the approved performance period cannot be reimbursed. E
TIME-EXTENSIONS
0
FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines.The I-
deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is
15 months from the declaration date.
...
,Months
U)
Emergency Work 6 �
Permanent Work 18
0
If the Applicant determines it needs additional time to complete the project, including direct administrative
tasks related to the project, it must submit a written request for a time extension to the Recipient with the
following information:
e-
Documentation substantiating delays beyond its control;
• A detailed justification for the delay,
Status of the work; and
• The project timeline with the projected completion date
The State(FDEM)-has the authority to-grant limited time extensions based on extenuating circumstances
or unusual project requirements beyond the control of the Sub-Recipient.
It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months: U
FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating a
circumstances justify additional time_This applies to all projects with the exception of those funded under
the PAAP Accelerated Debris Removal procedure and-projects for temporary facilities.
x
With exception of debris removal operations funded under the Accelerated Debris-removal Procedure of
the-Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating ea
circumstances beyond the Applicant's control: U)
• Permitting or EHP compliance related delays due to other agencies involved
• Environmental limitations (such as short construction window)
• Inclement weather(site access prohibited or adverse impact on construction) E
FEMA generally considers the following to be circumstances within the control of Jhe 8pplicant and not
justifiable for a time exten ion:
• Permitting or environmental delays due to Applicant delays in requesting permits
• Lack of funding
Change in administration or cost accounting system
• Compilation of cost documentation
Although FEMA only provides PA funding for work performed on or before the approved deadline, the
Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for
any project that the Applicant does not complete, if the Applicant completes a portion of the approved
Packet Pg. 1057
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Sl
SOW and the completed work is distinct from the uncompleted work,FEMA only deobligates funding for
the uncompleted work. For example, if one project includes funds for three facilities and the Applicant
restores only two of the three facilities, FEMA only deobligales the amount-related to the facility that the
Applicant did not restore.
Request should be submitted prior to current approved deadline, be specific to one project, and include 2
the following information with supporting documentation, 0
• Dates and provisions of all previous time extensions E
• Construction timeline t project schedule in support of requested time
• Basis for time extension request-,
c� Delay in obtaining permits
• Permitting agencies involved and application dates
* Environmental delays or limitations(e.g., short construction window, nesting seasons) 4-
Dates of correspondence with various agencies
• Specific details
• Inc!ement weather(prolonged severe weather conditions prohibited access,o the area, or
adversely impacted-construction) 3
Specific details
• ^ether reason for-delay
o Specific details
0
0
0
Submission of a request does not automatically grant an extension to the period of performance. Without 3
an approved-time extension from the State ofFEMA(as applicable), any expenses incurred outside the
P.O,P, are ineligible.
0
INSURANCE 0
The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA
is-intended to-supplement, not replace,financial assistance from insurance coverage and/or other sources.
Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance
grants in order to avoid a duplication of benefits.The Sub-Recipient further understands and agrees that If
Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance 0
and/or other sources of funding, FEMA muss deobligate the funds per Stafford Act Sections 101 (b)(4)and
312 (c).
As a condition of-funding under this Agreement, pursuant to 44 C.F.R. §§ 20E.252-253, for damaged
facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are
reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the 0
insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require 2
insurance to be obtained and maintained for projects where the total eligible damage is less than$5;00000
In addition to the preceding requirements, the-Sub-Recipient under-stands it is required to obtain and
maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding �
in future disasters pursuant to§311 of the Stafford Act.As slated in the Stafford Act,"Such coverage-must
at a minimum be in the amount of the eligible-project costs.—Further, the Stafford Act, requires a Sub-
Recipient to purchase and maintain insurance, where that insurance is"reasonably available,adequate or
necessary to protect against future loss" to an insurable facility as a condition for receiving disaster
assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does
not comply_with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds
from the current disaster." If the-State Insurance Commissioner certifies that the type and extent of
insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable
facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. 0
The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all
insurance considerations contained in the Stafford Act and in 44 C.F.R. §§206.252-253.
Packet Pg. 1058
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The Sub-Recipient-agrees to notify the Recipient in writing within thirty (30) days_of the date it becomes
aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of
any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees
to provide all pertinent insurance information, including but not limited to copies of all policies, declarations
pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for
each insured damaged facility. 2
The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance
policies to the best of its ability to maximize potential coverage available.
0
j DUPLICATION OF BENEFITS E
The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered
by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever.
The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits,from any source,
for any damage identified on the applicable Project Worksheets,for which the Sub-Recipient has received
payment from the Recipient.
The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of the possible availability of, applies for, or receives funds, regardless of the source,which could
reasonably be considered as duplicate benefits. o
0
In the event the Recipient determines the Sub-Recipient-has received duplicate benefits,the Sub-Recipient 3
gives the Grantee/Recipient and/or the Chief Financial Officer of the State of Florida,the express authority
to offset the amount of any such duplicate benefits-by withholding them from any other funds otherwise due
and payable to the Sub-Recipient, and to use such remedies as may be available administratively, at law,
or at equity,to recover such benefits.
COMPLIANCE WITH PLANNING/PERMIT (NO REGULATIONS AND LAWS �
The Sub-Recipient is responsible-for the implementation and completion of the approved projects described
in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local,
State, and Federal legal requirements, o
If applicable, the contract documents for any projectundertaken by the Sub-grantee/Sub-Recipient, and
any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the
local government comprehensive_plan,
The Sub-Recipient must ensure that any development or development order complies with all applicable
planning, permitting, and building requirements including but not limited to, the-National Environmental
Policy Act and the National-Historic Preservation Act.
U)
The Sub-Recipient must engage such competent, properly 'licensed, engineering, environmental,
archeological, building, and other technical and professional-assistance at all project sites-as may be
needed to ensure that the project complies with the contract documents.
FLINDING FOR LARGE PROJECTS
Although Large project payment must be based on documented actual costs, most Large Projects are
initially approved based on estimated costs. Funds are made available to the Sub-Recipient when work is
in progress and funds have been expended with documentation of costs available, When all work
associated with the project is complete, the State will perform a reconciliation of actual costs and will
transmit the information to FEMA for its consideration for final funding adjustments(See Closeouts).
The submission from the Sub-Recipient requesting this reimbursement must include;
a) a Request for Reimbursement(available in FloridaPA_org);
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53
b) a Summary of Documentation (SOD) which is tilled Reimbursement Detail Report in
FloridaPA.org and is automatically created when-the Request for Reimbursement is submitted
(and is supported by copies of original documents such as, but not limited to; contract
documents,insurance policies,payroll records,daily work logs, invoices,purchase orders,and
change orders); and
c) the FDEM Cost Claim Summary Workbook(found in the Forms section of FloridaPA.or
9).along
with copies of original documents such as contract documents, invoices, change orders, E
canceled checks (or other proof of expenditure), purchase orders, etc.
ADVANCES
Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance
Payment, Notwithstanding Paragraph 9) Funding, in the Agreement, these payments are not bound by
Section 216.181(16), Florida Statutes,
1. For a Federally funded contract,any advance payment is also subject to 2 C.F.R„ Federal OMB
Circulars A-87,A-110.A-122, and the Cash Management Improvement Act of 1990. U)
2, All advances must be held in an interest-bearing account with the interest being remitted to the
Recipient as often as practicable, but not later than ten(10)business days after the-close of each calendar
quarter, 00
0
1 In order to prepare a Request for Advance (RFA)the Sub-Recipient must certify to the Recipient 3
that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and
subcontractors without unnecessary delay. The Sub-Recipient must prepare and submit--a budget that
contains a timeline projecting future payment-schedules through project completion.
4. A separate RFA must be completed for each Project Worksheet to be included in-the Advance
Funding Payment,
5. The Sub-Recipient must complete a Request for Reimbursement(RFR)via FioridaPA.org no more
than ninety (90) days after receiving its Advance Payment for a speck project, The RFR must account
for all expenditures incurred while performing eligible work documented in the applicable Project
Worksheet for which the Advance was received. g,
6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an
Advance cannot be accepted for processing.
7, The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if
the Sub=Recipient meets the-following conditions: 0
a) the Sub-Recipient-must certify to the Recipient that Sub-Recipient has procedures in place to
ensure that funds--are disbursed to project vendors, contractors, and subcontractors without
unnecessary delay;
b) the Sub-Recipient-must submit to the Recipient the budget supporting the request.
8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the
funds, which also specifies the amount of funds requested and certifies that the advanced funds will be
expended no more than ninety(90)days after receipt of the Advance;
9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share E
of funding under this Agreement from the-Sub-Recipient if the Recipient reasonably expects that the Sub- ca
Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination
by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient
was improper,
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54
DFSIGNATIQN OF AGENT
The Sub-Recipient must complete Attachment D by designating at least three agents to execute any
Requests for Advance or Reimbursement, certifications,or other necessary documentation on behalf ofi the
Sub-Recipient.
After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to
contacts via email to the State assigned team.
In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have
separated from the Sub-Recipient's agency, a designation of authority form will be needed to change E
contacts. o
NOTE: This is very important because if contacts are not updated, notifications made from
FlorldaPA.org may not be received and could result in failure to-meet time periods to appeal a
Federal determination.
a
U)
DUNS O&A
What is a-DUNS number?
The Data Universal.Numbering System (DUNS)number is a unique nine-digit identification number 0
0
provided by Dun&Bradstreet(D&1 )„The DUNS number is site specific. Therefore,each distinct physical
location of an entity such as-branches, divisions and headquarters, may be assigned a DUNS number.
Who needs a DUNS number?
r7
Any institution that wants to submit a grant application to the Federal government. Indivi-duai researchers
do not need a DUNS number if they are submitting their application through a research organization-
How do ! get a DUNS-number?
Dun&Bradstreet have designated a special phone number for Federal grant and cooperative agreement
applicants/prospective applicants. Cali-the number below between 8 a.m. and 5 p.m,, locail time in the 48 �
contiguous states and speak to a D&B representative,This process will-take approximately 5—10
minutes and you will receive your DUNS number at the conclusion of the call* o
1-866-70a=5711
What do I need before I request-a DUNS number?
Before you call D&B, you will need the following..pieces of information:
• Legal Name
• Headquarter-name and address for your organization
• Doing business as (dba)or other name by which your organization is commonly recognized
• Physical address
•- Mailing address(if separate from-headquarters and/or physical address)
Telephone number
• Contact name and title
• Number of employees at your physical location
How much does a DUNS number cost?
There is no charge to obtain a DUNS number.
Why does my institution need a DUNS number?
New regulations taking affect Oct. 1,2003 mandate that a DUNS number be provided or.-all Federal grant
and cooperative agreement applications.The DUNS number will offer a way for the Federal government
to better match information across all agencies,
Packet Pg. 1061
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55
How do 11 see if my institution already has a DUNS number?
Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement
applicant. D&B will tell you if your organization already has a number assigned. If not, they will ask if you
wish to obtain one.
0
Should we use the+4 extension to the DUNS number?
Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the 0
Federal government assign any importance to the extension. Benefits, if any,derived from the extension E
will be at your institution only.
0
Is there anything special that we should do for multi-campus systems?
Multi-campus systems can use what is called a parent DUNS number to aggregate information for the
system as a whole. The main campus will need to be assigned a DUNS number.Then each satellite
campus will need to reference the main campus DUNS number as their parent DUNS when obtaining
their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique
grantee organization, then-each campus needs to obtain their own DUNS number.
a
Does the DUNS number need to be included on individual fellowship applications?
Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the
application. Individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not
require a DUNS number.
0
0
What does the DUNS number have to do with the Central Contractor Registry(CCR),soon to be the o
3
Business Partner Network(BPN)?
g
Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically
through Grants.gov. Your organization will need a DUNS number in order to register in the CCR.The
CCR is the central registry for organizations-that have received Federal contracts. If your organization has
received Federal-contracts, it is already registered in the CCR, but-this is a good opportunity to verify that
your organization information is up to date. For more information about the CCR, please visit the-CCR
web site at*www.ccr.gov. ca
What should we do if our institution has more than 1 DUNS-number?
0
Your institution will need to decide which DUNS-number to use for grant application purposes and use
only that number.
Does this apply to non-US organizations?
Yes, this new requirement applies to all types of grantee organizations including foreign, non-profit,for
profitas well as for state-and Federal-government agencies. 0
Does this apply to non.-competing progress reports? U)
No. This new requirement applies only to competing applications.
Are there-any exceptions tothe new DUNS number rules?
Individuals who would personally-receive a grant or cooperative agreement award from the Federal
government apart from any business or non-profit organization they may operate are exempt from this
requirement. Also individual Kirschstein-NRSA fellowships that propose training at-Federal laboratories
do not require a DUNS number.
Who at my Institution is responsible for requesting a DUNS number?
This will vary from institution to institution.This should be done by someone knowledgeable about the
entire structure of your institution and who has the authority to make such decisions. Typically this 0
request would come from the finance/accounting department or some other department that conducts
business with a large cross section of the institution,
Packet Pg. 1062
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We are an organization new to Federal-grant funding so we obviously need a DUNS number: But-we
don't want to be included in any marketing list. What can we do?
Inclusion on a D&B marketing list is optional. If you do not want your name/organization included on this o
marketing list, request to be de-listed frorn D&B's marketing file when you are speaking with a D&B
representative during your DUNS number telephone application.
Who do we contact if we have questions?
If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone
number 1-866-705-5771. if you have questions conceming this new Federal-wide requirement,contact o
Sandra Swab,Office of Federal Financial Management,202-395-3993 or via e-mail at I-
swab r omb qgp
Substitute Form W-9 CD
For the purpose of this Agreement, a Sub-Recipient is also a Vendor.
U)
The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9.The
purpose of a Form W-9 is to provide a Federal Taxpayer identification Number(TIN),official entity name
a business designation sole proprietorship, corporation, partnership„etc),and other taxpayer information
to the State. Submission of a Form W-9 ensures that the State"s vendor records and Form 1099 reporting 0
are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue o
Service Form W-9.
4-
0
Effective March.5, 2012,State of Florida agencies will not be permitted to place orders for goods-and
services or make payments to any vendor that does not have a verified Substitute W-9,on file with g
the Department of Financial Services.Vendors are required to register and submit a Form W-9 on the
State's Vendor Website at h t s°1!flvendor.m Pori a to.com,
0
C
0
0
x
0
0
U)
C
M
C
0
0
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Attachment H
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
INSTRUCTIONS AND WORKSHEET
PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on 0
September 26, 2006.The intent-of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision.The FFATA legislation requires information on
Federal awards(Federal assistance and expenditures)be made available to the public via a single,
searchable website, which is http://www usaspending.govl.
I-
0
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management('FDEM'or"Division")must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obligate$25,000 or more in Federal funds
(excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery-and Reinvestment
Act of 2009, Pub. L. 111-5). U)
0
Note:This'Instructions and Worksheet" is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion.All pertinent information below 0
should be filled out,signed, and returned to the project manager. o
3
4-
0
ORGANIZATION AND PROJECT INFORMATION
0
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub-
award(Agreement)that obligates$25,000 or more in Federal funds as described above.Please
provide the following information and return the signed form to the Division as requested.
0
PROJECT#: N/A—Do net Complete
FUNDING AGENCY: Federal Emer enc Mana ement A 8nC o
�3
Federal mount one
AWARD AMOUNT: $ ederal share a
OBLIGATION/ACTION DATE: date awarded to State of Florida
x
SUBAWARD DATE (if applicable):
0
DUNSM U)
DUNS#T4;
`If your company or organization does not have a DUNS number,you will need to obtain one from Dun&
Bradstreet at 866-705-5711 or use the web form (http_//fedgov.dnb,com/webform). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME:
DBA NAME(IF APPLICABLE), o
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1;
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ADDRESS LINE 2:
ADDRESS LINE 3.
CI T Y STATE ZIP CODE+4" ._
PARENT COMPANY DUNS#(if applicable): _.. .........
CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA#): E
DESCRIPTION OF PROJECT(Up to 4000 Characters)
0
Cmplete elgm repair o g m mITm
1-iblePro)acs a r re lacement of Disaster damaed facilities.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS): 3
ADDRESS LINE 1: � ca
ADDRESS LINE 2
. .. .....
ADDRESS LINE 3: o
CITY STATE ZIP CODE+4" o
0
CONGRE SSI N L DISTRICT FOR PRINCIPAL PLACE OF PROJECT-PERFORMANCE:
"Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
1. 1. In your business or organization's previous fiscal year,did your business or organization
(including parent organization, all branches, and all affiliates worldwide)-receive(a) 80 percent or
more of your annual gross revenues from Federal procurement-contracts (and subcontracts) and
Federal financial assistance(e.g, loans, grants,subgrants, and/or cooperative agreements, eta)
subject to the Transparency Act, as defined-at 2 CFFz 170.320; , (b)$25,000,000 or more in annual o
gross revenues from U.S. Federal.procurement contracts (and subcontracts)and Federal financial
assistance(e.g.loans,grants,subgranls, and/or cooperative agreements,etc.)subject to the
Transparency-Act?
Yes ❑ No❑
If the answer to Question 1 is "Yes,"continue to Question 2./f the answer to Question 1 is ",No",
move to the signature block below to complete the certification and submittal process. U)
2- Does the public-have access to information-about the compensation of the executives In your
business or organization-(including_parent organization,all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a)or 15(d)of the-Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d))-Section,6104 of the Internal Revenue Code of 1986?
Yes ❑ No ❑
If the answer to Question 2 is--'Yes," move to the signature block below to complete the
certification and submittal process [Mote: Securities Exchange Commission information should c
be accessible at httpl/www.sec.govlanswers/execomp.htm.Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No"FEATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
Packet Pg. 1065
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59
appearing below to report the"Total Compensation" for the five(5) most highly compensated
"Executives",in rank order, in your organization. For purposes-of this request, the following terms
apply as defined in 2 CFR C~; 1 Part 170 Appendix A:
'ExecutivW is defined as"officers,managing partners, or other employees in management positions".
"To al C rn ensakion"is defined as the cash and noncash dollar value earned by the executive during the
most-recently completed fiscal year and includes the following: E
i. Salary and bonus, _
iii, Awards of stock, stock options,and stock appreciation rights, Use the dollar amount o
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No, 123(Revised 2004)
(FAS 123R),Shared Based Payments,
iii. -Earnings for services under non-equity incentive plans.This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives,and are available generally to all salaries employees. 3
iv. Change in pension value.This is the change In present value of defined benefit and actuarial �
pension plans.
V. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation(e_g, severance,
termination payments,value of fife insurance paid on behalf of the employee, perquisites or 3
property)for the executive exceeds$10.000.
g
TOTAL COMPENSATION CHART FOR MOST RECENTLY-COMPLETED FISCAL,YEAR
(Date of Fiscal Year Completion
Total
(Highest to Name _ ... �-_.__._.,... �for .�..t Compensation
Most Recently
Lowest Last,First Mull Title Completed Fiscal Year
0
3
ca
._,... - -
5
U)
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW,THE INFORMATION E
PROVIDED HEREIN IS ACCURATE,
SIGNATURE;
NAME AND TITLES
_
as
DATE
Packet Pg. 1066
D.4.a
60
Attachment I
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded-by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 CFR Past 200: It is the responsibility of the sub-recipient to include the-required
provisions. The Division provides the following list of sample provisions that may be-required;
0
I-
0
a
0
0
0
3
4-
0
0
0
x
0
U)
Packet Pg. 1067
D.4.a
61
AR
Pt,M.App.11 2 CFR Ch.11(1-1-17 Edition!
wwwWa Fedet-a1 awards uny Include.Pro- aw"sic mgeooy should oweiskkr api rmchev
vldiag tbla Iltfetttaatten lets a potential ap• atacb&s tiring:
pucynt kle'tlfr wily Mutretmat& with I.Faalata or—ota.ct who stay be reacbed ih
xklch It would batei difflealtr complying it nrstltlple wags(a.g.,by talophoae,FAX,Andy
Its Appllcattna is stuxeiisfu-It thsae cues, at ertnll.ss wall wa regular MAID.
oar17 nottOratlon About the.ognier,nnale al- 11. A t'h.7 Or aarrail aAdrome n.hm rnalf Nltgm
low*the poganthl Applicant to dtrlde pat to people art ,so tlttt ara'pomotro will reopowl..
arptrtr or to makfl.awand'ad artlpna be I'rra io, even it uabt*are otaaspeatedl7 al»enl dur-
ctulring the Federal Rivard. 'no amnouace- tat calel=l f.Hodia,
w tat need PAC lncILKk all of the Corns and M.Different caatuts for diet€met kinds of de 0
condition@ of the Feral award. but nny help(al.%.«a 'for gtkeeilow of fo�ugroxrutaml.lc
tvkr to wdocttatent(with Inforuntion about couteot god a oeotgnd for wj..rnftala5mtivo
ban@ to nhta.in It)or Internet it.Abe»at, goeatlat.).
pllcamta—Ace the Lertne and maditioas,It
thla funding opportunity W Federal
lead to Feder H.O'1'ifZR htroRltATlo:t�Op'G'•SapIA4
Awude with wine spcai&f terms and mhdl- Thin eoctloa sm7 lncloda any a"ttow
tloaa tact dlffor!rout the F^laa:,Af swardtoc laforlmtlon ghat will ernlst a potential at*
ACfl[*Y"e ttwatal feua�aail"M oallyd"gvmer"Al") pit-ilt.For eranple.the twactlan talcha
torten sad oondltlon@, thi■ ■.ottaa sbould 1.ladle tv whother thls la a new tetaeraw
highlisbi Ilia"special goalie sad conditions. or moav-tivae fultiwtive.
Nine ao will alert Applicants that haw re• 11,W.C.ion related re-p-rtw or other ul*
eetved Federal awards trotu the Federal onoefng+w.+rrrngMos revIrrvl wwwrtllag acpna s
&Avdlttg ag&ttcr proviotuty sad Wright tat fauadintafrortuahttj for al"iII.ofirlivillee,. �
otherwise expect difftreat termm and eohdl- ill,include etu"ci Internet wddrr&ae&for
tlotu. For the ae.me t»a u,the aabomnco• Federal awarding ageacy Loeb Alton that may
groat should Inform potential appll xbtn he tuvtul to as applicant la ttadortlantliag
aIV-it aPeew ar lul""w4u that COW 4119rl7 the t*wlfram. 0
to p.9rticular FacfornJ ewards Anaar the rovpvw €v.A1ert Appliants to the need to Identify 0
or applicAtion@ And other leforat tka.based fmicl*mry laforrmuoa and Woma them
on the particular elrCctnttl.x+apet of the effort about the war the Ftdtral awarding a"W-7
to Ira eupporteti(w g.,If but—eubi—W xcrw will bAsdle It.
to be Ibmlwed or if woman sita.tlaw M&Y jtta- v.Include"M2,1s routibe batlees to&poll-
t117 spoew terms on Intellectual property, [anti<a$.,that the Federal Coverarmat 1.
data ahtrinc or s6aulty requirtmente I; sat ob"Rated to nuke any red"smwo" Im
2, f"d',r1>rcvf 1'ss—k+? wPa,ra,,.°l"h lr.aaotian rr%,k a reauit of the aanouacetnent or that only
Itwludn general Int w'tuttlo:n.obout the txpa gr"t:-solves can bind the Federal Govern.
icvy. lioxinctai or IwWrw'urinmrI, fmogtivaey, naant to the.rpehdllttte of fund.), t�
azil Mang of wolinrlitlon (palw'r or elect Or FR 70SK Duo,23,2.0IX as Lmeadad Lt to C)
tranlc)of"t-redera) &ward reporting re- Y'R V310.July-2,20151
Qulromepu.Highlight any spracW apart€ns ++
eequlrenwata fur Fedoml awranfa under this "PVNDi1( 11 TO PARS 2(10—001TTRACT M
ptsdlbg oPfxartuolty that dirfer(r;.,by Co. MOV18tONS MIL XON-FEDf]"Wirt-
port type. kv Udwy, ftwmfcsmtc, or cu- TY CONTn UM UNnM Pgncn.U, v
caArt"cea for rue)front whAt the Federal AVFAROq '
Axardlm KPOCy a Finartgotwi awaxda trouslly (,y
regu&ran,Fw"Al nwardlDC egonctox Iraxat PSarr In Addition to other ptovlelow mqulred by
describe In thla seotlon all rolerwat require• the Federal Acowy or nos-Fedorai entity,all
m nu such w tboee at 2 CFI!140-35 and 2 tomt nets mAde by tiro owiredeml eaUty
CHI M.W. under the Federal award esnt caatola Furl—
If the Fed,erl ghats or e47 Fa.)e:-el ww-.+u-d s{onw cover lap a,1ye 1c«91owq'ng.as appllcAkik,
any Inelade wore thaa 1500,000 orvr the-p.- (A)Cool,mcl*for more Ihss(be afntpli.fted
rind of gp awr .skin ootloa rrwet to. acgnlxilloo ttroaliotd currently set at
10xal Potential AMAICAats aslaout, the owl SINQ . which le-the laA■Liam d)Lwted �
Awaxdt relrorliag arKft1rAntah3A rAr)scmwwl In Irwumt dategu1je d by%he Crlalllam Agvac7
Appendix XU--Awird Term and Condition bcquUltlep Cottncll sad the Dataase Ac a
for RcolplooC tntegrlty- sad PrrSurtiaaca t1Ga-F.0,laxiolul Connell LCotibeils)u ut-
isi-
Atastera, tbtwtsd by sl 11.8..0.190e,rtwtst&ddrefs @A-
G FWXRAL AtrARAINii AORNCT CQXrAMS)— pdpisaratire,matruttml,ttr legal rerredi"
FUWIM in taotanors where c»mtraottue violet. or
braach contrast lernu.and provide for each
The aaatruawtoeat taut give potentla-ap- -aaactlom Lad penadti.a Act aporeprlate. <�
pUcamta a poiat(s)of Cont&ct for aoswer€ng (11)All contracts Ia-wxcass or-31010n0 naut
gtiestlont m bet plat with lvoblerm while the ad I: teratlmstion for canna sad for cos- U)
atading opportunity fa open.Tie latast of eemieace by the aaa-Fcderal aatlty Including
This trAtuirement-Is to be u helprnt w&pos• the msibarr by which It wilt he effected and
slble to potential Appliczats,an the reder-i tan beats fors&ttloment.
20 E
Packet Pg. 1068
D.4.a
62
OMB Gukl ante Pt,200,App.11
r_
(C/ Equal Employment opportunity, Ex. Put 53,Under 40 U,S.C.3702 of the Act,each 0
cept us otbered.ae provided under 41 CFR contractor most be required to cormaw the-
Part W,nil oontracta that moot the donnl- wages of avary rnethartic-and laborer on the M
Lion of"federally asslatad construction ton- basis of a standard work week of 40 hours.
tract"In 41 CFR Puri.Ito-1.4 mmmi.Include the Work In excuse of the standard work week in
equal epgoxtualt,p clattsa provtdod.under 4l permissible provided that the worker is oo n-
CM 0-1.4(b)„In uvardantc with Rxet;gtive penanted at a rate of not ieaa than ace and a E Order 11340, "Equal Rmplaymont Oppor• tract tines the bolo rate of lay for tell hour
tunity"(M FR 12319,I2M.3 CFR Part,I*t- worked It ercasa or 40 borers in the work
11 5 Vow.,p.^ )',us asmadod by Exmotiao week.The requlretmenta of 4D U.6.C.3704 era
Orlm 1.1375, "Mnoadlud xae-attiva Order applicable to construction work and prorlde
UM Retatinc to Equal Employment Oppor- that no laborer or moachanlc met be re-
tunity.-and Implerttantlag retmisilana at 41 qulred to -work In murrntiadlogs or under
CFR part M. "Office of Federal Contract working coadltloae which are ottaanitary, L_
CLatrapltwbce POW Area, Eo4al Employment haeardoua or daagerous,The"requlremtauts
Opportuutty,Deptrtuten.t of Labor" do not appty to the purchases of supplies or
(D)Davta•BACOn Act,as wmeoded(40 U.B.C. materiale or t rticlsa otdtnarUy available an
31413148).When required by Federal Lao[ the open riaarket,err eantrects far ttaasp r
legislation,all prime con4ttuct)oncontracts tatiouortrartamtalana!Intelligence.
In exceu of S2_0P7 arardod by Don-Federal (F) Rights to Invuutlons Made Under a
entities mastlacludo a provision for compll- Coab-aet or Agreement,if the Federal award
ante with the Davis-Mateo Act (40 U.B.C, meete the definition of"funding agreement"
314131M.and-1114"14B)as auppletnoatod by under 37 CFR 1401.2(a)and the recipient or
Departtttent of labor regulations (29 CFR subreelpient wishes to enter Into a contract
Purl 5,"Labor Standards Provisions Appli, with a small bunilamo flrtu or nonprofit art&-
cable to Coott"ta Covering Fedamily Ft- ntmtlraa togarding the atrbetlmmtlon or par- (�
mated sad Aaaieled ConstrucLion"). In ac- tins, assignment or parforimaca of expert, M
oordamce with the statute,contractors must rnoutal, develcim atal, or rreera-zh work
be regnlred to pay wages to laborers and ate- tinder that-funtitnd acreetrrnt."the recipl-
ci»tat(a aLa rats ant leaf than the prevalllnd eat or subreclpfont must comply with the re 0
rages speclflad in a wags determination qutromeota ofM CFR Part401,-"flights t5-1n- 0
made by the Secretary of Labor.in addition, ventlons Made by Noapront Drgxalaatlona 0
contractors met be requlrad to pay wages and Small littslaeaf Flrrm Under Govern:
not lean than once a week.The boo-Federal MIA Croats, Coats4eta and Cooperative
entity await p)ea."a a Copy of the tuurvrat pro alkp'rretrrsats,°"aapd aaY lorrfrlortwsutl:twp recula t
waists wwpta dotoramtoat,loo inaaaed by the Do- tWaa itatod by the awardlxg agency 0
partment of Labor In each solicitation.The (U)Clew Air Act(42 UX.C.740I-7411q.)and
ticctslon to uw-"a contract or subcontract the radcnl Water Pollution control Act(33
enwt be cotdit(oued upon the acceptzrtce of U.E.C,-1:51-I3flT),ar airtended--Jontracts and
the wage determlaatlon.Zhu non-Fedaralen- wmbgrauts of antatuaw In excem of S15D,0W
tlty uutet report all euepn tnd or reported MOIL aantaln a pravinlon tbaL requires the
violations to the Federal awarding agency, non-Fadaral award to agrot to comply with
The contracts must also Include a provision all applicable standards, orders or-regnia-
for comtltllaaeo with the Copeland "Ant, hears lasuod pursuant to tho Clsan Air Act
kickback_" Act (40 U.S.C. 3145). as aupple- (47 U.S,C,74111-7571rV and the Federal Waster
m ented by Department of Labor roculatlone Pollution Control Act,me attended(33 U.S.C.
(79 CFR Part 3, '•Caatraatots and Sub- 12SIA3117).VicIMAcas most be reported to the
eoattactors on Public Bullding or Public F dcral awarding agency and the Regional
Work Flnartcodia Whole or in Part by I arras OMCG of the Enr£rcommntal PmtecLlon
orCramts from the Ualted&tacos"7.The Act Acnncy(EPA).
taovldee Chat oath cuuWaetor or eub- (11)Debarment and Suspension(Executive
recipient usmt be prohibited from tndoclnC, orders 12540 sad 12M—A Contract award
by any rrauu,any person emtployed In the (ane Z CFR 100-M)must not be ntade to par- 0 eomtruction,cemploLion,or repair of public ties listed oa the toveratmatrlde exclusions
tetrk,to glue up any part of the cornicasa- to Lbe System Ter Award hlamegernuaL
Lion to wbleh he or she Is otherwise entitled, (SAM),in accordance with the OhIB golds-
The notr•F"wnlrrR:ep mutltww Coast rvport nil toga- lines at 9 CFR 100 that Implement Executive
pectad or relcrrtaKl vloUlnas to the Fodor�al Orders I25U(3 CFR part 1900 Comp•,p.R11)
awarding agency, and 12M (3 CFR part IM Camp., p. 235), �
(9) Contract Work 'fottrt and S%fety ,"Dobarmnot and Etnpoasion.— BA161 Exclu•
EtandAhla Act (40 U,S.C. 3MI37DG), W hero sinus,oubtaina the names of yarttee debarred,
applicable,%It coatt-ets awarded by the non- suspended, or otherwise excluded by e.gea•
Federal entity in cicem of S190.00o that in- clew, as well as parties declared Inettelble 4)
volve the emplaymant of laxbaales or labor- under atotulary or regulatory authority
era must Include a provision for cotmpllauca other thaa Rxecatlr&£)rder 1250.
with 40 U.S.C-M and 7 M,na supplemented (I) Byrd Antl-LobbYlee Amneadment (31 U)
by DeperttnenL of Lahr rertdatione M CFR U,S C.. 1352)—Coatractore that alply or bid
201
Packet Pg. 1069
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63
P(,200.App,111 2 CPR Ch.11(1-1-17 Edition)
Nor an award aaeseding SIC*,WO Wmt Me the -accounting trmtnmot roar Inc€uda It in the
mgalred ctrUrt Aunn,P.ch fler mrtlfla!to Imetn tlon function.
the Or nhom that it xIR not oat has tut (2)Dtpaml.vnlal 3sesamaA-nweas r+.steamnlaa
used Federal►pprotriated funds to pay arty developtmat "A scholarly actdvitlsa that
Penns M organttatton for IntideMing ar at• are WL amknized rvo ttah ltd. ma.
-temptlag to Ihnu bee an officer or employee see[mutiy,are uot-arpmntely budgeted and
of any agency,a hwnw&r orcouIrmts,dt0ear accounted [or„ lkpartruanW rwtoarch, for (�
or omployee of Coocrem,or as employee of a pArpo s of MIS document,IS not canaldomd
rro s I oa o kia w t ab as a function.but a,a t Of the in
rrdror of Ca a a k b rm)ar
ngrca fur
Udolar nay Fedar.l matract,grant or any errtatloa f,toctlaa of she Is■tltuUom. �
other award eaverod by 91 11.6,0.€x.2.FAcb (3)only anodatoey cost sharing ar carat
uer mdat t€.so dfaclo,a Soy q 11,bying with aharing epe M-Jty mrmwlted In the prokVt
non•F-S.nd found, that tskee ping- it,cam- boot t nmt ba jacl&4 In the C*$Rct FLre-
eacll4n with obtalulatr any F.&Tal award,
Bach ddseioutres are forwarded from tler to oast rite IM mflact»d Is any.litw:suoa or In-
tier op to(ho rwsaa-yadaratp aw"d., dlseot owts. Salary cmu above statutory
(.1)Brae 1200=Prom mtrAnt of re*vere i lltnito eau not comideted coat Abadan.
ttnlorf.l., h, Orpaxiz d relearrh n-- all Sae h
70 FR 7 .Dan.Ad,201T,um 4ownded at U that art;l®parent ac dairies e[to latatltutdob 0
( dge: lY 6udgsled and aocouatad
f-R TSB.Dec,19.70191 for.It iiit[Udw:
(1)Spemsmesl ra--k 11Waas a11..t arrvdm
APPENwx III Ta PART 12,00-1Nmm" Sad dosalmparxnt mtivitlev tbAt fro orch.
'P&tA) (Soya IGZNT•ir€CATIaN A14D sd[vd by Tederal and meg redeml sgoacfw
ASMONMENT.AHb RATC t)rr=FLUINA- and arg►slntiaan,'MIS term fochtde,wctm
OR INIPlPT11TIONs OF HIGHER Intnlvirc the u-M.MC of individenb in
T3DN Fort
nuTr(IREe; r °b umbnbynar« (®rsnmaly glad r.-
sewmb tmining)tbvi+ umb acrivluet utlllso a
A.GBNF LL th.muo fati1161e6 am other r."u-ah and-de-
vclopdteut aetlrlues and where ench setivl
Talc appendix PmYJd a r Iterls.for WoU- tits sre not Included In tho lwtrwtian fang-
lying and k6m[attdag Indirect (or lmdlrect Liao.
(Fk i))rates aI IM(irutAutiotn),Ibddrect (2) Unlvtrrlly tesearr.A awaam all rasaaron
(F&A)cost,am thast that erg lecurrid tar 'M deaetopmemt activitka U-L uw nap,
to mwa or MUL obleetiv06 and therefore mtafy-buftolad amd.rconated for by the In.
cannot!:o idcotl9sd rowdily and spoclacalty stltutlon tusdor as Internal ap91!aatlom of lo-
with a particular slbasomd pmjmt,as I., ,tklatinW foods, Dalet"iV-roeeatch. Im 0
seracuosad ac U.1ky, or a" other fastim. pttrdr','om S of ehl.deue'utmm, rr,wt 1w tom,
N-aaxl actmty, £rev subaoctlen 9,1,Penal• bllo-1 a..Uh Ad'atw,rrrod r.am-0' uwrlrr tho
tiom or PSc9dtlm and Adad.nlataatWn,far x £uuctloa of Orghndzrd roecsach,
dlacuwlon of the cormdaenta of lndkreet u-17fte.tpoxtaredgctJQJM ateaaa 7anct
(F4A)omwrA, and pm*tA nuazcad by Fed—I sad non
Federal ageaci.a cad otgaaizatfore whlrh In,
£.ldojm fW.11-3 of do 1n3tdtutian Volvo the perfartttaneg of wotk other ebsn In,
t(efen to lnstrueuaa.-argpfxad rwemrctc, sUr Uom sad otgaalrad rasammli,Fraarplas
oeber ssto Jed "C Ua.e,and none-f wxr-t,• of.aeh Isngrsatw Sad prndocta are bmlth-
Ifaasl sctivltiar as dennad in We w uon: w pro)ectg sad corn ss€ty axfsfd[ra•
grans.llowever.when lag of thew nautili,, (�
o 1Nstrvtifou CoMM the teat Was_._and era unlcrta4tn by Lbe dtut)Wticn wllbaut (�
trninlaS—tivttlef ar an Intl Ultfdn.F^CQpt emtalde suppari:they-rmy-;,a olarifWd a,
f.w rese.reh L—I.€ng eA f—Ided In nub- ether lMtitmti®aal activitld:
"CLloab,tbda term 3mludo*nil;mcWay and d,(?-Km bLN•fuU=g1 arllrt"troams all ae
tralntar mlivitfea,wbatber they era offered tl Vlti..a of an Inetlliltion agcwpt hr lastarlc-
kw r"dlta toward a degree w orrtlncata or tiea, dapartuvental to,eorah, organised re•
an a ma-crs Ht bola,and xboth-they xtw search.and other em"wed d-eft-Mee,—de-
offered LbrVMgh regular araderula depart nerd In Lhla saauon;indite,--(F&A)mat at-
Lmota or eayurale dlvialoas.amb as a aura- tivlliq id.nllflad in this-ArWwm6iz parse• (�
tt 2 ecbnol dlv1s3a.or an ertt anion dlvlrlaa• rmph R,Idcutlflcatlnm sad aaslgnnwnt of In- �
Ado comiderod part of tbls maJor function dfroot(MA)trees•sad opmWized serv40no
are dopartrnental rrxxrch, and, wbtre (==Beira &n Itxd in I200.4e0 fdl+.xLxldard
agrasd to,ttalvenity research, amrrla fac1116iw of Clda Fart
(1)Sponsored ineHvttfon end lrnntiep rw^m 13axam m of ether Immitatlonal sativftiea
st-1ne-Insttto11oaal ar training aetlri LY es= include oParation of resldaacn halt.,diming
tahllshsd by grant,contract,Or maperatlrs balls,hospitals end ctlakc eludoat rations.
agreement. For rnrpoess of the east prda thl.13cm,boak4lorna,faeuley
cl[dee. this aetirlLy may be aoneltfesed x bo adult,owd,not aWtfr4at4o gloat bt wmi,
lraFea-T.iactlam oyes k4noth a.Itatlwtfnh!. chA(elc thoSt.mv.[.shun And adb"-
202
x
U)
Packet Pg. 1070
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64
Attachment
-DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT
The Department of Homeland Security (DHS) Office of inspector General (OIG) was tasked by
Congress to audit all FEMA projects far--fiscal year 2014.-A synopsis of those findings are listed o
below:
There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the E
prescribed rules to the point that the OIG believed the below-listed violations could have nullified the
FEMA/State agreement.
0
1. Non Competitive contracting practices.
4-
2. Failure to include required contract provisions.
3. Failure to employ the required procedures to ensure that small,minority,and women's owned firms
were all given fair consideration.
U)
4. Improper"cost-plus-a-percentage-of-cost"contracting practices.
The following information comes directly from DHS's OIG-Audit Tips for Managing Disaster Related
Project Costs; Report Number OIG-16409-13 dated July i, 2016. The following may be reasons for 0
the disallowance or total de-obligation of funding given under the FEMA/State agreement: o
3
1. Use of improper contracting practices.
2. Unsupported costs,
3. 'Poor project accounting,
4_ Duplication of benefits.
5. Excessive equipment charges(applicability may vary with hazard mitigation projects).
6. Excessive labor and fringe-benefit charges.
7. Unrelated project costs.
S, Direct Administrative Costs,
9. Failure to meet the requirement to obtain and maintain insurance,
U)
Key-Points thatmust be followed when Administering FEMA Grants:
a Designate one person to coordinate the accumulation of records.
Establish a separate and distinct account for recording-revenue and expenditures, and a separate
Identifier for each specific FEMA project.
• Ensure that the final claim for each project is supported-by amounts recorded in the accounting
system, �
Ensure that each expenditure is recorded_in the accounting books and references supporting
sources of documentation(checks, invoices,etc.) that can be readily retrieved.
Packet Pg. 1071
D.4.a
65
0 Research insurance coverage and seek reimbursement .for the maximum amount. Credit the
appropriate FEMA project with that amount.
0 Check with your Federal Grant Program Coordinator about availability of funding under other
Federal programs(Federal Highways,-Housing and Urban Development,etc.)and ensure-that the
final project claim does not include costs that another Federal agency funded or could have funded. 2
• Ensure that materials taken from existing inventories for use on FEMA projects are documented by E
inventory withdrawal and usage records.
0
• Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly
benefit the project, and are authorized under the"Scope of Work"
4-
I acknowledge that I have received a copy of, and have been briefed on,the above DNS OIG Audit Issues.
Monroe County 03105/2018
Sub-Recipient Agency Date
0
Signature 0
0
3
4-
Tina Loan Sr„ Dlrec or Budget&Finance o
Printed Name-&Title
0
0
x
0
U)
ca
Packet Pg. 1072
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66
Attachment K
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an-advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is
requested. Balance of payments will be made on a-reimbursement o
basis. These funds are needed to pay pending obligations for
eligible work. We would not be able to operate the program without
this advance.
a
If you are requesting an advance, complete the following chart and line item justification below.
BUDGET CATEGORYILINE ITEMS 20 -20 Anticipated Expenditures for First Three Months 0
(list applicable line items) of Agreement o
4-
0
Example:PW#00001(0) Contract Work$1,500,000.00-(provide detailed justification). g
a®
0
�3
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need
for the cash advance, -The justification must include-supporting documentation that clearly shows-the �
advance will be expended within the first ninety(90)days of the contract terry.Support documentation
should include quotes for purchases,delivery timelines, salary and expense projections, etc. to provide the-
Division reasonable and necessary support-that the advance will be expended within the first ninety (90)
days of the contract term.Any advance funds not expended within the first ninety(90)days of the contract
term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard,Tallahassee,_Florida 32399,
within thirty(30)days of receipt, along with any interest earned on the advance).
..
Packet Pg. 1073
D.4.b
Monroe County Purchasing Policy and Procedures
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $56,660TMm""'
Contract with: Global Disaster Recove Contract#
Effective Date: 05/14/2018
g
Expiration Dater
Contract Purpose/Description:
�__m�E:i iei etw y Mold Work E
Mold Remediation and water damage cleaning repairs as a IT�- � result of water intrusion during Hurricane Irma
I e te� Btti ditty l�oeat d at 530 l��t l eat�i St� �t e West, FL 33040 1-_
Contract Manager: Johnnie Younge 4429 _. Prcpert Maaeaet
(Name) (Ext.) (Department/Stop#)
0
0
0
3
CONTRACT COSTS
0
Total Dollar Value of Contract: $ $29„853.61_ Current Year Portion: $ N/A
Budgeted? Yes❑ No [� Account Codes: 0459110-IRMONRBI
Grant: $ N/A
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
maintenance,ut I�ti�s,janitorial, .........
.....__......
(Not included in dollar value above e,,. rial,salaries, etc.)
ca
CONTRACT REVIEW
Changes Dat. Out
D 1 Needed teww cr
Department Head _ Yes❑ No ...
U)
Risk ManagementMI Yes❑No m ( -� � � „
O.M.B./Purchasing WYes❑ No
County Attorney Yes[:] No
Comments:
OMB Form Revised 2/27/01 MCP#2
Packet Pg. 1074
D.4.b
Lester Building (Mold Remediation
Agreement
Betweenn r and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT Made as of the �- Day of 2018 'a
6
BETWEEN the Owner: Monroe County Boar of County Commissioners E
500 Whitehead Street
Key West, FL 33040
And the Contractor: Global Disaster Recovery, Inc.
13333 Overseas Hwy.
Marathon, FL 33050
For the following Project: Lester Building Fold Remediation 0
0
3
Scope of the Work
c
The Scope of Work includes, but is not limited to, all work described in the Solicitation for the
Lester Building Mold Remediation.
Contractor is required to:
1. Remove/repair ducting insulation in the HVAC closet to remediate deteriorated/moldy
portions as needed.
2. Remove wet sheetrock found at the base of the Southside exit door frame, and the area c
cleaned, dried and repaired.
3. Install Dielectric Barrier Ionizers (DBI)to control mold on books, bacteria and VOCs.
These DBIs should be rated so that they are able to treat air and surfaces throughout the
library space.
4. Obtain all necessary building permits and inspections to perform all of the work required
by this contract and the owner.
a
Summary of General Requirements
• Furnish all labor, tools, material, equipment, safety equipment, transportation services,
laboratories, and all incidentals necessary to perform and complete said Work
contemplated in this agreement.
• Construction work times shall be limited to: 8:00 AM to 5:00 PM Monday-Friday. Unless
otherwise requested or required by Director of Project Management.
• County buildings must remain open at all times. Work done by contractor must not
impede the normal operations of the County buildings and employees which may be
AGREEMENT 01740-Page 1 of 24
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D.4.b
Lester Building Mold Remediation
adjacent to the work. Schedule and coordinate construction activities accordingly to
prevent any interruption of normal staff-and building operations.
Contractor shall maintain the following Insurance Requirements for the life of the
contract:
Workers Comp Employers Liability $100,000/$500,000/$100,00-0 E
Bodily Injury by Accident/Bodily
22
Injury by Disease, policy limits/Bodily Injury
by Disease each employee
0
4-
General Liability $200,000 per Person;
$300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Vehicle $50,000 per Person:
$100,000 per Occurrence 0
$25,000-Property Damage c
or
$100,000 Combined Single Limit
c
The Monroe County Board of County Commissioners shall be named as Additional Insured on
General Liability and Vehicle policies.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Solicitation and Proposal/Quote
documents, Addenda issued prior to execution of this Agreement, together with the response to
solicitation and all required-insurance documentation, and Modifications issued after execution
of this Agreement. The Contract represents the entire and integrated agreement between the
x
parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. In the event of a discrepancy between-the documents, precedence shall be determined
by the order of the documents as just listed.
a
ARTICLE 2
The Work of this Contract U)
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows: N/A.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
AGREEMENT 01740-Page 2 of 24
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Lester Buil-ding Mold Remediation
The Contractor shall commence performance of this Project within Thirty (30) calendar
days after the date of issuance to the undersigned by-Owner. The undersigned shall
accomplish Substantial Completion of the Project within Ninety (90) calendar days. The
undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar
days thereafter. The time or times stipulated in the contract for completion of the work of g
the contract or of specified phases of-the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project 22
Management's"signature of approval on the Certificate of Substantial Completion. The e
liquidated damages table below shall be utilized to determine the an-iount of liquidated
damages. '
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Gay $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Da; 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,50.0.00/Day
0
0
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.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor-in current funds for the Contractor's performance of
completion of all of the Contract work the Sum of Tweet Nine Thousand Egli �
9 " ndre FiftV Three and 611100 Dollars ($29,853.61), 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: None.
ARTICLE 5
Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
-Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will-be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code.
ARTICLE 6
Miscellaneous Provisions
AGREEMENT 01740-Page 3 of 24
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D.4.b
Lester Building Meld Remediaticn
6.1 Where reference-is made in this Agreement to a prevision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
c
6.2 Monroe County's performancL-and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration. E
2
6.3 A person or affiliate who has been placed on the convicted vendor list following a 22
conviction for public entity crime may not submit a-bid on a contract to provide any e
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list.
6.4 The following items are included in this contract: 0
0
a) MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, -and documents directly pertinent
to performance- under this Agreement in accordance with generally accepted
accounting principles consistently applied.-Records shall be retained for a period of
-seven years from the termination=o€this agreement or for a period of five years from
the submission of the final expenditure report as per 2 CFR §200:333, whichever is
greater. Each party to this agreement or-its authorized representatives shalt have
reasonable-and timely access to such records of each other party to this Agreement
for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the COUNTY
or Clerk-determines that monies paid to CONTRACTOR pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together
with interest calculated pursuant to Sec. 55.03; of the Florida Statutes, running from
the date the monies were paid by the COUNTY.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State -of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
AGREEMENT 01740-Page 4 of 24
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D.4.b
Lester Building Mold Remedi-ation
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the e—iforcement 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. E
2
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any 22
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
legal representatives, successors, and assigns.
0
0
f) Authority. Each party represents and warrants to the other that the execution, 3
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it
has had ample opportunity to sr:bmit this Contract to legal counsel of its choice and
enters into this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek;_-and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
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
sessions between representatives of each of the parties. If the issue-or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida
law. This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach _of this
Agreement, County and Contractor agree-to participate, to the extent required by-the a
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.
k) Covenant of Nor 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.
AGREEMENT 01740-Page 5 of 24
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D.4.b
Lester Building Mold-RemediaHon
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;
u. authorized compensation; misuse of public position, conflicting employment or
contractual relationship; and-disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that 22
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including -but not limited to Chapter 119, Florida Statutes and Section 24 of 0
article I of the Constitution of Florida. The County and Contractor shall allow and 3
permit reasonable access to, and- inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County- and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be-deemed a material breach of this contract and
the County may enforce the terms of-this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any 0
termination or expiration of the contract.
The Contractor is encouraged to consult-with its advisors-about-Florida Public Records
Law in order to comply with this provision.
cm
Pursuant to F.S. 119.0701- and the terms and conditions-of this contract, the Contractor S
is required to: a
(1) Keep and maintain public records that would be required by the County to
perform the- service. a
(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
provided in-this chapter or as otherwise provided by law. E
(2) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
AGREEMENT 01740-Page 6 of 24
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D.4.b
Lester Budding--Mold Remediation
completion of-the contract if the contractor does not-transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records g
that would be required by the County to perform the service. If the
Contractor transfers all pub records to the Count upon completion of the
p Y p P �
contract, the Contractor shall destroy any duplicate public records that are E
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
°
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess
the requested records, the County shall immediately notify the Contractor of
the request, and the Contractor must provide the records to the County or 0
allow the records to be inspected or copied within a reasonable time.
3
4-
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in _accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public_ records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, _destroy or 0
otherwise dispose of any_public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE X
x
APPLICATION OF CHAPTER 119, FLORIDA- STATUTES, -T0 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@MONROECOUI":TY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE-408, KEY WEST, FL 33040.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance
coverage,-or local government liability insurance pool coverage shall not be deemed
a waiver-of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
AGREEMENT 01740-Page 7 of 24
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Lester Building Mold Remediation
workers' compensation, and other benefits which apply to the activity of officers,
agents, -or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of she 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 g
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory E
Duties. This Agreement is not intende
d to nor shall it be construed as relievingan
g ,
Y
participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent-permitted by the Florida constitution, state statute, and case law.
°
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the 0
Contractor or any agent, officer, or employee of-either shaii have the authority to
3
inform, counsel; or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed 0
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, -each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
AGREEMENT 01740-Page 8 of 24
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Lester Building Mold Remedietion
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other
invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its
employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per E
occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the
term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is
delayed or suspended as a result of the Contractor s failure to purchase or maintain
the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted
against the County by virtue of any deficiency or ambiguity in the plans and
specifications provided by the Contractor, the Contractor agrees and warrants that
Contractor shall hold the County harmless and shall indemnify it from all losses 0
occurring thereby and shall further defend any claim or action on the County's behalf.
3
4-
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it-is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any 0
or all of the work in this project to any third party, the Contractor specifically agrees
to identify the COUNTY as an additional insured-on all insurance policies required by
the County. In addition, the Contractor specifically agrees that all agreements or
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured.
6.5 Any written notices or correspondence_given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by-courier with proof of delivery.
Notice shall be sent to the following persons:
U)
For Contractor: Paul Sweeney
Global Disaster Recovery
, Inc.
13333 Overseas Hwy.
Marathon FL 33050
For Owner: Director of Pro`ect Manaciement Assistant Countv Administrator PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Kpy West FL 33040 Kev West FL 33040
AGREEMENT 01740-Page 9 of 24
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ARTICLE 7
Enumeration of Contract Documents
7.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: None.
7.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and E
Contractor. 2
22
0
7.1.2 The General Conditions: None,
0
7.1.3 The Supplementary Conditions of the Contract are the FEDERAL REQUIRED
CONTRACT PROVISIONS provided below and IAQ MOLD ASSESSMENT REPORT
BY KEY WEST PRO MANAGEMENT.
°
7.1.4 The Addenda, if any, are as follows: None.
FEDERAL OONTR.ACT RE UIREMENTS
0
0
TERMINATION c
3
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days e
written notification to the CONTRACTOR. e
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACT OR should CONTRACTOR fail e
to perform the covenants herein contained- at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the
breach is .not cured_,_the Agreement will be terminated for cause. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the- sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and
seek an offset for damages caused by the breach. The maximum amount due to a
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
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
AGREEMENT 01740-Page 10 of 24
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termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement, in addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to
sue for breach of contract and including the right to pursue a claim for violation of the g
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 22
0
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are 3
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education �
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 0
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of 3
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse-Office and r_
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The-Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 142 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1966 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which-prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
11)-Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
a
During the performance of this-Agreement, the..CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Peg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as_ amended-by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix ll, �l C, agrees as
follows:
Equal Employment ODDortuni When required by Federal program legislation, which �
includes FEMA grant and cooperative agreement programs.
Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
AGREEMENT 01740-Page 11 of 24
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the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must
include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in
accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg.
12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, Amending Executive Order 11246 Relating to Equal Employment
Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C.
y Definitions. 22
0
Federally Assisted Construction Contract. The regulation at 41 C.F.R.§ 60-1.3 defines a I-
0
"federally assisted construction contract" as any agreement or modification thereof
between any applicant and a person for construction work which is paid for in whole or
in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such
grant, contract, loan, insurance, or guarantee, or any application or modification thereof
approved by the Government for a grant, contract, loan, insurance, or guarantee under
which the applicant itself participates in the construction work. 0
0
3
1) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines
"construction work" as the construction, rehabilitation, alteration, conversion,
extension, demolition or repair of buildings, highways, or other changes or
improvements to real property, including facilities providing utility services.
The term also includes the supervision, inspection, and other onsite functions
incidental -to the actual construction.The contractor will not discriminate
against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for-employment,
notices to be-provided by the contracting officer setting forth the provisions-of
this nondiscrimination-clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because -such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
AGREEMENT 01740-Page 12 of 24
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compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to-a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action, g
including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
22
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer, E
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
°
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
0
0
6) The contractor will furnish all information and reports required by Executive
3
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his- books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
71 In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with-any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts in 0
accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and
remedies invoked -as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided-by law.
FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to
2 C.-F.R. Part 200, as amended, including but not limited to:
9.29.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3.1.48). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
AGREEMENT 01740-Page 13 of 24
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Lester Building Mold Reined ation
Assisted Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the Department g
of Labor in each solicitation(attached as Exhibit A). The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding E
agency. When required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
SecurityGrant Pr
ogram ram and Transit Sec
urity Grant Program
am it does not apply o t other 9
Y P 9 ( p. Y
FEMA rant and cooperative agreement programs, incl
uding the Public Assistance
9 p 9 P 9 � 9
Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40
J.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or
in Part by Loans or Grants from the United States"). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give-up any part of
the compensation to which he or she is otherwise entitled. The COUNTY must report all 0
suspected or reported violations to the Federal awarding agency.
3
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA
may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in- any lower "tier �
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all �s
of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §-5.12.
9.29.2 Contract Work Hours and Saet Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement-programs,
all-contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker E
is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply
AGREEMENT 01740-Page 14 of 24
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to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
9-29.3 Ri hts to Inventions Mace Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the g
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements, and any implementing regulations issued by the awarding agency.
9.29.4 Clean Air Act 42 U.S.0 7401-7671 and the Federal Water Pollution Control Act
33 U.S.C. 1251- 3387 . Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§§125.1-1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 0
7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as 3
amended—applies to Contracts and subgrants of amounts in excess of$150,000.
0
9.29.5 Debarment and Suspension Executive Orders 12549 and 1268j—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmenhuide_ 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 regulatziry authority other than 0
Executive Order 1-2549.
9.29.6 ByrdAnti-i_obb in Amendment 31 U.S.C. 1352 —Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee a
of Congress, or an employee of- a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up#o the non-Federal award.
9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste
disposal Act, as amended, by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 247 that
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the
AGREEMENT 01740-Page 15 of 24
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item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines.
Other Federal Requirements:
9.29.9 Americans with Disabilities Act of 1990 as amended ADA) — The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal 22
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the
policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended,
shall have 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 this Agreement. In this 0
regard, all recipients and contractors shall take all necessary and reasonable 3
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. A 200.321 CONTRACTING WITH -SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks
to subcontract_ goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
12) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources,
(3) Dividing total requirements, when economicaiuy 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 regurement permits, which encourage
participation by small--and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the E
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative
steps listed in paragraph (1) through (5) of this section.
9.30 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
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system to verify the employment eligibility of all new employees--hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the
U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term.
IF Florida DEM Agreement
9.31 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded E
Subaward and Grant Agreement between COUNTY and the Florida Division of
Emergency Management(Division) and attached hereto as Exhibit B.
9.32 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of
whatever nature arising out of the CONTRACTOR's performance of work under this
Agreement, to the extent allowed and required by law.
a
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AGREEMENT 01740-Page 17 of 24
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This Agreement is entered into as of the day and year first written above and is executed in at
least two (2) original copies of which one (1) is to be delivered to the Contractor.
Execution by the Contractor must be by a person with authority to bind the entity.
g
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT (MUST BE NOTARIZED.
(SEAL) E
Attest KEVIN MAD , Cle
rk MONROE COUNTY 2
0
BY:
Deputy Clerk Coun y/Assistant Administrator
Date: Date, / U)
".1;p ft�; LISA STUARI
° Notary Public State of Florida
o
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r'ommisslon# FF 130003 CONTRACTOR
Contractor Witnes, Attest. Global Disaster Recovery, Inc.
By: wIQ- e111-i1_ B
Owner'or Authorized'Representative-to .g
bii" the Contractor,
Title:
Title:
Date: < m_
Date:
�s
Co
MONROE COUN' "a ATTORNEY
Ry: R O O FORM
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Title:
Date',
RiS AMISROSIC......_ ...W_
AS;�IS'TA "t"COI�'�"Y ATTORNEY °
Date:
End of Agreement
AGREEMENT 01740-Page 18 of 24
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2
22
I-
0
Exhibit
Department of Labor Wage Determination
a
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0
0
0
4-
0
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0
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a
EXHIBIT Page 19 of 24
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General Decision Number: FL180063 03/16/2018 FL63
Superseded General Decision Number: FL20170063
State: Florida
Construction Type: Building
County: Monroe County in Florida. g
BUILDING CONSTRUCTION PROJECTS (does-not include single family homes or apartments
up to and including 4 stories).
22
Note: Under Executive Order (EO) 13658, an hourly minimum wage of$10.3.5 for calendar year
2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification listed on this wage determination at
least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is
higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum
wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned
types of contracts entered into by the federal government that are subject to the Davis-Bacon
Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available at 0
www.dol.gov/whd/govcontracts.
3
4-
0
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
2 02/23/2018
3 03/16/2018
* ELEC0349-003 03/05/2018
0
Rates Fringes
ELECTRICIAN $ 33.11 12.31
ENG10487-004 07/01/2013
OPERATOR: Crane
All-Cranes Over 15 Ton Capacity $ 29.00 8.80
Yard Crane-, Hydraulic
Crane Capacity_ 15-Ton and Under $ 22.00 8.80
1 RON0272-004 10/01/2017
IRONWORKER, STRUCTURAL AND REINFORCING $ 24.89 10.10
PAIN0365-004 07/01/2017
PAINTER: Brush Only $ 20.21 10.08 E
SFFL0821-001 01/01/2018
SPRINKLER FITTER (Fire Sprinklers) $ 27.68 18.89
SHEE0032-003 12/01/2013
Packet Pg. 1094
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Rates Fringes
SHEETMETAL WORKER (HVAC Duct Installation) $ 23.50 12.18
SUFL2009-059 05/22/2009
CARPENTER $ 15.08 5.07
CEMENT MASON/CONCRETE FINISHER $ 12.45 0.00
22
0
FENCE ERECTOR $ 9.94 0.00
I-
0
LABORER: Common or General $ 8.62 0.00
LABORER: Pipelayer $ 10.45 0.00
OPERATOR: Backhoe/Excavator $ 16.98 0.00 U)
OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 9.58 0.00
0
0
OPERATOR: Pump $ 11.00 0.00 3
PAINTER: Roller and Spray $ 11."21 0.00
PLUMBER $ 12.27 3.33
-ROOFER: Built Up, Composition, Hot Tar and Single Ply $ 14.33 0.00
SHEET METALWORKER, Excludes HVAC Duct Installation $k14.41 3.6
TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15
WELDERS - Receive rate prescribed for craft performing operation- to which welding is
incidental.
x
Note_: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors :2
-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 a
work, up to 56 hours of paid-sick leave each year. Employees must--be-permitted to use paid
sick-leave for their own illness, injury or other health-related needs, including preventive care; to
assist a family member (or person who is like family to the employee) who is ill, injured, or has
other health-related needs, including preventive care; or for reasons resulting from, or to assist
a family member (or person who is like family to the employee) who-is a victim of, domestic
violence, sexual assault, or stalking. Additional information on contractor requirements and
worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Agreement Page 21 of 24
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Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor-standards contract clauses (29CFR 5.5
(a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been g
found to be prevailing for the cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical order of "identifiers" that indicate
whether the particularrate is a union rate (current union negotiated rate for local), a survey rate E
(weighted average rate) or a union average rate (weighted union average rate).
22
Union Rate Identifiers
I-
0
A four letter classification abbreviation identifier enclosed in dotted lines beginning with
characters other than "SU" or "UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is
an abbreviation identifier of the union which prevailed in the survey for this classification, which
in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination. 07/01/2014 is the effective date
of the most current negotiated rate, which in this example is July 1, 2014. 0
0
Union prevailing wage rates are updated to reflect all rate changes in the coilective bargaining 4-
agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this
classification in the survey and the published rate is derived by-computing a weighted average
rate based on all the rates reported in the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it may include both union and non-union
rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a 0
weighted average- calculation of rates and-are not majority rates. LA indicates the State of
Louisiana. 2012 is the year of survey on which these classifications and rates are based. The
next number, 007 in the example, is an internal number used in producing the -wage
determination. 5/13/2014 indicates the survey completion date for the classifications and rates
under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is-conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed
for those classifications; however, 100% of the data reported for the classifications was union
data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in the example, is an internal
number used in producing the wage determination. 08/29/2014 indicates the survey completion
datefor the classifications and rates under that-identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted
average of the current negotiated/CBA rate of the union locals from which the rate is based.
Agreement Page 22 of 24
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an-initial decision in the matter?-This can be:
* an existing published wage determination g
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position ona wage determination matter
* a conformance (additional classification and rate) ruling E
2
22
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in-which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. if the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division 0
U.S. Department of Labor 3
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration-from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W. 0
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to.the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the AdministrativeReview Board (formerly the Wage Appeals-Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board arefinal.
END OF GENERAL DECISION
Agreement Page 23 of 24
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LesterBuild-in Mold Reimediation
2
22
- xhi-bit
Monroe County FDEM Agreement
a
a
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D.4.b
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Contract Number: Z0002
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R.§200,92 stales that a"subaward maybe provided through any form of legal agreement,including an
agreement that the pass-through entity considers a contract"
2
22
As defined by 2 C.F.R.§200.74,"pass-through entity means"a non-Federal entity that provides a subaward to a
Sub-Recipient to carry out part of a Federal program.' L_
0
As defined by 2 C.F.R.§200,93,"Sub-Recipient"means'a non-Federal entity that receives a subaward from a
pass-through entity to carry out part of a Federal program."
°
As defined by 2 C.F,R.§200.38,'Federal award"means"Federal financial assistance that a non-Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity.'
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0
0
As defined-by 2 C.F.R.§200.92,"subaward"means"an award provided by a pass-through entity to Sub-
Recipient for the Sub-Redpient to carry out part of a Federal award received by the pass-through entity."
0
C
The following information is provided pursuant to-2 C:F_R §200 331(a)(1):
Sub-Recipient's name: Monroe_gunly
Sub-Recipient's-PA IDIFIPS Number. 087-99087-00
Sub-Recipient's unique entity identifier. 021771 09 ca
Federal Award Identification Number(FAIN): 4337ORFLP0000001
Federal Award Date., 7
Subaward Period of Performance Start and End Late. 9/10/2017—03/1 D12018
Amount ofFederal Funds Obligated by this Agreement: $Z85&535.94
ca
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to-include this Agreement: 85t)53 94
Total-Amount of the Federal Award committed to the Sub-Recipient
by the pass-through entity: 2 858.535,94
Federal award project description(see FFATA) Gr nt to Local Government fir
debris rep v I errs r e U)
tote'±-t—lve
nteasaares and repai crr
,�d'��ernOnt gf�9isaaster darrmarae
fa i1it" s �,
Name of Federal awarding agency: j7 cif toland 'ocurWty(DI lS1 E
derat Emer en GeV ng ment
agency(FEMA)
Name of pass-through entity, Florid 1vt i_n WErnergency
Management(Ft31:M)
Packet Pg. 1099
2
Contact information-for the pass-through entity-, 2 55 Shumard Pa!S-B!Xd,
Catalog of Federal Domestic Assistance(CFDA)Number and Name: 27k
I r_
Whether the award is Research&Development: N/A 0
Indirect cost rate for the Fedefal award. See by 44 C,F.R, 207,51b)(4�
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Packet Pg. 1100
D.4.b
3
THIS AGREEMENT is entered into by the State of Florida, Division of-Emergency Management,
with headquarters in Tallahassee,Florida(hereinafter referred to as the"Division"), and Monroe County,
(hereinafter referred to as the"Sub-Recipient"),
g
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED-ON THE FOLLOWING REPRESENTATIONS: E
2
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds 22
0
to provide the services'identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below;and,
C. The Division has statutory authority to disburse the funds under this Agreement.
U)
THEREFORE, the Division and the Sub-Recipient agree to the following:
(1) AI-ICI ICATIO 4 OF STATE LAW TO THISAEI , gMEt
2 C.F.R. §200,302 provides;`Each state must expend and account for the Federal award 0
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971. Florida Statutes, entitled"Agreements funded with federal or state
r_
assistance",applies to this Agreement. o
(2) LAWS, RULES REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required by Section 215.971(i), Florida Statutes, this Agreement includes:
i. A provision specifying-a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment,_Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed E
and the criteria for evaluating the successful completion of each deliverable. E
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required bythe-agreement. U)
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must-be refunded to the Division.
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D.4.b
4
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by g
At applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to
a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. E
(3) gONTACT
6
a. In accordance with.section 215.971(2), Florida Statutes,the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests
0
payment.
C
b. The Division's Grant Manager for this Agreement is: o
0
Lililita Forbes o
3
2555 Shumard Oak Blvd, Ste. 360
Tallahassee. FL 32399-2100
Telephone: 850-815-441 9
Email: Lililita.Forbes@em.myfiorida.com
c. The name and address of the Representative of the Sub-Recipient responsible for .�
the administration of this-Agreement is:
Laura deLoach=Hartle
1100 Simonton St., Ste.2-213
Key West, FL 33040-3110
Telephone: 305-292-4482
x
Email:deloachhartle-!aura@monroecounty-fl.gov
d, in the event that different representatives or addresses are designated by either-party E
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party in writing via letter or electronic email.-it is the Sub-Recipient's responsibility to
authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the
Designation of Authority(Agents), in Attachment D may authorize addition or removal of agency users_
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0
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(4) TERM 3 AND CDNDITIGN''S
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
0
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) h ODIFtCATI E
2
Either party may request modification of the provisions of this Agreement. Changes 22
0
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to E
the original of this Agreement. In order for a Project to be eligible for reimbursement,a modification to this
agreement must be executed incorporating the Project as identified by number, budget, and scope of
work.Projects not included by modification will be ineligible for funding, regardless of Federal approval for
the Project.
U)
(7) SCO E OF WORK �
The Sub-Recipient shall perform the work in accordance with the Budget and Project List
0
—Attachment A and Scope of Work, Deliverables and Financial Consequences—Attachment B of this e
,agreement,
(8) PERIOD OF AGREEMENT,
This Agreement shall begin upon execution by both parties-and shall end six (6)months
from the date of declarations for Emergency Work(Categories A&B) or eighteen (18) months from
the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance
with the previsions of Paragraph (17) of this Agreement. Consistent with the definition of"period of
performance'contained in 2 C,F,R. §200.77,the term"period of agreement"refers to the time during
which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this
0
Agreement: In accordance with 2 C.F.R.§200.309, the Sub-Recipient may receive reimbursement under
this Agreement only for"allowable costs incurred during the period of performance." In accordance with
e
section 215.971(1)(d), Florida Statutes,the Sub-Recipient may expend funds authorized by this
Agreement"only for allowable costs resulting-from-obligations incurred during"-the period of agreement.
(9) FUNDING
a. This is-a cost-relmbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation-by the-Legislature,and subject to any modification in
accordance with either Chapter 216, Florida Statutes,or the Florida Constitution.
c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by-the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is-outlined in Attachment A of this Agreement("Budget and Project List"). The
e
maximum reimbursement amount for the entirety of this Agreement is two million,eight hundred fifty-eight
thousand, five hundred and thirty-five dollars and ninety-four cents($2,858,535.94).
Packet Pg. 1103
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6
d. As required by 2 C.F.R. §200A15(a), any request for payment under this Agreement
must include a certification,g i ned tyjgn official who is authorized to all bind the Su -Reci lent,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
0
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the termsand conditions of the Federal award. I am aware that any 0
false, fictitious, or fraudulent information,or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18, 22
Section 1001 and Title 31, Sections 3729-3730 and-3801-3812).'
e, The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient in FloridaPA,org against a performance measure, outlined
in Attachment B, Scope of Work, Deliverables, and Financial Consequences, that clearly delineates:
J. The required minimum acceptable level of service to be performed; and,
U)
ii. The criteria for evaluating the successful completion of-each deliverable.
f. The performance measure required by section 215.971(1)(b): Florida Statutes,
remains consistent with the requirement for a"performance goal",which is defined in 2 C.F.R. §200.76 as 0
0
"a target level-of performance expressed as a tangible, measurable objective, against which actual 3
achievement can be compared." It also remains consistent with the requirement,contained in 2 C.F.R.
§200,301,that the Division and the Sub-Recipient"relate financial data to performance accomplishments o
of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Bub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If authorized by the Federal
Awarding Agency,and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when
0
no work is performed due to vacation, holiday, illness,failure of the employer to provide sufficient work,or
other similar cause(see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit.
2 C.F.R. §2DO.431(a) defines fringe benefits as"allowances and services provided by employers to their
employees as compensation in addition-to regular salaries and wages." Fringe benefits are allowable
under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-
employee agreement, or an established,policy of the-Sub-Recipient. 2 C.F.R.§200.431(b) provides that
the cost of fringe benefits in the form of regular compensation paid to-employees during periods of
authorized absences from the job,such as for annual leave, family-related leave, sick leave, holidays, 0
court leave, military leave, administrative leave,and other similar benefits,are allowable if all of the
following criteria are met:
f. They are provided under established written leave policies;
ii, The costs are equitably-allocated to all related activities,including Federal
awards; and,
Packet Pg. 1104
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W. The accounting basis (cash or accnaai) selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency; then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, 0
Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub-
22
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and$19 for dinner), then the Sub-Recipient must provide I-
documentation that;
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, _
iL Participation of the individual in the travel is necessary to the Federal award.
U)
L The Division's grant manager,as required by section 215.971(2)(c), Florida Statutes, �
-shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report, The final report must identify any funds paid in excess of the 0
0
expenditures incurred by the Sub-Recipient.
4-
j. As defined by 2 C.F.P..§200,53, the term"improper payment"means or includes; 0
L Any payment that should not have been made or that was made in an 0
incorrect amount(including overpayments and underpayments) under statutory,contractual, o
administrative, or other legally applicable requirements;and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received;except for such
payments where authorized by law),any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
0
(10)RECORDS
x
a, As-required by 2 C,F-R.§200,330;the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division,or anyof their authorized representatives, _
shall enjoy the right of-access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits,examinations, excerpts, and transcripts, The right
U)
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of �
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200,331(a)(5),the Division;the Chief Inspector General of
the State of Florida,the Florida-Auditor General,or any of their authorized representatives, shall enjoy the o
right of access to any documents,financial statements, papers,or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits,examinations, excerpts, and transcripts.
Packet Pg. 1105
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The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
0
119, Florida Statutes)and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or 0
consultants paid from funds under this Agreement, for a period of five(5)years from the date of
submission of the final expenditure report. The following are the only exceptions to the five (5) year 22
requirement;
i. If any litigation,claim, or audit is started before the expiration of the 5-year
period, then the records must be retained until all litigation, claims,or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
U)
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs,or pass-through entity to extend the-retention period.
0
iii. Records for real property and equipment acquired with Federal funds must 0
0
be retained for 5 years after final disposition.
iv, When records are transferred to or maintained-by the Federal awarding 0
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient.
V. Records for program income transactions after the period of performance. In o
some cases recipients must report program income after the period of performance. Where there is such �
a requirement,the-retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
0
vi Indirect cast rate proposals and cost allocations plans. This paragrap.y
applies to the following types of documents and their supporting records; indirect cost rate computations
or proposals, cost allocation plans,and any similar accounting computations of the rate at which a
0
particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe
benefit rates).
d. In accordance with 2 C.F.R. §200.334,the Federal awarding agency must request
transfer of certain records-to its custody from the Division or the Sub-Recipient-when it determines that
the records possess long-term retention value.
U)
e. In accordance with 2 C.F.R, §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division-must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper,electronic versions may be substituted through the use of duplication or other
0
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
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f. As required by 2 C.F.R. §200,303,the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
c
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g, Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) 0
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1)meetings of public boards or commissions must be open to the public;(2) 22
0
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act or,
behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates
U)
the performance of its public purpose to a private-entity,then,to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
0
fire department provides firefighting services to a governmental entity and uses facilities and equipment o
0
purchased with public funds,then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department: Thus,to the extent that the Government in the Sunshine Law applies to e
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the o
governing board may be subject to open government requirements. These meetings-shall be publicly
noticed open to the public, and the minutes of all the meetings shall be public records,available to the
0
public in accordance with Chapter 110, Florida Statutes. �
h. Florida's Public Records Law provide;a right of access to the re=- rds of the state
and local governments as well as to private entities acting on their-behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency for a private
0
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone,is insufficient to bring that entity
within the ambit of-the public record requirements. However,when a public entity delegates a public
function to a private entity, the records generated by the-private entity's performance of that duty become
U)
public records. Thus,the;nature and scope of the services provided by a private entity determine whether �
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records taw.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
0
documentation of all program costs, in a form sufficient to determine compliance with the requirements
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and objectives of the Budget and Project List—Attachment A, Scope-of Work—Attachment B-,and all
other applicable laws and regulations.
(11)AUDITS
g
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F. �
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
0
§200.49, GAAP"has the meanie specified in accounting standards issued b the Government
9 P o ernment
9 Y
Accounting Standards Board (GASB)and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2
C.F.R.§200.50,GAGAS,"also known as the Yellow Book, means generally accepted government
U)
auditing standards issued by the Comptroller General of the United States,which are applicable to
financial audits,"
0
d. If an audit shows that all or any portion of the funds disbursed were not spent in 0
0
accordance with the conditions of this agreement, the Sub-Recipient shall be held liable for 3
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of-such non- g
campliance. 2
e. The Sub-Recipient shall have-all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as"an independent certified public accountant
licensed under chapter 473." The independent_auditor shall state that the audit complied with the
appiicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub-Recipient's fiscal year.
fw The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C:F.R. Part 200. by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle Audit@em.myFlorida.com
OR
Office of the-inspector General
2555=Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall sendthe Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
httpa/harvester.census.gov4fac/collecVddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address.,
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DEMSingle Audit@a em,myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100 0
(12)fiEPORTS E
2
a, Consistent with 2 C.F.R. §200.328,the Sub-Recipient shall provide the Division with 22
0
quarterly reports and a close-out report. These reports shall include the current status and progress by E
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b- Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
U)
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
0
c. The closeout report is due sixty(60)days after termination of this Agreement or sixty 0
0
(60)days after completion of the activities contained in this Agreement,whichever first occurs.
d. If all required reports-and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold-further paymnents until they are o
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division"means that the work product was completed in-accordance with the Budget and Project List—
Attachment A, and Scope of Work—Attachment B.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
0
f. The Sub-Recipient shali provide additional reports and information identified in
Attachment G—Public Assistance Program Guidance.
(13)MONrrORlli'w1G.
x
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as Un
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deiiverables and-Scope of Work are being
accomplished within the specified-time-periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment B to this Agreement, and reported in the
quarterly report.
b. In addition to-reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits,and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division
Packet Pg. 1109
D.4.b
12
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief-Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
0
management by the Sub-Recipient throughout the-contract term to ensure timely completion of all tasks,
(14) I�TY"
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
76828(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out 22
0
the terms of this Agreement, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
b. As required by section 768,28(19), Florida Statutes,any Sub-Recipient which is a
U)
state agency or subdivision,as defined in section 768.28(2),Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts-or omissions which result in claims or suits against the
0
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the o
0
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
C
construed as consent by a state agency or subdivision of the State of Floridato be sued by third parties in o
any matter arising out of any contract.
(15)DEFAULT.
if any of the following events occur("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph(16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if.
0
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect,-or if the Sub-
Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b, -"dlaterial adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
0
have been submitted with incorrect, incomplete or insufficient information; or.
0
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
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13
(16)REME[ IES,
If an Event of Default occurs, then the Division shall,after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty 0
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the 22
address in paragraph (3) herein; E
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
U)
purposes under the laws, rules and regulations governing the use of these funds,
e_ Exercise any corrective or remedial actions, to include but not be limited to:
0
i_ Request additional information from the Sub-Recipient to determine the 0
0
reasons for or the extent of non-compliance or lack of performance,
1L Issue a written warning to advise that more serious measures may be taken
If the situation is not corrected, g
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question-or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
Incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law,
Pursuing any of the above remedies-will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in-equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by cm
the Division for-any other default by the Sub-Recipient.
(17)TERMINATIOI N.
a. The Division may-terminate this Agreement for cause after thirty days written notice,
Cause can include misuse of funds,fraud, lack of compliance with_applicable rules,laws and regulations, 0
;ailure to perform on time, and refusal_by the Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes; as amended.
b_ The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion,that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds,b p y providing the Sub-Recipient with thirty(30)calendar days prior written
notice.
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D.4.b
14
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d_ In the event that this Agreement is terminated,the Sub-Recipient will-not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has receivedthe 0
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible,
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be 22
0
relieved of liabilityto the Division because of an breach of Agreement b the Sub-Recipient, The
Y g Y P
Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18) R tCUREMENT
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
U)
the Agreement complies with all applicable federal and state laws and regulations,to include 2 C.F.R.
§§200,318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200(entitled"Contract Provisions for
0
Non-Federal Entity Contracts Under Federal Awards"). 0
0
b_ As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall"maintain records
4-
sufficient to detail the history of procurement. These records will include, but are not necessarily limited o
to the following-, rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall"maintain oversight to
ensure that contractors perform in accordance-with the terms,conditions, and specifications of their
contracts or purchase orders' In order to demonstrate compliance with this requirement, the Sub-
Recipient shall document, in-its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d, Except-for procurements by micro-purchases pursuant to 2 C.F.R, §200.320(a)or
procurements by small-purchase procedures pursuant to 2 C.-.F-IR, §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall cm
forward to the Division a copy of any solicitation (whether competitive or non-competitive)at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments,if any, to the Sub-Recipient within three(3)business days. Consistent
U)
with 2 C,F,R_ §200,324, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C,F.R. §§200,318 through 200,326 as well as Appendix II to 2 C_F.R, Part 200,
Consistent with 2 C.F.R. §200.318(k),the Division will not substitute its judgment for that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications, The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains
Packet Pg. 1112
D.4.b
I�
bound by all applicable laws, regulations,and agreement terms. If during its review the Division-identifies
any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient,then
the Division may;
L Terminate this Agreement in accordance with the provisions outlined in E
paragraph(17)above;and,
6
ii, Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation:
e. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)or
procurements by smalt purchase procedures pursuant to 2 C.F.R.§200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
va
review the unexecuted contract and provide comments, if any,to the Sub-Recipient within three(3)
business days. Consistent with 2 C.F.R, §200.324,the Division will review the unexecuted contract for 0
0
compliance with the procurement standards outlined in 2 C.F,R.,§§200,318 through 200.32E as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract,this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review,the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement towns. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3)business
-day window outlined above. if the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is nor-compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph(17) above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
subcontract.
f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is U)
bound by the terms of this Agreement, (ii)the subcontractor is bound by all-applicable state and federal
laws and regulations,and(iii)the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement,to the extent allowed and required by law.
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D.4.b
16
g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall"maintain written
standards of conduct covering conflicts of interesi and governing the actions of its employees engaged in
the selection, award and administration of contracts.
h. As required by 2 C,F.R. §200.319(a), the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full-and open competition." Accordingly, the
Sub-Recipient shall not: E
2
L Place unreasonable requirements on firms in order for them to qualify to do 22
business;
ii. Require unnecessary experience or excessive bonding;
ill. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an 0
equivalent;
0
vii. Specify a brand name product instead of describing the performance,
specifications, or oilier relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder wasinvdrved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
0
i, "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage"otherwise,the Sub-Recipient, as required by 2 C.F,R. §200.319(b), shall not use a
geographic preference when procuring-commodities or services under this Agreement.
j. The Sub-Recipient-shall conduct any procurement involving invitations to bid(i.e.
CD
sealed bids) in accordance with 2 C.F,R. §200,320(c)as well as section 287.057(1)(a), Florida Statutes. E
k. The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals)in accordance with 2 C.F.R. §200.320(d)as well as section 287.057(1)(b),
Florida Statutes.
I. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise,as defined in Section 288,703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C_F.R. §200.321
("Contracting with small and minority businesses,women's business enterprises,and labor surplus area
firms").
(19)ATTAQj tIiENTSS
Packet Pg. 1114
D.4.b
!7
a. All attachments to this-Agreement are incorporated as_if set out fully,
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the-attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments: 0
i. Exhibit 1 -Funding Sources
ii. Attachment A—Budget and Project List 22
0
iii. Attachment B—Scope of Work,Deliverables, and Financial Consequences E
iv. Attachment C—Certification Regarding Debarment
V. Attachment D—Designation of Authority
vi. Attachment E—Statement of Assurances
vii. Attachment F—Election to Participate in PA Alternative Procedures (PAAP)
U)
viii. Attachment G—Public Assistance Program Guidance
ix. Attachment H—FFATA Reporting
0
X. Attachment I—Mandatory Contract Provisions 0
0
xi. Attachment J—DHS OIG Audit Issues and Acknowledgement
xis. Attachment K—Justification of Advance Payment
(20)PAYM.ENTS g
a. Any advance payment under this Agreement is subject to 2 C.F,R.§200,305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required lobe held in an interest-
bearing account unless otherwise governed by program specific waiver. lfan advance payment is
requested, the budget data on which the request is based and a justification statement shall be-submitted
along with this agreement at the time of execution by completing Attachment K—Justification of Advance
0
Payment. The request will specify the amount of advance payment needed and provide an explanation of
the necessity for and proposed use of these funds. Any advance funds not expended within the first
ninety(90) days of the contract term must be returned to the Division Cashier-within(30) days,along with
any interest earned on the advance. No advance shall be accepted for processing If a reimbursement has on
been paid prior to the submittal of a request for advancers payment. After the initial advance, if any.
payment shall be made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within thirty(30)
days after the expiration date of the agreement or completion of applicable-Project,whichever occurs first.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to
the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph
(12)of this Agreement.
0
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Packet Pg. 1115
D.4.b
is
Financial Officer or under subparagraph(9)b, of this.Agreement, all obligations on—the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from-the Division,
0
(21)REPAYME TS
a. All refunds or repayments due to the Division under this agreement,subject to the
exhaustion of appeals, are due no later than thirty(30)days from notification by the Division of funds due.
FEMA only allows thirty(30) days from deobiigation for the funds to be repaid before it will refer the 22
amount to the FEMA Finance Center(FFC)for collection.
b. The Sub-Recipient understands and agrees that the Recipient may offset funds due
and payable to the Sub-Recipient until the debt to the State is satisfied. In such event, the Recipient will
notify the Sub-Recipient via the entry of notes in FioridaPA,org.
c. All refunds or repayments due to the Division under this Agreement are to be made
U)
payable to the order of"Division of Emergency Management, and mailed-directly to the following
address,
Division of Emergency Management 0
0
Cashier 3
2555 Shumard Oak Boulevard
r_
Tallahassee FL 32399-?100 0
d, In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15,00 or 5%
of the face amount of the returned check or draft,whichever is-greater. - -
(22)MANDATEt3 COhtDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements offhis Agreement. All of said information, representations, and materials are incorporated
x
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice-to the Sub-Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Florida,and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County_ If any provision-
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable,then the-provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the-terms of this
Agreement shall survive the term of this Agreement.
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D.4.b
tg
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336,42 U.S.C. Section 12101 et seq ,which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have-been placed on the 2gnvicted,vendor list following a conviction for a 0
public entity crime or on the discriminator v vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the 22
construction or repair of a public building or public work, may not submit bids on leases of real property to E
a public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity,and may not transact business with any public entity in
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
U)
f. Any Sub-Recipient which receives funds under this Agreement from the federal
government, certifies, to the best of its knowledge and belief,that ii and its principals:
0
i. Are not presently debarred, suspended, proposed for debarment, declared 0
0
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
4-
ii. Have not,within a€ive-year period preceding this proposal been convicted of
C
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public(federal, state or local)transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery,falsification or destruction of records,making-false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity(federal,state or local)with commission of any offenses enumerated in paragraph
(22)f. ii. of this certification; and,
iv, Have not within a five-year period preceding this Agreement had one or more
0
public transactions (federal, state or local)terminated for cause or default.
x
g. If the Sub=Recipient is unable to certify to any of the statements in this certification, on
then the Sub-Recipient shall attach an explanation to this Agreement,
h. In addition,the Sub-Recipient shall send to the Division(by-email or by
facsimile transmission)the completed "Certification Regarding Debarment, Suspension,
ineligibility And Voluntary Exclusion" (Attachment C)for the Sub-Recipient agency and each
intended subcontractor which Sub-Recipient-plans to fund under this Agreement. The form must
be received by the Division before the Sub-Recipient enters into a contract with any
subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents,papers, letters or other material subject to the
Packet Pg. 1117
D.4.b
0
provisions of Chapter 119, Florida Statutes, which the Sub=Reclpient created or received under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income-shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount unless otherwise governed by program specific waiver.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment 22
0
provisions contained in 8 U.S,C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act E
("INA')], The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of-the
e INA shall be grounds fo
r unilate��cancellation
of this Agreement by
the Division. 3
U)
I. All unmanufactured and manufactured articles,materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
0
under 41 U:S.C. 10a, unless it would not be in the public interest or unreasonable in cost. 0
(23)j,. 7SSY NG PROHIBITION o
3
a. 2 C,F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b_ Section 216,347, Florida Statutes, prohibits"any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch,or a state agency."
c. No funds or other resources received from the Division under this Agreement maybe
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency,
d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
x
or her knowledge and belief:.
i. No Federal appropriated funds have been paid-or will be paid, by or on
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of-any
Federal grant, the-making of any Federal loan, the entering into of any cooperative agreement,and the
extension, continuation, renewal,amendment or modification of any Federal contract,grant, loan or
cooperative agreement.
'si_ If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in
Packet Pg. 1118
D.4.b
2I
connection with this Federal contract, grant,loan,or cooperative agreement,the Sub-Recipient shall
complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its
instructions.
W. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose
accordingly. 22
0
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject-to a civil penalty of not less than $10,000 and not
more than$100,000 for each such failure.
(24) tOPYRIGH'T PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY 0
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER o
3
OR IN CONNECTION WITH THE-PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patentor copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. if-any discovery or invention.-is developed in the course of or as a result of work or �
services performed under this Agreement,or in any way connected with it,the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the-State of Florida will seek patent U
protection in its name, Any patent rights accruing under or in connection with the performance of this
Agreement are reservedio the State of Florida. If any books,manuals, films,or other copyr ightable
material are produced,the Sub-Recipient shall notify the Division_ Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State S
of Florida.
c-. Within thirty(30)days of execution of this Agreement, the Sub-Recipient shall-
disclose all intellectual properties relating to theperformance of-this Agreement which he or she knows or U)
should know could give rise-to a patent or copyright. The Sub-Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is disclosed, Failure to disclose will indicate
that no such property exists. The Division shall then, under Paragraph(24)b., have the right to all
patents and copyrights which accrue during performance of the Agreement
d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004,23, Florida Statutes,any invention conceived exclusively by the employees of the Sub-
Packet Pg. 1119
D.4.b
22
Recipient small become the sole property of the Sub-Recipient. In the case of Joint inventions, !hat is
inventions-made jointly by one or more employeesof both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
2
pain, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida 0
government purposes. E
(25) EGAL AUTHORIZATiON.
0
The Sub-Recipient-certifies that it has the legal authority to receive the funds under this
L_
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
(26) IAL+ I�l�(�l�TLlt�dnTy Ff�tI�LG"y't+wil '1�T 3
r n U)
a. In accordance with a1 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,as
0
defined in-the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in 0
part with funds obtained from the Federal Government or borrowed on the credit of the Federal 3
Government pursuant-to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following-equal o
opportunity clause: 2
During the performance of this contract,the contractor agrees as follows:
i. The contractor will-not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed,and that employees are treated during 0
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading,demotion,,or transfer, recruitment or recruitment
advertising: layoff or termination; rates of pay or other forms of
compensation, and selection for training, including apprenticeship_ The
contractor agrees to post in conspicuous places,available-to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause:
ii. The contractor will, in all solicitations or advertisements for-
employees placed by or on behalf of the contractor„ state that aii
qualified applicants will receive considerations for employment without
regard to race,color„ religion,sex,or national origin,
iii. The contractor will sand to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers`representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
Packet Pg. 1120
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23
IV. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
g
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965,and by rules,
regulations,and orders of the Secretary of Labor, or pursuant thereto, 0
and will permit access to his books, records, and accounts by the E
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
L_
vi. to the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations,or orders, this contract may be canceled,terminated,or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
maybe imposed and remedies invoked as provided in Executive Order
11246 of September-24, 1965, or by rule, regulation,or order of the o
Secretary of Labor, or as otherwise provided by law. u
0
3
vii: The contractor will include the portion of the sentence
immediate) preceding paragraph 1 and the provisions of o
Y P 9 P 9 P ( ) P paragraphs
(1)through(7)-in ever;subcontract or purchase order unless exempted
by rules---regulations,or orders of the-Secretary of Labor Issued pursuant
to section 204 of--Executive Order 11246 of September 24, 1965,so that
such provisions will be binding upon each subcontractor or vendor_ The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may-direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however,that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of o
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.
u
b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
CD
clause with respect to its own employment practices when it participates in federally assisted construction C
work. provided, that if the applicant so participating is a State or local government,the above-equal
a
opportunity clause is not applicable to any agency, instrumentality o,•-subdivision of such government
which does not participate in work on or under the contract,
0
c. The Sub-Recipient agrees-that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
CD
subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the
Secretary of tabor, that it will furnish the administering agency and the Secretary of Labor such E
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
Packet Pg. 1121
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4
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the 0
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings,the 22
0
administering agency may take any or all of the following actions: cancel; terminate, or suspend in whole E
or in part this grant(contract, loan, insurance,guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future corn pliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings. 3
U)
(27)COPELAND ANTI-KICKBACK ACT �
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
0
incorporate or cause-to be incorporated into any contract for construction work;or modification thereof, 0
the following clause:
i. Contractor. The contractor shall comply with 18 U_S.C, § 874,
40 U.S.C. 5-3145, and-the requirements-of 29 C.F.R. pt. 3 as may be
0
applicable, which are incorporated by reference into this contract,
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such-other clauses as the FEMA may
by appropriate instructions require,and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts,
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
0
clauses. t 3
W. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
cm
(28) O TI ACT WORK HOURS AND SAFETY"STANDARDS
If the Sub-Recipient,-with thefunds authorized by this Agreement,enters into a contract
that exceeds$-1 00,000 anal-involves the employment of mechanics-or laborers, then any such contract
must include a provision for comphnce-with 40 U.S.C. 3702 and 3704, as-supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of forty(40)
hours: Work in excess of the standard work week-is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty
(40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
Packet Pg. 1122
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25
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation.
(29)CI-EAN A R ACT AND E FEDERAL WATER POLLUTION CONTROL ACT
if the Sub-Recipient,with the funds authorized by this Agreement, enters into a-contract
that exceeds$150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) 22
and the Federal Water Pollution Control Act as amended (33 U.S.C. 0
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency(EPA).
(30)S SPEINISION AND DEBAR IEN
Per 2 C.F.R. 200.213 Suspension and debarment, non-Federal entities are subject to the
non-procurement debarment and suspension regulations implementing Executive Orders 12549 and
12689, 2 C.F.R.part 180.These regulations restrict awards, subawards, and contracts with certain
parties that-are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs or activities, 0
0
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions; 0
i. This contract is a covered transaction for purposes of 2 C.F.R. 0
pt, 180 and 2 C,F.R, pt. 3000, As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates(defined at 2 C.F.R. §180.905) are excluded
(defined at 2 C.F.R. §-180.940)or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C_F_R. pt. 180,subpart C and
2 C.F.R, pt. 3000, subpart C and must include a requirement to comply U
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government CID
may pursue available remedies, including but not limited to suspension
and/or debarment..- E
cc
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subparl C while this v'
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance In its lower tier covered transactions.
(31)BiD AhIT't-LOB y'llG AMEI�I fl'Eh1'T
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment,31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of$100,000 or more shall file
Packet Pg. 1123
D.4.b
26
the required certification. Each tier certifies to the tier above that it will
not and has not used-Federal appropriated funds to pay any person or
organization-for influencing or attempting to influence an officer or
employee of any agency,a member of Congress, officer or employee of
Congress, or an-employee of a member of Congress in connection with g
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non- 0
Federal funds that lakes place in connection with obtaining any Federal E
award. Such disclosures are forwarded from tier to tier up to the
recipient.
0
r
i32)CONTRACTII WITH SMALL AND MINORITY BUSINESSES
WOMEN" 13U2IV SS
ENTERPRIS�D LABf_7R t US AR A FIRMS
a. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
3
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used wherever g�sible:
i. Placing qualified small and minority businesses and women's business
0
enterprises on solicitation lists; o
3
ii_ Assuring that small and minority businesses, and women's business
0
enterprises are solicited whenever they are potential sources;
0
0, Dividing total requirements,when econonircall feE,ible, into smaller tasks or
quantities to permit maximum participation by small and minority businesse,i and women's business
enterprises;
iv. Establishing delivery schedules,where tie re uirerrent permits,which
encourage participation by small and minority businesses, and women's-business enterprises;
v_ Using the services and assistance,as,ap ror- , of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce;and
ca
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs I. through v. of this subparagraph.
b. The requirement outlined in subparagraph a.above, sometimes referred to-as
a
"socioeconomic contracting,"-does--not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out and
U)
document-the-six affirmative steps identified above.
c. The"socioeconomic contracting"requirement outlines the affirmative steps that the
Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from!undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements,when economically feasible,Into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub-Recipient to break a single project down into
Packet Pg. 1124
D.4.b
27
smaller components in order to circumvent the micro-purchase or small purchase thresholds-so as to
utilize_streamlined acquisition procedures(e.g.'proiect splitting`).
(33)ASSURAN
g
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment E,
2
22
0
I-
0
a
C
0
0
0
3
4-
0
C
0
C
0
a
C
0
Packet Pg. 1125
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28
N WITNESS WHEREOF,the parties hereto hav&eixecuted this Agreement,
g
SUI -RECIPIENT: MON OE COUNTY
ACLERK
; -
as
Name and title; DEPUTY CLERK
Date, Ma-GI„ 18
I-
FEID#59-6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
0
0
By, 3
Name and Title6 Wesley Maul, Director
Date,
2
0
MDbiROE COUNTY ATT4 q�
I ACHISP' f� SIB T t°0RM;
ASStSTAW C QN,r' "ffORNEY
DATE:
U)
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2
EXHIBIT—1
0
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS 0
AGREEMENT:
22
0
Federal Program E
Federal agency: Federal Emergency Management Agency: Public Assistance Program
0
Catalog of Federal Domestic Assistance: 97.036
Amount of Federal Funding: $2,858,535,94
°
U)
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
0
a 2 C_F.R. Part 200 Uniform Administrative Requirements,Cost Principles, and Audit Requirements o
for Federal Awards 3
• 44 C.F.R. Part 206
0 The Robert T_ Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as o
amended, 42 U.S.C.5121 et seq.,and Related Authorities
• FEMA Public Assistance Program and Policy Guide,2017 (in effect for incidents declared on or
after April 1, 2017)
Federal Program:
1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Public
Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s).Eligible work is
classified into the following categories: o
Emergency Work
Category A: Debris Removal
Category B: Emergency Protective Measures
Permanent Work
Category C: Roads and Bridges
Category D:Water Control Facilities
Category-c: Public Buildings-and Contents
Category F: Public Utilities E
Category G: Parks, Recreational, and other Facilities
U)
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this
Agreement,or will be in violation of the terms of the Agreement.
NOTE;Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs and State-Projects included on pg. i of this subgrant
agreement and in Exhibit 1 be provided to the Sub-Recipient. o
Packet Pg. 1127
D.4.b
30
Attachment A
Budget and Project List
'ud et;
g
The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that
the Federal Emergency Management Administration(FEMA) has obligated for a Sub-Recipient at the
time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this �
Agreement. The PW(s)that have been obligated are;
DR-4337 Sub-Recipient. MON'ROE COUNTY
�PW Cat Project Title Estimated Fed.. F.-.. . .,....� .�� .. .al ..._. .... ..�_Funding
Federal
State Local Total Funding
# Total % Share Share Share
22 0 B LaborA__,C u t__ $2,fi67,613IT65 7_�. $2,6E7,613.65
� ..
first
f ) 00% 0 0 $2,667,613 65
days
. .._-....__... —_..— w ..... ......m_� —6_6 ._� ._.._
t3 Fire Rescue $t06;465.29 700•�w.a. $106,465,29 Q 0 $106,45.29 3
Medical
Supplies
�..�_._..� °$60,y49.5Q .__ ..o---- p O
Tem orary $60;949.5 100/ $60,949 50
Sanitary 0
Facilities
Rentals for 100 0
f6 _.._
3
48(0) 6 Temporary $23,507 50 100% $23,507 50 Q
_ ;�_-... _" 0 $23 507.50TM
fence t r_
_..... -----........ .........
_ . ..�_......_._.....__
. .. ..
.. _._.. m w.._w__. ._ ........� _ _. .._. ._.__ .. .....
_.
X
..._......._..
U)
as
DR4337 Total $2,858,535.94
Packet Pg. 1128
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31
Attachment B
SCOPE OF WORK,DELIVERABLES
and FINANCIAL CONSEQUENCES
0
Scope of Work T
Complete eligible Projects for emergency protective measures, debris removal., repair or replacement of
Disaster damaged facilities.
22
When FEMA has obligated funding for a Sub-Recipient's PW, the Division notifies the Sub-Recipient with o
a copy of the PW(or P2 Report). A Sub-Recipient may receive more than one PW and each will contain
a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as
necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will
be monitored,completed and reimbursed independently of the other Projects which are made part
of this Agreement.
a
U)
Deliverables
Large Projects
Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large 0
Project costs shall be based on the percentage of completion of the individual Project.Any request for o
reimbursement shall provide adequate, well organized and complete source documentation to support all
costs related to the Project, and shall be clearly identified by the Project Numberas generated by FEMA.
Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment_
Reimbursement up to-95%of the total eligible amount will be paid upon acceptance and contingent upon: 2
• Timely submission of Quarterly Reports(due 30 days after end of each quarter)_
• Timely submission of invoices(Requests for Reimbursement)at least quarterly and supported by
documentation for all costs of the project or services. The final invoice shall be submitted within
sixty(60) days after the expiration of the agreement or completion of the project,whichever
occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices
shall be-submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly U
reporting as referenced in Paragraph 7 of this agreement: a
• Timely submission of Request for Final Inspection-(within ninety(90)days of project completion—
for each project). ca
• Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA)forms G702
and G703, as required below.
o A.Affidavit.The Recipient is required to submit an Affidavit signed by the Recipient's E
project personnel with each reimbursement request attesting to the following:the
percentage of completion of the work that the reimbursement request represents, that
disbursements or payments were made in accordance with all of the Agreement and
regulatory conditions,-and-that reimbursement is due and has-not been previously
requested.
o B.AIA Forms G702-and G703. For construction projects where an architectural.-
engineering or construction management firm provides construction administration
services, the Recipient shall provide a copy of the American Institute of Architects(AIA)
form G702, Application and Certification for Payment,or a comparable form approved by
the Division, signed by the contractor and inspection/certifying architect or engineer, and
a copy of form G703, Continuation Sheet, or a comparable form approved by the
Division, o
Packet Pg. 1129
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32
Five percent(5%)of the total eligible amount(including Federal, state and local shares)-will be withheld
from payment until the final Request for Reimbursement(or backup for advance expenditure)has been
verified as acceptable by the Division's grant manager,which must include dated certification that the
Project is 100% complete. Further,all required documentation must be available in FloridaPA,org prior to-
release of final 5%,to Include permits,policies&procedures, procurement and insurance documents.
Small Projects
Small projects will be paid upon obligation of the Project Worksheet. Sub-Recipient must initiate the E
Small Project Closeout in FloridaPA.org within 30 days of completion of the project work,or no later than 2
the period of performance end date. Smatl Project Closeout is initiated by logging into FlondaMorg,
selecting the Sub-Recipient's account, then selecting'Create New Request', and selecting 'New Small
Project Completion/Closeout', Complete the form and'Save'. The final action is to Advance the form to
the next queue for review.
Financial Conse uences;
For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal, state and local
requirements,the Division shall withhold a portion of the funding up to the full amount. Any funds
advanced to the Sub-Recipient will be due back-to the Division.
0
0
0
3
4-
0
0
0
x
a
Packet Pg. 1130
D.4.b
3
Attachment C
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
0
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient, ,certifies, by submission of E
this document, that neither it nor its principals is presently debarred, suspended, proposed for 2
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any 22
Federal department or agency, o
(2) Where the Sub-recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
y D 'Sig0
Sub-Recipient's Nar- - � �-
natureie 00
Name and�Title _ _ DEM Contract Number
. iret dc�ss,. .._.�... .-.._. �m_�.�._.��. ,.�... �.__.�.,�...�_.�..,,��..�..�....__e�.� .®
FEMA Project Number
r0
ci s
City, Stake, Zip
Daie �
0
x
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U)
Packet Pg. 1131
D.4.b
34
Attachment D
DESIGNATION OF AUTHORITY
The Designation of Authority Form is submitted with each new disaster or emergency declaration to g
provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org
system in order to enter notes, review notes and documents, and submit the documentation necessary to
work the new event.The Designation of Authority Form is originally submitted as Attachment-"D"to the PA
Funding Agreement for each disaster or emergency declaration: Subsequently, the Primary-or Alternate
contact should review the agency contacts at least quarterly. The Authorized Representative can request 22
a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is o
correct. Contacts should be removed as soon as they separate,retire,or are reassigned by the Agency. A
new form will only be needed if all authorized representatives have separated from your agency. Note that
if a new Designation form is submitted,all Agency Representatives currently listed as contacts that are not
included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the
system, not supplemented.All users must log in on a monthly basis to keep their accounts from becoming
locked.
a
U)
0
Instructions for Completion
Complete the form in its entirety,listing the name and information for all representatives who will be working 0
in the FloridaPA.org Grant Management System. Users will be notified via email when they have been o
granted access.The user must log in to the FloridaPA.org system within 12 hours of being notified or their
account will lock them out Each user must log in within a 60-day time period or their account will lock them
out. In-the event you try to log in andyour account is locked, submit a ticket using the Access Request link r_
an the home page,
0
0
The form is divided into twelve blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent"—This should be the highest authority in your organization who is authorized .�
to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this
person will have full access/authority unless otherwise requested).
0
Block 2: "Primary Agent" — This is the person designated by your organization to receive all g,
correspondence and is our main point of contact.This contact will be responsible for answering questions,
uploading documents, and submitting reports/requests in FloridaPA.org. The Primary Agent is usually not
the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities.
(Only one Primary Agent is allowed and this contact will have full access).
Block 3: "Alternate Agent"--This is the person designated by your organization to be available when the cm
Primary is not.(Only one Alternate Agent is allowed and this contact will have full access).
a
Mock 4, 5, and o: "Other" (Finance/Point of Contact, Risk Management-Insurance;.and Environmental-
Historic). Providing these contacts is essential in the coordination and communication required between
state and local subject matter experts. We understand that the same agent may be identified in multiple
blocks, however we ask that you enter the name and information again to ensure we are communicating
with the-correct individuals.
Block 7—12: "Other" (Read Only Access)--There is no limit on"Other"contacts but we ask that this be
restricted to those that are going to actually need to log in and have a role in reviewing the information.
This designation is only for situational awareness purposes as individuals with the"Other Read-Only"
designation cannot take any action In FloridaPA.org. o
Packet Pg. 1132
D.4.b
35
DESIGNATION OF AUTIIORITI'(AGENTS)
FEi,I VGRAN7'EE_Pt4BLICASSIST:tNCE PROGI✓.�t,\I_
FLORIDA DIVISION OF EMERGENCY AJANAGENIEN-r
Sub-Grantee:
t7
Box 1: Authorized A eat(Full Access) Box 2: Primary Agent(Full Access)
Agent's Name Agent's Name
Signature Signature E
Organization t0f[icia(Position Organization t Official Position
O
7lathn Address __ Mailing ailing Addvss
-- _
City,Slatc,Zip City State,Trip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address -
Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Access)
Agcni's Name Official's Natne
Signature Signature 0
O
Organization i Oflicial Position OrganizafiU0 Official Position
Mauling Address (Nailing Address O
_"_.
"City,Stale,Gip City,Statc,fip City, --' O
°
Daytime Telephone Da}time Telephone
a®
:.-mail Address E-mail Address
Box 5: Other=Risk NIgmt-Insurance(Plitt Access) Box G:-Other-Environmental-Historic(Full Access) ca
ftf
Agent's Name Agent's Name
Stgnalur. Signature O
Organization lOfficial Positron Organtzation/Official Position �
-Mailing Address Availing Address O
Cs[y,State,"1-ip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
The-abovepurpose of obtaining acertain Grantee and-Federal assistance under the Robert TpStafford Disaster Relief&Emergency Assistance-Act,
c the
Primary g y authonzed to execule and file an Application for Public Assistance on behalf of the Sub
Fw� 1:` Y I,(Public Ines• '' U)
93-288 as amended)or olhenvise available,These agents are authorized to represent and act for the Sub-Gran[ee in all dealings vwth the State of rlonda,
Grantee,for all mallets pertaining to such disaster assistance previously signed-and executed by the Grantee and Sub-grantee Additional contacts may be
placed on page 2 of this document for read only access by the above Authorized Agents
�' z-—w.,,. --.---t...,.5ig_.
Suh-Gruntcc Jluthorixctl.lgcnt nnturc �
O
Date
Packet Pg. 1133
D.4.b
-6
DESIGN\T-ION OF AUTHORITY(AGENTS)
FERIA/GRANTEE PUBLIC ASSISTANCE PROGPLVNI
FLORIDA DIVISION OF k NIFRGENCI`AIANIGEiNIENT
Sub-Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Rcad Onl Access)
Agent's Name Agent's Name
Signature Signature
Organization I Official Position Organization f Official Position
O
Mailing Address Mailing Address
L_
---_ O
City;Stale,Zip cay,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address Email Address
a
Box 9: Other (Read Only Access) Box 10: Other (Read Only Access)
Agent's Name Official's Name
Signature Signature 0
Orgartization/Official fnsition Organization)Official Position
4—
Mailing Address Meiling Address O
City,State,Zip City,State,Zip O
Daytime•rclephnne Daytime Telephone Cy
E-mail Address F.-mail Address
Box I I: Other (Read Only Access) Box 12: Other (Read Only Access) �y
Agent's Namc Agent's Name
Signature Signature _ 0
Organization f Official Position _ Oag<mizalion i Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Day lime Telephone Daytime Tclephanc
Email Address E-mail AJdnss
Sub-Grantee's Fiscal Year(FY)Start: Month: Day:
w_ ___ __-..w.,....._... _ . v)
Sub Grantee's Feder-.[Em_.p_loy,we.r-.s Identification_N...u.mer(EIN) _ ._ .._. _.Sub-Gantee's Grantee Cognizant Agency for Single Audit I uq)oscs: Florida Division ofEmergcncy Management _
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Sub-GranEcc's:..._flhS N_ .�..-m�......�.�,.. ....... ..... .. U _...--� ___ .W..�_.W_ .�—- C1
umber(lfKnown)
..
NOTE: 'this form should be rc%,ic"vd and necessary updates should be made each quarter to nuu main r lba.rettl conimunicatta'Rt and continuity
throughout staff tumover. Updates may be made by email to the state team assigned to your rw:cnunt A new fiartn will only bo needed Wall �
authorized reprownlatives h is o separated Win your agency Be wwc that submitting.a new Designation of Authority affects the contacts that ita%r �
been limed on Ipter ious IMstgnntion forms in than the infn:rnation in floridaPA.org will be updated and the contacts listed above xmlf replace,not
supplement,the contacts on the previous list
REV 09.09-2017 DISCARD PREVIOUS VERSIONS
Packet Pg. 1134
D.4.b
37
Attachment E
STATEMENT OF ASSURANCES
1) The Sub-Recipient hereby certifies compliance-with all Federal statutes, regulations, policies,
guidelines, and requirements, including but not limited to OMB Circulars No.A-21,A-87,A-110,A-
122,and A-128; E.O. 12372;and Uniform Administrative Requirements, Cost Principles,and Audit E
Requirements for Federal Awards, 2 C.F.R.-Part 200;that govern the application, acceptance and
use of Federal funds for this Federally-assisted project. 22
0
2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient
assures and certifies that:
a. It possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action has been duly adopted
or passed as an official act of the Sub-Recipient's governing body,authorizing the filing
of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the Sub-
Recipient to act in connection with the application, and to provide such additional �
information as-may be required.
b. To the best of its knowledge and-belief the disaster relief work described on each o
0
Federal Emergency Management Agency (FEMA) Project Application for which o
Federal Financial assistance is requested is eligible in accordance with the criteria
contained in 44 C.F.R. §206, and applicable FEMA policy documents.
c. The emergency or disaster relief work therein described for which Federal Assistance
is requested hereunder does not, or will not. duplicate benefits available for the same
loss from another source, M
3) The Sub-Recipient further assures it will:
a. Have sufficient funds. available to meet ?he non-Federai share of the cost for
construction projects.Sufficient funds will-be availablewhen construction is completed
to assure effective operation and maintenance of the facility for the purpose
constructed,and if not it will request a waiver from the Governor to cover the cost,
b. Refrain from entering Into a construction contract(s)for the project or undertake other
activities until the conditions of the grant program(s)have been met, all contracts meet
Federal, State, and local regulations.
c. Provide and maintain competent and adequate architectural engineering supervision
and inspection at the construction-site to ensure that the completed work conforms-to
the approved plans and specifications,and witl furnish progress reports and such other E
information as the Federal grantor agency may need.
d. Cause work on the project to be commenced within a reasonable time after receipt of
notification from the approving Federal agency that funds have been-approved and will
see that work on the project will be done to completion with reasonable diligence.
e. Not dispose of or encumber its title or other interests in the site and facilities during the
period of Federal interest or while the Government holds bonds, whichever is longer.
f. Provide without cost to the United States and the Grantee/Recipient all lands,
easements and rights-of-way necessary for accomplishment of the approved work and
will also hold and save the United States and the Grantee/Recipient free from damages
due to-the approved work or Federal-funding.
g. Establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
Packet Pg. 1135
D.4.b
38
themselves or others,particularly those with whomthey have family,business,or other
ties.
h. Assist the Federal grantor-agency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended, Executive Order 11593, and the g
Archeological and Historical Preservation Act of 1966 by:
i, consulting with the State Historic Preservation Officer on the conduct of 0
Investigations, as necessary, to identify properties listed in or eligible for E
inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 C.-F.R. Part 800.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties; and
I-
ii. by complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
1, Give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers, or
documents related to the grant.
j. With respect to demolition activities:
U)
i. create and-make available documentation sufficient to demonstrate that the
Sub-Recipient and its demolition contractor have sufficient manpower and
equipment to comply with the obligations as outlined in this Agreement; 0
0
ii, return the property to its natural state as though no improvements had been
contained thereon;
iiL furnish documentation of all qualified personnel, licenses, and all equipment
necessary to inspect buildings located in S—;b-Recipient's jurisdiction to-detect
the presence of asbestos and lead in accordance with requirements of the U-S. 2
Environmental Protection Agency, the Florida Department of Environmental
Protection, and the appropriate County Health Department;
iv. provide documentation of the inspection resultsfor each structure to indicate
safety hazards present, health hazards present, and/or hazardous materials
present;
v. provide supervision over contractors or employees employed by-the Sub-
Recipient to remove asbestos and lead from demolished or otherwise
applicable structures;
vi, leave the demolished site clean, level, and free of debris-,
vii, notify the Grantee/Recipient promptly of any unusual_existing condition which CD
hampers the contractors work;
viii. obtain all required permits;
ix. provide addresses and marked maps for each site where water wells and
septic tanks are to be closed, along with the number of wells and septic tanks
located on each site, and provide documentation of such closures;
x. comply with mandatory standards and policies-relating to energy efficiency
which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act;
xi. comply with all applicable-standards, orders, or requirements issued under
Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act,
Executive Order 11738, and the U.S. Environmental Protection Agency
regulations. (This clause must be added to any subcontracts); and
xii, provide documentation of public notices for demolition activities,
Packet Pg. 1136
D.4.b
39
k. Require'facilities to be designed to comply with the"American Standard Specifications
for Making Buildings and Facilities Accessible to, and Usable-by the Physically
Handicapped," Number A117.1-1961, as modified. The Sub-Recipient will be
responsible for conducting inspections to ensure compliance with these specifications
by the contractor.
I, Provide an Equal Employment Opportunity Program, if required to maintain one,where
the application is for$500,000 W or more.
m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay
within the required time period; begin working with the Grantee/Recipient in good faith 22
to agree upon a repayment date. 0
n. In the event a Federal or Stale court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing on the Grounds of race, color,
religion, national origin,sex,or disability against a recipient of funds,forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
4) The Sub-Recipient agrees it will comply with the:
a. Requirements of all provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 which provides for fair and equitable treatment of
persons displaced as a result of Federal and Federally-assisted programs.
0
b. Provisions of Federal law found at 5 U.S.C.-§1501, et.seq, which limit certain political 0
activities of employees of a Slate or local unit of government whose principal 0
employment is in connection with-an activity financed in whole or in part by Federal 3
grants, 0
c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief 0
appropriations, and employment,contributions, and solicitations.
d. Minimum wage and-maximum hour's provisions of the Federal Fair Labor Standards
Act.
e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and ca
laborers (including watchmen and guards) employed on Federally assisted contracts
be paid wages of not less than one and one-half times their basic wage rates for all
hours worked in excess of forty hours in a work week. 0
f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least
the minimum prescribed wage, and also that they;e paid one and one-half times their
basic wage rates for all-hours worked in excess of the prescribed work-week.
x
g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs"of
wages in Federally financed or assisted construction activities. _
h. Requirements imposed by the--Federal sponsoring agency- concerning special
requirements of law, program requirements,and other administrative requirements. it
further agrees to ensure that the facilities under its ownership, lease or supervision
which are utilized- in the accomplishment of the project are not listed on the
Environmental Protection Agency's(EPA)list of Violating-Facilities-and that it will notify
the Federal grantor-agency of the receipt of any communication from the Director of
the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
i, Flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of-1973, which requires that on and after March 2, 1975, the purchase
of flood insurance in communities where such insurance is available, as a condition for 0
the receipt of any Federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the Depadment of
Housing and Urban Development as an area having special flood hazards.The phrase
Packet Pg. 1137
D.4.b
40
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate,subsidy,disaster assistance loan or grant,or any other form of direct
or indirect Federal assistance.
j Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other
insurance as may be reasonable, adequate, and necessary to protect against further
loss to any property which was replaced, restored, repaired, or constructed with this
assistance. Note that FEMA provides a mechanism to modify this insurance
requirement by filing a request for an insurance commissioner certification (!CC). The E
state's insurance commissioner cannot waive Federal insurance requirements but may
certify the types and extent of insurance reasonable to protect against future loss to an
insurable facility,
k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provisions of the current edition of the Office
of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all
other applicable Federal laws, orders, circulars, or regulations, and assure the
compliance of all its Sub-Recipients and contractors.
U)
I, Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part
18,Administrative Review Procedure; Part 20, Criminal Justice information Systems;
Part 22, Confidentiality of identifiable Research and Statistical Information; Part 23, 0
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review o
of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act;Part 63, Floodplain.Management
and Wetland Protection Procedures; and Federal laws or regulations applicable-to 0
Federal Assistance Programs.
0
m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint
in construction of rehabilitation or residential structures.
n. Energy_ -Policy -and Conservation. Act and the provisions of the State Energy �
Conservation Plan adopted pursuant thereto.
o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the
Rehabilitation Act of 1973, as amended;_Subtitle A, Title LI of the Americans with
Disabilities Act(ADA) (1990); Title IX of theEducation Amendments of 1972;-the Age
Discrimination Act of 1975;Department of Justice Non-Discrimination Regulations;and ca
Department of Justice regulations on disability discrimination, and assure the
compliance of all-its Sub-Recipients and contractors.
Un
p. Provisions of Section 311-; P.L. 93-288, and with the Chril Rights Act of 1964(P�L. 83-
352) which, in Title VI-of the Act, provides that no person in the United_States of
America, Grantees/Recipients-shall,on the ground of race,color,or national origin_,, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Sub-Recipient receives
Federal financial assistance and will-immediately take any measures necessary to
effectuate this agreement. If any-real-property or structure is provided or improved with
the aid of Federal financial assistance extended to the Sub-Recipient, this assurance
shall obligate the Sub-Recipient or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits. o
q. Provisions of Title IX of the Education Amendments of 1972, as amended which
prohibits discrimination on the basis of gender.
Packet Pg. 1138
D.4.b
41
r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse
-or alcoholism_
s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, g
relating to confidentiality of alcohol and drug abuse patient records.
t. Provisions of all appropriate environmental laws, including but not limited to: 0
i. The Clean Air Act of 1955, as amended;
ii. The Clean Water Act of 1977, as amended; 22
0
iii. The Endangered Species Act of 1973; 1-
0
iv. The Intergovernmental Personnel Act of 1970;
v. Environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969;
vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or
potential components of the national wild and scenic rivers system; U)
vii. The Fish and Wildlife Coordination Act of 1958;
viii, Environmental standards which may be prescribed pursuant to the Safe 0
Drinking Water Act of 1974, regarding the protection of underground water o
sources;
ix. The provisions of the Coastal Barrier Resources Act (P.L, 97-348) dated
October 19, 1982 which prohibits the expenditure of newest Federal funds
within the units of the Coastal Barrier Resources System. 2
u. The provisions of all Executive Orders including but not limited to:
i. Executive Order 11246 as amended by Executive Orders 11375 and 12086,
and the-regulations issued pursuant thereto,which provide that no person shall
be discriminated against on the basis of race, color, religion, sex or national
origin in all phases of employment during the performance of Federal or
Federally assisted construction contracts; affirmative action to insure fair
treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of pay or other forms of
compensation; and election for training and apprenticeship,
ii. EO 11514 (NEPA).
iii, EO 11738(violating facilities), CID
iv. EO 11988(Floodplain Management).
v, EO 11990(Wetlands).
vi. EO 12898 (Environmentaljustice),
5) For Grantees/Recipients_other than individuals, the provisions of the DRUG-FREE WORKPLACE
as required by the Drug-Free Workplace Act of 1986.
Packet Pg. 1139
D.4.b
4
This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans,
reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance
extended io the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial
assistance will be extended in reliance on the representations and agreements made in this Assurance and
that both the United States and the Grantee/Recipient have the joint and several right to seek judicial g
enforcement of this assurance.This assurance is binding on the Sub-Recipient,its successors,transferees, 2
and assignees
FOR THE SUBGRANTEE/SUB-RECIPIENT
0
Signature
0
4-
Tina Boan Sr, Director lBudoet Finance lCtal jJ1
Printed Name and Title Date
a
U)
C
0
0
0
3
4-
0
C
0
C
0
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0
C
0
Packet Pg. 1140
D.4.b
3
Attachment F
Election of Par<icipation in
Public Assistance Alternative Procedures iPAAP) Pilot Program
0
Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the 0
Sandy Recovery Improvement Act (Division E of P.L. 113-2), execution of a Supplemental Funding 0
Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub-
Recipient prior to the payment of such funds by the State as the Recipient,
Payments processed under the Alternative Procedures provisions will be requested as an advance and
are exempt-from advance requirements covered by Section 216.181(16), Florida Statutes. They will,
however, be treated as an advance for purposes of Requests for Reimbursement(RFRs)and satisfaction
of the requirement that ninety percent(90%)of previously advanced funds must be accounted for prior to
receiving a second advance.
In order to elect to participate in the PAAP program for one of the following options, you must read the
U)
Guidance found at hlt s1Mwwv.ferna. ovlalterr7ativesLocedures and then complete the required
documents on the following pages. The documents can be found under the Permanent Work section of
the webpage in editable:pdf format if preferred.
0
PAAP for Debris Remo gt Ggtegcr A, Reed Documents: 0
• Public Assistance for Alternative Procedures Pilo',Program for Debris Removal
Acknowledgement 0
ttmPlwww f m�ovlmedia-tibia -dat 11504811965699- o
24dfda0ae3e22r145C1 82563bdta62 0f11A# PE iDI A Devised for limited sl�dirtg_(tale 8-23-
1 Tpdf
PAAP for Permanent W'Worl; O tecc:ries O- I guir d documents: .�
• Fixed Subgrant Agreement Letter
398aea786c6aedbd048c37127rar d�rtlt38t31545i1785 0
tosadww,yv,ferna. ovlrTbedia-lib
0fd7b221508 PA Alternative Procedures ?ilea Pr!Pgrarn PerPerman g,
ent Work Fixed Sub rant A reement Letter"X 2012-13-1" 2rtf �
as
• Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement �
Iwtt s llwwwr f ma.r ,rlmedia-Iibrar -data11388155802544-
11626c78f8308b!Lt:4120deb1354601291PA Alternative Procedures Pilot Pro rain Permanent
Work A know 32d�f E
a
All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures, FAQs,Archived
D_ocs, etc.) may be found at; 1-wtttrs 1"wwww.ferraa.g vlmedra-libra las et 1 ocumentso'115868
T U)
0
Note:PAAP Pilot Program-Guide-;or Removal(Version 5)published June 28, 2017 contains the
following changes:
The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for
one year to June 27,2018. As part of the extension, FEMA will only authorize the sliding scale provision C
in events with significant debris impacts.The other three provisions available under the Pilot remain
unchanged. 0
0
For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot's sliding scale
provision to high impact incidents that meet the following criteria: high concentration of localized damage;
Packet Pg. 1141
D.4.b
4
large quantities-of debris (over$20M or 1.5 million cubic yards);and disasters declared very soon after
the incident(8 days)to incentivize rapid debris removal.
This guide is applicable to disasters declared on or after June 28,2017.The changes to the sliding scale
provision are applicable to disasters declared anor after August 28,2017.This version of the pilot g
guide supersedes the previous pilot guide for debris removal(V4)which was published June 28, 2016. T
0
22
L_
0
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0
0
0
3
4-
0
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0
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0
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0
Packet Pg. 1142
D.4.b
45
Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement
In accordance with the Sandy Recovery'improvement Act of 2013, the Federal Emergency
Management Agency(FEMA)is implementing alternative procedures for the Public Assistance(PA) g
Program through a pilot program. 2
As a representative of the subrecipient,we elect to participate in the following:
2
u Accelerated Debris Removal-increased Federal cost share(sliding scale)
6
x Recycling Revenue(subrecipient retention of income from debris recycling without a award offset)
I-
0
x One-time incentive for a FEMA-accepted debris management plan and identification of at least one '
pre-qualified contractor
CD
x Reimbursement of straighi time force account labor costs for debris removal
a
1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its
debris removal subawards,
C
2. For the sliding scale,the subrecipient accepts responsibility for any costs related to debris operations 0
after six months from the date of the incident unless, based on extenuating circumstances, FEMA 3
grants a time extension:
4-
0
3, The subrecipient acknowledges that FEMA may request joint quantity evaluations and details
regarding subrecipient operations necessary to assess the pilot program procedures.
4. All contracts must comply with local, state, and Federal requirements for procurement, including
provisions of 2 CFR Part 200.
5. The subrecipient must comply with all Federal, state and local environmental and historic
preservation laws, regulations, and ordinances.
0
B. The office of Inspector General may audit any subrecipient and/or subaward.
,..
signatur of Subrecipient's At�tlorKxed Representative Date
Tina Boan Sr, Director Budoet&Finance
Printed Name and Title
U)
M2nrog Count
Sub=Recipient Name PA ID 'Number
o We elect to kt participate in the Alternative Procedures for Debris Removal.
C
0
Packet Pg. 1143
D.4.b
46
-FIXED SUBGRANT AGREEMENT LETTER
DATE:
0
To Address:
2
22
To FEMA: E
As a Public Assistance(PA)Sub-Recipient
(PA ID ), in accordance with Section 428 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act,we agree to accept a permanent work subgrant based on a fixed
estimate in the amount of for subgrant number _ (copy attached)
under Disaster# _. We accept responsibility for all costs-above the fixed estimate. 0
C
0
We understand that by participating in this pilot program we will be reimbursed for allowable costs in 0
0
accordance with 44 CFR§ 13,22(b)—'Applicable cost principles", the reimbursement will not exceed the
fixed estimate.We also understand that by agreeing to this fixed estimate,we will not receive additional o
C
funding related to the facilities-or sites included in the subgrant.We also acknowledge that failure to 0
comply with the requirements of applicable laws and regulations governing assistance provided by FEMA
and the PA alternative procedures pilot program guidance(such as procurement and contracting;
environmental and historic preservation compliance; and audit and financial accountability)may lead to
loss of Federal funding.
C
0
Signature of Sub-Recipient's Authorized Representative Date
x
Printed Name-and-Title
a
Signature of Grantee's Authorized-Representative Date
Printed Name and Title
C
0
Packet Pg. 1144
D.4.b
47
Public Assistance Alternative-Procedures Pilot Program for Permanent Work
Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013,the Federal Emergency Management
Agency(FEMA)is implementing alternative procedures for the Public Assistance(PA) Program through a
pilot program.As a representative of the Sub-Recipient,our agency understands the following:
1.We plan to participate in the following elements: E
2
i€ Subgrants based on fixed estimates, and as the Sub-Recipient, accept responsibility for costs 22
0
above the estimate
I-
i.yv Consolidation of 0 multiple fixed subgrants into a single subgrant "0
r, FEMA validation of Sub-Recipient-provided estimates
0 Elimination of reduced eligible funding for alternate projects
U)
Use of excess funds
F? Review of estimates by an expert panel for-projects with a Federal share of$5 million or greater
2: The pilot is voluntary, and a Sub-Recipient may participate in alternative procedures for one or more 3
large project subgrants.
0
3, If the Sub-Recipient accepts a fixed subgrant estimate,the Sub-Reciplent understands they are
responsible for all costs greater-than the fixed amount.
4.The Sub-Recipient agrees to notify the Grantee regarding the specific use ofexcess funds.
5.All contracts must comply with local, State, and Federal-requirements for procurement, including
provisions of-44 CFR Part 13.
6.The Office of Inspector General may audit any Sub-Recipient and/or subgrant.
7. EHP review must be completed for all subgrants, including cases where new scopes of work would
require EHP compliance, before the subgrant scope of work is implemented.Failure to comply with this
requirement may lead to loss of Federal funding.
x
8.The Sub-Recipient-may submit appeals in accordance with 44 CFR§206.206. However, FEMA will not CD
consider appeals solely for additional costs on fixed subgrants. E
°
Signature of-Sub-Recipient's Authorized-Representative Date
U)
Printed Name and Title
Sub-Recipient Name PA ID Number
L We elect to not participate in the Alternative Procedures for Permanent Work.
Packet Pg. 1145
D.4.b
48
Attachment G
PUBLIC ASSISTANCE PROSRAM GUIDANCE
12
GRANTEE'S/RECIPIENT'S WEB-BASED PROJECT MANAGEMENT,SYSTEM (FtoridaPA.orcw} E
Sub-Recipient s must use the Grantee's/Recipient's web-based project management system, 22
FloridaPA.org,(available at www.FloridaPA.org)to access and exchange project infon-nation with the State
throughout the project's life.This includes processing advances,reimbursernent requests,quarterly reports,
final inspection schedules„ change requests, time extensions, and ether services as identified in the
Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient.
The Sub-Recipient is required to have working knowledge of the FloridaPA.org system,
PROJECT DOCUMENTATION
U)
The Sub-Recipient must maintain all source documentation supporting the project costs, To facilitate
closeout and audits, the Applicant should file all documentation pertaining to each project with the
corresponding PW-as the permanent record of the project. In order to validate Large Project Requests 0
for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website. 3
Contact the grant manager with questions about how and where to upload-documents, and for assistance
linking common documents that apply to more than one(1) PW.
0
The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement,
including documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives under this Agreement and all other applicable laws and regulations, for a
period of five(5) years from the date of the Sub-Recipient account closeout by FEMA,
The five(5)year period is extended if any litigation, claim or audit is started before the five(5)year period ca
expires, and extends beyond the five(5) year period. The records must then be retained-until all litigation,
claims„or audit findings involving the records have been resolved.
0
Records for the disposition of non-expendable personal property valued at$5,00009 or more at the time it
is acquired must be retained for five(5)years after final account closeout.
Records relating to the acquisition of-real property must be retained for five (5) years after final account
closeout.
INTERIM INSPECTIONS CD
Interim Inspections-may be requested by the Sub-Recipient,on both small and large projects, to: _
i. conduct insurance reconciliations;
ii. review an alternate scope of work;
U)
iii. review an improved scope of work; and/or
iv. validate scope of work and/or cost.
Interim inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under
the following conditions:
i, a quarterly report has not been updated between quarters;
ii, the Sub-Recipient is not submitting Requests for Reimbursement (RFR's) in a
timely manner,
Packet Pg. 1146
D.4.b
49
requests for a Time Extension have been made that exceed the Grantee's!
Recipient's authority to approve; and/or
iv_ there are issues or concerns identified by the Recipient that may impact funding
under this agreement. o
2
PROJECIRECONCILIATION AND CLOSEOLIT 0
The purpose of closeout is for the Sub-Recipient to certify that all work has been completed. To ensure a
timely closeout process, the Sub-Recipient should notify the Recipient within sixty(60) days of Project 22
completion.
The Sub-Recipient should include the following information with its closeout request:
* Certification that project is complete;
* Date of project completion; and
* Copies of any Recipient time extensions.
°
Large Projects U)
0
With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final
costs exceed FNMA's original approval, the final eligible amount for a Large Project is the actual o
0
documented cost of the completed, eligible'SOW.Therefore, upon completion of each Large Project that o
FEMA obligated based on an estimated amount;the Sub-Recipient should provide the documentation to
support the actual costs. If the actual costs significantly differ from the estimated amount,the Sub-
Recipient should provide an explanation for the significant difference-
0
FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based
on actual costs to complete the eligible SOW. If the project included approved hazard mitigation
measures; FEMA does not re-evaluate the cost-effectiveness or the HMP based on the final actual cost. If
during the review, FEMA determines that the Sub-Recipient performed work that was not included in the
approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original
estimated amount, and review the additional SOW for EHP compliance.
For Fixed Cost Estimate Subawards, the Applicant must provide rocumentation to support that it used the o
funds in accordance with the eligibility criteria described in the I'AP'PG Chapter 2:wJ"II.0 and guidance
provided at jltt :lrwww( ma, ovtallgrnatiye-procedures.
0
Once FEMA completes the necessary review and funding-adjustments, FEMA closes the project.
Small Projects
Once FEMA obligates a Small Project, FEMA does-not adjust the approved amount of an individual Small
Project.This applies even when FEMA obligates the PW based on an estimate and actual costs for
completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount
on individual Small Projects-if one of the following conditions appiies: U)
• The Sub-Recipient did not complete-the approved SOW;
• The Sub-Recipient requests additional funds related to an eligible change in SOW;
• The PW contains inadvertent errors or omissions; or
• Actual insurance proceeds differ from the amount deducted in the PW.
In these cases, FEMA only adjusts the specific cost items affected.
0
If none of the above applies,the Sub-Recipient may request additional funding if the total actual cost of all
of its-Small Projects combined exceeds the total amount obligated for all of its Small projects. In this
case, the Sub-Recipient must request the additional funding through the appeal process, described in the
Packet Pg. 1147
D.4.b
o
PAPPG Chapter 3;IV.0, within sixty(60)days of completion of its last Small Project. FEMA refers to this
as a net small project overrun appeal. The appeal must include actual cost-documentation for all Small
Projects that FEMA originally funded based on estimate amounts.
To ensure that all work has been performed within the scope of work specified on the Project g
Worksheets, the Recipient will conduct final inspections on Large Projects,and may, at its sole discretion, T
select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope 0
of work and/or outside of the approved performance period cannot be reimbursed. E
2
TIME EXTE_ISIONS 22
0
FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines.The
deadline for Emergency Work is 6 months from the declaration date.The deadline for Permanent Work is
18 months from the declaration date.
U)
Emergency Work 6
Permanent Work 18
0
If the Applicant determines it needs additional time to complete the project, including direct administrative
tasks related to the project, it must submit a written request for a time extension to the Recipient with the
following information.,
• Documentation substantiating delays beyond its control; 0
• A detailed justification for the delay;
• Status of the work; and
• The project timeline withthe projected completion date
The State(FDEM) has the authority to grant-limited time extensions based on extenuating circumstances
or unusual project requirements beyond the control of the Sub-Recipient.
It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months. t3
FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating
circumstances justiFy additional time.-This applies to all projects with the exception of those funded under
the PAAP Accelerated Debris Removal procedure and projects for temporary facilities.
x
With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of cm
the Alternative Procedures Not Program, FEMA generally considers the following to-be extenuating E
circumstances beyond the Applicant's control, _
• Permitting or EHP compliance related delays due to other agencies involved
• Environmental limitations (such as short construction window)
• Inclement weather(site access prohibited or adverse impact on construction)
FEMA generally considers the following to be circumstances within the control of the Applicant an d not
ustifiable for a time ext�nslon
• Permitting or environmental delays due to Applicant delays in requesting permits
• Lack of funding
• Change in administration or cost accounting system
• Compilation of cost documentation
Although FEMA only provides PA funding for work performed on or before the approved deadline,,the
Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for
any project that the Applicant does not complete, If the Applicant completes a portion of the approved
Packet Pg. 1148
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51
SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for
the uncompleted work. For example, if one project includes funds for three facilities and the Applicant
restores only two of the-three facilities, FEMA only deobligales the amount related to the facility that the
Applicant did not restore,
Request should be submitted prior to current approved deadline,be specific to one project, and include
the following information with supporting documentation;
• Dates and provisions of all previous time extensions E
a Construction timeline/project schedule in support of requested time
o Basis for time extension request_ 22
Delay in obtaining permits
Permitting agencies involved and application dates
U Environmental delays or limitations(e.g., short construction window, nesting seasons)
Dates of correspondence with various agencies
N, Specific details
Inclement weather(prolonged severe weather conditions prohibited access to the area, or
adversely impacted construction)
Specific details
• Other reason for delay
Specific details
0
0
0
Submission of a request does not automatically grant an extension to the period of performance. Without
an approved time extension from the State of FEMA(as applicable), any expenses incurred outside the
P,O,P. are ineligible.
0
INSURANCE ca
The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA
is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources.
Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance
grants in order to avoid a duplication of benefits.The Sub-Recipient further understands and agrees that If
Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance o
andior other sources of-funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4)and
312 (c).
As a condition of-funding under this Agreement, pursuant to 44 C.F.R. §§ 206,252-253, for damaged
facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are
reasonable and necessary to protect against future loss for the anticipated life of the restorative work-or the
insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require
insurance to be obtained and maintained for projects where the total eligible damage is less than$5,00000
In addition to the preceding requirements, the Sub-Recipient under-stands it is required to obtain and
maintain insurance on certain permanent work projects in-order to be eligible for Public Assistance funding �
in future disasters pursuant to§311 of the Stafford Act.As stated inthe Stafford Act,"Such coverage must U)
at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub-
Recipient to purchase and-maintain insurance,where that insurance is"reasonably available,adequate or
necessary- to protect against future loss" to an insurable facility as a condition for receiving disaster
assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does
not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds
from the current disaster." If the State Insurance Commissioner certifies that the type and extent of E
insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable o
facility, the Regional Administrator may modify or waive the requirement in conformity with the certification.
The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all
insurance considerations contained in the Stafford Act and in 44 C,F.R. §§206.252-253.
Packet Pg. 1149
D.4.b
2
The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of any insurance coverage for the damage identified on the applicable Project Worksheets and-of
any entitlement tocompensation or indemnification from such insurance. The Sub-recipient further agrees
to provide all pertinent insurance information, including but not limited to copies of all policies, declarations
pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for
each insured damaged facility. T
The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance E
policies to the best of its ability to maximize potential coverage available.
22
0
DUPLICATION OF BENEFITS
The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered 0
by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever.
The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits,from any source,
for any damage identified on the applicable Project Worksheets,for which the Sub-Recipient has received
payment from the Recipient,
U)
The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of the possible availability of, applies for, or receives funds, regardless of the source, which could
reasonably be considered as duplicate benefits.
0
In the event the Recipient determines the Sub-Recipient has received duplicate benefits,the Sub-Recipient 3 gives the Grantee/Recipient and/or the Chief Financial Officer of the State of Florida,the express authority
to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due
and payable to the Sub-Recipient, and to use such remedies as may be available administratively, at law,
or at equity, to recover such benefits. o
COMPLIANCE WI fit PLA1!IjN' PPERMITTtIVG REGULATIONS AND LAWS
The Sub-Recipient is-responsible for the implementation and completion of the approved projects described
in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local,
State, and Federal legal requirernenls. o
If applicable,-the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and
any land use permitted by or engaged in by the Sub-granlee/Sub-Recipient, must be consistent with the
local-government comprehensive plan, ca
The Sub-Recipient must ensure that any development or development order complies with all applicable
planning, permitting, and building requirements including, but not limited to, the National Environmental cm
Policv Act and-the National Historic Pfeservation Act. S
The Sub-Recipient must engage such competent, properly licensed, engineering, environmental,
archeological, building, and other technical and professional-assistance at all project sites as may be
needed-to ensure that the project complies with the contract documents.
U)
FUNDING FOR LARGE.PROJECTS
Although Large project payment must be based on documented actual costs, most Large Projects are
initially-approved based on estimated costs. Funds are made available to the Sub-Recipient when work is
in progress and funds have been expended with documentation of costs available. When all work
associated with the project is complete, the State will perform a reconciliation of actual costs and will
transmit the information to FEMA for its consideration for final funding adjustments(See Closeouts),
The submission from the Sub-Recipient requesting this reimbursement must include;
a) a Request for Reimbursement(available in FloridaPA_org);
Packet Pg. 1150
D.4.b
53
b) a Summary of Documentation (SOD) which is titled Reimbursement- Detail Report in
FloridaPA.org and is automatically created when the Request for Reimbursement_is submitted
(and is supported by copies of original documents such as, but not limited to, contract
documents,insurance policies,payroll records,daily work logs,invoices, purchase orders,and
change orders); and
ac the FDEM Cost Claim Summary Workbook found in the Forms section of FloridaPA.org),along �
with copies of original documents such as contract documents, invoices, change orders,
canceled checks (or other proof of expenditure), purchase orders,etc.
22
0
ADVANCES
Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance
Payment, Notwithstanding Paragraph 9) Funding, in the Agreement, these payments are not bound by
Section 216.181(16), Florida Statutes.,
1. For a Federally funded contract,any advance payment is also subject to 2 C.F.R., Federal OMB
Circulars A-87,A-110, A-122, and the Cash Management Improvement Act of 1990.
U)
2. All advances must be held in an interest-bearing account with the interest being remitted to the
Recipient as often as practicable,but not later than ten(10)business days after the close of each calendar
quarter. o
0
3, In order to prepare a Request for Advance (RFA)the Sub-Recipient must certify to the Recipient
that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and
subcontractors without unnecessary delay. The Sub-Recipfent must prepare and submit a budget that
contains a-timeline projecting future-payment schedules through project completion. .2
4, A separate RFA must be completed for each Project Worksheet to be included in the Advance
Funding Payment,
5. The Sub-Recipient must complete a Request for Reimbursement(RFD)via FloridaPA.org no more �
than ninety (90) days after receiving its Advance Payment for a speck project, The RFD-must account
for all expenditures incurred while performing eligible work documented in the applicable Project
0
Worksheet for which the Advance was received.
6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an
Advance cannot be accepted for processing.
7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if
the Sub-Recipient meets the following conditions: on
o
a) the Sub-Recipient-must certify to the Recipient that Sub-Recipient has procedures in place to
ensure that funds are disbursed to project vendors, contractors, and subcontractors without CIO
unnecessary delay;
U)
b) the Sub-Recipient must submit to the Recipient the budget supporting the request.
8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the
funds, which also specifies the amount of funds requested and certifies that the advanced funds will be
expended no more than ninety(90) days after receipt of the Advance;
9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share
of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub-
Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination
by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient
was improper,
Packet Pg. 1151
D.4.b
5
DESIGNATION OF AGENT
The Sub-Recipient must complete Attachment D by designating at least three agents to execute any
Requests forAdvance or Reimbursement,certifications,or other necessary documentation on behal€of the
Sub-Recipient.
After execution of this Agreement, the authorized, primary, and secondary Agent-may request changes to
contacts via email to the State assigned team.
22
In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have
separated from the Sub-Recipient's agency, a designation of authority form will be needed to change
contacts.
NOTE. This is very important because if contacts are not updated, notifications made from
FioridaPA.org may not be received and could result in failure to meet time periods to appeal a
Federal determination.
a
U)
DUNS Q
What is a DUNS number? o
The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number
provided by pun&Bradstreet(D&B).The DUNS number is site specific. Therefore, each distinct physical
location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number.
Who needs a DUNS number? o
Any institution that wants to submit a grant application to the Federal government. Individual researchers
do not need a DUNS number if they are submitting their application through-a research organization_ 2
How do ! get a DUNS number?
Dun&Bradstreet-have designated a special phone number for Federal grant and cooperative agreement
applicants/prospective applicants. 'Call the number below between 8 a.m, and-5 p.m ,local time in the 48
contiguous states and speak to a D&B representative. This process will take approximately 5—10
minutes-and you will receive your DUNS number at the conclusion of the call. o
1-866-705-5711
What do I need before I request-a DUNS number?
Before you call D&B,you will need the following pieces of information:
• Legal Name
• Headquarters name and address for your organization
• Doing business as (dba)or other name by which your organization is commonly recognized
• Physical address
• Mailing address(if separate from headquarters and/or physical address)
• T elephone number
• Contact name and title U)
• Number of employees at your physical location
How much does a DUNS number cost?
There is no charge to obtain a DUNS number.
Why does my institution need a DUNS number?
New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant
and cooperative agreement applications.The DUNS number will offer a way for the Federal government
to better match information across all agencies,
Packet Pg. 1152
D.4.b
55
How do I see If my institution already has a DUNS number?
Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement
applicant. D&B will tell you if your organization already has a number assigned. if not, they will ask if you
wish to obtain one.
0
Should we use the+4 extension to the DUNS number? �
Although D&B provides the ability to use a 4-digit_extension to the DUNS number, neither D&B nor the
Federal government assign any importance to the extension. Benefits, if any, derived from the extension E
will be at your institution only. 2
22
Is there anything special that we should do for multi-campus systems?
Multi-campus systems can use what is called a parent DUNS number to aggregate information for the
system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite
campus will need to reference the main campus DUNS number as their parent DUNS when obtaining
their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique
grantee organization, then each campus needs to obtain their own DUNS number.
a
Does the DUNS number need to be included on individual fellowship applications?
Yes with one exception. It is the DUNS number of the sponsoring institution that shculd be put on the
application. Individual Kirschstein-NRSA fellowships that propose training at FederaHaboratories do not
require a DUNS number.
0
0
What does the DUNS number have to do with the Central Contractor Registry(CCR), soon to be the 0
3
Business Parker Network(BPN)?
0
Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically
through Grants.gov. Your organization will-need a DUNS number in order to register in the CCR, The 0
CCR is the central registry for organizations that have received Federal contracts, If-your organization has
received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that
your organization information is up to dale. For more information-about the CCR, please visit-the CCR
web site at:wwv.ccr.gov. 0
What should we do if our institution has more than 1 DUNS number? 0
0
Your institution will need to decide which DUNS number to use for grant application-purposes and use
only that number.
Does this apply to non-US organizations? 0
0
Yes, this new requirement applies to all types of grantee organizations including foreign, non-profit, for
profit as well as for state and Federal government agencies.
Does this apply to non-competing p rogress reports? _
No. T his-.yew requirement applies only to competing applications.
Are there any exceptions to the new DUNS number rules?
U)
Individuals who would personally receive a grant or cooperative agreement award from the-Federal 0
government apart from any business or non-profit organization they may operate are exempt from this
requirement. Also individual Kirschstein-NRSA fellowships that propose training at Federal laboratories
do not require a DUNS number.
Who at my institution Is responsible for requesting a DUNS number? 0
This will vary from institution to institution.This should be done by someone knowledgeable about the
entire structure of your institution and who has the authority to make such decisions. Typically this 0
request would come from the finance/accounting,department or some other department that conducts
business with a large cross section of the institution.
Packet Pg. 1153
D.4.b
56
We are an organization new to Federal grant funding so we obviously need-a DUNS number, But we
don't want to be included in any marketing list. What-can we do?
Inclusion on a D&B marketing list is optional. If you donot want your name/organization included on this 2
marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B
representative during your DUNS number telephone application. as
Who do we contact if we have questions?
If you have questions about applying for a DUNS number,contact the Dun &Bradstreet special phone 22
number 1-866-705-5771. if you have questions concerning this new Federal-wide requirement, contact
Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at
swab a orn-bw;, clp�v, '
Substitute Form W-9
For the purpose of this Agreement, a Sub-Recipient is also a Vendor. U)
The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9.The
Cu
purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number(TIN),official entity name,
a business designation(sole proprietorship, corporation, partnership,etc.). and other taxpayer inforrnation
to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting o
are accurate. Due to specific State of Florida requirements, the State wilt not accept the Internal Revenue o
Service Form W-9.
3
0
Effective March 5,2012, State of Florida agencies will not be permitted to place orders for goods and
services or make payments to any vendor that does not have a verified Substitute W-9 on file with
Cu
the Department of Financial Services.Vendors are required to register and submit a Form W-9 on the o
State's Vendor Website at twttp °(/flver) or.m loridacfo cnin,
0
C
0
0
x
a
U)
C
0
0
Packet Pg. 1154
D.4.b
7
Attachment H
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
INSTRUCTIONS AND WORKSHEET
PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on 0
September 26, 2006, The intent of this legislation is to empower every American with the ability to hold E
the government accountable for each spending decision.The FFATA legislation requires information on
Federal awards (Federal assistance and expenditures)be made available to the public via a single,
searchable website,which is http//www usa spending,govl_
I-
0
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management("FDEM"or Division")must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery and Reinvestment
Act of 2009, Pub, L. 111-5).
U)
Note.This"Instructions and Worksheet' is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion.All pertinent information below 0
should be filled out,signed,and returned to the project manager, o
3
4-
ORGANIZATION AND PROJECT INFORMATION o
0
The following informatlon must be provided to thee-FDEM prior to the FDEM's issuance of a sub-
award(Agreement)that obligates-$25,000 or more in Federal funds as described above.Please 2
provide the following information and return the signed form to the Division, as requested.
PROJECT#; N/A—Do not Complete _ _
FUNDING AGENCY: Federal Emergency Management Agency 0
AWARD AMOUNT, $ Federal sh
are amount one
OBLIGATION/ACTION DATE: date awarded to Stale of Florida �
SUBAWARD DATE(if applicable): x
cm
DUNSM
DUNS#+4:
U)
`if your company or organization does not have a DUNS number, you will need to obtain one from Dun&
Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb:com/webform). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME
DBA NAME(IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1: �,..
Packet Pg. 1155
D.4.b
5
....
._.,.............
ADDRESS LINE 2:
, �_ _ _m.. . .m......_... .. W.,.. _. .
ADDRESS LINE 3,
CITY _ �.�STATE ZIP CODE+q•_.� p._........�.�._.�.. ..._..,�_.p_....,__,
PARENT COMPANY DUNS#(if applicable): .... .._ ..... . _ .µ.. ... .._.._. w, _. �
CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA#): E
2
DESCRIPTION OF PROJECT(Up-to 4000 Characters) 22
0
Complete eligible.nP�r.o� ects.f_o..r..arepair or replacement
ePIacement of
Disaster damaged
_facil..i_t_ie-_s_._.._.._ ... _..�
� 0
PRINCIPAL PLACE OF PROJECT PERFORMANCE-(IF DIFFERENT THAN PRINCIPAL-PLACE OF
BUSINESS): 3
w.,. . ._ _..... __ . .._ �. ._. ..�. a
ADDRESS LINE 1: ca
ADDRESS LINE 2;
n._......w .� .._ .m.m.. . _ �..n_ .,�. „ro. .w...
ADDRESS LINE 3: o
CITY _...._ .. µ ___w....m _..._ _.._w STATE ZIP CODE+4"` 3
4-
0
CONGRSSI N L tl'STRICT FOR PRINCIPAL fLACE OF PROJECT PERFORMANCES
"Providing the Zip+4 ensures the!thecorrect Congressional District is reported.
EXECUTIVE COMPENSATION,,INFORMATION:
1. 1. In your business or organization's previous fiscal year, did-your-business or organization
(including parent organization, all branches,-and all affiliates worldwide)receive(a) 80 percent or ca
more of your annual gross-revenues from Federal procurement contracts (and subcontracts) and
Federal financial assistance(e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)
subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual o
gross revenues from U.-S. Federal procurement contracts(and subcontracts)and Federal financial
assistance(e.g. loans,grants, subgrants, and/or cooperative agreements;etc.) subject to the
Transparency Act?
Yes ❑ No❑
if►.he answer to Question 1 is "Yes,"continue to Question 2. if the answer to Question 1 is "r1Po", _
move to the signature block below to complete the certification and submittal process.
a
2. Does the public have access to Information about the-compensation of the executives in your
business or organization (including parent organization, 0-branches, and all-affiliates worldwide)
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of1934 U)
(15 U-S_C. 78m(a), 78o(d))Section 6104 of the Internal Revenue Code of 1986?
Yes ❑ No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process.[Note: Securities Exchange Commission information should
be accessible at httpl/www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
Packet Pg. 1156
D.4.b
59
appearing below to report the"Total Compensation"for the five(5) most highly compensated
"Executives",in rank order,In your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive"is defined as"officers,managing partners, or other employees in management positions
'121al "o ensation is defined as the cash and noncash dollar value earned by the executive during the
most recently completed-fiscal year and Includes the following: E
I. Salary and bonus, _
ii. Awards of stock, stock options, and stock appreciation rights, Use the dollar amount o
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004)
(FAS 123R),Shared Based Payments,
iii. Earnings for services under non-equity incentive plans. This does not include group life;
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives,and are available generally io all-salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
U)
pension plans.
V. Above-market earnings on deferred compensation which is not tax-qualified.
0
vi. Other compensation, if the aggregate value of all such other compensation(e.g, severance, 0
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property)for the executive exceeds$10.000.
0
TOTAL COMPENSATION CHART FOR MOST DECENTLY COMPLETED FISCAL YEAR o
(Date of Fiscal Year Completion )
Rank1 Total Compensation
Nam
(Highest to Last e � _..._ . ._..it _ __..�. _�.I for MostRecently
Lowest). _ _ _.. Last FirsMl � Title Completed Fiscal Year �
0
4
a®
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE,
SIGNATURE:
NAME AND TITLE:
DATE; E
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Attachment I
Mandatory Contract Provisions
Provisions:
0
Any-contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 CFR Part 200. It is the responsibility of the sub-recipient to include the required
provisions, The Division provides the following list of sample provisions that-may be required;
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Packet Pg. 1158
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Pt.200,App.II 2 CfR Ch.II(1-1-17 Edflio )
nramy's -%wtb traty include.Pro- tt ar ztbaor ahodld w:ssklet&pWrqchO,, E v1dint My lmfo'rttwall.00 Nat,a potaatlal ap- atKh at clalaR.
fullfawaut ltteattry atuy s'aryalrs rsaeota "WA 1.]point.of euoka,k..1w."b,tscbed in
Wb.lch It sfudld have ditawlty curatilytac if uswltipte wsya(a,t.,by t+ott.pbaxno,FAX,antV `
its A ppwltratko�a is aa^.xt,+satlkl to thfamf ra�aknu, or ermil,w wml l u rerular lrWU. 6
esx4110011 W IOOSIMI,itta wl• 11, A4 ba of arnxll ae°khtm tkwt azuaYlYN}Itlan
low*the ysnteatlail ApOleflat to dwlde WL to MpAt,aa'zttaa,ma that mossy wjujr wlil A,frfW al
amtr cc W take P#,"rd metloru before ro• areo Ir ullwras mtr wuaaa,paot dilly sbewrnl dense- I-
-cnisNr6 ove FadenS award. 'Cgs umrkouunc iac c'a'dticalj'v4'.c+n „
usaat peptl not luaclutlo all of Abe tarnwa sad All,plllaroat coutacta for dt.tluct klada at t—
wruUtlams of the p awlird. but urn 4wlp(t.f..Mw for que.uf oas of to acw anztrrnar.tc
rarer to A.detcstctrtat(Wilb tnforunti oa about, —utdat areal a sfAww:atod for sa;t ftel rtlstrnttaa
hoar E.anlata,la 10 or 1.ta4tunt#"a wfr 9nwtloenr).
Alt*-W"" ma terttua a l r..taw44,.,1tlua,.If H.11^,ft[A IffFo�Ya;'loY.-OIm71�t[W
this lbtuikoc apporkunity will aced ta,Federal
awmrdo with 601xpa aVo W teranr sad rwbdl- "f'lrta aw;utulxtu unww<; ANroalrwdo"y^ mraAltlaaaaN
tloua IEtttt dllltrf fwotu tb� f°.defml uuew'aeWac lafarimuou that nitl+ Iat at tenllal air°
twtnocy'n w1�aatn7(t rtwr REtu'x'ra rvllnd"EvorsAW) lll+aat.pnr amwalw o,the rr"W asu lulchu
lattna end Oundttlon,, Ud. *"tiara ,brodd L ttxttcmta "Whir tlrlt Ia a rnw taocraru:u U)tilttwllsltt llwxaa tpoolal teromt at'A txaadltbas. or aorw-utne Atdtlailt..
'p%wllcel an wilt wlrrt aCiS"llc'abta�that listsrn- tl,lillutisa rataktcl j.9&;rxrrwu liar mubsT sal»- CY
eefrrd peal-rxa. wrrar& &otu the Fedsrel s^a'-Ifirg twr emcpl.ixa vr.�lluI arra;.edlor mCmt'rr,y �
aWay9Urtg.tc*Wr ysm'roantuNy' atltht act lkanedNnt d,q roaz^tutuiltvlr,!a f slredlar'aawlx'ttltau. s,,
atlree W"er,lsrr.L 411111arent tej p*mod a lrkj• Ill.Include curse.,-Uternea LdOrosseei lot C
tfow, per the mro-W a,tk xotrautce. }'"tmclnral awarsllrrt pp'oaay Wftb altamt that arra,y 0
twill mruaa N Isdar a tauwanww Wpyrll Aabts In m0fusl to as Apy4lcau1,fa wasdorttleatuulArdq' �y
ata'mwt apra.tzl wrqu Irormeta What rwytrld stasty the jav% sure
to Imrticawlar} oral M%ruds AnA7r tiau lnrt.r IV.Atlmr w to the owed to ldotellry, 0
of-Pollmt tutu and other Euiae matba based r•r clsesry InxfTa ant'i,lan and lufaraat "Mal
-•�a tlum law fla:utlaa'aNrttwrtlal.as,cwna.af llay oflwtt ahaut them'MY the Frdrrwl ew.rd8eK armaey
to tea a.r mr^tad 1..Z.„If huaoo n rambpwn:.&ru ro wNll o lWe 1t. 4-
to he Iarawln4 0',if wmm, .ltustwus ot.y"lu., V.laclado mrtaln MUM oatleo,W sppiF• 0
tSry xgwKiAl terms an lmtallectuml proprrty, (ants OX-lhat the Fedotal CoccraRwnt 1, �
data.mpwsr:Nat or a tt-itr ra+te:ltmatmate), sot obUll.ted to rxrtko may p award as
3. RtyatrtPnf—RegaorII. Tam section "at a result or the cr that only
lnrltada tfrtarr'xl Inforruautlan alaaat tee tgpua cratira,ofrt"rs can brad the Fedsral Carwrn•
l'f.gr tlAWatl:.U4 ar tar Oat a ), 1"rtwtlauma1y„, host is than asp—dituat f luudtl,
weal uaaaxaa Of submil'Aaa (tdl or elrxs- 2
trains)of poet.-pederal award"Pp tlnr ra- {Ta pR 7Ntl uj U , ,7 i�as amenda4 at
t PR RS314,.1 u1y Zc.'7. tel
oadron;ropta.lily hl.t R+t any stlal w^atavp^tlkut, �
reatatrestwtlts tar t'OJOl'sl avrsxda tundet tbla ArPMDIX It To PAnT Cr
h fteimc olv-Wnity tita.t-diffw-(ra_.by t-^ PRO1q81,0,Hfl MR NON-FEDFA.h.L Eli .
tYIM, frsrflu6ocx, f f t. or CIF TY CoNTnACYtt Ukipo..'.a? F}f=frm. v
cunW for tus)pent what t1ba Pod.txl
aw'xnilta; awcnuoy s p'fu,%ttaN psrat'tla usually �.veutDa C)
mqutre.Pedc,sl murmcd1nc;see ovitar'trwta t%100 t
qa SvN,.9'tNaa to a'rthar C rvislozua '+dura,Lu od by
tNcauto,a to hula acz. wll rml.raut ruwtolr��s• ttA Ptderal.agtany or inorm•1"6dtrAl amity,sal
^rets,tseb sv thosee at Z CF'iR t@0 115 uod 2 +wavu-&Cto is%4,b by 'tba uaa-rodrral entity C
'°} YA
aua+Cer 04 vM:rrml.wmtd trtastzjnafals laovl.•.
U Fb.€ sbuc of.ay € s tlont tewjtHfir tha fal,lomlut,man rwfatallasblt«
tear it-1 c ,C;Over Ilia tn• lA).coutfsm.wa for uvra tbN%wile alzta;llfEad
Hod of faerGar this--c tloo n—t la- afMaLsItloa tbrnshold curently set as
forest loteatlai amtcute abtrut 'Elie pptl f1 4,NXrp, w'ltlth la tb lallatpan .9}tat d
awsad repxttrq rwrlatlrartea4 04174Cianf to mracwanw datelrmilwmd by MY olelfian Ateacy
ppn44U !ill--,ih.wmr'd '!brim mad tp'oardlllaa µrildlitt.lon N,aamtncll wiser tbau t}sf.w.wa A+atWalN C)
for Rootpfant fntw•da^lty anal ltterv'lutrtjuwe than Regldsuoaa t�aadF (liittnaNlr}sh sd- Qy
Rlatters, tsrrlend by 41 0.13..0.1",nnnt mddr t"sal x
C F'WZRAL AW'AVw1blo Aduxlc't CoTrhrl(a)— ttdpW"Efrut,ronftwcalual.or ll,ral re iel
FMWIRZD ka ttwatstate^s whorm s'tYabtr—iGps quota or
hmach wntract ternm,wA yroctdo for suck
Thp tfri,oowctatgal op. maactloama'arl l>etu�ltl sa sfawofal'mtw.
ld'l'rrmnta a}aalat(a)of rmaalaat roc aw,t wfftate (1I),+dl coutnatle to ett'wts tm 310,inl'aa twist
qt M$ttaaa rw hallrine r.°l.tb prfMonta wr0,6 the addree.. .`a'tlydaatkt]r_far raahmr slid for cop. _
la,ullnt a.pryxa'Walty I.ulmra Tbo latent of meaieace by the—F -.st.ley Nnekxllcc
ibis rvWWlr0r1vtl,to to he ma he'llaPnt ass taa3• the ntsbuer by which It Wilk ba lilted d and
s�fbl.n in ywatmnllal applle:.anta,to tbo r",OTO ti buts formulatreor.
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62
OMB Guktfance Pt.200,,App.11
(CI R4ttal Empiaytn®nt Opportunity. Xr• Part 5).Under 0 U.9,C,3702 of the Act,each
C"t as otherwiso provided Lander 41 CFR contrv,ctor oast be a quhod Lo ooraptite,thu
Hart W.nIl contracts that amot ttae deDnl- %-egos of every e7mchanle end laborer on the (�
Lion of"foddrally asslated construction ten- basis,of a stsaxtard work week or 40 hosts.
tact"In 11 CFR Bart 80-1.4--Awt laeludo the Work In each of the standard work week In
agnnl Opportunity skates provided under 41 Permissible provided that the worker is Min-
CFR M-1.4(h),in accordamcc with Rxecutivc pcaastcd at a rate of not lcxt than aue and a
Order 1I210, "Equsl Kraployrmnt Opprr- halt tlrras the baslo rate of rAy for all inure
Lenity"(30 FR IMP,12M.3 OFR Pate,IW- worked In erceaa of 40 home in the work
00 Gomp.,P.CSC),ass atrsuodod by EXMk1t1vc aaalt,The to gatlr eta xata Or 40 U a,C.root am _
Order 11375, "Attwwodjac Px"a attivo Order rxplrl8a:ml'rla Las r anotrtaaytlaau work and pvavldo 6
112411 Retattnr to Egaal Eraplaymant Oppor that no laborer or rrmhanlc awst be re-
tunkty;,and Irrvernenting regulations at 41. gulred to work In aurmuudloga or under
CFR 3mrt M. "Office et Federal Contract workhW tbadktlanw which Are untabltary, tin
Corsapllwnca Pro , Equal Exuployrerat bawdotu or dangerous,Thews requbvuwnt4
Opportunity,Departmwnt of Labor," da not apply la the t%archAves tap supplies or
(D)DAvly-Upton Act,as amended(40 U.43.C, tuaterials or articles ordlnArily available an
31413148),When reelulred by Federal prorrate the open muket,or cantrscps fat Lranspnr
larlslatdon,all wir*constructiou contracts tatlon or transmission of Intelligence.
In excess or 22.Qd asrardod by nan.Fndernl (F) Flights to YnventloaA Muria Uudcr a
entitles rrwat Include a provialou for compll, Contract or Agraemeat,if tba Federal award
ante with the Davis-Bacon Act (40 U.6,0, tneaw the derialtina of"f %greemaat"
3141-1141.and 211631.48)as suppletwnled by tender 37 CFR 1401.2(&1 alld the toCipleat or
Dtpartitmnt of hirer regulatiow (29 CFR subreclpdent wtshet to enter loan A contact
Part 6,"Labor Standart6 Provisions Aroll with a entail baxslncg4 flrru or nonpmflt orra-
tmhle to Cont.-acts, Covering Federally Ft- nitatina "ardisg the aubatltptlon of Mr- �
n.,.,cam and Asadetati CawnstsexUoa'-). Ya ac- ales, asal`nment or rcarfornrance of axlkrl-
wrdaaca with the statute,contractota resat tnebtal, develoPawnLat, or ra ,wt°rah work
bo rtqulred to 1^ay wavos so lAbor ers and lase. under that"Iundlair eymearnebt,`the recipl-
cbsnlaro et A Jr,4,1 soot 1104 thou tIO(veralllnC cot or sutrecIplont must comply with the re �
wages specified in a wage dwtarrulnstion g strtuaents ofil epu part !,'^14i,ghta to�In- 0
made by the Eecretary of Labor.Lb addition, NvatlOns Made bye NO0rxrafl4 f.)a^tanlraagsaa
We tractors must be requtrsa to pry %-ago* and Small ¢asloasa Firma Under Govern,
nee less than Once a week,7U eon-Pederal rneat Great., Contracts and Cooperatire
entity rsaawtt pilau a void"of the ckurvob P-.)- ACteetrAULaw"and may iruplotaeatlag regula s'
vn111ap ww o4lo a4waa.rpaslaa.tlOn immi"l by the Flo- tdwaosa lemaaed by the aw arditt;4t;oncy a-
parttuent or Labor In each solicitation.The (0)Clean Air Act(42 U.&C.4401-7611g.)and 0
dcelslon W ar-wry a arntrxcL or aobcontrnct the Federal Water Pollution Control het(33 C:
uauL be ceoditiobed upon the Acceptance of U.l3.C,1251-1w0, and
the wage deteruilaatioa.71te aon•Faderal en- suhBrauta of anotutts In excess of S150,000
tity autst rawrt all euapmied or reported nrzaL contain a provision that requires the M
violscloas to the Ft(Mral awardintl nVotey., oon•Faderal award to agree to coinply with 0
Tho aaoot`arts tw,UML also loazlrtala a.revision all mp pl(Oahie atandards, anlm or regal%-
for taat7tg4loace pleb. the 4;opoland "Anil Lions laurod:..roans to the Cloac Air Act
Fickbaek" A:l. (40 U,9I0. 310). Dort sul:r4o. (42 U.S C,74W-7571q)And the Fedarwl Water
au9b 4,e by I),opurtimat of Labor roculatlone Pollution Control Act as amended(32 U,$,C.
(29 CFR Part 3, '"Cantraators and Sul- MIAM).Violations must be reported to the
contactors on Public Sullrlla or Public federal awardlnr acenoy and. the Ht¢laaal
Work Financed in Whole or to Part by Loans Offlca of the EnrimernautAi Protection
or-Grants Rom the United$fates').Ile Act Acency(EPA).
provides that oaeh contractor or nub- (11)D'.berlymat and Suspension(F"xor utivw
recipient must be prohibited from luducing, Orders M15,1k anal Iht09)--A rg)lttrart awaard im
by any marts,arty person anXiloyed In the (wee 2 CFR 100-M)nuat.not bd made t®Par-
moatmcUon,cornplation,or.repalr of publla tlee]toted on the governrentwide escknlons
work,Ln c€ve up nay part❑f the comfoaaa- In the Syatrm for Award hlsnagemeaL
Lion to which he or she Is Otherwise entitled. (SAbd). In accordance with the OMB guldo-
Thr aoa=Fadarra,l gbMy MAUL report all sus- llnss at 2 CFR 100 tbat Iimpleomat Fxecutivo
Petted or reported vlalstlons to the Federal Ordtta 1250(3 CPR part Heal Curutk,p.10)
awarding agency. and MOV(3 CFR past I1419 Ooaxap.. p. 23S).
(R) Contract !York Hours and Wety "Dalxarrnant-and gtrspansloa.- BAM Exciu.
gtaadtLrde Act (40 U,6,0_ 370)3TDR), Where Glans contains the Mamma of turtlee debarred,
applicable,all wwrAkta A.wxrded by the non- sttsraeded, or otherwise exciaded-by agen-
Federnl entity 1n wau^eam of 310CM that In- cis, as well r pnrLlex declared Inolicdble
volve-the emPlagmentoi-nt hanlexorlabor- under statutory or regulatory unbor€ty
eta rnttst toclude a)rovislon rar corrollanca outer theta-Executive Order 12SO.
with 40 U,13.C,3M and 3701,ae otipplem-nted (T) Byrd Ant1-1,ob1byine Armeaduvent (31
by Depnrlraut of Labor reVilatloan(20 CFR U,5 C, that apply-or bid
201
rill
€d)
Packet Pg. 1160
63
Pt.200.App.111 2 CFR Ch,11(1-I-117 Edflion)
Ice`no award..eoedItx$11tfl,WO nnast file she "—q&j.0 tres%"Rt v*y,k.c5nd,..It in the
"Mimd t,wMn-U-o,33-th Ur t=r9fka are lbruimuor rutiction.
the-clot aI ore that it wIU not W late Mi (T) vqA4*vA'NI--uh n V_.'th'
need re"mi Q1PPmIrj-tvd rur)"to Pay"Y doveloptuont, nmi schOt-ly cIbri%ioai thxG
T"W'M br MvInInation for Inno4orl.if ar xt- are WL DM'aWW4 Cb And, me. 0
W&nrMNjE to Innovate An omv#"r Or mrloy" "oeutvy, or.not 1,.d"kd.&M
Of&Zry RC4&AcY,Q,hwhler of COIWrest,urflow accounted For. Detwtnte.W rmox4cb. for
or employee of Got a .ar an oraptoy"of& Pumuotto of this docuvant-ht cut conaldered
"-I-of In WMtweMoo with ad --MaJor funetton.buk U.rtort of the In
Wag RAS re&L-fil-oLMCt.Zj*RX W any MtKUtth b2ftCfl=of the InStItutgoft,
.tk,.T Ward mmmd by at U'B_C,JD&2,F-h M Only MIUPAAtory as *U-A'hnr M catt
U6r TAKUL .1190 Idullr[ose net, lot"bring olkh ghexio%q"MmIty M=11U.4 la tjw pvj"t
fitadv that I.skss 0.c. In mu- at Utunt be Joclu&&d In the Msalt rt-
m�Iloh with vbwwkc Koy Fodnro svWL &ftfth baft W Wtapotla:the Indirect CF&M
S-WIL dlackensr"are ramirdeei froth tier%a ""k rxtocro.n..W to Mnj
Mor up to the non-v6derx1%"F& tibo.-k vrAw' 0'tatarj 1":*1A UIyjvo M,twpu n'jry 0
0I Sea 12W_=rMa"W*at of r""',Md WW.4 WO o'Mh'otw lor, E
ntnt-W., h, ovg.piw4 Tc&"'Ch U-nus ME Xeaearcb
pmaut
al of
170 rR Tom.Dec.20,2013,"%alwadw at 70, that iu,s ooPUtojy bnagoWd and Lm"j2t*d
I'M T=.Doc,Ik W1 I) Inc.It La.sWes: 4-
(1)Spun—d '-A ntoxc.nil t_"�h
ArprNwx III TO PART "d d.-I-p-at"W411- test - aP.n.
UMA) COWTO IDYNTIFWATION AND Wed by Fvd&ml and Cenclat
ASSICOMENT.ANo RATE DM-12"INA- &ad term loctud"satjtj
TXGH ma luffrranIoun air Mama Men fut-tritc the UgWor of indivtdosm in
LOUD MON(IRES) lvwv4th [Milunklo" cclld r*.
KW'h wher. ,k*b"ti.itine ukull.
dL 0 Ls7AA 4 the oura'=Uitlm U ather mtftx-h and d&,
VcIopmuk-klvhl-And whcrc-h sctivlU)
Title&Z"adja EAoYId`xv"Uccla.for Wena- Ova Are not lwludtd In Q0 loatruct6n("C-
fyint; &rA wraputhel IwUrftt (w Ind uret, Quo.
(I")Mt_nt MCA Ludirect Unf4wilifil 'tfta d' vne. all rone'Arok
(F&A)costs am them that mrs lacurTed for a da"gotemect oxtl'Jtte9 th-L un *.m
Conla"oft Or Joint. owtivoo " cheftleco _W7 bMU0.d And_a�ted roR byto-
Cannot bt ItIoutifitti roodaX Had aMuti.n utaker"-Intai"&nuil-d.n of In-
with& FARSUVOLar NPOLAared an.In, AtitutJOW RIMU- 1JMIVMS1tY' W-066arth. 9(x°
stmetiobAl AcUrIty, m No$ otbpr Iftstim. Furl�Or this dKMtWb% hu" he CfiifiF
TIO&I kctjv%ir�, rpm tt,j, tjgfi,i. hiss %q&b mitow&r.6 r.%—h otuj�r LtA,
th'a or Pac.111"et see f,. AMWOU of
dUMNiou of the mMooeatA of hodi,,ot a.01hev WmOrdd Qctiv"JeA bl"M%xvxrWnu
(FAA)-L.. rl--d by 17,41 ..d 4-
F-d�, Iogomtv*and Organizations orhkk to 0
1,Maj& AmCIMP4 cjf..k2fgut4. TW"the perfartrancs of work other than In,
"t""Jon Lod-rgnalmd""-fth'_Faaovj"
R"at-6 to InAtrmuom'orpLsalted MOWMb- of Mk'h f.Wffx.rne -d pc.Jr 1a are b-Ith 0
other opowa"4&CUvItIes&zd Other InstItAt.
%W"l ActivIghas"derived in tbl*wtjoa:
by Lb, jutit'LM, nb&b."A,
t�indpz—IM00's of ne lnstrYrllou "holdo'UWt« Ik'y u,'W'jn,,jfhd
kw arch ImWAS *6 peovl&4 In Aub- Otber j"%ltqtWAAj LetivititQ;
"cQuab.thin term IWIL-40*all Imcht"and d'ly._noegvanal aefvWes M'Zae.10 an
er-Al"'n"' Wbbth'W they W-6 Offet'ed tNltlna of an jh5titnijuM"amps fln-lont"
kn-a-dlht ta-er-d.dw W-rilth-m- tjov, dowtaveotm reseomb, orgma1w rv.
on a man Ib-i..aad ote, z rcel.and Other gmhk6md wiwtee.as d&-
.floted thrMWb rWI44- "OMIQ &PW'C- n..l I h LAIR seartinn,jodl—t(F&A)—L bt-
avmka or wp=to dil-dons,Aocie on k amm- 14vitles I"nslfff®d It Chit. AppeoWx pg4�-
nea•a�6ml di'1`40n-r on mph R,Identirtmahtn,and&xsqgn-.m4t or in,
Alto WomiecM4 We of Ib"mnkor ftuction duect(Fikh)tutu;and vPod&Iftd newtem
ate do rtaematat —6, ..A, whet® C..Illtl" Ibd in 12M.410 gtxK Lalivnl
Aipr"4 to,UUI Ity tvvooxt,b° Kr"CO 104111W"Of thin Pakt>
(1)sJub"1XIM In&W-1joh and firdi-No -Rasinplet,of other luAticgilotul mU91tift
*I-Hk inett"O 10MA Or t-W-C-il-ilr oe- tocludt vtwa,&tWn of J"Wva-Wt..diptcv
I.buthed by;1%att.<Valmcl,Or hQA'humolt.14 NO C13tef-A,atudoixt."Wom,
&greomaot, Pot rnaposao of the -t win• Ixltcrcoll-vnt.aW.11m bookuo"A'faculty
Mrqet, this 64"Vity M&Y he onnAtUred a hwutit4�atodont aWl4"ntA, gum�t. boouo�
O"b thtw1h A.inetit.O.W. Qhxr�,%A,t6-1.,..F.tblb,im.00rn.,phd othrr
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Attachment J
DHS OIG AUDIT ISSUES and-ACKNOWEDGEMENT
The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by
Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed
below: T
There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the E
prescribed rules to the point that the OIG believed the below listed violations could have nullified the 2
FEMA/State agreement. 22
0
1. Non Competitive contracting practices.
4-
2. Failure to include required contract provisions.
3. Failure to employ the required procedures to ensure that small,minority, and women's owned firms
were all given fair consideration.
U)
4. Improper"cost-plus-a-percentage-of-cost"contracting practices.
The following information comes directly from DHS`s OIG Audit Tips for nAanaging Disaster Related
Project Costs; Report Number OIG-16-109-13 dated July 1, 2016. The following may be reasons for o
the disallowance or total de-obligation of funding given under the FEMA/State agreement: 3
1. Use of improper contracting practices.
2. Unsupported costs.
0
3. Poor project accounting.
4. Duplication of benefits.
0
5, Excessive equipment charges(applicability may vary with hazard mitigation projects).
6. Excessive-labor and fringe benefit charges.
7. Unrelated project costs.
0
8. Direct Administrative Costs,
cm
9. Failure to meet the requirement to obtain and maintain insurance, E
Kev Points that must be-followed when Administering FEMA Grants:
• Designate one person to coordinate the accumulation of records.
U)
• Establish a separate and distinct account for recording revenue and expenditures, and-a separate
identifier for each specific FEMA project.
• Ensure that the final claim for each project is supported by amounts recorded-in the accounting
system,
0
• Ensure that each expenditure is recorded in the accounting books and references supporting
sources of documentation(checks, invoices, etc_)that can be readily retrieved.
Packet Pg. 1162
D.4.b
51
Research insurance coverage and seek reimbursement for the maximum amount. Credit the
appropriate FEMA project with that amount.
0 Check with your Federal Grant Program Coordinator about availability of funding under other
Federal programs(Federal Highways, Housing and Urban Development,etc.!and ensure that the
final project claim does riot include costs that another Federal agency funded or could have funded.
0 Ensure that materials-taken from existing inventories for use on FEMA projects are documented by E
inventory withdrawal and usage records.
0 Ensure that expenditures claimed under the FEMA project are reasonable, necessary, direcliy
benefit the project,and are authorized under the"Scope of Work,"
4-
1 acknowledge that I have received a copy of, and have been briefed on,the above DHS OIG Audit Issues,
Monroe County 03/05/2018
Sub-Recipient Agency Date
_�...__
Signature �_. . 0
0
3
4-
Tina Bon Sr, Director Budget Finance o
Printed Name&Title
0
0
0
0
x
a
0
Packet Pg. 1163
D.4.b
66
Attachment K
JUSTIFICATION FOR ADVANCE PAn?IENT
RECIPIENT:
If,you are requesting an advance, indicate same by checking the box below.
[ j ADVANCE REQUESTED 0
2
Advance payment of $ is 22
requested. Balance of payments will be made on a reimbursement
basis, These funds are needed to pay pending obligations for E
eligible work. We would not be able to operate the program without
this advance.
a
If you are requesting an advance, complete the following chart and line item justification below,
BUDGET CATEGORYILINE ITEMS 20 -20_Anticipated Expenditures for First Three Months
(list applicable line items) -of Agreement 0
3
4-
0
Example:PVM0001(0) Contract Work$1;500,000.00(provide detailed justification).
a®
TOTAL EXPENSES
ca
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need
for the cash advance: The justification must include supporting documentation that clearly shows the cm
advance will be expended within the first ninety-(90)days ofthe contract term.Support documentation E
should include quotes for purchases,delivery timelines, salary and expense projections, etc.to provide the
Division reasonable and necessary support that the advance will be expended within--the first ninety(90)
days of the-contract term.Any advance funds not expended wiihin the first ninety(90)days of the contract
term must be-returned-to the Division Cashier, 2555 Shumard Oak Boulevard,Tallahassee, Florida 32399,
within thirty(30)days of receipt, along with any interest earned on the advance). 0
Packet Pg. 1164