Item F14 County of Monroe Mayor Sylvia J.Murphy,District 5
Mayor Pro Tem Danny L.Kolhage,District 1
* Michelle Coldiron,District 2
The Florida Keys + � Heather Carruthers,District 3
','1 David Rice,District 4
V+`e
BOARD OF COUNTY COMMISSIONERS
Commissioner David P.Rice "
9400 Overseas Hwy., Suite 210
Florida Keys Marathon Airport Main Terminal
Marathon, FL 33050
Boccdis4@monroecounty-fl.gov
305-289-6000
Interoffice Memorandum
Date: November 14,2019
To: Kevin Madok, Clerk of the Court
County Clerk's Office
From: Commissioner David Rice, District 4 A
Wg>-
RE: NOTICE OF VOTING CONFLICT
•
Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will
abstain from the vote on certain issues brought before the Monroe County Board of
Commissioners with entities with which I am involved.
I will abstain from the vote on issues concerning the following entities:
Guidance Care Center,Inc., a private, not-for-profit entity, which receives some of its
operational funding from the County, as I currently sit on the Board of Directors of the
Guidance Care Center. I am also a member of the Board of the Historic Florida Keys
Foundation,Inc.
At the November 20,2019,2019 BOCC meeting,I will abstain from the vote on
item(s):
#F14
Copy of agenda item listing from the Revised Agenda for each of the referenced item(s)is included for
documentation.
ATT State Form 8B Memorandum of Voting Conflict for County,Municipal, and Other Local Elected
Officers
•
•
FORM 8B MEMORANDUM OF TING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,C MMISSION,AUTHORI 0 COMMITTEE
(Z�CE DAviD PAYWE- (flanroaCaurtU C3at-cLo Cann,Y,( .ssroi)
MAILING ADDRESS ✓�/ J THE BOARD,COUNCIL,COMMI6ION,AUTHORITY OR COMMITTEE ON
1 33 illo �I -a£ r-@ Ln • WHICH I SERVE IS A UNIT F:
CITY � COUNTY Li CITY , COUNTY ❑OTHER LOCALAGENCY
rfl ra9-ko//i mQ rt r`a¢-- NAME OF POLITICAL SUBDIVISI N:,
DATE ON WHICH VOTE OCCURRED Monroe eau n
MY POSITION IS: QQQ
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
•
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
* * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision;
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
•
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of-the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
In DISCLOSURE OF LOCAL OFFICER'S INTEREST c,
I, Dav1 d To- (Z(a_c_ , hereby disclose that on 1 'W rY1 2 , 20
(a)A measure came or will come before my agency which (check one or more) (i fA-
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of , by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)T e measure before my agency and the nature of my conflicting interest in the measure is as follows:
I currently sit on the Board of Directors of the Guidance Care Center, Inc.
I am also a member of the Board of the Historic Florida Keys Foundation, Inc.
SEE ATTACHED AGENDA ITEM SUMMARY
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
/1/4"57/415r
11 1L (4 2v(c
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
F.14
BOARD OF COUNTY COMMISSIONERS
County of Monroe YFfi� 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
November 20, 2019
Agenda Item Number: F.14
Agenda Item Summary #6208
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325
N/A
AGENDA ITEM WORDING: Approval to accept a Pre-Disaster Mitigation Grant on behalf of
Westcare / Guidance Care Center, Inc., from FEMA through Florida Division of Emergency
Management, to install an emergency generator system. The total award is $101,240 ($75,930
Federal grant award / $25,310 non-Federal). Monroe County will not provide funding for this
proj ect.
ITEM BACKGROUND: This award is provided by the Federal Emergency Management
Agency's "Pre-Disaster Mitigation Grant" program. Monroe County and Westcare/Guidance Care
Center will execute a Memorandum of Agreement detailing the responsibilities of each party. This
is a reimbursement grant. Westcare/Guidance Care Center, Inc. will be responsible for all
associated costs not reimbursed by FEMA.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved submission of the
application to this FEMA Mitigation Program at the November 20th, 2018 meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
PDMC2018-014 Fed Funded Sub-Award and Grant Agreement Final-
MONROE_GUIDANCE CARE CENTER_MOA
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: 04/01/2022
Packet Pg.406
F.14
Total Dollar Value of Contract: $75,930
Total Cost to County: 0
Current Year Portion:
Budgeted:
Source of Funds: GRANT
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: NO If yes, amount:
Grant: $75,930
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Pedro Mercado Completed 11/04/2019 10:53 AM
Martin Senterfitt Completed 11/04/2019 10:59 AM
Budget and Finance Completed 11/04/2019 11:34 AM
Maria Slavik Completed 11/04/2019 3:06 PM
Kathy Peters Completed 11/04/2019 4:51 PM
Board of County Commissioners Pending 11/20/2019 9:00 AM
Packet Pg.407
F.14.a
Agreement Number: B0062
Project Number: PDMC2018-014
3
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement,
including an agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non-Federal entity that provides a
subaward to a Sub-Recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub-Recipient" means "a non-Federal entity that receives a
subaward from a pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non-
Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." M
As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub-Recipient's name: Monroe County BOCC
Sub-Recipient's unique entity identifier: 59-6000749
Federal Award Identification Number(FAIN): EMA-2019-PC-0001
Federal Award Date: August 26, 2019
Subaward Period of Performance Start and End Date: Upon Execution —4/1/2022
Amount of Federal Funds Obligated by this Agreement: $75,930.00
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $75,930.00
Total Amount of the Federal Award committed to the Sub-
Recipient by the pass-through entity $75,930.00
Federal award project description (see FFATA): Generators for Critical Facilities
Name of Federal awarding agency: FEMA
Florida Division of Emergency
Name of pass-through entity: Management
00
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Contact information for the pass-through entity: Robert Collins, Project Manager
Catalog of Federal Domestic Assistance (CFDA) Number and
Name: 97.047
Whether the award is R&D: N/A
Indirect cost rate for the Federal award: N/A
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F.14.a
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
Board of County Commissioners, (hereinafter referred to as the "Sub-Recipient").
3
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state E
assistance", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required by Section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed _
Iq
and the criteria for evaluating the successful completion of each deliverable.
00
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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F.14.a
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.
3
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, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is: E
Robert Collins, Project Manager
FI Division of Emergency Management E
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850-815-4552
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
3
Ms. Maureen Dunleavy, Area Director
Monroe County Board of County Commissioners
1205 Fourth Street
Key West, Florida 33050
Telephone: 305-434-7660
Email: Maureen.Dunleavy@westcare.com Iq
d. In the event that different representatives or addresses are designated by either party 00
after execution of this Agreement, notice of the name, title and address of the new representative will be N
provided to the other party.
3
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F.14.a
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION 3
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION o
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.
(7) SCOPE OF WORK.
The Sub-Recipient shall perform the work in accordance with the Budget and Scope of
Work, Attachment A of this Agreement.
(8) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end on April 1,
2022, unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement.
Consistent with the definition of"period of performance" contained in 2 C.F.R. §200.77, the term"period
of agreement" refers to the time during which the Sub-Recipient"may incur new obligations to carry out
the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient
may receive reimbursement under this Agreement only for"allowable costs incurred during the period of
performance." In accordance with section 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.
3
(9) FUNDING
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 Iq
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
00
Ir-
for each deliverable is outlined in Attachment A of this Agreement("Budget and Scope of Work"). The
maximum reimbursement amount for the entirety of this Agreement is $75,930.00.
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
4
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F.14.a
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)."
3
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A,
that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a "performance goal', which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
services")and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, E
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. §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
3
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the 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, Iq
iii. The accounting basis (cash or accrual)selected for costing each type of 00
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
5
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F.14.a
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
3
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j. As defined by 2 C.F.R. §200.53, the term"improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount(including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper. E
(10)RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
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 _
Iq
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
00
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
119, Florida Statutes)and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5)fiscal years from the date of
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F.14.a
completion of grant cycle or project. The following are the only exceptions to the five (5)year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 5-year
3
period, then the records must be retained until all litigation, claims, or audit findings involving the records
C
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient.
V. Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
C
applies to the following types of documents and their supporting records: indirect cost rate computations E
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
C
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.
3
e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable. 00
Ir-
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. 0
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
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F.14.a
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
3
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted E
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. M
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 M
function to a private entity, the records generated by the private entity's performance of that duty become 3
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
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 Iq
Ir-
and objectives of the Budget and Scope of Work-Attachment A-and all other applicable laws and 00
Ir-
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.
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F.14.a
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
3
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."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance.
e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting 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://harvester.census.gov/fac/collect/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the _
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Division at the following address:
00
DEMSingle_Audit@em.myflorida.com
cv
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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F.14.a
(12)REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
3
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 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
c. The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in E
Attachment F.
(13)MONITORING.
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A 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 _
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Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
00
appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division
CD
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.
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F.14.a
(14)LIABILITY
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
3
the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient
C
shall hold the Division harmless against all claims of whatever nature by third parties arising from the
work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any E
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
M
liable to make any further payment if:
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
M
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. 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; _
Iq
c. Any reports required by this Agreement have not been submitted to the Division or
00
have been submitted with incorrect, incomplete or insufficient information; or,
CD
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16)REMEDIES. C
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:
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F.14.a
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
3
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
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; E
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 M
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 M
the Division for any other default by the Sub-Recipient. M
3
(17)TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. _
Iq
b. The Division may terminate this Agreement for convenience or when it determines, in
00
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 calendar day's prior written notice.
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
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F.14.a
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
3
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)PROCUREMENT g
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
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
Non-Federal Entity Contracts Under Federal Awards"). t3
b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall "maintain records M
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 M
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(b), 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 E
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
(15)days prior to 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. §200.324, 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 _
Iq
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
00
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
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:
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F.14.a
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
3
solicitation.
e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall E
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business
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: M
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and, M
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that M
3
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 0
Agreement, to the extent allowed and required by law. Iq
g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall "maintain written 00
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:
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F.14.a
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
3
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or E
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. M
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 M
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), M
3
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 _
Iq
firms").
00
(19)ATTACHMENTS
N
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.
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F.14.a
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A— Budget and Scope of Work
3
iii. Attachment B— Program Statutes and Regulations
iv. Attachment C—Statement of Assurances
V. Attachment D— Request for Advance or Reimbursement
vi. Attachment E—Justification of Advance Payment
vii. Attachment F—Quarterly Report Form
viii. Attachment G—Warranties and Representations
ix. Attachment H—Certification Regarding Debarment
X. Attachment I — Federal Funding Accountability and Transparency Act
A. Attachment J— Mandatory Contract Provisions
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed E
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. 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
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division _
Iq
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
00
report within thirty days of receiving notice from the Division.
CD
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F.14.a
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management", and mailed directly to the following
3
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
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.
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336, 42 U.S.C. Section 12101 etseg.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local _
Iq
government services, and telecommunications.
00
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
17
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F.14.a
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 is not a local government or state agency, and which
3
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph
(22)f. ii. of this certification; and,
iv. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local)terminated for cause or default.
g. If the Sub-Recipient is unable to certify to any of the statements in this certification, E
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 H)for 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.
3
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
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 0
Agreement, any interest income shall either be returned to the Division or be applied against the Iq
Division's obligation to pay the contract amount. 00
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act
("INK)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions
18
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F.14.a
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. All unmanufactured and manufactured articles, materials and supplies which are
3
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
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
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on E
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." _
Iq
iii. The Sub-Recipient shall require that this certification be included in the
00
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
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F.14.a
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida. E
c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and
copyrights which accrue during performance of the Agreement.
3
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-
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida 00
government purposes. N
(25)LEGAL AUTHORIZATION.
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
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(26)EQUAL OPPORTUNITY EMPLOYMENT
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
3
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or g,
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited 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. E
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
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.
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V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, 00
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
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ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1)through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 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 t3
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or g,
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
M
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 E
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
C
c. The Sub-Recipient agrees that it will assist and cooperate actively with the M
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
C
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the M
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such M
3
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.
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
C
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 Iq
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violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the 00
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administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
C
or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to 0
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
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F.14.a
assurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI-KICKBACK ACT 3
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
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.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
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
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 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation. _
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(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
N
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. 7401-7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency(EPA).
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(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
3
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. §
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
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
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise E
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI-LOBBYING AMENDMENT
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
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the 00
recipient.
N
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
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F.14.a
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
3
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
a
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 E
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
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
3
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
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting").
(33)ASSURANCES.
The Sub-Recipient shall comply with any Statement of Assurances incorporated as Iq
Attachment C. 00
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
3
SUB-RECIPIENT:
By:
Name and Title:
Date:
STATE OF FLORIDA
a
DIVISION OF EMERGENCY MANAGEMENT .�
By:
Name and Title: Jared Moskowitz, Director
Date:
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EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Emergency Management Agency: Pre-Disaster Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97.047
Award amount: $ 75,930.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT: t3
• 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards t3
• 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
• Sections 1361(A)of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
1. Sub-Recipient is to use funding to perform the following eligible activities:
• Generators for Critical Facilities
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.
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Attachment A
Budget and Scope of Work
3
STATEMENT OF PURPOSE:
The purpose of this Scope of Work (SOW) is to upgrade a generator from 125kW to 150kW, which will
0
provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project
is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida
Division of Emergency Management(Division)and the Federal Emergency Management Agency
(FEMA).
The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as
submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-
Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations, and Codes.
PROJECT OVERVIEW:
As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator
and install a new 150kW diesel-fired generator in its place with all its associated connection and
operational infrastructure at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -
81.087164).
The generator shall be protected against a 500-year flood event by implementing specific activities or by
locating the generator outside the Special Flood Hazard Area (SFHA)and shall be protected against wind
with a rated enclosure based on its location requirements. Activities shall be completed in strict
compliance with Federal, State and Local Rules and Regulations.
TASKS$DELIVERABLES:
A. Tasks
1) The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute 3
a contract with the selected bidders to complete the scope of work as approved by the Division and
FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractors in accordance with
the Sub-Recipient's procurement policy, as well as all Federal and State Laws and Regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the Sub-Recipient and subsequently approved by the
Division and FEMA.
00
The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for
the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable
condition.
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from
participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt issued E
for the type of services being performed.
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The Sub-Recipient shall provide documentation demonstrating the results of the procurement
process. This shall include a rationale for the method of procurement and selection of contract type,
contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form" for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-
Recipient.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform
services. The Sub-Recipient shall provide a copy of a current and valid occupational license or
business tax receipt issued for the type of services to be performed by selected contractor.
2) The Sub-Recipient shall monitor and manage the removal of the old generator, as well as procure and
install one new 150kW generator at 3000 41st St Ocean, Marathon, 33050, with all the equipment
required to connect and operate it. The generator will be protected from hurricane wind damage by an
enclosure and will be installed with a fuel tank, automatic transfer switch, and all necessary electrical t3
and exhaust attachments. This work shall be performed in accordance with the PDM application and
associated documentation as presented to the Division by the Sub-Recipient and subsequently
approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable State, Local
and Federal Laws and Regulations are followed and documented, as appropriate.
The Sub-Recipient shall fully perform the approved project, as described in the application, in
accordance with the approved scope of work indicated herein, the estimate of costs indicated herein,
the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient
shall not deviate from the approved project terms and conditions.
Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of
the completed project by the local municipal or county building department(official), or other approving
official, as applicable. The official shall inspect and certify that all installation was in accordance with
the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected
by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient
supporting documentation, and provide a summary of all contract scope of work and scope of work
changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement.
b) Local Building Official Inspection Report and Final Approval.
c) Signed and sealed copy of the As-built plans.
d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope.
e) Certified Letter of Completion —
1. Affirming that the project has been completed in conformance with the approved project
drawings, specifications, and scope.
2. Certify Compliance with all applicable codes.
f) All Product Specifications/ Data Sheet(s) (technical standards)satisfying protection requirements
on all products utilized. 00
g) Copies of any permits that were required prior initiating work. If no permits were required provide
a letter from the local floodplain administrator stating that the project did not require any permits.
h) Letter verifying that construction vehicles and equipment used for this project were maintained in
good working order to minimize pollutant emissions. The letter shall also include that the
contractor implemented measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer-
related waste during project work.
i) Verification letter or documentation showing the generator is protected to the 500-year(0.2%
annual chance)flood elevation.
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j) Letter verifying that unusable equipment, debris, and material were disposed of in an approved
manner and location, if any significant items (or evidence thereof)were discovered during
implementation of the project, and that the Sub-Recipient handled, managed, and disposed of
petroleum products, hazardous materials, and toxic waste in accordance to the requirements and
to the satisfaction of the governing local, state, and federal agencies.
k) Proof of compliance with Project Requirements and Conditions contained herein.
3) During the course of this Agreement the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub-Recipient shall submit an affidavit signed by the Sub-Recipient's project personnel with each
reimbursement request, attesting to the completion of the work, disbursements or payments were
made in accordance with all agreement and regulatory conditions, and that reimbursement is due and
has not been previously requested.
The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are
accurate and any contracted services were rendered within the terms and timelines of this agreement.
All supporting documentation shall agree with the requested billing period. All costs submitted for
reimbursement shall contain adequate source documentation, which may include but not be limited to:
cancelled checks; bank statements; Electronic Funds Transfer; paid bills and invoices; payrolls; time
and attendance records; contract and subcontract award documents.
Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by
the contractors and subcontractors and pay the contractors and subcontractors for approved bills, 0
invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third party in-kind services, if applicable, shall be conducted by the
Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub-
Recipient and received by the Division at the times provided in this agreement prior to the processing
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The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and 00
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managerial costs related to the project as identified in the project application, and plans. The requests
for reimbursement shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services
performed, description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information;
b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for
invoiced services; and
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F.14.a
c) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount.
The Sub-Recipient's final request for reimbursement shall include the final construction project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid. 3
B. Deliverables
As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW
generator and install a new 150kW diesel-fired generator in its place with all its associated connection
and operational infrastructure at the Guidance Care Center, located in Marathon, FL 33050
(24.711583, -81.087164).
The generator shall be protected against a 500-year flood event by implementing specific activities or
by locating the generator outside the SFHA and shall be protected against wind with a rated
enclosure based on its location requirements. Activities shall be completed in strict compliance with
Federal, State and Local Rules and Regulations.
Provided the Sub-recipient performs in accordance with the Scope of Work outlined in this M
Agreement, the Division shall reimburse the Sub-recipient based on the percentage of overall project
completion.
PROJECT CONDITIONS AND REQUIREMENTS:
A. Engineering
1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100%
complete and ready for the Division's Final Inspection of the project.
2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official
Inspection Report and/or Final approval; as applicable.
3) The Sub-Recipient shall submit a final copy of the completed project's As-built drawings and all
necessary supporting documentation, and provide a summary of all contract scope of work changes, if
any.
4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings
elaborated to complete the job.
5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub-
Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has
been completed in conformance with the approved project drawings, specifications, scope, and
applicable codes
6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protect requirements on all products utilized.
7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade
Specifications. All materials shall be certified to exceed the wind and impact standards of the current
local codes.
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8) Product Specifications documentation satisfying protection requirements for all products utilized shall
be provided to the Division for closeout. N
9) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may
jeopardize federal funding.
10) The local municipal or county building department shall inspect the installation according to the
manufacturer's specification, ensure that the above referenced standards have been met and
documentation provided to the division for closeout.
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11) The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the
safety of inhabitants before, during or after a natural manmade disaster.
B. Environmental:
1) The Sub-Recipient must follow all applicable State, Local and Federal Laws Regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and o
clearances may jeopardize federal funding. If project work is delayed for a year or more after the date
of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies
must be redone.
2) Any change, addition or supplement to the approved Scope of Work that alters the project (including
other work not funded by FEMA, but done substantially at the same time), regardless of the budget
implications, will require re-submission of the application to FEMA through the Division for National
Environmental Policy Act(NEPA) re-evaluation before starting project work.
3) If any ground disturbance activities occur during construction, the Sub-Recipient will monitor ground
disturbance during any ground disturbing activities during construction, and if any potential
archeological resources are discovered, will immediately cease construction in that area and notify the
Division and FEMA.
4) The Sub-Recipient must coordinate with the local floodplain administrator and obtain required permits
from the appropriate agencies prior to initiating work. All coordination pertaining to these activities and
Sub-Recipient compliance with any conditions should be documented and copies forwarded to the state
and FEMA for inclusion in the permanent project files.
5) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In
the event significant items (or evidence thereof) are discovered during implementation of the project,
the Sub-Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and
toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and
federal agencies. Verification of compliance is required at project closeout.
6) Construction vehicles and equipment used for this project shall be maintained in good working order to
minimize pollutant emissions. The contractor shall implement measures to prevent spillage or runoff of
chemicals, fuels, oils, or sewer-related waste during project work.
C. Programmatic:
1) The Sub-Recipient must notify the Division as soon as significant developments become known, such
as delays or adverse conditions that might raise costs or delay completion, or favorable conditions
allowing lower costs or earlier completion.
2) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of
the budget implications.
3) The Sub-Recipient must"obtain prior written approval for any budget revision which would result in a
need for additional funds" [44 CFR 13(c)], from the Division and FEMA. Iq
4) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30-days
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prior to the Period of Performance date, for review and approval by the Division; for submittal to FEMA
for closeout.
5) Any extension of the Period of Performance must be submitted to FEMA, 60 days prior to the expiration
date. Therefore, any request for a Period of Performance Extension must be in writing and submitted
along with substantiation of new expiration date, and a new schedule of work,to the Division a minimum
of seventy (70)days prior to the expiration date, for Division processing to FEMA.
6) The Sub-Recipient must avoid duplication of benefits between the PDM and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191.
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F.14.a
FINANCIAL CONSEQUENCES:
If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the
following actions, as appropriate in the circumstances:
3
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program;
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4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
SCHEDULE OF WORK:
State contract execution process: 3 Months
Procurement of Generator, Materials, and Labor for 3 Months
Install: .�
Selection of Contractor- Notice to
3 Months
Proceed:
Final Designs/Order Generator E
and Materials: 3 Months
Receive Generator, Remove Existing Unit, Install 4 Months
New Generator:
Generator Start-Up and Testing: 2 Months
Final State/Local Inspections, Permits, and
Reimbursement Request: 6 Months
Final Inspection/Closeout: 6 Months
Total Period of Performance: 33 Months
BUDGET:
Funding Summary
Federal Share: $75,930.00 (75%) 00
Local Share: $25,310.00 (25%)
Total Project Cost: $ 101,240.00 (100%)
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Line Item Budget*
Project Cost Federal Share Local Share
Materials and Equipment: $35,000.00 $26,250.00 $8,750.00
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Labor and Installation: $16,000.00 $12,000.00 $4,000.00
Permitting and Fees: $2,500.00 $1,875.00 $625.00
Site Preparation: $4,500.00 $3,375.00 $1,125.00
Architectural: $11,000.00 $8,250.00 $2,750.00
Structural: $4,900.00 $3,675.00 $1,225.00
Project Management: $19,240.00 $14,430.00 $4,810.00
Construction Trade Expenses: $8,100.00 $6,075.00 $2,025.00
Total: $ 101,240.00 $ 75,930.00 $ 25,310.00
*Any line item amount in this Budget may be increased or decreased 10% or less with the Division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
This is FEMA project number PDMC-PJ-04-FL-2018-014. The Period of Performance (POP)for this
project shall end on April 1, 2022.
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F.14.a
Attachment B
Program Statutes and Regulations
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The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement.
In addition to the above statutes and regulations, the Sub-recipient must comply with the
following:
The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A(Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient
shall comply with any and all applicable codes and standards in performing work funded under this
Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Sub-recipient and
any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and
any development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land
use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall
be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
The Sub-recipient will provide and maintain competent and adequate engineering supervision at
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the construction site to ensure that the completed work conforms with the approved plans and
specifications and will furnish progress reports and such other information to HMGP as may be required.
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If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property shall record in the public records of the county where it is located the
following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or
from which a structure will be removed pursuant to the project.
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
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F.14.a
(2) No new structure will be erected on property other than:
a. a public facility that is open on all sides and functionally related to a designed open
space;
b. a restroom; or
3
(3) A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
(4) After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
(5) If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44 CFR 206.438(b).
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The National Environmental Policy Act(NEPA)stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of Work (SOW)shall be reviewed by all State and Federal agencies
participating in the NEPA process.
As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
(1) For Construction projects, the grantee must"obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13(c));
(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the
budget implications; and
(3) The Sub-recipient must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion,
or favorable conditions allowing lower cost or earlier completion. Any extensions of the
period of performance must be submitted to FEMA sixty days prior to the project
expiration date.
The Sub-recipient assures that it will comply with the following statutes and regulations to the
extent applicable:
(1) 53 Federal Register 8034 Iq
(2) Federal Acquisition Regulations 31.2
(3) Section 1352, Title 31, US Code 00
(4) Chapter 473, Florida Statutes
(5) Chapter 215, Florida Statutes
(6) Section 768.28, Florida Statutes
(7) Chapter 119, Florida Statutes
(8) Section 216.181(6), Florida Statutes
(9) Cash Management Improvement Act of 1990
(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act
(13) Section 286.011, Florida Statutes
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F.14.a
(14) 2 CFR, Part 200— Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(18) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(19) Victims of Crime Act(as appropriate)
(20) Section 504 of the Rehabilitation Act of 1973, as amended
(21) Subtitle A, Title I I of the Americans with Disabilities Act (ADA) (1990)
(22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part 39
(23) 42 U.S.C. 5154a
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Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management(DEM), including all understandings and assurances contained in it,
and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, t3
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Sub-recipient or its designees or agents, no member of the governing body of g,
the locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient
for eligible contract work completed prior to the date the notice of suspension of funding was E
received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under this Agreement
unless previously approved in writing by the Division. All Sub-recipient contracts shall contain
provisions for termination for cause or convenience and shall provide for the method of payment
in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., 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; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least 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.
(f) It will comply with
00
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant N
thereto, which provides that no person in the United States shall on the grounds 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 received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon 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
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F.14.a
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101-6107)which prohibits discrimination on the 3
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) 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;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, t3
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 112.3135, Florida Statutes;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for"kickbacks" of wages in federally financed or assisted construction
activities; M
(i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding 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 M
any area having special flood hazards. The phrase "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;
For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm
(k) It will require every building or facility(other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19.6 Iq
for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub-
recipient will be responsible for conducting inspections to ensure compliance with these 00
specifications by the contractor;
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(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR, Section 800.8) by the proposed activity; and
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(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation 3
Office, the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)"which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800.
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(4) When any of the Sub-recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency
Management Agency (FEMA) may require the Sub-recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO)and suggest
methods of repair or construction that will conform with the recommended approaches
set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register t3
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Sub-recipient
agrees to participate in consultations to develop, and after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites, and the salvage, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks)except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Sub-recipient on any
feasible steps to be accomplished to avoid any National Register eligible archeological
property or will make recommendations for the development of a treatment plan for the
recovery or archeological data from the property.
If the Sub-recipient is unable to avoid the archeological property, develop, in consultation
with SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Sub-recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Sub-recipient to implement the treatment plan. If either the Council or the
SHPO object, Sub-recipient shall not proceed with the project until the objection is
resolved.
(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a)of any
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changes in the approved scope of work for a National Register eligible or listed property;
(b)of all changes to a project that may result in a supplemental DSR or modify a HMGP N
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub-
recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Sub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all
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F.14.a
reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will
require, and the Sub-recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the property.
3
(7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements of the
PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a
historic property, or having the legal power to prevent it, allowed such significant adverse
effect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-
1683 and 1685-1686)which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; M
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; M
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(p) It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C. 4821 et seq.)which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of M
race, color or national origin;
3
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
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(y) It will comply with environmental standards which may be prescribed pursuant to the National s
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
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(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice); t3
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
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(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Sub-
recipient and its demolition contractor have sufficient manpower and equipment to E
comply with the obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in the 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 County Health
Department.
(4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Sub-recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
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(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the 00
contractor's work.
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(8) Obtain all required permits.
(9) 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.
Provide documentation of closures.
(10) 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(Public Law 94-163).
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(11) Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act(42 U.S.C. 1857h), Section 508 of the Clean Water Act(33
U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts.
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(12) Provide documentation of public notices for demolition activities.
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Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
SUB-RECIPIENT: Monroe County BOCC
REMIT ADDRESS: 1205 Fourth Street
CITY: Key West STATE: Florida ZIP CODE: 33050
PROJECT TYPE: PROJECT#: PDMC2018-014
PROGRAM: CONTRACT#: B0062
APPROVED BUDGET: FEDERAL SHARE: MATCH:
ADVANCED RECEIVED: N/A AMOUNT: SETTLED?
a
Invoice Period: To Payment#:
Eligible Amount Obligated Federal Obligated Non- Division Use OnlyLL
100/o Amount Federal
(Current Request) % _% Approved Comments
TOTAL CURRENT REQUEST: $
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.
SUB-RECIPIENT SIGNATURE:
NAME/TITLE: DATE:
TO BE COMPLETED BY THE DIVISION Iq
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00
APPROVED PROJECT TOTAL $
CD
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GOVERNOR'S AUTHORIZED REPRESENTATIVE
ADMINISTRATIVE COST $
APPROVED FOR PAYMENT $
DATE E
44
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F.14.a
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MTIGATION ASSISTANCE PROGRAM
SUB-RECIPIENT: Monroe County BOCC PAYMENT#:
PROJECT TYPE: PROJECT#: PDMC2018-014
PROGRAM: CONTRACT#: B0062
REF NO2 DATE DOCUMENTATION 4 (Check) ELIGIBLE
AMOUNT COSTS
100%
1
2
a
3 .�
4
cm
6
3
7
cas
8
0
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9
00
cv
This payment represents % completion of the project. TOTAL
2 Recipient's internal reference number(e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule )
3 Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor) by category(Materials, Labor, Fees) and line item in the approved project line
item budget. Provide a brief description of the articles or services. List service dates per each invoice.
45
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F.14.a
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT: Monroe County BOCC
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of$ is requested. Balance of payments o
will be made on a reimbursement basis. These funds are needed to pay
staff, award benefits to clients, duplicate forms and purchase start-up
supplies and equipment. We would not be able to operate the program
without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100%of your expected needs for 90 days.
Submit Attachment D with the cost share breakdown along with Attachment E and all supporting
documentation.
a
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three
(list applicable line items) Months of Contract
For example °8
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the
need for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety(90) days of the contract term. Support
documentation should include quotes for purchases, delivery timelines, salary and expense
projections, etc. to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety(90) days of the contract term. Any advance funds not 00
Ir-
CD
expended within the first ninety(90) days of the contract term as evidenced by copies of invoices N
and cancelled checks as required by the Budget and Scope of work showing 100%of
expenditures for the 90 day period shall 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.
46
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F.14.a
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
Instructions: Complete and submit this form to the appropriate Project Manager within 15 days of each
quarter's end date.
SUB-RECIPIENT: Monroe County BOCC PROJECT#: C® J-04- L-201 -014
PROJECT TYPE: CONTRACT#: B0062
PROGRAM: QUARTER ENDING:
Advance Payment Information:
Advance Received ❑ N/A❑ Amount: $ Advance Settled?Yes ❑ No❑
Provide reimbursement Projections for this project(projections may change):
Jul-Sep 20® $ Oct-Dec 20® $ Jan-Mar 20_ $ Apr-Jun 20® $ a`s
Target Dates:
a
Contract Initiation Date: Contract Expiration Date:
Estimated Project Completion Date:
Project Proceeding on Schedule? ❑ Yes ❑ No (If No,please describe underIssues below)
Percentage of Work Completed (may be confirmed by state inspectors):
Describe Milestones achieved during this quarter:
Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates)
Milestone Date
3
Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost:
Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget LL
Additional Comments/Elaboration:
NOTE: Division of Emergency Management(DEM)staff may perform interim inspections and/or audits at any time.
Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated 00
T_
overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, CD
otherwise you may be found non-compliant with your sub grant award. P3
Person Completing Form: Phone:
To be completed by Division staff
Date Reviewed: Reviewer.'
Actions:
47
Packet Pg.454
F.14.a
Attachment G
Warranties and Representations
3
Financial Management
C
The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302.
CD
0
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2
C
C.F.R. §§200.317 through 200.326).
Business Hours
The Sub-Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from: 8:00 AM -5:00 PM, Monday Thru Friday, as
applicable.
Licensing and Permitting
C
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and E
permits required for all of the particular work for which they are hired by the Sub-Recipient.
C
3
00
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C
0
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Packet Pg.455
F.14.a
Attachment H
Certification Regarding
Debarment Suspension,Ineligibility �
And Voluntary Exclusion
0
Subcontractor Covered Transactions
(1) The prospective subcontractor,
of the Sub-Recipient certifies, by submission of this document, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
(2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR
By: Monroe County BOCC
Signature Sub-Recipient's Name E
B0062
Name and Title DEM Contract Number
PDMC-PJ-04-FL-2018-014
Street Address FEMA Project Number
City, State, Zip
3
Date
Iq
00
N
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Packet Pg.456
F.14.a
Attachment I
Federal Funding Accountability and Transparency Act
Instructions and Worksheet
3
PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26,
2006. The intent of this legislation is to empower every American with the ability to hold the government
accountable for each spending decision. The FFATA legislation requires information on federal awards (federal
assistance and expenditures) be made available to the public via a single, searchable website, which is
rItttlD//uvWW,LJSaslaoir)(.Jiir)g,gov/.
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).
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 should be filled
out, signed, and returned to the project manager.
a
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub-award
(Agreement)that obligates $25,000 or more in federal funds as described above. Please provide the
following information and return the signed form to the Division as requested.
PROJECT#: :III::/II1,1 ...II: ...04,..I::IL.....2018 014
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $ "75,93000 �
OBLIGATION/ACTION DATE: 8/26/2019
SUBAWARD DATE (if applicable):
DUNS#: 073877675
DUNS#+4:
Iq
00
N
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Packet Pg.457
F.14.a
*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form The process to request a
DUNS number takes about ten minutes and is free of charge.
3
BUSINESS NAME:
DBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS: g
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4**
PARENT COMPANY DUNS#(if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT (Up to 4000 Characters)
The purpose of this Scope of Work (SOW) is to upgrade a generator from 125kW to 150kW, which will
provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This
project is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the
Florida Division of Emergency Management(Division) and the Federal Emergency Management
Agency (FEMA).
The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work
as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-
Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations, and Codes.
3
Verify the approved project description above, if there is any discrepancy, please contact the project manager.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
Iq
ADDRESS LINE 3:
CITY STATE ZIP CODE+4** 00
N
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION: E
51
Packet Pg.458
F.14.a
1. In your business or organization's previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)subject to the
Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues
from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans,
grants, subgrants, and/or cooperative agreements, etc.)subject to the Transparency Act?
Yes ❑ No ❑
If the answer to Question 1 is "Yes,"continue to Question 2. If the answer to Question 1 is "No", move
to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes ❑ No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the certification M
and submittal process. [Note: Securities Exchange Commission information should be accessible at
http//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" appearing
below to report the "Total Compensation" for the five(5) most highly compensated "Executives", in
rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR
Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most
recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized15
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 cis
Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and
are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial Iq
Ir-
pension plans.
00
V. Above-market earnings on deferred compensation which is not tax-qualified.
CD
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property)for the executive exceeds $10,000.
52
Packet Pg.459
F.14.a
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion )
Rank Total Compensation
(Highest to Name for Most Recently
Lowest) Last, First, MI Title Completed Fiscal Year
1
2
LM
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE:
DATE:
3
00
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Packet Pg.460
F.14.a
Attachment J
Mandatory Contract Provisions
Provisions:
3
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions.
0
a
3
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F.14.a
The Division provides the following list of sample provisions that may be required:
OMB GUdWze Pt 0, Apy p. III
ay Dawl Rat°ua;m Act k,. a1"r1ul 1,l NO USX. rmatorla s iilllY ,u,t I„{ ordinartly Ayr tll,abla on
f l 11 4NY Whom r•rbqm a.1 by I'r:l ndot psraal,aom I dry? opb n Inwt rl or mnkwk for tar:fan yor. �
log V utlam ally p+w MO V analI rani tIun a uneraacts I ntjon or of lmteiil yens o.
ni ers¢.pm nT aka'o awarwd9 by rno lyr,,alr&I W I104 to fanvenhonm dulalor l:Imin a
ontl l to Y nu bt Inc udlo a p o l f rn for(m mpH Contact tl"ac :or rvMi gb"oVbl"V7en . If the Fod mL award
s co ,,w1t::lh Me I:paw I, llbaconr Act 0,10 tl r;&.C.. hclu ats I hia defln1l Iran Of"nr iin°,a raarinent" �
111 rPIC and 2HG r11slp az mpommanted by under 17 :;F'R as 1ra1 2 0a y and. the roclpla n1 or t9
Iaapaxtixr,onN oH' 'L.ap.xor rogrrull.ations q29 C",PI" subrociptont wtslum, to anhtil!r Into a carulr,act
5. "Lal or, Sl,and.ards rug:rli- wr1;h as small Wm maw Dom or nonp+rcmD .2
uatio to (..eunkrnu11,s,, &ovar•in,, Nyrau".derally 1?1 IltarrUhlon Ia„epoyaallnNy t:ho saibstllullorl of Fa;r.. qr$
nan w l and A,.,dMad Ccrorr.MUC l larm'% I,iI tau I Ies. nsslp,nrrrlwt or preriorm,,.,lace o P" oxpcml... 2
&dalapanco With Ile, ;tatute. cone raclars inimt rr@Irtaah aduasyu h')par'ienIa""all. ar' work
be roolarr!rorl to pay w,%�,osl t:a Vaatlrar:;n!I mW rmx rt,rn+dtlr that, fun dlnp, aCyreorrr ent.' the e Vrec pl:-- �
ebanocz at a rrM,Iwo mot ➢ub;.=;than the prrovxtftnrop drith or rsl,u oclpabent rnui.N-u°aarauahly w lIII Liao re �
Wages a;pe lHICKI. in a wasp ao 'JUIo.0 IwIral1LS,of.t"T Part 1,01, Ii1a;hN,y,Io In
rmraadr bya I ho socloil,lxy of I adbor. I:Iu ravillt Ion ven,tinns 'wl'aehd by Naanpu offl Y oo y,,anrral Ions �
co I'll lra"h, Iwust Oaay roorpr,rlroord to pay Wax�;xs and �rm,,!tl IhI In, s I'lumlr lfr:pxr Govern (D
Illot loss t all r"i1 cr, a vgpr,p[ lhr, mall lyodV Oral I�yqlellrt Grants. C.ontu.as t., and t,G+o,I,rnrlalir:ab
ornrf;lA mu r1 plmm a 4`IX➢pl„ty rat Me 4ralrrr�rnti I�rr^o� anus m v mg lemon l ina r^wlirlul t
'wafllnnr,wap"r, iN N,on"bllI"Gi rtIon1 2rGod by the Do Inons Issl.Aa;'.d lry tlhoa''«Pu.#➢9llna croon y. 6�
paxu.tment of labor in :wnh soUcHadon. The 10)lloa1r Air Ac (12 ll.&C..1,101 7G7'urp ' rlrtJ. t)
cl ra I,on Lo award a Contract 01, the lrednr,.i] Witar.° Gonlro] Ad,(�tl qb
M! usL to a unallltonlrud Upon no aawrbparawe Of pI 3( 1 a wl 1207),as anionrd+:xrH l aneu�ad�I an�l. �
the wa.at!'dlon d.eta11n1unbatlon. The non Federal rlau ,ruby ra,ats r::,1 alrlounls In excess Tall' SITA E, �
Mw nr 1rA rrbprart+ .all suspa^ote d or reported im ust u,9antaIn a pnr°ovt:I;on (tat requires u.ires the
'11fra oniis to traal� tr�rnustyoat o,le.In hr9b ;"a Cpbla�rllnwn ia�6AY l7odaprpalllralYmbl�I�,Itandar s.Lo od"1�r'^'�NlarI4R71h1r,I,p'Id '�ortdlh,
r rogWa. �r
for a�arVr;psVl rmrea w-n,lh the Cop olamal "AIrt,i- I bons I,.i,r d pwsmnL TO Me &."Nava. AW Act ^�
Kkkbwlt" .4d 010 llSXV ,tAM. as a,rrpolx 02 UA CJ.. 101 MEW mKI oe r9,udrau 1al pM'a r,r s
iort+-,ul by DobpartImont of labor r°:w,dnrinhons lyra.LluMrm f:,armtrol Ark an rarrrx rI dad b:I3 1100
0 ar$
$,2 C717TZ, Part ;It, "C"rcwml::I,ar t gun :aml Suk 1251.. 127 n 'u'polatWnrs rmur t be reprarsl twa to the �
adrnlrracbar,w ont Pul LIc I,xulldIrnrg or 1'rat&lic FedaraL aPa«w'arwdinp� ag:wm ..y'• ainal the i @k41onial U-
"ap ork h inanuai In Whole or°In Part by Loaias ttlflfoo of the Iln%,n,onrnw1 al iyrotec lonr, �
ral trralrta, Nronr thin TJnll,o¢l` taatos"r I9r r Act ,"poni yr II•lh°,rhr r-
p+1 ov1+d ra, I haN earch aeon raad Naar or sub III) Nl anadaN o y standarls and pchcIes re-
ra rpri ,nt rniust bo pirollt1401 heir Indrua ng, laarn�; to «rriu�.arR;.d eflPlcli�ncyr whin tr are con, py
ltrr parry nue,.,I�,ns. any person wnprloyadrl In oe taIned in the sla,Le ener v con aa1 tI n pl,'%n qs
construction,rN rLuction, a nlple tIon„ or reprat,l oflaiNIC tissuod Ilu cormp an4'o With the Enor?Zy I'oha y �
avorla. 10 Zve rep my patt of tho ionl:ponsa- and Con abrvtal-IonAct (42 11.& 6201-
tionr to�w hI,chu h e o a I Y,otiharwuraw +ntll-10 d. III Ir0 loa,rrmarruh amid Suspon lon q,�fitl�x�or u lwwdu �
110 mdm"Fe:l rrat aoRILY nuui t report a l S,rrr. Orders, IZ-7,It anid 1,26,99I A contract avv:ard �
pocLeul or, rG pined vio:ahroils, to 1,he 1-lo eral ya^oa°I F11 IK.1.220':u nn,i.u,t not luob mindoo to par.. �
awala9rmgapncy. hra,,h, Vr",tod. on 1,N4;wrrwablllrmo«nrrNra=trlob 1.11c blood (ry
(17ll Contract Work 111mrs am l u':hA y JAM es U°rd,Ms torn In Me r,t'.gr ern fa'aur°A°rwnd �
d,tw.anudalrll, Act 0,40 d.i.,aU. .t"hall where Tfarr.ryfw"+1nnent IlSAVI). In iao:ordaillce with the �
,.a.psprlt:lallo,ail t yy l Iao Iaorr, 0PwE11,4"rrtrla ltn s at 2 CPR 180 Lha`t Iin1P]0 I'll On t
ar$
Fodwal, ontrly in aaxu,,rn af Uplfll,C1&yap Mat Imii Ilaxecat vo Ordors L2519 (3 C"RR Pa,11 Id�ffI �
Volvo Iho QInpa.Vo,;u'rmuom(,r�,:Y" or l'.,ibo - lwolnp_ pn 1,W)j and. 126P9 (2 & 1'1Z Part 1999 �
on lrrrb L McImb a, pl um mru for a:ompallams C r.:rW pa I?`Z l a olu w rrlsuall l aIW ~9uua•paaalswm- �
VMlth,lf)I.1` C..,l^(I Ian i 31l the I"x€a,trrudrud PaAWm IML r y mm in ` NI �
Vv Ipeparl ryient oT d algar, (N CPR contains the rarnes of partlas :1ebal"l- dl. ,trS-
P al t 54 Uncl ar"40 plh.ri...2702 Oaf Me Act eaiYrchl p ernr"l rr'i.or of herw ;o excluded try"agencies.4.as �
conl rra;2tor must bo tube utr9d to cormprldr the wor ::I as pantos wdncl a!ro d Innbp�b:le und.or"clads- tBg
Wages of ay"rrabr;;r nru:r4'Ira"r nc and labwmr on Me nwrya"W" rWwat ry Paurthdwrlty nt,N1w than Ml.. �
lams of n sondaral work awo ola ali O Ihouam drenrt l xro t7Mof V Mfj. (D
'u'W ua k W on ns of the WaKwA wawxt week I s, IJI I Byrd nil.] i of bylm,,_�,, Annomudruu nt (31.
purr Inrl l o ov :°�:I t:°�r1� less than::rI :a oln Y33 t 1 322 . d ullrl r,Y t I uar � that .ip ply or bid. �O,�I� u aw I,llaadl 111a1 N Iwy Worker I I,a o
p,>�Ir�alair;p an awuall saY a1r AN w mwrn mr.ur;N,KW nr, U-
h.aH gimps MY lamc ra A of pay Tor al ho um requ"a d corlifl:mun RwVh rf; " cortaiNs to 'G
Worked In adxCNIS Of 40 hours in Me work. the tladi ala,rve I llatr It will, not grid has not qy
Week. reolaruucarn:entS rr1 40'ld.SX.27W are used Fedora] appropriated Cuunds In prly any U-
sa,pspril:Irdro to conr.NrrucN],cnii wixrl and provide pnason or a!rgan;lz.arf;lon for In:dlurobi in;or at,.. �
thia,L no I a0,rter or rmechanld" nuist lu:w re I fflllprrllll; 1x.r 111fiulNr,CC am officer,oY.,cnlpaldr.yae �
qured Go ��work In uir°rournodin� r o urratlarl of Irrya uxr��¢rs:y almurmloada of Congress. offlaayr s
cond,ItInnis which ar:b� nnsamltnrr, or a-inrp oye;I al ."o r.w+sro ss. car ,,a;m r,,mr.pld:ayoP lad ar, 00
h.anm dour nr olanyg u raar.v °'I'hr= owwi:;NuulrPrnwv1N ralrlrahaar of Congr oss In ronmoa',:idrni voth ON �
d,o not apply to the pninll.aws o "ppVlas or ha:Ln9mg any p"NIeral t.mrllaa°tl. guamh or any 04
:195, a
CL
as
F
rs
55
Packet Pg.462
Pt. 200, App. 11111 2 IFIR Ch. III 0-1-11A EdIflon)
anti har award covnW by M U3A JM2. E,ach, 111i Spon"i'Ored rl�:Sxeorclt lnoarll,s al] rommmill
Upy nlust ahx) ll &n,�, kpbbying, M(Jr anli dovolopnlenit acllvltles Lhaill arle spon.
non Federal bands that Ukes place In con- scrod by Fedual amd mos Fad anal a ndes
llo,ctlon xi,th obtaining any Foleml arw ard. and nrganizatlans-l bgrin
Sla,,h disclosk2ros ,&n forw",cl-d"'d froln 11j'l Lo tees m,;o1villff the trarnt�rig of lndlvldual:�; in
laser up to the now luderal awmA losearcli tochnlqk Ic<prninonly called re.
K) Selo UOU22 of SNRITIT tratilill w1lorr"'!mAl activitip's
tN; �aniio, al;other rosonrch and dl.r-
YOTlinnnt as tivl.ttos and xlijerr- slmh ainfivi,-
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Packet Pg.463
F.14.b
AGREEMENT FOR ENHANCED HAZARD MITIGATION
MONROE COUNTY
GUIDANCE/CARE CENTER INC.
3
THIS AGREEMENT is made and entered this I Ph day of December, 2019 by and
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
a political subdivision of the State of Florida (hereafter "County"), whose address is 1100
Simonton Street, Key West, Florida, 33040, and GUIDANCE/CARE CENTER, INC., a Florida
Not For Profit Corporation (hereafter"Care Center"), whose address is 3301 Overseas Highway,
Marathon, Florida, 33050.
WHEREAS, Care Center has applied to the Florida Department of Emergency
�s
Management(FDEM) for a FEMA Pre-Disaster Mitigation (ADM) Grant; and
WHEREAS, FEMA awards PDM grant funds to State, U.S. Territory, and Federally
recognized tribal Applicants,who in-turn provide sub-awards to local government sub-applicants;
and
WHEREAS, individual homeowners, businesses, and private non-profits may apply for
funding through eligible local government sub-applicants; and
WHEREAS, the County, as an eligible local government sub-applicant, has applied for a
FDEM PDM grant on behalf of Care Center; and
i
WHEREAS, County and Care Center desire to set forth each parties' duties, rights and
obligations; U
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein,the parties agree as follows: W
1. AGREEMENT PERIOD. This agreement is for the period of December 11, 20I9
through April 1,2022.This agreement shall remain in effect for the stated period unless one party i
gives to the other written notification of termination pursuant to and in compliance with paragraphs
11 and 23 below.
2. AMOUNT OF AGREEMENT, PAYMENT AND PROCUREMENT PROCESS.
Payment for expenditures, to the extent provided for in this Agreement, permissible by law and E
County policies shall be made through reimbursement to Care Center, The County shall provide
an amount not to exceed$75,930.00 to Care Center.The County shall reimburse Care Center upon
presentation of Application for Payment Summary, invoices, canceled checks, before and after
Packet Pg.464
F.14.b
pictures, County Representative signature of inspection and other documentation necessary to
support a claim for reimbursement. Payment will be made after delivery and inspection by County
and upon submission of invoice and documentation acceptable to the Clerk of Courts.
Acceptability to the Clerk is based on generally accepted accounting principles and such laws,
rules and regulations as may govern the Clerk's disbursal of funds. It shall be necessary for the
Care Center to contact the County Emergency Management Department (Jeff Manning phone:
(305) 289-6325, e-mail: Manning-Jeff@monroecounty-fl.gov and to arrange for inspection upon
the completion of work for which Care Center seeks reimbursement. It shall be the responsibility g
of the project manager for Care Center to initiate the communication with the Monroe County
Social Services Division to facilitate the inspection of the work. The application for payment
document must be certified through a statement signed by an officer of the Care Center
organization and notarized, declaring that representations in the invoice are true and factual.
All work for which grant funds are to be expended must be completed by the stated
termination date of April 1, 2022 and all invoices pertaining to this project shall be submitted to
the Finance Department of Monroe County no later than September 30,2022 to be considered for
payment.
Procurement of all goods and services funded under this agreement shall comply with
Article 18 of Exhibit A and Monroe County Purchasing Policies and Procedures.
All initial costs associated with the procurement of the goods and services including, but
not limited to, design, purchase and installation of the Enhanced Mitigation Equipment shall be
paid by Care Center. Care Center shall be solely responsible for any and all costs for which
reimbursement is denied by the Clerk of Courts. Care Center shall be solely responsible for any
and all costs which exceed the sub-grant award amount of$75,930.00.
Upon the completion of installation and successful final inspection, the generator and all
associated equipment immediately becomes the property of Care Center, Thereafter, Care Center
shall be solely responsible for all maintenance, repair and warranty work.
�s
3. RECORDS AND REPORTS. Care Center shall keep such records as are necessary
to document the performance of the agreement and expenses as incurred, and give access to these W
records at the request of the County, the State of Florida, the Florida Department of Emergency Z
Management or authorized agents and representatives of said government bodies. Care Center
shall also provide such access to the personal Property and equipment purchased under this
agreement. It is the responsibility of Care Center to maintain appropriate records in accordance
with generally accepted accounting principles consistently applied to insure a proper accounting
of all funds and expenditures. Care Center understands that it shall be responsible for repayment
of any and all audit exceptions which are identified by the Auditor General for the State of Florida,
the Florida Department of Emergency Management, the Clerk of Court for Monroe County, the
Board of County Commissioners for Monroe County, or their agents and representatives. If an c
audit determines that monies paid to Care Center pursuant to this agreement were spent for
purposes not authorized by this agreement, Care Center shall repay the monies together with
Packet Pg.465
F.14.b
interest calculated pursuant to Sec. 55.03,F.S. running from the date the monies were paid to Care
Center.
4. PUBLIC ACCESS. The County and Care Center shall keep and maintain public
records, as defined by Chapter 119, Florida Statutes that are required to perform the services
required by the contract. Care Center upon request from the County's custodian of public records,
provide the County with a copy of the requested public records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed that provided in Chapter 119, g
Florida Statutes, or as otherwise provided by law. County shall ensure that public records that are
P
exempt or that are confidential and exempt from public record disclosure are not disclosed, except
as authorized by law for the duration of the contract term and following completion of this
Agreement if Care Center does not transfer the public recordsto the County. Upon completion of
this Agreement,Care Center shall transfer to the County at no cost,all public records in possession
of Care Center or; keep and maintain public records required by the County to perform the �s
Agreement services in accordance with the public records retention schedule set forth by the
Florida Department of State,Division of Library and Information Services, If Care Center transfers
all public records to the County upon completion of the Agreement, Care Center will destroy any
duplicate public records that are exempt or confidential and exempt. All records stored
electronically must be provided to the County, upon request of the County's custodian of public
records, in a format that is compatible with the information technology systems of the County. 2
a�
The County may unilaterally terminate this Agreement if Care Center refuses to allow access to
all public records made or maintained by Care Center in conjunction with this Agreement, unless
the records are exempt from section 24(a) of Art. I of the State Constitution and Chapter 119,
Florida Statutes.
S. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the W
terms of this agreement shall be only amended in writing, signed by the parties and approved by
the Board of County Commissioners for Monroe County. The terms,covenants,conditions,and
provisions of this agreement shall bind and inure to the benefit of the County and Care Center and W
their respective legal representatives, successors, and assigns.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, i
Care Center is an independent contractor. No statement contained in this agreement shall be
construed as to find Care Center or any of its officers, employees, contractors, servants or agents
to be employees of the Board of County Commissioners of Monroe County, and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
7. 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
Packet Pg.466
F.14.b
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.
8. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement,
Care Center shall abide by all statutes,ordinances, rules and regulations pertaining to or regulating
the provisions of this agreement, including those now in effect and hereafter adopted. Any
violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this
agreement and shall entitle the County to terminate this agreement immediately upon delivery of g
written notice of termination to Care Center.
9. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and Care Center 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.
a
10. 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 .2
any public agents or employees of the County, when performing their respective functions under
this agreement within the territorial limits of the County shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
11. TERMINATION FOR BREACH. The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take place W
immediately upon receipt of written notice of said termination. Any waiver of any breach of
covenants herein contained to be kept and performed by Care Center shall not be deemed or W
considered as a continuing waiver and shall not operate to bar or prevent the County from declaring z
a forfeiture for any succeeding breach either of the same conditions or of any other conditions.
Failure to provide County with certification of use of matching funds or matching in-kind services
at or above the rate of request for reimbursement or payment is a breach of agreement, for which
the County may terminate this agreement upon giving written notification of termination.
12. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements a
with respect to such subject matter between the Care Center and the County. e
Packet Pg.467
F.14.b
13. 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 madc and to be performed entirely in the state. This agreement is not
subject to arbitration. Mediation proceedings initiated and conducted pursuant to this agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this agreement,the County and Care Center agree that venue shall g
lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
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
�s
of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms,covenants,conditions and provisions of this
agreement would prevent the accomplishment of the original intent of this agreement. The County
and Care Center 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.
The County and Care Center agree that in the event any cause of action or administrative
a�
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, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings.
U
14. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and Care
Center 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 W
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 shall not be
subject to arbitration. i
15. 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 Care Center agree to participate, to the extent reasonably required by the other party,
in all proceedings, hearings, processes, meetings, and other activities related to the substance of E
this agreement or provision of the services under this agreement. County and Care Center
specifically agree that no party to this agreement shall be required to enter into any arbitration
proceedings related to this agreement.
Packet Pg.468
F.14.b
16. ETHICS CLAUSE: Care Center warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee in violation of Section 2 of
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate
this agreement without liability and may also, at its discretion, deduct from the agreement or
purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former or present County officer or employee. The County and Care D
Center warrant that, in respect to itself, it has neither employed nor retained any company or g
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, Care Center 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.
17. COVENANT OF NO INTEREST. County and Care Center 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.
18. 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, i
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
U
use of certain information.
19. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been W
placed on the convicted vendor list following a conviction for public entity crime may not submit Z
a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on
an agreement with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, sub-contractor, or consultant under an agreement with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list. By executing this document Westeare a
warrants that it is in compliance with this paragraph.
Packet Pg.469
F.14.b
20. AUTHORITY: Care Center warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the signatories
for Care Center below certifies and warrants that Care Center name in this agreement is the full
name as designated in its corporate charter (if a corporation); they are empowered to act and
contract for Care Center; and this agreement has been approved by the Board of Directors of Care
Center or other appropriate authority.
21. INSURANCE: Care Center agrees that it maintains in force at its own expense a g
liability insurance policy which will insure and indemnify Care Center and the County from any
suits, claims or actions brought by any person or persons and from all costs and expenses of
litigation brought against Care Center for such injuries to persons or damage to property occurring
during the agreement or thereafter that results from performance by Care Center of the obligations
�s
set forth in this agreement. At all times during the term of this agreement and for one year after
acceptance of the project, Care Center shall maintain on file with the County a certificate of the
insurance of the carriers showing that the aforesaid insurance policy is in effect. The following
coverages shall be provided:
a
A. Workers' Compensation insurance as required by Florida Statutes.
0
B. Commercial General Liability Insurance with minimum limits of $500,000
a�
Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be
$250,000 per Person $500,000 per occurrence$50,000 property damage.
C. Comprehensive Auto Liability Insurance with minimum limits of$300,000 combined
single limit per occurrence.
U
Florida Department of Emergency Management and the County shall be named as
additional insured,except workers'compensation. The policies shall provide no less than 30 days'
notice of cancellation, non-renewal or reduction of coverage. Care Center shall provide to the W
County, as satisfactory evidence of the required insurance, including the insurance policy
application and either:
i
• Original Certificate of Insurance, OR
• Certified copy of the actual insurance policy, OR
• Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk E
Management-Telephone Maria Slavik at(305)295-3178 for details(Certificates can be e-mai led
directly from the insurance agency to: Slavik-Maria@MonroeCounty-FL.Gov)
Packet Pg.470
F.14.b
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the
Clerk's office. The Insurance policy must state that the Monroe County BOCC and CCr'EMA Florida
Department of Emergency Management is the Certificate Holder and additional Insured for this
contract (certificate only for workers' compensation coverage). Insurance information should be
mailed to:
Monroe County Board of County Commissioners
c/o Risk Management g
P.O. Box 1026
Key West, FL 33041
22. HOLD HARMLESS/INDEMNIFICATION. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement, Care Center 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 Care Center or any of its employees,
agents, contractors or other invitees during the term of this Agreement, (B) the negligence or .2
willful misconduct of Care Center or any of its employees, agents, sub-contractors or other
invitees,or(C) Care Center 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 Care Center). Insofar
as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events w
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.
�s
Care Center shall immediately give notice to the County of any suit,claim or action brought
against Care Center that is related to the activity under this agreement, and will cooperate with the z
County in the investigation arising as a result of any suit,action or claim related to this agreement.
23. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed,postage prepaid,to the other party by certified mail,returned receipt
requested to the following:
For Care Center: Guidance/Care Center, Inc., A FL 501 c3 not for profit corporation
Attn: Maureen Dunleavy
3000 41 st Street Ocean
Marathon, FL 33050
Packet Pg.471
F.14.b
And
WestCare Foundation, Inc.
Attn: Exec VP
1711 Whitney Mesa Dr.
Henderson,NV. 89014
For County: Monroe County Emergency Management
Attn: Jeff Manning
490 63�a St Ocean Suite 150
Marathon, FL 33050
And
Monroe County Attorney's Office
1111 121h Street, Suite 408 2
Key West, Florida 33040 t?
24. CLAIMS FOR FEDERAL OR STATE AID. Care Center 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.
.2
a�
25. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES.
This agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual
and timely performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties U
of the County, except to the extent permitted by the Florida constitution, state statute, and case
law.
U
26. 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 i
County and agree that neither the County nor Care Center 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. E
Packet Pg.472
F.14.b
27. ATTESTATIONS. Care Center 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.
28. 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.
29. 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.
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30. SECTION HEADINGS. Section headings have been inserted in this agreement as
a matter of convenience of reference only,and it is agreed that such section headings are not a part
of this agreement and will not be used in the interpretation of any provision of this agreement.
0
31. FEDERAL CONTRACTING REQUIREMENTS. All of the terms and conditions
of the agreement between Monroe County and the State of Florida, Division of Emergency
Management dated ~ , 2017 are incorporated herein as if set out fully. All of the
requirements in said agreement applicable to "sub-recipient" shall apply to Care Center as if set 0
out fully herein. Said agreement between Monroe County and the State of Florida, Division of
Emergency Management dated , 2017 is attached hereto as Exhibit A,
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THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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F.14.b
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first written above in four(4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed and original contract.
3
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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BY________________ ________ _________ ____ _�. . By
Deputy .
Deputy Clerk Mayor/Chairman
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F.14.b
EXHIBIT A:
FEDERALLY FUNDED SUB—AWARD AND GRANT AGREEMENT
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F.14.b
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F.14.b
Agreement Number'. B0062
Project era
FEDERALLY-FUNDED
3
2 C.F. . §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 ag
subaward to a Sub-.Recipient to carry out part of a Federal program
As defined by 2 C.F R, §200,9 , "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. §20.38, "Federal award" means"Federal financial assistance that a non-
Federal e0ty receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C F.R. §20 . 2, "subaward" means an award provided by a pass-through entity to
32
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity"
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): g
2
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Sub-Recipient's name: onroe County ,.00C
Sub-Recipient's unique entity identifier: 59-6000749
Federal Award Identification Number(FAIN): F A 2019 PC 001 i
Federal Award Date! Augiust26, 2019
Subaward Period of Performance Start and End Date Upon Execution 4/112022 W
Amount of Federal Funds Obligated by this Agreement, $75,93000
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $7 30 00 U
Total Amount of the Federal Award committed to the Sub " - -- ` � U
Recipienty the p rough entity §75,930 00 z
Federal awardproject description (see FFATAj:
p J Generators for Critical Facilities
Name of Federal awarding agency: FEMA i
Florida Division of Emergency
Name of pass-through entity: M agement ,m
p g y Robert Collins, Project Manager Contact information for the pass-through entity: Rc�b
., . ,m .... .... .... ...
Catalog of Federal Domestic Assistance (CDA) Number and
Name: 97047
Whether the award is R&D; /A
Indirect coast rate for the Federal award: NIA
Packet Pg.478
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
Board of County Commissioners, (hereinafter referred to as the"Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub,Recipient serves as the recipient of a subaward
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds .2
to provide the services identified herein,, 2M
B. The State of Florida received these grant funds from the Federal government, and the 2
Division has the authority to subgFant 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. M
THEREFORE, the Division and the Sub-Recipient agree to the following,
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2
2 C F.R §200 302 provides -Each state must expend and account for the Federal award
in accordance w1h 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
2
assistance", applies to this Agreement. >
(2) LAWS RULES REGULATIONS AND POLICIES
0
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 W
Awards." z
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b. As required by Section 215 971(1), Florida Statutes, this Agreement includes: W
i A provision specifying a scope of work that clearly establlishes the tasks that
the Sub-Recipient is required to perform. W
ii A provision dividing the agreement into quantifiable units of deliverables that z
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
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and the criteria for evaluating the successful completion of each deliverable. 0
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iii A provision specifying the financial consequences that apply if the Sub- 0
2
Recipient fails to perform the minimum level of service required by the agreement.
rv. A provision specifying that the Sub-Recipient may expend funds only for
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allowable costs re!nulfing 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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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 SubRecipient and the Division shall be governed by
�Lll applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
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
.2
(3) CONTACT
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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,
6 Review and document all deliverables for which the Sub-Recipient requests
payment.
b The Division's Grant Manager for this Agreement is,
Robert Collins, Project Manager
FI Division of Emergency Management 2
2555 Shumard Oak BoWevard
Tallahassee, Florida 32399
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Telephone: 850-815-4552
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c. The name and address of the Representative of the Sub-Recipient responsible for
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the administration of this Agreement is.- U
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Mr, Jeffrey Manning, Senior Planner
Monroe County Board of County Commissioners
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490 63rd St. Ocean, Suite 150 U
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Marathon, Florida 33050
Telephone: 305-289-6325
Email: Manning-Jeff@MonroeCounty-FL Gov W
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d. In the event that different representatives or addresses are designated by either party z
0
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
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(4) &ND CONU11JONS
...............................................................-
This Agreement a,,,,ontairis all the terms and conditions agreed upon by the parties
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original,
(6) MODIFICATION
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 2M
the original of this Agreement 2
(7) SCOPE OF WORK
The Sub-Recipient shalt perform the work in accordance with the Budget and Scope of
Work, Attachment A of this Agreement
(8) EERIQQ OF AGREEMENT
This Agreement shah begin upon execution by both parties and shall end on April 1,
2022, 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
.2
of agreement" refers to the time during which the Sub-Recipient"may incur new obligations to carry out 2
the work authorized under" this Agreement In accordance with 2 C.F.R. §200 309, the Sub-Recipient
may receive reimbursement under this Agreement only for"allowable costs incurred during the period of
0
performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend
funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during" W
the period of agreement. Z
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(9) EUNDING W
a. This is a cost,reimbursement Agreement, subject to the availability of funds.
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b. The State of Florida's performance and obligation to pay under this Agreement is U
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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, M
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c. The Division will reimburse the Sub-Recipient orij.y for a'i,owable costs incurred by the W
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Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount W
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for each deliverable is outimed in Attachment A of this Agreement("Budget and Scope of Work"). The 0
maximum reimbursement amount for the entirety of this Agreement is 75,930.00.
d. As required by 2 C.F.R. §200,415(a), any request for payment under this Agreement E
must include a certification, signed by an official who is authorized to legailly bind the Sub-Recipient,
whiich 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
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fame, fictitious, or fraudulent Mormation, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U,S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A,
that clearly delineates:
I The required minimum acceptable level of service to be performed-, and,
.2
4 The criteria for evaluating the successful completion of each deliverable.
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f. The performance measure required by section 215 971(1)(b), Florida Statutes,
remains consistent with the requirement for a"performance goal", which is defined in 2 C.F.R. §200.76 as
a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.
§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. §200,430 ("Compensation—personal
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits") If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient worK or other simflar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit 2 C.F.R. §200.431(a) defines
0
fringe benefits as"allowances and services provided byemployers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as W
the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an Z
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established policy of the Sub-Recipient 2 C F R. §200 431(b) provides that the cost of fringe benefits in U
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the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave, sick leave, holidays,, court leave, military leave, W
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administrative leave, and other similar benefits, are allowable if all ofthe following criteria are met: Z
1. They are provided under established written leave policies;
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ii. The costs are equitably allocated to all related activities, including Federal 0 1
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awards; and, 0
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iii. The accounting basis (cash or accrual) selected for costing each type of Z
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leave is consistently followed by the non-Federal entity or specified grouping of employees. 2
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
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Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474, As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated In section 11 2,061(6)(b),
Xm
Packet Pg.482
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy: and,
H. Participation of the individual in the travel is necessary to the Federal award.
i, The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient. 2M
j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount(including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements-, and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper,
2
(10)REg 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,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are W
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right Z
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of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of UW
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. W
b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of Z
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
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right of access to any documents, financial statements, papers, or other records of the Sub-Recipient 0 1
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which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. 0
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The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the 0
purpose of interview and discussion related to such documents. 2
c. As required by Florida Department of State's record retention requirements (Chapter
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119, Florida Statutes)and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid ftorn ffmds under this Agreement, for a period of five (5) fiscal years from the date of
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completion of grant cycle or project The following are the only exceptions to the five (5) year
requirement:
L If any litigation, claim, or audit is started before the expiration oft e 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.
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11. When the Division or the Sub,Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect C
.2
costs, or pass-through entity to extend the retention period.
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iiia Records for real property and equipment acquired with Federal funds must
2
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding C
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
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a requirement, the retention period forte records pertaining to the earning of the program income starts 2
from the end of the non-Federal entity's fiscal year in which the program income is earned
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
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applies to the following types of documents and their supporting records: indirect cost rate computations U)
.5
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 charge back rates or composite fringe
0
benefit rates). 2
d In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
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transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that Z
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the records possess long-term retention value. U
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a. 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 W
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are submitted, then the Division must not require more than an original and two copies When original Z
records are electronic and cannot be altered, there is no need to create and retain paper copies When
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original records are paper, electronic versions may be substituted through the use of duplication or other a
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forms of electronic media provided that they are subject to periodic quality control reviews, provide 0
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reasonable safeguards against alteration, and remain readable. Z
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f, As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
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to safeguard protected personally identifiable information and other information the Federal awarding 0
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agency or the Division designates as sensitive or the Sub-Redpient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
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basic requirements'. (1) meetings of pub1c boards or, commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity,, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties, If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment 2M
2
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shai'l be public records, available to the 2
public in accordance with Chapter 119, Florida Statutes. 0
h. Florida's Public Records Law provides a right of access to the records of the state ;=1
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
2
from disclosure by the Legislature,, all materials made or received by a governmental agency (or a private >
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection 0
2
The mere receipt of public funds by a private entity, standing alone is insufficient to bring that entity WI
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within the ambit of the public record requirements. However, when a public entity delegates a public
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function to a private entity, the records generated by the private entity's performance of that duty become U
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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
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Public Records Law. U
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i The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement including
documentation of all program costs, in a form sufficient to determine compliance with the requirements W
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and objectives of the Budget and Scope of Work-Attachment A - and all other appt4oable laws and z
regulations 0 2
(1 1)AU DITS
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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 by2C.F.R
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1 Packet Pg.485
§200,49, GAAP has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit ofthe 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, ,A AS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, is are applicable to
financial audits
.2
6 If an audits ows that all or any portion of the funds disbursed were not spent in
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accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
2
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.
a. The Sub-Recipient shall have all audits completed by an independent auditor which
is defined in section 215.97(2)(i), Florida Statutes, as"'an independent certified public accountant licensed
under chapter 473 " The independent auditor shall state that the audit complied with the applicable
provisions noted above The audit must be received by the Division no later than nine months from the
end ofthe 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 ofthe Sub-Recipient to the Division at the following
address:
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DEMSingle—Audit@em.myflorida.com
OR W
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Office of the Inspector General W
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2555 Shumard Oak Boulevard W
Tallahassee, Florida 32399-2100
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g. The Sub-Recipient shall send the Single Audit reporting package and For SF-SAC U
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to the Federal Audit Clearinghouse by submission online at:
http-.//harvester.cenSLIS.gov/fac/collect/ddeindex.htmi M
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h. The Sub-Recipient shall send any management letter issued by the auditor to the W
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Division at the following address: W
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DEMSingle—Audit@em.myflorida.com 2
OR
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Off Ice of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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(1 2)R9PP9TS
a Consistent with 2 C F R, §200,328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement,, in addition to any other information requested by the Division.
b Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
rm
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31. 2M
c The close-out report is due 60 days after termination of this Agreement or 60 days
after comp8etion 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 withh6d further payments until they are gj
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 Scope of Work.
e The Sub-Recipient shall provide additional program updates or information that may
be requ. iced by the Division
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f The Sub-Recipient shall provide additional reports and information identified in
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Attachment F. >
(13)MONITORING,
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a. The Sub-Recipient shall monitor its performance under this Agreement, as well as 2
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that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to W
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being z
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accomplished within the specified time periods, and other performance goals are being achieved A U
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review shall be done for each function or activity in Attachment A to this Agreement, and reported in the
quarterly report. W
b. In addition to reviews of audits, monitoring procedures may include, but not be limited z
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
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Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is 0
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appropriate the Sub-Recipient agrees to comply with any additional instructions provided by the Division z
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to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate rm
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
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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.
Packet Pg.487
(14)LIABILITY
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 and, 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
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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. C
.2
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
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state agency or subdivision, as defined in section 768,28(2), Florida Statutes, agrees to be fully
2
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
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Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the C
.2
Division to make further payment of funds shall terminate and the Division has the option to exercise any 2
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
0
liable to make any further payment if,
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any W
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previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- W
U
Recipient fails to keep or perform any of the obhgatlons, terms or covenants in this Agreement or any W
W
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
W
meet its obligations under this Agreement; U
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b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term ofthis Agreement, and the Sub-Recipient fails to cure this adverse change within M
0
thirty days from the date written notice is sent by the Division, W
0
c, Any reports required by this Agreement have not been submitted to the Division or W
Z
have been submitted with incorrect, incomplete or insufficient information-, or, 0
2
d, The Sub-Recipient has failed to perform and complete on time any of its obligations 4i
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under this Agreement. E
(16)REMEDIES
If an Event of Default occurs then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more ofthe following remedies, either concurrently or consecutively:
Packet Pg.488
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3) herein;
b Begin an appropriate legal or equitable action to enforce performance of this
Agreement,
c Withhold or suspend payment of all or any part of a request for payment,
0
d. Require that the Sub,Recipient refund to the Division any monies used for ineligible
M
purposes under the laws, rules and regulations governing the use of these funds, 2M
e. Exercise any corrective or remedial actions, to include but not be limited to..
i Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
i1i Advise the Sub-Recipient to suspend, discontinue or refrain from incurring 2
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„
2
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 0
2
this Agreement or fails to insist on strict performance by the Sub Recipient, it will not affect, extend or W I
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waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by z
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the Division for any other default by the Sub-Recipient. U
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(17)TERMINATION
a, The Division may terminate this Agreement for cause after thirty days written notice. W
U
Cause can include misuse of funds, fraud, lack of compliance with applicable rules laws and regulations, z
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
M
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. a I
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b The Division may terminate this Agreement for convenience or when it determines, in 0
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its sote discretion that continuing the Agreement would not produce beneficial results in line with the 0
2
further expenditure of funds, by providing the Sub.Recipient with thirty calendar day's prior written notice.
c The parties may agree to terminate this Agreement for their mutual convenience
E
through a written amendment of this Agreement. The amendment wili state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreenient is terminated, the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
2
1 Packet Pg.489
notification of termination. The Sub-Recipient will cancel as any outstanding obligations as possible.
Costs incurred after receipt ofthe termination notice will be disallowed The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)PROCUREMENT
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C5 R
2M
§§200,318 through 200.326 as well as Appendix 11 to 2 C,F. Part 200 (entitled "Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited M
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price." M
c. As required by 2 C.F.R. §200 318(b),, 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 corn Hance with this requirement, the Sub-
.2
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors 2
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or 0
procurements by small purchase procedures pursuant to 2 C.F.R. §200-320(b), if the Sub-Recipient
W
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
Z
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen W
U
(15) days prior to the publication or communication of the solicitation, The Division shall review the W
solicitation and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent
W
with 2 C,F R §200.324, the Division will review the solicitation for compliance with the procurement U
Z
standards outlined in 2 C.F R. §§200.318 through 200.32 as well as Appendix 11 to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- M
a
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a W
0
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor W
Z
requirements or in the commodity or service specifications. The Division's review and comments shall not 0
2
constitute an approval of the solicitation. 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 E
any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible w4hin 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:
13
Packet Pg.490
1. Terminate this Agreement in accordance with the provisions outlined in
paragraph (117)above; and,
11, 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
0
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
M
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review the unexecuted contract and provide comments, if any, to the Sub--Recipient within three (3)
2
business days Consistent with 2 C.F.R. §200 324,, the Division will review the unexecuted contract for
comp�iance with the procurement standards outlined in 2 C.F.R. §§200 318 through 200.326 as well as
AppendiAx 11 to 2 C.F.R Part 200. Consistent with 2 C.F.R. §200,318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontracli, 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 2
subcontract The Division's review and comments shall not constitute an approval of the subcontract
Regardless of the Division's review, thf,,� Sub Recipient remains bound by a4 applicable laws, reguiations,
and agreement terms If during its review the Division identifies any deficiencies, then the Division shall
2
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
0
from the Division that the subcontract is non-compliant, then the Division may
i. Terminate this Agreement in accordance with the provisions outlined in
W
paragraph (17)above; and, z
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ii. Refuse to reimburse the Sub-Recipient for any costs associated with that U
W
subcontract.
f. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is
W
bound by the terms of this Agreement, (d U) the subcontractor is bound by all applicable state and federal z
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless
M
against all claims of whatever nature arising out of the subcontractor's performance of work under this 0
W
Agreement, to the extent allowed and required by law, 0
W
g As required by 2 C IF R §200 318(c)(1), the Sub-Recipient shall "maintain written z
0
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in 2
the selection award and administration of contracts
E
h. As required by 2 C IF R §200 319(a), the Sub-Recipient shall conduct any
procurement under this agreement"m a manner providing full and open competition:" Accordingly, the
Sub-Recipient shall not:
4
Packet Pg.491
i, Place unreasonable requirements on firms in order for them to qualify to do
busines%
it Require unnecessary experience or excessive bonding-
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
.2
V. Authorize, condone, or ignore organizational conflicts of interest'
M
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vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commocifty or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process" or,
ix. Allow a vendor to bid on a contract if that bidder was involved with 2
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
2
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.
0
j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i e
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes
W
k. The Sub-Recipient shall conduct any procurement involving requests for proposals Z
W
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(l)(b), U
W
Florida Statutes.
I. For each subcontract, the Sub-Recipient shall provide a written statement to the W
U
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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 M
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area 0 1
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0
firms"). W
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0
(19)ATTACHMENTS 2
a. All attachments tothis Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this E
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency,
Packet Pg.492
c. This Agreement has the following attachments,
i. Exhibit 1 ® Funding Sources
ii, Attachment A- Budget and Scope of Work
iii Attachment B- Program Statutes and Regulations
iv Attachment C- Statement of Assurances
v Attachment D- Request for Advance or Reimbursement
vi Attachment E Justification of Advance Payment
vii Attachment F Quarterly Report Form
viii Attachment G®Warranties and Representations 2M
ix Attachment H- Certification Regarding Debarment 2
X Attachment I - Federal Funding Accountability and Transparency Act
as
xi Attachment J -- Mandatory Contract Provisions
(20)PAYMENTS,
a Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account. If an advance payment is requested,, the budget data on which the request is based and
zi,,ustfficabon statement shall be included in this Agreement as Attachment E Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for prn�,essrng if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initilal advance, if any, payment shall be
0
made on a reimbursement basis as needed
b. Invoices shall be submitted at least quarterly and shall include the supporting
W
documentation for all costs of the project or services The fina'I invoice shall be submitted within sixty (60) z
W
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the U
W
W
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 W
c. If the necessary funds are not available to fund this Agreement as a result of action z
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b of this Agreement. ail obligations on the part of the Division
W
to make any further payment of funds shall terminate, and the Sub Recipient shall submit its closeout 0
W
report within thirty days of receiving notice from the Division z
0
2
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Packet Pg.493
(21)REPAYMENTS
& All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management", and mailed directly to the following
acldress�
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
.2
Tallahassee FL 32399-2100
2M
b. In accordance with Section 215.34(2),, Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5%
of the face amount of the returned check or draft, whichever is greater,
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Rec[pient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements ofthis 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
.2
Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement 2
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 0
for any actions arising out ofthis Agreement shall be in the Circuit Court of Leon County. If any provision
W
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
z
shall be null and void to the extent of the conflict, and shall be severe e, but shall not invalidate any other W
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provision of this Agreement. W
c. Any power of approval or disapproval granted to the Division under the terms of this
W
Agreement shall survive the term of this Agreement U
z
d. The Sub-Recipient agrees to comply w4h the Americans With Disabilities Act(Public
Law 10 1- 36, 42 U,S.C. Section 12101 which prohibits discrimination by public and private M
0 1
entities on the basis of disability in employment, public accommodations, transportation, State and local W
0
government services, and telecommunications. W
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e, Those who have been placed on the convicted vendor list following a conviction for a 0
2
public entity crime or on the discriminatMr 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 E
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
Packet Pg.494
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 is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals,
i Are not presently debarred, suspended, proposed for debarment, declared
inek,gible, or voluntarily excluded from covered transactions by a federal department or agency,
ii Have not, within a five-year period preceding this proposal been convicted of
.2
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or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
2
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,
I I i, Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(22) f, ii, of this certification; and,
IV Have not within a five-year period preceding this Agreement had one or more
public transa<Jions (federal, state or local)terminated for cause or default
g If the Sub-Recipient is unable to certify to any of the statements in this certification,
2
then the Sub Recipient shall attach an explanation to this Agreement.
h In addition, the Sub-Recipient all send tot Division (by email or by
0
facsimile transmission) the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment H)for each intended subcontractor which Sub-
W
Recipient plans to fund under this Agreement. The form must be received by the Division before Z
W
the Sub-Recipient enters into a contract with any subcontractor. U
W
i. The Dmsion 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
W
provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this UZ
Agreement
If the Sub-Recipient is allowed to temporarily invest any advances of funds under this a
W
Agreement any interest income shall either be returned to the Division or be applied against the 0
W
Division's obligation to pay the contract amount. Z
0
k. The State of Florida will not intentionally award publicly-funded contracts to any 2
4i
contractor who knowingly emproys unauthorized alien workers, constituting a violation of the employment
E
provisions contair",(ed iin 8 US C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
ca
('I A')] The DMsion shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the I Such violation by the Sub-Recipient of the employment provisions
18
I Packet Pg.495
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
1, All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost
(23)LOBBYING PROHIBITION
a. 2 C F,R, §200 450 prohibits reimbursement for costs associated with certain lobbying
.2
activities.
2M
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 may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub-Recipient cert4ies, by its signature tothis Agreement, that to the best of his
or her knowledge and ehet
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 oremployee of Congress, or an employee of
0
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 W
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or Z
W
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cooperative agreement. W
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 oremployee of any agency,, a W
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in Z
connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall M
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 0 1
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iii. The Sub-Recipient shall require that this certification be included in the 0
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award documents for all subawards (including subcontracts, sub rants, and contracts under grants, 0
2
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose
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.
Packet Pg.496
F.14.b
(2 ) Y IGT PATENT AND TRADEMARK
PROVIDEDEXCEPT AS , ANY AND ALL PATENT RIGHTSACCRUING
STATEUNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE tACCRUING UNDER
OR IN CONNECTION ITHIS AGREEMENT ARE HEREBY
SUB-RECIPIENTTRANSFERRED BY THE .
. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall g
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other coyritable _
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
of Florida
c. Within thirty days of execution of this Agreement. the Sub-Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to 0
any pre-existing intellectual property which is disclosed. Fa=„lure to&sclose 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 U
. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant
to section 100 . 3, Florida Statutes, any invention conceived exclusively by the employees of the Sub- t3
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is U
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 lnvent�ons. The Division shall retain a perpetual irrevocable, fully-
paid, nonexclusive ftense, for its use and the use of its contractors of any resulting patented copyrighted
i
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes.
(25)L.E.Q6L...AUTHORIZATION.. ..... .. ........ �
The Sub- eclip'ient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement
2ll
Packet Pg.497
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 §60-1 4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
.2
opportunity clause:
2M
2
During the performance ofthis contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race,, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include but not be limited to the following: M
employment, upgrading, demotion, or transfer, recruitment or recruitment 2
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 .2
provisions ofthis nondiscrimination clause, 2
ii. The contractor will, in all solicitations or advertise ens for
employees placed by or on behalf of the contractor, state that all 0
qualified applicants will receive considerations for employment without 2
regard to race, color, religion, sex, or national origin. W
W
iii. The contractor will send to each labor union or representative of z
W
workers with which he has a collective bargaining agreement or other U
contract or understanding, a notice to be provided advising the said labor W
W
union or workers' representatives of the contractor's commitments under <
this section, and shall post copies of the notice in conspicuous places U
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available to employees and applicants for employment U
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iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant M
orders ofthe Secretary of Labor. a
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V. The contractor will furnish all information and reports required by W
Executive Order 11246 of September 24, 1965, and by rules, z
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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
E
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
21
Packet Pg.498
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor,, or as otherwise provided by law
vii. The contractor will include the portion of the sentence C
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
C
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
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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,, mcluding sanctions for noncompliance7
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the adirnmistering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States C
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2
b The Sub-Recipierit further agrees that it will be bound by the above equal opportunity
clause with respect to its own empk.,)ym#-,?nt practices when it participates in federally assisted construction
C
work provided, that if the applicant so participating is a State of local government, the above equal
2
opportunity clause is not applicable to any agency, instrumentality or 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 2
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
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subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Z
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Secretary of Labor that it will furnish the administering agency and the Secretary of Labor such U
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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 contract or UZ
contract modification subject to Executive Order 11246 of September 24, 1965„ with a contractor
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debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted CD
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construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for 0
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violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Z
0
administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In
addition the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the C
0
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administering agency may take any or M of the following actions cancel, terminate, or suspend in whole
ca
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
22,
1 Packet Pg.499
assurance Of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
L 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. 2M
2
ii. Subcontracts, The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts,
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
III. Breach A breach of the contract clauses above may be grounds
for termination ofthe contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS 2
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 0
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
W
of Labor regulations (29 CFR Part 5) Under 40 U,S,C 3702 of the Act, each contractor must be required
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to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours, W
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Work in excess of the standard work week is permissible provided that the worker is compensated at a W
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
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in the work week The requirements of 40 U.S.C. 3704 are applicable to construction work and provide U
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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 M
0 1
or materials or articles ordinarily available on the open market, or contracts for transportation, W
0
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0
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT 2
4i
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
E
that exceeds$150,000, then any such contract must include the following provisiom
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant tothe Clean Air Act(42 U,S.C. 7401-7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S,C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
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Packet Pg. 500
(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions;
i, This contract is a covered transaction for purposes of 2 C.F.R
pt. 180 and 2 C. 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 CY R § 18 .940) or disqualified (defined at 2 C.F R § .2
180935).
2M
ii The contractor must comply with 2 CY R pt 180, subpart C and 2
2 C F R pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower her 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 6d not comply
with 2 C F R. pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension 2
and/or debarment
iv The bidder or proposer agrees to comply with the requirements
of 2 C F R. pt. 180, subpart C and 2 C F R pt 3000, subpart C while this
.2
offer is valid and throughout the period of any contract that may arise 2
from this offer The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions
0
i,31),BYRD ANT11OBBYING AMENDMENT 2
If the Sub-Recipient w with the funds authorized by this Agreement enters into a contract,
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then any such contract must include the following clause, W
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Byrd Anti-Lobbying Amendment, 31 U.S.0 § 1352 (as amended) W
Contractors who apply or bid for an award of$100,000 or more shall 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 W
organization for influencing or attempbrig to influence an officer or Z
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with M
obtaining any Federal contract, grant, or any other award covered by 31 0
U.S.C, § 1352 Each tier shall also disclose any lobbying with non® W
Federal funds that takes place in connection with obtaining any Federal 0
award Such disclosures are forwarded from tier to tier up to the Z
recipient 0
2
(32 CONTRACTING WITH SMALL AND MINORiTY BUSINESSES, W MEN'S BUSMESS
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E....N..T. .E.......R..........P.R.........I..S.........E........
S....... A.......N......D....... L A.B......0.R S URPLUS AREA FIMI ,
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. §20(Y321, the Sub-Recipient shall take the following
24,
1 Packet Pg. 501
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation listsi
ii. Assuring that smatl and minority businesses, and women's business
enterprises are solicited whenever they are potentW sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by smafl and minority businesses, and women's business
enterprises; 2M
2
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the all Business Administration and the Minority Business Development Agency of the Department of gj
Commerce-, and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the 2
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a, above, sometimes referred to as
socioeconom,,c contracting," does not impose an obligation to set aside either the solicitation or award of
2
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and >
document the six affirmative steps identified above.
c. The"socioeconomic contracting" requirement outlines the affirmative steps that the 0
2
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional W I
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steps to involves all and minority businesses and women's business enterprises.
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d. The requirement to divide total requirements, when economically feasible, into U
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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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smaller components in order to circumvent the micro-purchase orsmall purchase thresholds so as to UZ
utilize streamlined acquisition procedures (e,g. "project splitting").
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(33)ASSURANCES.
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The Sub-Recipient shall comply with any Statement of Assurances incorporated as 0
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Attachment C. Z
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2
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Packet Pg. 502
F.14.b
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
SUB-RECIPIENT:
Y
Name and Title �
.,mm _._ .... .
Date:
a®
STATE F FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
a
y:
Name and Title Jared Moskowitz, Director T
a®
Date
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Packet Pg. 503
EXHIBiT— 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Emeraenev Manauement Agency: Pre-Disaster Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97.047 0
Award amount: llk&30.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TOT E FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
& 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
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
0 Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264
0 31 CIFIR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
1. Sub-Recipient is to use funding to perform the following eligible activities: >
enerators for Critical 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.
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Packet Pg. 504
Attachment A
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work (SOW) is to upgrade a generator from 125kW to 150kW, which will
provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project 0
is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida r_
.2
Division of Emergency Management(Division) and the Federal Emergency Management Agency
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(FEMA). 2M
The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as
submitted by the Sub-Recipient and subsequently approved by the Division and FEMA The Sub-
Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations, and Codes.
PROJECT OVERVIEW:
As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator
and install a new 150kW diesel-fired generator in its place with all its associated connection and
operational infrastructure at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -
81.087164)
The generator shall be protected against a 500-year flood event by implementing specific activities or by
locating the generator outside the Special Flood Hazard Area (SFHA) and shall be protected against wind
with a rated enclosure based on its location requirements Activities shall be completed in strict
n x.)mpltance with Federal, State and Local Rules and Regulations
0
TASKS&DELIVERABLES'
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A. Tasks Z
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1 The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute U
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a contract with the selected bidders to complete the scope of work as approved by the Division and W
FEMA The Sub-Recipient shall select the qualified, licensed Florida contractors in accordance with
the Sub--Recipient's procurement policy, as well as all Federal and State Laws and Regulations All W
procurement activities shall contain sufficient source documentation and be in accordance with all U
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applicable regulations. <
The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the Sub-Recipient and subsequently approved by the W
Division and FEMA 0
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The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for Z
0
the duration of the work The contractor shall maintain all work staging areas in a neat and presentable 2
condition
The Sub,,Recipient shall ensure that no contractors or subcontractors are debarred or suspended from E
participating in federally funded projects
The selected contractor shall have a current and valid occupational license/business tax receipt issued
for the type of services being performed
28
Packet Pg. 505
The Sub-Recipient shall provide documentation demonstrating the results of the procurement
process. This shall include a rationale for the method of procurement and selection of contract type,
contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary
'a
Exclusion Form"for each contractor and)1or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided tote Division by the Sub® <
Recipient
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The Sub-Re6pient shall provide copies of professional licenses for contractors selected to perform
services The Sub-Recipient shall provide a copy of a current and valid occupational license or
business tax receipt issued for the type of services to be performed by selected contractor. .2
2) The Sub-Recipient shall monitor and manage the removal of the old generator, as well as procure and
install one new 150kW generator at 3000 41st St Ocean, Marathon, 33050, with all the equipment
required to connect and operate it. The generator will be protected from hurricane wind damage by an
enclosure and will be installed with a fuel tank, automatic transfer switch, and all necessary electrical
and exhaust attachments. This work shall be performed in accordance with the PDM application and
associated documentation as presented tote Division byte Sub-Recipient and subsequently
approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable State, Local
and Federal Laws and Regulations are followed and documented, as appropriate.
The Sub-Recipient shall fully perform the approved project, as described in the application, in
accordance with the approved scope of work indicated herein, the estimate of costs indicated herein,
the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient
shall not deviate from the approved project terms and conditions.
Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of
the completed project by the [opal municipal or county building department(official), or other approving
2
official, as applicable The official shall inspect and certify that all installation was in accordance with >
0
the manufacturer's specifications. Any deficiencies found during this final inspections all be corrected
by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division
0
Upon completion of Task 2, the Sub,,Recipient shall submit the following documents with sufficient
supporting documentation, and provide a summary of all contract scope of work and scope of work
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changes, if any. Additional documentation shall include.
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a) Copy of permit(s), notice of commencement W
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b) Local Building Official Inspection Report and Final Approval. W
c) Signed and sealed copy ofthe As-built plans.
d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. W
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e) Certified Letter of Completion —
1. Affirming that the project has been completed in conformance with the approved project
drawings, specifications, and scope.
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2. Certify Compliance with all applicable codes 0
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f) All Product Specifications/ Data Sheet(s) (technical standards) satisfying protection requirements Z
on all products utilized 0
2
g) Copies of any permits that were required prior initiating work If no permits were required provide 4i
r_
a letter from the local floodplain administrator stating that the project did not require any permits 0
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h) Letter verifying that construction vehicles and equipment used for this project were maintained in
good working order to mimmize pollutant emissions. The letter shall also include that the
contractor implemented measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer® <
related waste during project work
I) Verification letter or documentation showing the generator is protected to the 500-year(0 2%
annual chance)flood elevation,
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Packet Pg. 506
j) Letter verifying that unusable equipment, debris, and material were disposed of in an approved
manner and location, if any significant items (or evidence thereof)were discovered during
implementation of the project, and that the Sub-Recipient handled, managed, and disposed of
petroleum products, hazardous materials, and toxic waste in accordance to the requirements and
to the satisfaction of the governing local,, state, and federal agencies.
k) Proof of compliance with Project Requirements and Conditions contained herein.
3) During the course of this Agreement the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project In some cases,, all project activities may not be fully complete
.2
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
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partial reimbursement may be requested. 2M
The Sub-Recipient shall submit an affidavit signed by the Sub-Recipient's project personnel with each 2
reimbursement request, attesting to the completion of the work, disbursements or payments were
made in accordance with all agreement and regulatory conditions, and that reimbursement is due and
has not been previously requested
The Sub-Recipient shall maintain accurate time records The Sub-Recipient shall ensure invoices are
accurate and any contracted services were rendered within the terms and timelines of this agreement.
AH supporting documentation shall agree with the requested billing period. All costs submitted for
reimbursement shall contain adequate source documentation, which may include but not be limited to:
cancelled checks;, bank statements,;
Electronic Funds Transfer; paid bills and invoices; payrolls-, time
and attendance records, contract and subcontract award documents.
Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by
the contractors and subcontractors and pay the contractors and subcontractors for approved bills,
.2
invoices. and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, 2
and/or charges are legitimate and clearly identify the activities being performed and associated costs
Project Management Expenses, The Sub-Recipient shall pre-audit source documentation such as
payroll records, project time sheets, attendance logs, etc Documentation shall be clet&.,,led information 0
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour 2
including enough information to calculate the hourly rates based on payroll records Employee benefits W
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shall be clearly shown.
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The Uvision shall review all submitted requests for reimbursement for basic accuracy of information. U
Further, the Division shall ensure that no unauthorized work was completed prior to the approved W
project start date by verifying vendor and contractor invoices The Division shalt, verify that reported
costs were incurred in the performance of el!;giUe work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing W
any requests for reimbursement Z
Review and approval of any third party in kind services, if applicable, shall be conducted by the
Division in coordination with the Sub,,Recipient Quarteray Reports shalt, be submitted by the Subs
Recipient and received by the Division at the times provided in this agreement prior to the processing W
of any reimbursement, 0
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The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and Z
0
managerial costs related to the project as identified in the project application, and plans. The requests 2
for reimbursement shall include:
a), Contractor, subcontractor,, and/or vendor invo"aces which clearly display dates of services E
performed description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information,
b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, andfor vendor for
invoiced services; and
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Packet Pg. 507
c) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount
The Sub-Recipient's final request for reimbursement shall include the final construction project cost
Supporting documentation shall show that all contractors and subcontractors have been paid
B. Deliverables
Ts-aPre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW
generator and install a new 150kW diesel-fired generator in its place with all its associated connection
and operational infrastructure at the Guidance Care Center, located in Marathon, FIL 33050
(24.711583, -81,087164)
The generator shall be protected against 00-year flood event by implementing specific activities or
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by locating the generator outside the SFHA and shall be protected against wind with a rated
2
enclosure based on its location requirements Activities shall be completed in strict compliance with
Federal, State and Local Rules and Regulations.
Provided the Sub-recipient performs in accordance with the Scope of or outlined in this
Agreement, the Division shall reimburse the Sub-recipient based on the percentage of overall project
completion.
PROJECT CONDITIONS AND REQUIREMENTS:
A.
1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100%
complete and ready for the Division's Final Inspection of the project
2
2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local of >
Inspection Report and/or Final approval-, as applicable
3) The Sub-Recipient shall submit a final copy of the completed project's As-built drawings and all
0
necessary supporting documentation, and provide a summary of all contract scope of work changes, if 2
any. W I
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4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications andfor drawings
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elaborated to complete the job, W
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5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub- W
Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has
been completed in conformance with the approved project drawings, specifications, scope, and
applicable codes W
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6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) <
satisfying protect requirements on all products utilized. a
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7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade a I
Specifications. All materials shall be certified to exceed the wind and impact standards of the current W
0
local codes, W
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8) Product Specifications documentation satisfying protection requirements for all products utilized shall 0
be provided to the Division for closeout, 2
9) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and
E
requirements, and obtain (before starting project work) and comply with all required permits and
approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may
jeopardize federal funding.
10) The local municipal or county building department shall inspect the installation according to the
manufacturer's specification, ensure that the above referenced standards have been met and
documentation provided to the division for closeout.
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Packet Pg. 508
11) The materials and work funded pursuant to this Su grant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the
safety of inhabitants before, during or after a natural manmade disaster.
B. Environmental:
1 The Sub-Recipient must follow all applicable State, Local and Federal Laws Regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and
clearances may jeopardize federal funding. If project work is dellayed for a year or more after the date
of the categorical exclusion (CATER) then coordination with and project review by regulatory agencies .2
must be redone
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2) Any change, addition or supplement to the approved Scope of Work that alters the project (including
other work not funded by FEMA, but done substantially at the same time), regardless of the budget 2
implications, will require re-submission of the application to FEMA through the Division for National
Environmental Policy Act(NEPA) re-evaluation before starting project work.
3) If any ground disturbance activities occur during construction, the Sub-Recipient will monitor ground
disturbance during any ground cli,sturbing activities during construction, and if any potential
archeological resources are discovered, will immediately cease construction in that area and notify the
Division and FEMA
4) The Sub-Recipient must coordinate with the iocal floodplain administrator and obtain required permits 2
from the appropriate agencies prior to imlliating work. All coordination pertaining to these activities and
Sub-Recipient compiiance with any conditionsshov.ild be documented and copies forwarded to the state
and FEMA for inclusion in the permanent project files
5) Unusabie equipment,, debris and materials all be disposed of in an approved manner and location. In
2
the event significant items (or evidence thereof) are discovered during impI'ementabon of the project, >
0
the Sub-Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and
toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and
federal agencies Verification of compliance is required at project closeout. 0
2
6) Construction vehicles and equipment used for this project shall be maintained in good working order to W I
minimize pollutant emissions. The contractor shall implement measures to prevents illage or runoff of W
chemicals, fuels, oils, or sewer-related waste during project work. Z
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C Proarammatic: W
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1) The Sub-Recipient must notify the Division as soon as significant developments become known, such
as delays or adverse conditions that might raise costs or delay completion, or favorable conditions W
allowing lower costs or earlier completion. U
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2) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of <
the budget implications. a
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3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a a I
need for additional funds" [44 CFR 13(c)), from the Division and FEMA. W
0
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4) Project is approved with the condition that the enclose d list of deliverables shall be submitted, 30-days Z
prior to the Period of Performance date, for review and approval by the Division" for submittal to FEMA 0
for closeout 2
5) Any extension of the Period of Performance must be submitted to FEMA, 60 days prior tothe expiration
date Therefore, any request for a Period of Performance Extension must be in writing and submitted E
along with substantiation of new expiration date, and a new schedule of work,to the Division a minimum
of seventy (70) days prior to the expiration date, for Division processing to FEMA
6) The Sub-Recipient must avoid duplication of benefits between the PDM and any other for of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206 191
Packet Pg. 509
FINANCIAL CONSEQUENCES:
If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the
following actions, as approprate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient
2) DisaVow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program;
4) Withhold further awards for the program or
5) Take other remedies that may be legally available.
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2
SCHEDULE OF WORK:
State contract execution process: 3 Months
Procurement of Generator, Materials, and Labor for
3 Months
Install 2
Selection of Contractor- Notice to 3 Months
Proceed
Final De&gns I Order Generator
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and Materials: 3 oaths
as
Receive Generator, Remove Existing Unit, Install
4 oaths
New Generator: M
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2
Generator Start-Up and Testing: 2 Months W
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Final State/Local Inspections, Permits, and W
6 Months U
Reimbursement Request, W
Final Inspectilon/&oseout, 6 Months
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Total Period of Performance: 33 Months z
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BUDGET:
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Funding Summary 0
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Federal Share, $75.930 00 (751�X,.,) 0
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Local Share $25,31000 L2 5'A
Total Project Cost: 101,240.00 (100%)
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Packet Pg. 510
Line Item Budget*
Project Cost Federal Share Local Share
Materials and Equipment: $35M0.00 $26,25000 $8,75000
Labor and Installation: $16,000.00 $12,000,00 $4,000.00
Permitting and Fees: $2,500.00 $1,875.00 $625,00
Site Preparation: $4,500.00 $3,375,00 $1,12500
Architectural: $11,000.00 $8,250.00 $2,75000
Structural: $4,900.00 $3,675,00 $1,22500
0
Project Management: $19,240.00 $114,430.00 $4,810.00
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Construction Trade Expenses: $8,100.00 $6,07&00 $2,02500 2M
2
Total: $ 101,240.00 $ 75,930.00 $ 25,310.00
'Any line item amount in this Budget may be increased or decreased 10% or less with the Division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated tinder this Agreement is not increased.
This is FEMA project number PDMC-PJ-04-FL-2018-014. The Period of Performance (POP) for,this
pro,ject shall k,.,3nd on April 1, 2022.
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Attachment 8
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9,, 10, 13, 14p 17, 18, 25, 206, 220,, and 221, and any other applicable
.2
FEMA policy memoranda and guidance documents,
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(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program.. 2
(4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement.
In addition to the above statutes and regulations, the Sub-recipient must comply with the
following:
The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A(Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therem,, the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and cond4bris of this Agreement. The Sub-recipient shall not
.2
deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient U)
shall comply with any and all applicable codes and standards in performing work funded under this
Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Sub-recipient and 0
any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, W
Part 11, Florida Statutes. Funds shall be expended for, and development activities and land uses
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authorized for, only those uses which are permitted under the comprehensive plan and land development W
regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and U
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any development activity or land use undertaken is, where applicable,, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land W
use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall U
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be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with <
applicable codes, specifications and standards. a
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The Sub-recipient will provide and maintain competent and adequate engineering supervision at W
the construction site to ensure that the completed work conforms with the approved plans and 0
specifications and will furnish progress reports and such other information to HMGP as may be required Z
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If the hazard mitigation project described in Attachment A includes an acquisition or relocation 2
project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property shall record in the public records of the county where it is located the E
following covenants and restrictions, which shall run with and apply to any property acquired, accepted or
from which a structure will be removed pursuant to the project.
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices:
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Packet Pg. 512
(2) No new structure veils be erected on property other than,
a a public facility that is open on all sides and functionally related to a designed open
space:
b. a restroom; or
(3) A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
(4) After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federaj entity and no disaster assistance will be provided for
the property by any Federal source, and
(5) If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
2M
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44 CFR 206.438(b).
The National Environmental Policy Art(NEPA) stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of or (SOW) shall be reviewed by all State and Federal agencies
participating in the NEPA process
As a reminder, the Sub-recipient'; must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW) Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments. 2
(1) For Construction projects, the grantee must"obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13(c))�
0
(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the
budget implications, and W
(3) The Sub-recipient must notify the State as soon as sign1: cant developments become z
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known, such as delays or adverse conditions that might raise costs or delay completion, U
or favorable conditions allowing lower cost or earlier completion Any extensions of the W
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period of performance must be submitted to FEMA sixty days prior to the project <
expiration date. U
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The Sub-recipient assures that it will comply with the following statutes and regulations to the z
extent applicable�
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(1) 53 Federal Register 8034 W
(2) Federal Acquisition Regulations 31 2 0
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(3) Section 1352, Title 31,, US Code z
(4) Chapter 473, Florida Statutes 0
(5) Chapter 215, Florida Statutes
(6) Section 768 28, Florida Statutes
(7) Chapter 119, Florida Statutes E
(8) Section 216.181(6), Florida Statutes
(9) Cash Management Improvement Act of 1990
(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act
(13) Section 286.011, Florida Statutes
Packet Pg. 513
(14) 2 CFR, Part 200— Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(18) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(19) Victims of Crime Act(as appropriate)
(20) Section 504 of the Rehabilitation Act of 1973, as amended
(21) Subtitle A, Title 11 of the Americans with Disabilities Act(A A,) (1990)
(22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part 39 .2
(23) 42 U,S.C, 5154a
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Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that.
31:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM). including all understandings and assurances contained in it,
and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required: 2M
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer,, or
employee of the Sub-recipient or its designees or agents, no member of the governing body of
the locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest direct or indirect, in any contract or subcontract, or the
proceeds for work be performed in connection with the program assisted under this Agreement,
The Sub-ree,,-Jpient shall incorporate, in all contracts or subcontracts a provision prohibiting any 2
interest pursuant to the purpose stated above,
a
(d) A] Sub-recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient
.2
for eligible contract work completed prior to the date the notice of suspension of funding was A
received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under this Agreement
unk:.,ss previously approved in writing by the Divis on. All Sub-recipient contracts shall contain <
provisions for termination for cause or convenience and shall provide for the method of payment 0
in such event; 2 1
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(e) It will comply with-
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(1) Contract Work Hours and Safety Standards Act of 1962,, 40 U,S,C 327 et seq,, requiring U
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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.. and W
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(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et se q , requiring that covered Z
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for a11 hours worked in excess of the prescribed
work-week.
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if) It will comply with W
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(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant 2
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
E
otherwise subjected to discrimination under any program or activity for which the Sub-
recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon 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
Packet Pg. 515
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(2); Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency,the Florida State Historic Preservation
Office,the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal 3::
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 16 U.S.0 470(f), and implementing regulations in 36 CFR, Part 800,
(4) When any of the Sub-recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency
Management Agen(,.-,,,y (FEMA) may require the Sub-recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and suggest 2M
methods of repair or construction that will conform with the recon, ended approaches 2
set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Sub-recipient gj
agrees to participate in consultations to develop, and after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites, and the salvage, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(5 The Sub-recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance;;
removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and 2
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present 0
and be affected by such activities The SHPO will advise the Sub-recipient on any
feasible steps to be accomplished to avoid any National Register eligible archeological
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property or will make recommendations for the development of a treatment plan for the
recovery or archeological data from the property. z
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If the Sub-recipient is unable to avoid the archeological property, develop, in consultation U
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with SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Sub-recipient shall forward information regarding the W
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the z
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Sub-recipient to implement the treatment plan. If either the Council or the
SHPO object, Sub-recipient shall not proceed with the project until the objection is
resolved W
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(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a"l of any W
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changes in the approved scope of work fora National Register eligiwble or listed property, 0
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP 2
project fora National Register eligible or listed property,- (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
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eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub-
recipient to stop construction in the vicin4y of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect,a known historic property in an unanticipated manner. The Sub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all
40
1 Packet Pg. 517
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S,C, 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 11973;
(3) 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 .2
contracts: affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; I ayoff/te rm i nation, rates of pay or other
forms of compensation; and election for training and apprenticeship;
It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112,313
and Section 112.3135, Florida Statutes,
(h) It will comply with the Anti-Kickback Act of 1986, 41 U,S.C, Section 51 which outlaws and
prescribes penalties for"kickbacks"of wages in federally financed or assisted construction
activities;
It will comply with the provisions of 18 U,&C. 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
2
It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C, 4002-4107, including requirements regarding 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 having special flood hazards. The phrase"Federal financial assistance" includes any
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form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
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grant, or any other form of direct or indirect Federal assistance; W
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For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a W
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard <
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that U
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certain SFHA requirements were satisfied on each of the properties, The Model U
Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha conditions,shtm Z
(k) It will require every building or facility (other than a privately owned residential structure) M
designed, constructed, or altered with funds provided under this Agreement to comply with the 0 1
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"Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19 6 0
for general type buildings and Appendix A to 24 OR, Part 40 for residential structures, The Sub- W
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recipient will be responsible for conducting inspections to ensure compliance with these 0
specifications by the contractor,
(II) It will, in connection with its performance of environmental assessments under the National
E
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S,C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by,-
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR, Section 800.8) by the proposed activity-, and
39
1 Packet Pg. 518
(2) Complying with alf] requirements estab'4(shed by the State to avoid or mitigate adverse
effects upon such properties
(3) Abtding by the terms and conditions of the "Programmatic Agreement on the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office,the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)" which addresses roles and responsibiliUes of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA),, 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800.
(4) When any of the Sub-recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR,. Part 800 (2)(e), the Federal Emergency .2
Management Agency (FEMA) may require the Sub-recipient to review the eligible scope
2M
of work in consultation with the State Historic Preservation Office (SHPO) and suggest
2
methods of repair or construction that will conform with the recommended approaches
set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary oft e Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Sub-recipient
agrees to participate in consultations to develop, and after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites and the salvage, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(5) The Sub.-recipient agrees to notify FEMA and the Division if any project funded under this ;=1
Agreement will involve ground disturbing activities, inclu6ng, but not limited to r_
.2
subsurface disturbance; removal of trees, excavation of footings and foundations, and U)
installation of utilities (such as water, sewer, storm drains, electricalr,, gas, leach lines and >
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the instaliation, replacement or maintenance of such utilities. FEMA will
request the SHPO"s opinion on the potent4 that archeological properties may be present 0
and be affected by such activities. The SHPO will advise the Sub-recipient on any 1
feasible steps to be accomplished to avoid any National Register eligible archeological W
property or will make recommendations for the development of a treatment plan for the
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recovery or archeological data from the property. W
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If the Sub-recipient is unable to avoid the archeological property, develop, in consultation W
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with SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
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Archeological Properties", The Sub-recipient shall forward information regarding the U
treatment plan to FEMAII the SHPO and the Council for review. If the SHPO and the z
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Sub-recipient to implement the treatment plan. If either the Council or the
SHPO object, Sub-recipient shall not proceed with the project until the objection is
resolved. W
0
(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any z
changes in the approved scope of work for a National Register eligible or listed property, 0
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP
project fora National Regiister eligible or listed property-, (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be E
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner The Sub-recipient acknowledges that FEMA may require the Sub-
recipient to stop construction in the vicinity of the discovery of a previously unidentified <
propt,,,,rty that may eligible for inclusion in the NationaV Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Sub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all
Packet Pg. 519
reasonable measures to avoid or rriinimAze harm t,',) such property until FEMA concludes
consultation with the SHPO The Sub-recipient aliso acknowledges that FEMAMI
require, and the Sub-recipient shall comply with, modifications tote project scope of
work necessary to implement recommendations to address the project and the property
(7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when with intent to avoid the requirements of the
PA or the NH PA, the Sub-recipient intentionally and significantly adversely affects a
historic property, or having the legal power to prevent it, allowed such significant adverse
effect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U S.C. 1681-
1683 and 1685-1686) is prohibits discrimination on the basis of sex; 2M
2
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.&C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholic m,
(0) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 -S-C 290 dd-3 and gj
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
(p) It will comply with Lead-Based Paint Poison Prevention Act(42 .S.C. 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act(P.L 94-163; 42 US C 6201-6422),
and the provisions of the State Energy Conservabon Plan adopted pursuant thereto,,
2
(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to >
0
the care, handling, and treatment of warm blooded animals held for research, teaching,, or other
activities supported by an award of assistance under this Agreement,
0
(s) It will comply with Title Vill ofthe Civil Rights Act of 1968, (42 US C 2000c and 42 U S C 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and W
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of z
race, color or national origin; W
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(u) It will comply with the Clean Water Act of 1977, as amended, 42 U,S.C. 7419-7626 W
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(v) It will comply with the endangered Species Act of 1973, 16 U.S C, 1531-1544,
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(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (D I
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(X) It will assist the awarding agency in assuring compliance wit h the National Historic Preservation 0
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Act of 1966, as amended, 16 U.&C. 270; z
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(Y) It will comply with environmental standards which may be prescribed pursuant tote National
Environmental Policy Act of 1969, 42 US.C, 4321-4347;
E
(Z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et se q ,
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U S.C. 794,, regarding non
discrimination;
4
Packet Pg. 520
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974„ 42 U S, C. 300f-300j, regarding the protection of underground water
sources".
(cc) It will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs,
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system- .2
2M
t,ee) It will comply with the following Executive Orders: EC 11514 (NEPA); ECG 11738 (violating
facilities) EC 11988 (Floodplain Management)-, EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
A It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510-
as
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972 16 U.S.C. 1451-1464-, and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.&C. 661-666,
(ii,) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Sub-
recipient and its demolition contractor have sufficient manpower and equipment to 2
comply with the obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon 0
2
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to W I
inspect buildings located in the Sub recipient's jurisdiction to detect the presence of W
asbestos and lead in accordance with requirements of the U.S, Environmental Protection Z
W
Agency, the Florida Department of Environmental Protection and the County Health U
Department. W
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(4) Provide documentation of the inspection results for each structure to indicate:
a Safety Hazard Present W
b Health Hazards Present U
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c, Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Sub,recipient to M
remove asbestos and lead from demolished or otherwise applicable structures 0 1
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(6) Leave the demolished site clean,, level and free of debris, 0
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(7) Notify the Division promptly of any unusual existing condition which hampers the 0
contractor's work 2
(8) Obtain all required permits
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(9) 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
Provide documentation of closures
(10) 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 (Public Law 94-163),
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Packet Pg. 521
Comply with all applicaNe standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act(42 US C 1857h), Secton 508 of the Clean Water Act(33
U.Q.C. 1368), Executive Order 11738, and the US Environmental Protection Agency
regulations (40 CFR, Part 15 and 61) This clause sha4 be added to any subcontracts
(12) Provide documentation of public notices for demolition activities
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Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
SU&,RECIPIENT: Monroe County BOCC
IT ADDRESS` 1205 Fourth Street (D
.2
CITY: Key_West STATE Florida ZIP CODE 33050
PROJ E�CT TYPE. PROJEC'I' M PDMC2018 014
PROGRAM. CONTRACT 0062
APPROVED BUDGET: RlEDERAL SHARE: MATCH
ADVANCED RECEIVED WA AMOUNT: SETTLED?
Invoice Peiiiiod: To
Payment M
.................................:.............
Eligib'lie AnIciunt 011�fliiigateid 11:::eideiall Obflgated Noin
1001% Aiiiiiount Feder6l Division Use Only
(Curreii1 Requesi) Approved Comments
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TOTAL CURRENT REQUEST: $
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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 z
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conditions of the Federal award I am aware that any false, fictitious, or fraudulent information, or the omission of any L)
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material fact, may subject me to criminal, civil or adrninistratrive 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
SUS RLC,1PIEN7 SIGNATURE: W
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NAME/TITLE' DATL
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TO BE COMPLETED BY THE DIVISION W
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APPROVED PROJECT TOTAL $ z
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ADMINiSTRATIVE COST $ GOVERNOR'S-AUTHORIZED REPRESENTATIVE
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APPROVED FOR PAYMENT $
DATE
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SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD IVITIGATION ASSISTANCE PROGRAM
SUB-RECIPIENT: Monroe County BOCC PAYMENT#:
PROJECT TYPE� PROJECT#: PDMC2018-014
PROGRAM: CONTRACT B0062
.............. ..................................................................._.-............................... ........
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EFN D'A TE ............................................................................................................... 0 C U..........M..........E N T A T'""I 0..........N..............................................................................................................
AMOUNT COSTS
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T'Ks pa,yrnlp,,rit,repi,"q,.)serifs % completion of the project, "'O"'AL
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....................................................................................................................................................................................................................................................................................................................................f?e�cipieaf�s intemal numbier(e.g_ lnvoice,, R:eceipt, Warra tit, Vouchirv, Claim ic,,PrScihe',,�dule #)
Date, of delivet)�o,f aiticfes, c(.",)mpfetion of wotk or pe(fortn,�ance servh.",,es (per doloarnerit)
(Recipienir"s payroll, math m'.il otit stm* recipie,nif awpwid eiquiprne tit and
na0V�of vendor or�:,,onfraictor) by cote, iory(Materials, Labor Fees) and line item iriThe a(,)proved proif.,ict fine
item bactget. Provideam isife,e ,, , s ,Me dates per each inivo.rCe".
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F.14.b
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT: Monroe County BOCC
If you are requesting an advance, indicate same by checking the box below.
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[ ] ADVANCE REQUESTED
Advance payment of$ _ is requested. Balance of payments
will be made on a reimbursement basis. These funds are needed to pay
staff, award benefits to clients, duplicate forms and purchase start-up
supplies and equipment. We would not be able to operate the program
without this advance
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If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for 90 days.
Submit Attachment D with the cost share breakdown along with Attachment E and all supporting
documentation.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20 -20_Anticipated Expenditures for First Three
(list applicable line items) Months of Contract
For exam le
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES U
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the
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need for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety (90) days of the contract term. Support
documentation should include quotes for purchases, delivery timelines, salary and expense a i
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 as evidenced by copies of invoices
and cancelled checks as required by the Budget and Scope of work showing 100%® of
expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest
earned on the advance.
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F.14.b
Attachment F
DIVISION OF EMERGENCY MANAGE E T
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
Instructions Complete and submit this form to the appropriate Project Manager within 15 days of each 3
crartar" enw Ovate.
UB-RECIPIENT: Monroe Douumt v Il3010C PROJECT M. PI] D®PJ-0 ®FL-2016®014
PROJECT TYPE: NT'R T#: B0062
PR GRA : QUARTER ENDING: �
Payment Information-
Advance _.��.��� ��� � ��mm -,m
Advance Pa
Y n
Advance Recetved® NIA r-"[ Amount..., ., „ , Advance Settled?Yes 0 No E �
Provide rerrnbursernent Projections for this project(projections may change): U
Jul-Sep 20 Oct-Dec 20 Jan-Mar 20� Apr-Jun 20m-
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Target Dates:
Contract Initiation Date Contract Expiration Date:
Estimated Project Completion Date
Project Proceeding on Schedule? [_.1,,,Yes No (if No please des(,,ribe tinder! sues below) y
Percentage of Work Completed (may be confirmed by state mspeclors): y q %
Describe Milestones achieved during this quarter:
Provide a Schedule for the remainder of work to project completion (Milestones from Contract with estimated crates)
Milestone Date I
Describe Issues or dreunistances affecting completion date, milestones, scope of work, aindlor cost! U
Cost Status: Cost Unchanged Under Budget & war Budget
Addi ional Co entstElaboratiom 0 1
Events Dwisrrtra rwf Err?r rim r „ lV1a�� rrwraawarat(DE1)staff may pat crfaorr ycaur faruj' ru�t/rr�rrufCttCrwyv ttru°ars°- ns ections r
y oc�c°ur betwemmrr wwa�rteri reports, which have sr niricant sm ,r t(s), such as antiw,ilmraieri
overruns, changces in sor.-.)pay of work, etc. Please contact the Division as soon as these con(.-fittrans become known,
otherwise you may be found non-compliant nt with your sub grant award.
Person Completing l::oirrn F'lhons:
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,..„v,,,,,,,,,,,,,,,,,,, ,w ca
-- To be c m r�aiet d fairDivision staff°- �
Date Reviewed: � Reviewer.
Actions,
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Packet Pg. 526
Attachment G
Warranties and Representations
Financial Mangiggment
The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302
C
Procurements
C
Any procurement undertaken with funds authorized by this Agreement must comply with the
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requirements of 2 C.F.R. §200, Part D Post Federal Award Requirements—Procurement Standards (2
C.F.R. §§200 317 through 200.326)
C
Business Hours
The Sub-Recipient shall have its offices open for business, with the entrance door open to the
public and at least one employee on site, from e00 AM -5:00 PM Mondav Thru Frid—Ias
C
ap lice ble.
Licensing-and-Permitting
C
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
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permits required for all of the particular work for which they are hired by the Sub-Recipient
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F.14.b
Attachment
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.,.,,.,, . ,,,,,,a. ,a.,ti ., ,.., >„,..n.::,,,,, ,a.,.„o& ,�.,.,„,� r,,,„,..: ,.,wfr.�w» ,rn,,nn�i„,z„�r..na.,x1:.,,wr�„G:�.,.1�...,.+„terra,�fr4w,.r�rm'rr�/,.,h,�;a�.wrAw.,we�ii,�.m�ui��✓�.
Subcontractor v s ci s
(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.
( ) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form,
SUBCONTRACTOR
2
a
yMonroe County BOCC
Signature Sub-Recipient's Name 2
0062
Name and Title DEM Contract Number
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P C- J-0 -FL-201 -01
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Street Address FEM A Pro)ect Number
City, State Zip
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Date
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Attachment I
Federal Funding Accountability and Transparency Act
Instructions and Worksheet
PURPOSE� The Federal Funding Accountabi1ty and Transparency Act(FFATA) was signed on September 26,
2006 The intent of this legislation is to empower every American with the ability to hold the government
accountable for each spending decision. The FFATA legislation requires informaWn on federal awards (federal
assistance and expenditures) be made ava4able to the public via a single, searchable website, which is
hlltp,li,,mievw,i,Asn:�slpending g,i:)v/.
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
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Management ('1FDEM" 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).
Note This"Instructions and Worksheet"' is meant to explain the requirements of the FFATA and give clarity to 2
the FFATA Form distributed to sub awardees for completion All pertinent information below should be filled
out, signed, and returned to the project manager
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub-award ;=1
(Agreement) that obligates$25,000 or more in federal funds as described above. Please provide the r_
following information and return the signed for to the Division as requested. .2
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PROJECT# iD,.1 04, R,2018-014
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FUNDING AGENCY, Fe"deral Emergency Management Agency,
AWARD AMOUNT- $ 75 00 W
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OBLIGATIONIACTION DATE: 8126/2019 W
SUBAWARD DATE (if applicable) W
DUNS#, 073877675 W
DUNS# +4: z
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*If your company or organization does not have a DUNS number, you will need to obtain one from Dun
Bradstreet at 666-7 5-5711 or use the web form (httl,):ttfedgov.din b.corn/we form). The process to request a
DUNS number takes about ten rnf notes and is free of charge.
BUSINESS NAME
D A NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS,
A DRESS LINE 1 .... .... .... .... .... ....� .... .... .... .... .... .... .... o
ADDRESS LIME 2
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ADDRESS LIME 3`
CITE STATE ZIP CODE+ ** . . .... .
PARENT COMPANY DU S#(if applicable)
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CF A )'
DESCRIPTION OF PROJECT (Up to 4000 Characters) �
The purpose of this Scope of Work (SOW) is to upgrade a generator from 125kW to 150kW, which will
provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This ~�
project is funded through the Pre-Disaster Mitigation Grant Program (PD )s as administered by the
Florida Division of Emergency Management (Division) and the Federal Emergency Management
Agency (FE A) .2
The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work
as submitted by the Sub-Recipient and subsequently approved by the Division and FE A The Sub-
eciient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations, and Codes, i
Verify the approved project description above, if there is any discrepancy, please contact the project manager
PRINCIPAL L C F PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF Z
BUSINESS):
ADDRESS LIFE 1:
ADDRESS LINE 2,
ADDRESS LINE 3:
CITY STATE ZIP CO E+4**
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE' �
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE T INFORMATION:
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Packet Pg. 530
1 In your business or organization's previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g loans, grants, subgrants, and/or cooperative agreements, etc ) subject to the
Transparency Act, as defined at 2 CFR 170.320; , (b) $25,,,000,000 or more in annual gross revenues
from U S Federal procurement contracts (and subcontracts)and Federal financial assistance (e.g. loans,
grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act?
Yes El No L]
If the answer to Question I is "Yes,"continue to Question 2. If the answer to Question 1 is 'Wo". move
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to the signature block below to complete the certification and submittal process.
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2 Doe,,;, the public have access to information about the compensation of the executives in your
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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. [Note: Securities Exchange Commission information should be accessible at
http/lwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information M
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should be directed tothe local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in ;=1
the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing r_
below to report the "Total Compensation" fort a five (5) most highly compensated "Executives", in U)
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". 0
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"Total CqMp�satio n" is defined as the cash and noncash dollar value earned by the executive during the most WW
recently completed fiscal year and includes the following:
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L Salary and bonus. W
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ii Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized W
for financial statement reporting purposes with respect to the fiscal year in accordance with the
Statement of Financial Accounting Standards No. 123 (Revised 2004) (FA S 123R), Shared Based W
Payments. U
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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 aV salaried employees,
iv. Change in pension value. Thus is the change in present value of defined benefit and actuarial W
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pension plans. W
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v Above-market earnings on deferred compensation which is not tax-qualified. 0
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vi Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds$10,000 E
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TOTAL COMPENSATION T LETED FISCAL YEAR
{Date of Fiscal Year Compieton ��r,Wmrvrvrvrvrv,.,�».mm,.,,,......
,�»,�.�mw}
Dank Total Compensation
(Highest to Name for Most Recently
Lo estj (Last, First, MI Title Completed Fiscal Year
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j....... ...... ...... ........
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THE UNDERSIGNEDCERTIFIES THAT ON THE DATEWRITTEN BELOW, THE INFORMATION
PROVIDED HEREINIS ACCURATE
SIG AT
NAME AND TITI-Ei
a�
DATE:
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Attachment J
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix 11 to 2 G.F.R. Part 200 It is the respon&bility of the sub-recipient to include the required provisions. <
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ID)t)l-&&,xxnAw_t"amamarrmdoa(40 U:,8, , matanals'ms:r artm]as orddnna yaaal:maibla. �an:arn
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tsrdara mnt`mmma�d.d.mgamwa. �
in axr~a ss of 22AW mim,rded by a:a oa.Tnadmara.t (; FU tus to Imsmronmtmomas u ° o Undmar a,
amtttUTS must mmmr'raamma lap.prordmproa Far mouamm ph. Contran,ot W 'ramammanmrat,If the Follmr.I award
alma MtNMwMb�4 p� Ma Davie -mtmaoora , mm�t u'. tt'8,0 aauamats ttaa d amdmn,ttmmma:ant °mmaadmmm a mnamara'mmnt"
aam , and 311 m Uj as rmmjptmton-I ntvid IICq t u der m �, 14012(Q arn.d,tam m mATI"ent or
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Rmn t; ern,, "Lls r StandxnIq, PraavvDram lli[p l- vath a,mmI bummisissfimar mmmamprmw t orym-
gamam to d rmmn,tramatmn domman'tm,m dmaara:gt;r ., mmn:m,amanrrn mmuardmmng flame smatanmr»atmatmomr of !M..r-
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maaamtt.axsaaa w1th tha statm;atma,'omama tona�a rrumn:s.t mmmamnasat dAVQ11DPMDDth1, or mismIrch 'auo!rtr
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chantesat as ratan meat taas than tmnma far!°amp'am.ffi:m gr ant or mbraelplant mrn4 ina t cormply am"VIA-m the m°aawagam ...
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Winmm t of Lill in earm'a sradmmdta aa. "td!'ae (0)Claan,hir Act(!4.'2:U,S C."t'«WGUm a t'm, , and
daomsdman to award as,cm,tract orsutil the Paatl Wantaar taoNutWou t"xotroV A (33
;UM TIM 100al a :mu o'4mm*vF�aGaa° of ET IC t ,ud-i2er'), as aamaat ba''k Oomutract's and
td i mumaffa drmterrmmmnatmauam..`11a magma-Fataru,ion- sub grants oir armnou nts in mnam r'n of
tmaT mamu:a»mt: ra;w;umrq;, all s im—tad amm- reported mustmomntmaa:o aa, �pmmmvm,araa tmms,t ri°aW u.tI a's t,gmaa' �
v1t1rm mwa�aa: m na ':ream ml a� ar;k %g,: 'ency mon-Flederal award to agres to comply 'with �
The contracts must "� . ammakkudo a,prmislon all a.fifffllI rntanada,rdta ordam or ma'p nta°- �
for comIAtaa ce awitda tho Gquagaaraa Anti- Uons laud pa,rstmaat t'o tdkmira l mm Act
Ifte na k," Art, 0'0 U S�0, 2145A.. AS sUPPt�e (42'U. . . T-Krl..Mmq) and l Voldiaml Water �
raaaammted by IlDeputmmamnt'om Labor ra'wbnta,tmmamas Pollialtdon Control Act ras maaaami,A (33 U.tm,,C. C9
(29 CIFU Part d, taa'ntrmlammrs and 9d'm.�ta.... 12da Vxo�tatrm.om'as must To repirtad'to the
^mann'traclors on 'Pumadao B'uafldmrn,d or lU"m1G'bba Feral. a al 4garmy land it:.hio Reglaa,at
Work VIDAm road.in Wholia'arl E¢':part by'Iq a.rus Moo o:f 'thy» Ran,!drrna:mu. uitaa Prubac.,Uan �
or Grantal franmaa tdu m trnmitrnid o taraas to 71a'aa Act, ALII(LZFA) 0
garaavIda"n that -,,h ommmAmanattor or sub,, M) kanUtory standards mild potromas 're- lM
pox. plill,malmaamt ba probibmad 0--lom tudamu ar, Tatirg to eaaalgy ed"t'l ahmo m m msoma.,' >
by may mns any Vu-,,llon lunpmoyodt in ttm tammod amm this stnabo manor a^a m am"saa°taaamn ptara 4)
om'matnmura al um„oarmn' ma'ta'oa,om°repati°'ot pfabttc a" ,nmrmk M comillAlanem With the':Emmirl Pmd:aic:y
work to g1ra up awx w part of t;qura rra rn nmu maa- and,tdonsam"ma,s''tmmmmm Art(42 US t;t;G.M...k),
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Tibia man�-laadrarmi entity must repart &HI sus.- Ordurs MIQ anrd %) A contramt award 0
n' rted or raaNr1,;9d ncmotatarummm to t.tma Fleda:m°matt y ratio d MR..M20)must mnot bo m miaa to par.. �
a'sa rduigagonnaT tm rm ald inn ma govorament ,da Rx'r,�ua'de �
a L qua^ ' is all ar,:) TTUL ij ha �an mdaa�:munpma� I �as rdaxa� viAward,'
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acts
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avoNG th.o aammrtatmm rrmaurat rpd"mrn ahmanummmm ma°ldmatmaar- mo-mrW ta, ttt9D' a"w,:nadk, 'n. t,'d t"d�R T,rLt JIM"" (3
Qrs, rmn zst, drna dluud,a a ;"llovislion for oorttupit:t r:� l tm '235)" Debarmnmot mul Sa^.nim mr jmrn.
with ddk ta. 0 a 1 am^d 3704, as spn, rotarrmao'taadt "'nm,rn Rrm.tm nt,u t Parties Um, y'stern im &dtt
of La tor rigu4tA uas t,29 1,11m omau.taamm s' tq:miuu namas of parttes n°ad°s,
Part 5q ttmnmtaar 40 .C, M!dt at the Azt„ mama pendad,or'ra'tma,aramrtsra eoodnm'ded day''ag enclm ,as g,
maoma'trammr:m, mu,%t tmaa re gmp,l'.red.to loomratnantaa Ile maall aaa partim d'amadar m aamutgt*dtmma under stat-
la,i nset"a v°r r ba nle,:and,
oar mnamth 'o�md�tartatorty aant taorm'ty o'ttua,r Mama E.11 u
m 54D.
Work.mmn examms of thaa staadra,mrd,work maraatu: Is (J) R3T,d .dtmit,r m..aobR)m'mmg A,mriand:nm ant �31
-ML.e' .aale murcaarmdiaamm that'tho work s mm . td 5 C d at4),...Contractors Uas.'t apply 'am^ W
pear in at aw rate rt mot Was ttun orwru and'.a fo,r an award,of VC0,0'i or nwre must,final the M
half rnmrrammma the tmastic rate ot"]g;auayy for aIk howas required o'martmtmoa°t,torn V'Rot'n tmar amtttre'a to
worked mna luxem or 40 holm' ta. ttmmp avor'k the taamm' almoae Uust it, m!rmtt not and bias not �
week,The requnmraarumita'or 40 U.S.C, 2'7 are aasoal Paidarat a a'mat,praatil t"mmndds to Pay any
applic able t l'comstl'wror,k end;vrovidia person, or organization for t;m:tlquimrnrOI ar sit,
Lbar, :nG Lim,bo am° o'r Yf n,withu to must tamp re- taangt ng to infl a,aru,c;ms pan omfloor or'aumn,&l �
rpmama'°,am tea work to mman:rmommnm:mu,„s or o.mmrmnnr mm'tany m4mmy,aamrnaumut,pnar Of Coup
.us„matm: r Z
aw rorkara't cand.1talums, maq'.u:mKita aria u.ns.namnati or ammmdatmym. of Mua,rr mss,or an maruaptmmya a'aat a
haaraardom's:a or dangrarlous.Tta'aasa requa.t:ranxnts ream b 3r of Comp ras~«s to connection, m'rmtta oh....
do not apply ran the purclaasma;s of 'smnta',d:nddas ar tea II a;mu,V Pimill 'oll grant or any
Packet Pg. 534
2 CIIII I
Wilher I cxrrarpd by 1P U S C, ISTI, Emob p1m 4momm"ad remail wm mw, an riiimaaru;hi
thar rniasr, a disclimse, &V lobbyligg' WWI &N.2 d9VO1oI]:kffwM antIvItles t1mill; are iapvn
non-Fadaral NmN thAt takial pllace ka Can- Sarml by FodmmJ and ncui-Irm-faml agmemia,
RW.�t'IOTI %1t2A ltilb�til a pojnrujj jj'wafaf md, '11%1%1 MICAUTIM3.RCA"AL
'Saxi-r iftseloriwas are ftwwardxmi ifficivi twer to ILjQ8 Jn�WfflVtng"tjjA� trj�aj[JF"'
UAr'up 1g)Lim man pol'aral award, ralled re.
iR,I)Smy fZM RA2 Prociia..Ternant of racov,aried t.ra,jillu-9:11 whero m3ch naia.tnrtttnas at:11til
09&&MA Owl Itim as uil4alm roswrich:and&
70apirrignt aiculvftlas And wbarp "xiliel.11 I
Apri-.vmr.x M1 rio t1m, are no:L InialudaA gn tim Inatziluct C
ma
t.ion
apt,. tarot„' AND IRATU DEXTHRAMUNA"r UlnfirpW(ga univarch nwawl, all rim.---an rala
"TICIN �jp Hrr�;RHR amid dGiralicipmant actilivitlas t&%t AM !WGPA,- C
RDUCA'MLON�,HEES) rately budgetwA and mxmantml. for by t2jig .2
slatution undar,an Inimmal atyphimaIllou I CO
A.GLjG�jff'jUkjr' m
stitimUrnwal hands, UnjLV1Qr%11ky riw.wwch, for
Tlus appand1z pinvIcUms criteria far vilenti parperms of tWa docamnent, irmist, W cam-
1)"nig awil camplu ttlag 1whilf.mit lor valroct b1i with sponcorad omwcucli midar the
a P,&A)) rat'As at (InstgurAlons'), Ind.1ril Fwanctlion oforpintud rweil
07A,A),colts axa tAnsia tbat are luilil For V-(AfAv wymprod aceftlain inuams prog.,Tains tia
COUff"On 01" k"Ink, ObjectIvaq, amid therefore and PrIDjf1i dtmnatncatt by, Flle&rimil alral nam.
C
crazimA be i.dantihilml rea&[T and, spacilleally Podonal agmictias mid arranizaTAwns wtirch. in 0
wltb a part1eralar sromwir%xl project, An ul- vWva We Wrformajoice I wark othim Qlaxi in
MA"IsirtkInal airtlylty, or I othu mslfflm-� sfamencin airrid organual msaan:h, F.xanjp�pA
Uumal aztvrvty, Sim, mAI'mition R 1" I)OF"In't 0:f such prilgill"i wiff prnj�;;ii awns tuailtrr
11an of 1,1241,13t1als meal ActmAmIstmiLlUan, for, A SprVICe projoelz mind cormil pro
11, JL �&nJy rg'tjjg�'qn RA'g'%'jt1j%di.sicas,.uian I tl.�A compon"Dom; Of Ind
Fphl(mmUs' me tixidwtaikan ity tho tawri6.trrpy arm T
autslda support, thay ii bo C
,I Mayor 1i ofan fnallfutron otharwastiltutiomal
Rerars UD AnstraCrIlo.q. -h
ilmmiudopuA acHmims migam 0 ale,
.n 11L%
mid iYasimam tftil
Abar SpOmFored mctxyrjtji�.w�n an�j othar Im"Uta. mitrue
I mctl1vltias as deftA. 1%LWS Shwt!10111 rlan:. dapartnmntal rx-nmarch, orpaximod re
rM and athipir slIxinroriad activitles as dio-
miamixi the txaachiuv �IIII 303,
W'7ALM T activWes oi an Institutgovi Rroapt fired UA thilis 5011iiUmu 111d.Jrect g,F&A)locist ne
Fi',r rassairch traimang, as, primidod ici sab-, a„nvrlttrws UJentlifted ln III ApplOndir pax^r- C
b, UMI CUM 111cliulas tiasicksug anid R Identiftcaum mid amIgurnarn1 of In U-3 0 111i&CtF,7T%1QT,$, tj.J.47 ar e a red P frgj dwil (PA I oa
sts '%old f DCjrjjlll saurvl�m���
For croffits tiorwarwl a i2im-gi Ojr iaaartjn°,3,U; ar (imallitlim (1cvxibed In, f2lh)462 SpNMa4',&)d, A
I a Will CliDdR. tiams, and wheithiar they airip fiervIcs ftel 110108 or th s RMS1," >
h 01 rell acmdornic" daparl- E�wmmjplaa Ofth o 'ar mututizonAl Activit'las Offered t you, 4)
mes,Az �air wparmLe idlywans, imclil wis a sum- Ir.inlaile operatum of randm!nicia ImIlls, duung
milar Ri d1v1slon or an ex Ujin3lon ih vfstlm haflr, hiOSPItWis arml (AlMerw, .Mudnnt unions.,
A.1"m cionslldermd part I thim; mQ01, run."'tion athlotlivs,bookstoms,Imaulty 0
dkqwUmmal ire awaricI., and �1116111'@
)Qw m,-@rr'ssd Uji,univariaty riaspzria!n, La,theatnm puW�,'�musimmim, and c
dIlnd tratolitrip rnpan Arrvftlrr au IK lil airy antwqlvl,&4��y,'J'bm doiftnitum
cAlvuj 1�0 qrn "�Ir2QS I aCtp'A-
Aj%V �$'Ltjj
Sr-MCMIC InStIlrUt"Ll'OnAl M'LlIdIll or C�Zrtwpjp w
tabRithwIl by grant cimiltrac.,'t, or mm:1jeratlive Wos, cilisu.0 of wbich mre ''unaillowable" �a Iii—
Wi,irmoimant. For jpu.rrpn:ws ajj I I t111n- I'adeTat awards, madam; otharwIsa uanftr�IRAM z
cljjfl�as. L11JAS =Uvruy may bq conmdarPAA a In ian awaird, w
MaJOT ftmathin avan though aLrl q ]LftLjtlon's 2,CYtimla for fhsevtbum ors U
�mWu(murating Uestment Frai midluds n, im the w
In.strill IlNrnctlon la, as jxmd, AL baw. penod train distribla.
12) Doparimental rasa weft njnmm resaaruh I of Arid.wract dF&Aii ,togt4 is fbi) lmm.A
&vokminanz =4 SChOlArly ammues that dwing wbuch tho �ooste, axia tt!nen:rrll The
arn riot orgarriml rimlearch and, con Ilmse parliold normally flwiurd cotnimldo with w
mriantly, im not SONIT-arAy bliulptiad and tbie f1scaIi yoar ostabluhad by th.a tirm,ututlan
aCCOURLI&I for. Dopartmiantail resemrich, Air Nat in R!OY avout U19 lhaso pamod shoulid t ase z
pl rpalspm of I dociijimant, lis mir.wil;coms1dioli'Vid $01101CLed as to avridd Rvexp3tUes In the jills <
ILS 1%.MI AIVICUDWR but as a wirt of t�ho ul tirl h atsion of Q;ws ts. a
struchon ti of the umt2tuilljon, I.i. Nppd for rost ivYaq.A%ry Tho mernfl, ob. M
b,, Orpamr.awl viesnarch means all ncpareh. j�wtf ve of the i wuhriec L(P&A j, vilist aJ�ocattcm
and devOopiTmic Agtjvt(j,p.q ref 's 0 proms4T. Is Ito idlistiributo the MdArw,t (IMA',
. &m ��jjt��I tj 11,1
thot are sapar"Wirely badpowc.1 and acommitw.M CoMs dmcirlWr J�a 134NjiLlion R, w
rar It inchrlas, mind amngwnant of Indirelat (P&jkl icosts, to 0
w
196 z
0
2
4j
C
0
E
V5
Packet Pg. 535