Item C12 BOARD OF C„�, OUNTY COMMISSIONERS
County of Monroe 4.1,":9:2"; Mayor Heather Carruthers,District 3
The Florida Keys r� Mayor Pro Tem Michelle Coldiron,District 2
Danny L.Kolhage,District 1
David Rice,District 4
•
Sylvia J.Murphy,District 5
DAVID P.RICE,COMMISSIONER
9400 Overseas Highway, Suite 210
Marathon Airport Terminal Building
Marathon,FL 33050
O 305.289.6000
E boccdis4@monroecounty-fl.gov
Interoffice Memorandum
Date: December 3,2019
To: Kevin Madok, Clerk of the Court
County Clerk's Office
From: Commissioner David Rice, District 4 /1/4,79e2;-----
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 December 11,2019 BOCC meeting,•I will abstain from the vote on item(s):
#CS& C12
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 VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,CpMMISSION,AUTHORI O COMMITTEE
E OAvio PA YAJE Mon�ct Ct o oor Cvar�o commr s's'roi
MAILING ADDRESS * J THE BOARD,COUNCIL,COMMISrf ION,AUTHORITY OR COMMITTEE ON
1 33 (1)o cl4l rob r�cL Ln - WHICH I SERVE IS A UNIT F: (/
CITY COUNTY 0 CITY , COUNTY CI OTHER LOCALAGENCY
M alra9--kon Ma n r o � NAME OF POLITICAL SUBDIVISI N:
DATE ON WHICH VOTE OCCURRED i , r Mon ON IS: av
MY POSITION S:
)(ELECT! E 0 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.
DISCLOSURE O.F LOCAL OFFICER'S INTEREST I •
I, .Dave d P. l , hereby disclose that on �J��?rn hQ.. l f ,20 ��
(a)A measure came or will come before my agency which (check one or more) 0-
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)The 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.
.6o 3 �vc�
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.
C.12
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
- p �pw° Danny L.Kolhage,District I
aµ David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: C.12
Agenda Item Summary #6332
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325
N/A
AGENDA ITEM WORDING: Approval to enter an agreement with Guidance/ Care Center. Inc.,
upon final execution of a Pre-Disaster Mitigation Sub-award grant between Monroe County and
Florida Division of Emergency Management.
ITEM BACKGROUND: Monroe County applied for and was awarded a Federal Pre-Disaster
Mitigation Grant in the amount of$75,930.00, on behalf of Guidance/ Care Center, to purchase and
install an emergency generator system at its Marathon facility. Monroe County is acting as a pass-
through entity for this grant, while Guidance/Care Center will be responsible for the 25%non-
Federal match, as well as any additional associated costs not reimbursed by FEMA.
PREVIOUS RELEVANT BOCC ACTION: Monroe County BOCC approved submission of the
FEMA/Florida Division of Emergency Management grant application at the November 20th, 2018
meeting, and approved acceptance of the grant award at the November 20th, 2019 meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
REVISED GUIDACNCE CARE CENTER MOA with EXHIBIT A GRANT (11/27/19)
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: 4/22/2022
Total Dollar Value of Contract: $75,930
Total Cost to County: 0
Current Year Portion:
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C.12
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: NO
Additional Details:
N/A
REVIEWED BY:
Pedro Mercado Completed 11/25/2019 9:58 AM
Martin Senterfitt Completed 11/25/2019 10:05 AM
Budget and Finance Completed 11/25/2019 12:42 PM
Maria Slavik Completed 11/25/2019 3:19 PM
Kathy Peters Completed 11/25/2019 3:20 PM
Board of County Commissioners Pending 12/11/2019 9:00 AM
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C.12.a
AGREEMENT FOR ENHANCED HAZARD MITIGATION E
MONROE COUNTY
GUIDANCE/CARE CENTER INC.
THIS AGREEMENT is made and entered this 11th 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"),p ( y ), 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
Management(FDEM) for a FEMA Pre-Disaster Mitigation (ADM) Grant; and a
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
WHEREAS, County and Care Center desire to set forth each parties' duties, rights and 3
obligations;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein,the parties agree as follows:
U
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 W
gives to the other written notification of termination pursuant to and in compliance with paragraphs U
11 and 23 below.
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2. AMOUNT OF AGREEMENT, PAYMENT AND PROCUREMENT PROCESS.
Payment for expenditures, to the extent provided for in this Agreement, permissible by law and W
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
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C.12.a
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: 2
(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
of the project manager for Care Center to initiate the communication with the Monroe County
Emergency Management Department 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 .2
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.
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
records at the request of the County, the State of Florida, the Florida Department of Emergency U
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 U
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
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
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C.12.a
interest calculated pursuant to Sec. 55.03,F.S. running from the date the monies were paid to Care E
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,
Florida Statutes, or as otherwise provided by law. County shall ensure that public records that are
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 2
a�
of Care Center or; keep and maintain public records required by the County to perform the
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.
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 co
the records are exempt from section 24(a) of Art. I of the State Constitution and Chapter 119,
Florida Statutes.
a
S. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
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
their respective legal representatives, successors, and assigns. U
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder,
Care Center is an independent contractor. No statement contained in this agreement shall be Z
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.
(n
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
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C.12.a
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 2
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
written notice of termination to Care Center.
a
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 .2
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.
N
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 9
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.
a
11. TERMINATION FOR BREACH. The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take place
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
considered as a continuing waiver and shall not operate to bar or prevent the County from declaring U
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 cs
at or above the rate of request for reimbursement or payment is a breach of agreement, for which U
the County may terminate this agreement upon giving written notification of termination. cs
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
with respect to such subject matter between the Care Center and the County.
e
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13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This E
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
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
of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this a
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
cv
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
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. 3
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
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or W
remedy as may be provided by this agreement or by Florida law. This agreement shall not be
subject to arbitration. W
U
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 W
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.
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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 2
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
Center warrant that, in respect to itself, it has neither employed nor retained any company or
person, other than a bona fide employee working solely for it, to solicit or secure this agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this agreement. For
the breach or violation of the provision, Care Center agrees that the County shall have the right to A
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,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position; conflicting employment or contractual relationship; and disclosure or
use of certain information.
19. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime may not submit U
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, �s
may not submit bids on leases of real property to public entity, may not be awarded or perform U
work as a contractor, supplier, sub-contractor, or consultant under an agreement with any public U
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
warrants that it is in compliance with this paragraph.
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20. AUTHORITY: Care Center warrants that it is authorized by law to engage in the E
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
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
set forth in this agreement. At all times during the term of this agreement and for one year after a
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. Workers' Compensation insurance as required by Florida Statutes.
B. Commercial General Liability Insurance with minimum limits of $500,000
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.
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
County, as satisfactory evidence of the required insurance, including the insurance policy W
application and either:
�s
• Original Certificate of Insurance, OR Z
�s
• Certified copy of the actual insurance policy, OR
• Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk W
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) ..
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C.12.a
An original certificate or a certified copy of any or all insurance policies required by this E
contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the 2
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
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
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
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.
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 U
County in the investigation arising as a result of any suit,action or claim related to this agreement.
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23. NOTICE. Any notice required or permitted under this agreement shall be in writing U
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.497
C.12.a
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
Key West, Florida 33040
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.
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 3
to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties
of the County, except to the extent permitted by the Florida constitution, state statute, and case
law.
26. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to W
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 W
County and agree that neither the County nor Care Center or any agent, officer, or employee of Z
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. (n
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C.12.a
27. ATTESTATIONS. Care Center agrees to execute such documents as the County E
may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a 2
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 �s
agreement by signing any such counterpart.
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.
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 2019 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
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out fully herein. Said agreement between Monroe County and the State of Florida, Division of
Emergency Management dated ,2019 is attached hereto as Exhibit A,
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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C.12.a
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.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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BY________________ _________ ____ .�. . By
Deputy .
Deputy ClerkM_______ Mayor/Chairman
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Witness: GUIDAN,y C VCAIR,, "'ENTER, INC.
will woofII w'II pW�fmn' col � w�o�o���m��✓'
.... wUWl IU, IIY .IIY... "I . .m....
Signature ; gnalI(io of pt ,�n authorized to legally bind
Corpr, ation
Print Name Print name and Title y
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Date: uw dU�� l ,
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C.12.a
EXHIBIT A:
FEDERALLY FUNDED SUB—AWARD AND GRANT AGREEMENT
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C.12.a
Agreement Number'. B0062
Project era
FEDERALLY-FUNDED
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
subaward to a Sub-Recipient to carry out part of a Federal program
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As defined by 2 C.F R, §200,9 , "Sub-Recipient" means °"a non-Federal entity that receives a
subaward from a pass-through entity to carry out part of a Federal program."
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As defined by 2 C,F.R. §200.38, "Federal award" means"Federal financial assistance that a non- 2
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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
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: onroe County tiOCC
Sub-Recipient's unique entity identifier: 59-6000749 00
Federal Award Identification plumber(FAIN): EMA-2019-PC;0001 W
Federal Award Date. Au yst 26,,2019
Subaward Period of Performance Start and End Date U on Execution 4/112022 0
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
Total Amount of the Federal Award committed to the Sub-
Recipient by the pass-through entity §75,930 00 W
Federal award protect description (see FFATA): Generators for Critical Facilities
Name of Federal awarding agency: FEMA W
Florida Division of Emergency
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Name of pass-through entity, ag rnent ..
p yCollins, Project Manager Contact information or the pass-through entity: Robert Co.. ,m .... .... ...
Catalog of Federal Domestic Assistance (CDA) Number and
Name: 97047
-------------- .. .,,
Whether the award is R&D; N/A >
Indirect cast rate for the Federal award: NIA
Packet Pg. 502
THIS AGREEMENT is entered into by the State of Florida Division of Emergency Management,
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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
to provide the services identified herein,,
B. The State of Florida received these grant funds from the Federal government, and the a
Division has the authority to subgFant these funds to the Sub-Recipient upon the terms and conditions ;=1
outlined below; and,
2
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
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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."
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Therefore, section 215 971, Florida Statutes,, entitled "Agreements funded with federal or state
assistance", applies to this Agreement.
(2) LAWS RULES REGULATIONS AND POLICIES
a The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part X
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200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
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b. As required by Section 215 971(1), Florida Statutes, this Agreement includes:
i A provision specifying a scope of work that clearly establlishes the tasks that W
the Sub-Recipient is required to perform. z
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ii A provision dividing the agreement into quantifiable units of deliverables that W
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 W
and the criteria for evaluating the successful completion of each deliverable. z
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.
rv. A provision specifying that the Sub-Recipient may expend funds only for W
allowable costs re!nulfing from obligations incurred during the specified agreement period. >
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v A provision specifying that any balance of unobligated funds which has been W
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
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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
(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
2
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. C14
b The Division's Grant Manager for this Agreement is,
Robert Collins, Project Manager z
FI Division of Emergency Management
2555 Shumard Oak BoWevard
Tallahassee, Florida 32399
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Telephone: 850-815-4552 W
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is.- 0
Mr, Jeffrey Manning, Senior Planner
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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
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Email: Manning-Jeff@MonroeCounty-FL Gov U
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d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party. W
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(4) &ND CONU11JONS
...............................................................- E
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
the original of this Agreement
(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 Z
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 X
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funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"
the period of agreement.
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(9) EUNDING
a. This is a cost,reimbursement Agreement, subject to the availability of funds. W
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b. The State of Florida's performance and obligation to pay under this Agreement is W
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contingent upon an annual appropriation by the Legislature, and subject to any modification in W
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution,
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c. The Division will reimburse the Sub-Recipient orij.y for a'i,owable costs incurred by the U
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Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outimed 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.
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d. As required by 2 C.F.R. §200,415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to IeQalllv bind the Sub-Recipient, W
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 E
purposes and objectives set forth in the terms and conditions of the Federal award I am aware that any
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Packet Pg. 505
fame, fictitious, or fraudulent Mormation, or the omission of any material fact, may subject me to criminal,
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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,
4 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. 2
§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 Z
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
fringe benefits as"allowances and services provided byemployers to their employees as compensation in X
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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
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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
the form of regular compensation paid to employees during periods of authorized absences from the job, W
such as for annual leave, family-related leave, sick leave, holidays,, court leave, military leave, Z
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administrative leave, and other similar benefits, are allowable if all ofthe following criteria are met: U
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1. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal W
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awards; and, Z
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iii. The accounting basis (cash or accrual) selected for costing each type of
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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 W
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Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474, As required by the Reference >
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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-
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Recipient seeks reimbursement for travel costs that exceed the amounts stated In section 11 2,061(6)(b),
Xm
Packet Pg. 506
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
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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.
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
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discerning whether a payment was proper,
(10)REg DS
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, X
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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
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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 W
required retention period but lasts as long as the records are retained, Z
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b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of W
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 W
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. Z
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
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purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter W
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119, Florida Statutes)and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show >
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its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or W
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 0
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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.
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
costs, or pass-through entity to extend the retention period.
iiia 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 C
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient U)
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 forte 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 Z
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as Computer usage charge back rates or composite fringe CO
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benefit rates). X
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d In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value. 0
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a. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept W
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paper versions of Agreement information to and from the Sub-Recipient upon request If paper copies Z
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are submitted, then the Division must not require more than an original and two copies When original U
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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 W
forms of electronic media provided that they are subject to periodic quality control reviews, provide Z
reasonable safeguards against alteration, and remain readable.
f, As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures M
to safeguard protected personally identifiable information and other information the Federal awarding
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agency or the Division designates as sensitive or the Sub-Redpient considers sensitive consistent with >
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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) C
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provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
Packet Pg. 508
basic requirements'. (1) meetings of pub1c boards or, commissions must be open to the public; (2)
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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
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
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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
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and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature,, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection
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The mere receipt of public funds by a private entity, standing alone is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become 0
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public records. Thus, the nature and scope of the services provided by a private entity determine whether W
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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
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documentation of all program costs, in a form sufficient to determine compliance with the requirements U
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and objectives of the Budget and Scope of Work-Attachment A - and all other appt4oable laws and
regulations :D
(1 1)AU DITS
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a. The Sub-Recipient shall comply with the audit requirements contained in 2 C F R >
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Part 200, Subpart F. W
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b. In accounting for the receipt and expenditure of funds under this Agreement, the
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Sub-Recipient shall follow Generally Accepted Accounting Principles("GAAP") As defined by 2 C.F.R
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Packet Pg. 509
§200,49, GAAP has the meaning specified in accounting standards issued by the Government
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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
6 If an audits ows 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. 2
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. z
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 W
OR
Office of the Inspector General
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2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100 W
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g. The Sub-Recipient shall send the Single Audit reporting package and For SF-SAC W
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to the Federal Audit Clearinghouse by submission online at: W
http-.//harvester.cenSLIS.gov/fac/collect/ddeindex.htmi
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h. The Sub-Recipient shall send any management letter issued by the auditor to the U
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Division at the following address:
DEMSingle—Audit@em.myflorida.com M
OR
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Off Ice of the Inspector General
2555 Shumard Oak Boulevard W
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Tallahassee, Florida 32399-2100
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(1 2)R9PP9Trm
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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-
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 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
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.
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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
Attachment F.
(13)MONITORING,
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as X
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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
0
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 W
quarterly report. z
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b. In addition to reviews of audits, monitoring procedures may include, but not be limited W
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 W
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is z
appropriate the Sub-Recipient agrees to comply with any additional instructions provided by the Division
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 W
Officer or Auditor General, In addition, the Division will monitor the performance and financial >
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management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. W
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(14)LIABILITY 0
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a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 2
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
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 C
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of 2
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.
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(15)DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the Z
Division to make further payment of funds shall terminate and the Division has the option to exercise any a
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
X
liable to make any further payment if, W
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
31:
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- <
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Recipient fails to keep or perform any of the obhgatlons, 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 W
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meet its obligations under this Agreement; W
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b. Material adverse changes occur in the financial condition of the Sub-Recipient at any W
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time during the term ofthis Agreement, and the Sub-Recipient fails to cure this adverse change within
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thirty days from the date written notice is sent by the Division, U
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c, Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information-, or,
d, The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement. W
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(16)REMEDIES W
If an Event of Default occurs then the Division shall, after thirty calendar days written 4i C
as
notice to the Sub-Recipient and upon the Sub-Re6pient's failure to cure within those thirty days, exercise E
any one or more ofthe following remedies, either concurrently or consecutively:
Packet Pg. 512
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
E
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,
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,
i1i Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
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costs for any activities in question or
iv. Require the Sub,Recipient to reimburse the Division for the amount of costs
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incurred for any items determined to be ineligible„
f Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
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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
the Division for any other default by the Sub-Recipient. 0
(17)TERMINATION W
a, The Division may terminate this Agreement for cause after thirty days written notice. z
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Cause can include misuse of funds, fraud, lack of compliance with applicable rules laws and regulations, W
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. W
b The Division may terminate this Agreement for convenience or when it determines, in z
its sote 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 W
through a written amendment of this Agreement. The amendment wili state the effective date of the >
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termination and the procedures for proper closeout of the Agreement. W
d. In the event that this Agreenient is terminated, the Sub-Recipient will not incur new 0
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obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
2
Packet Pg. 513
notification of termination. The Sub-Recipient will cancel as any outstanding obligations as possible. E
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
§§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
2
sufficient to detail the history of procurement. These records will include, but are not necessarily limited >
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200 318(b),, the Sub-Recipient shall"maintain oversight to N
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- Z
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or
X
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
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
0
(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
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with 2 C,F R §200.324, the Division will review the solicitation for compliance with the procurement W
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standards outlined in 2 C.F R. §§200.318 through 200.32 as well as Appendix 11 to 2 C.F.R. Part 200. W
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-
W
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a U
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competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
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constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains
W
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 W
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 E
the Division may:
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Packet Pg. 514
1. Terminate this Agreement in accordance with the provisions outlined in
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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
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
compiiance 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 willnot substitute its .2
2
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
C14
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 an applicable laws, reguiations, z
and agreement terms If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may X
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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 0
subcontract.
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f. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is z
W
bound by the terms of this Agreement, (d) the subcontractor is bound by all applicable state and federal U
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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
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Agreement, to the extent allowed and required by law, Uz
g As required by 2 C IF R §200 318(c)(1), the Sub-Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection award and administration of contracts
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h. As required by 2 C IF R §200 319(a), the Sub-Recipient shall conduct any
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procurement under this agreement"m a manner providing full and open competition Accordingly, the W
Sub-Recipient shall not:
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Packet Pg. 515
i, Place unreasonable requirements on firms in order for them to qualify to do
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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;
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 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
cv
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
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i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i e X
W
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes
k. The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(l)(b), 0
Florida Statutes.
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I. For each subcontract, the Sub-Recipient shall provide a written statement to the W
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Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288 703, W
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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 W
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firms").
(19)ATTACHMENTS
a. All attachments tothis Agreement are incorporated as if set out fully.
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b, In the event of any inconsistencies or conflict between the language of this cas
Agreement and the attachments, the language of the attachments shall control, but only to the extent of W
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the conflict or inconsistency,
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Packet Pg. 516
c. This Agreement has the following attachments,
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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
ix Attachment H- Certification Regarding Debarment
X Attachment I - Federal Funding Accountability and Transparency Act
xi Attachment J -- Mandatory Contract Provisions
2
(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-
N
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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 z
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
made on a reimbursement basis as needed X
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b. Invoices shall be submitted at least quarterly and shall include the supporting
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documentation for all costs of the project or services The fina'I invoice shall be submitted within sixty (60)
0
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- W
Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement z
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c. If the necessary funds are not available to fund this Agreement as a result of action U
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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 z
report within thirty days of receiving notice from the Division
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(21)REPAYa. MENTS
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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
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,
.2
2
(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 N
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 z
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
X
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
shall be null and void to the extent of the conflict, and shall be severe e, but shall not invalidate any other
0
provision of this Agreement.
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c. Any power of approval or disapproval granted to the Division under the terms of this
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Agreement shall survive the term of this Agreement W
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d. The Sub-Recipient agrees to comply w4h the Americans With Disabilities Act(Public W
Law 10 1- 36, 42 U,S.C. Section 12101 which prohibits discrimination by public and private
W
entities on the basis of disability in employment, public accommodations, transportation, State and local U
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government services, and telecommunications.
e, Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatMr vendor list may not submit a bid on a contract to provide any
W
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 W
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 E
Packet Pg. 518
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
E
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
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, .2
2
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
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g If the Sub-Recipient is unable to certify to any of the statements in this certification,
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
facsimile transmission) the completed "Certification Regarding Debarment, Suspension, X
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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. 0
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i. The Dmsion reserves the right to unilaterally cancel this Agreement if the Sub- W
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Recipient refuses to allow public access to all documents, papers, letters or other material subject to the Z
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provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this U
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Agreement
If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
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Agreement any interest income shall either be returned to the Division or be applied against the UZ
Division's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly emproys unauthorized alien workers, constituting a violation of the employment
W
provisions contair",(ed iin 8 US C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
W
('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
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Packet Pg. 519
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
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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
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
.2
branch, or a state agency U)
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. N
d. The Sub-Recipient cert4ies, by its signature tothis Agreement, that to the best of his
or her knowledge and ehet Z
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
a Member of Congress in connection with the awarding of any Federal contract, the making of any X
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Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
0
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be W
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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 W
connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." W
iii. The Sub-Recipient shall require that this certification be included in the Z
award documents for all subawards (including subcontracts, sub rants, 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 W
placed when this transaction was made or entered into. Submission of this certification is a prerequisite >
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for making or entering into this transaction imposed by Section 1352, Title 31, U S. Code. Any person W
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
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more than $100,000 for each such failure.
Packet Pg. 520
C.12.a
(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
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 g
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
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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
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
. 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-
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- t3
paid, nonexclusive ftense, for its use and the use of its contractors of any resulting patented copyrighted U
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. E
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Packet Pg. 521
(26)EQUAL OPPORTUNITY EMPLOYMENT
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a. In accordance with 41 §60-1 4(b), the Sub-Recipient hereby agrees that it will 2
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance 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
2
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 N
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 z
and applicants for employment, notices to be provided setting forth the
provisions ofthis nondiscrimination clause,
ii. The contractor will, in all solicitations or advertise ens for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without X
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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 0
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under W
this section, and shall post copies of the notice in conspicuous places
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available to employees and applicants for employment W
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iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders ofthe Secretary of Labor. W
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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,
regulations, and orders of the Secretary of Labor, or pursuant thereto, M
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of W
investigation to ascertain compliance with such rules, regulations, and
orders. W
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
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regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
21
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ineligible for further Government contracts or federally assisted 0
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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
C
to section 204 of Executive Order 11246 of September 24, 1965, so that M
such provisions will be binding upon each subcontractor or vendor The :2
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 noncompliance? C
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 2
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
cv
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
Z
work provided, that if the applicant so participating is a State of local government, the above equal
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 The Sub-Recipient agrees that it will assist and cooperate actively with the X
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administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor that it will furnish the administering agency and the Secretary of Labor such 0
2
information as they may require for the supervision of such compliance, and that it will otherwise assist W
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the administering agency in the discharge of the agency's primary responsibility for securing compliance Z
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d. The Sub-Recipient further agrees that it will refrain from entering into any contract or U
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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
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construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for UZ
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part 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
W
administering agency may take any or M of the following actions cancel, terminate, or suspend in whole
W
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 C
0
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assurance Of future compliance has been received from such Sub-Recipient; and refer the case to the
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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.
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 0
subcontractors to include these clauses in any lower tier subcontracts, 2
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 N
for termination ofthe contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
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9
(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 Z:
X
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
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours,
0
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
Z
in the work week The requirements of 40 U.S.C. 3704 are applicable to construction work and provide W
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that no laborer or mechanic must be required to work in surroundings or under working conditions which W
are unsanitary, hazardous or dangerous These requirements do not apply to the purchases of supplies
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or materials or articles ordinarily available on the open market, or contracts for transportation, U
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(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT M
0
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract a
W
that exceeds$150,000, then any such contract must include the following provisiom
W
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 E
the Environmental Protection Agency (EPA).
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Packet Pg. 524
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(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. § gj
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 §
180935).
ii The contractor must comply with 2 CY 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 her covered transaction it enters into,
Iii This certification is a material representation of fact relied upon 2
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
N
and/or debarment
iv The bidder or proposer agrees to comply with the requirements
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of 2 C F R. pt. 180, subpart C and 2 C F R pt 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer The bidder or proposer further agrees to include a <
provision requiring such compliance in its lower tier covered transactions
i,31),BYRD ANT11OBBYING AMENDMENT X
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M
If the Sub-Recipient, with the funds authorized by this Agreement enters into a contract,
then any such contract must include the following clause,
0
Byrd Anti-Lobbying Amendment, 31 U.S.0 § 1352 (as amended)
Contractors who apply or bid for an award of$100,000 or more shall file
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the required certification. Each tier certifies to the tier above that it will
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not and has not used Federal appropriated funds to pay any person or W
organization for influencing or attempbrig to influence an officer or U
employee of any agency, a member of Congress, officer or employee of W
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
W
U.S.C, § 1352 Each tier shall also disclose any lobbying with non® U
Federal funds that takes place in connection with obtaining any Federal Z
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award Such disclosures are forwarded from tier to tier up to the <
recipient
(32)CONTRACTING WITH SMALL AND MINORiTY BUSINESSES, W MEN'S BUSMESS W
(n
E N T E R P R.. .. . ....... ........... .....LA........E 0.R....S URPLUS AREA FIRMIS, >
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a, If the Sub-Recipient with the funds authorized by this Agreement seeks to procure W
goods or services, then, in accordance with 2 C.F.R. §20(Y321, the Sub-Recipient shall take the following
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24,
Packet Pg. 525
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
E
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;
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
Commerce-, and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
cv
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b, The requirement outlined in subparagraph a, above, sometimes referred to as
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socioeconom,,c contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The"socioeconomic contracting" requirement outlines the affirmative steps that the Z:
X
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Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
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steps to involves all and minority businesses and women's business enterprises. 31:
d. The requirement to divide total requirements, when economically feasible, into 0
2
smaller tasks or quantities to permit maximum participation by small and minority businesses,, and W
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women's business enterprises, does not authorize the Sub-Recipient to break a single project down into Z
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smaller components in order to circumvent the micro-purchase orsmall purchase thresholds so as to U
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utilize streamlined acquisition procedures (e,g. "project splitting").
(33)ASSURANCES.
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The Sub-Recipient shall comply with any Statement of Assurances incorporated as Z
Attachment C.
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Packet Pg. 526
C.12.a
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
SUB-RECIPIENT:
as
Y
Name and Title �
, ...
a®
Date:
a�
STATE OF
a�
FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
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By:
Name and Title Jared Moskowitz, Director
Date
a
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Packet Pg. 527
EXHIBiT— 1
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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
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 .2
A
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 N
0 31 CIFIR Part 205 Rules and Procedures for Funds Transfers
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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 x
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Agreement, or will be in violation of the terms of the Agreement.
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2 77
Packet Pg. 528
Attachment A
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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
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. U)
.5
PROJECT OVERVIEW:
As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator
C14
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) z
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
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TASKS&DELIVERABLES'
A. Tasks
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1 The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute
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 W
the Sub--Recipient's procurement policy, as well as all Federal and State Laws and Regulations All z
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procurement activities shall contain sufficient source documentation and be in accordance with all U
applicable regulations. W
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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 U
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construction plans presented to the Division by the Sub-Recipient and subsequently approved by the U
Division and FEMA z
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 W
(n
participating in federally funded projects >
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The selected contractor shall have a current and valid occupational license/business tax receipt issued W
for the type of services being performed
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Packet Pg. 529
The Sub-Recipient shall provide documentation demonstrating the results of the procurement E
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)1or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided tote Division by the Sub-
Recipient
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) 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 A. 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 Z
the completed project by the focal 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 inspections all 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 X
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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
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b) Local Building Official Inspection Report and Final Approval.
c) Signed and sealed copy ofthe As-built plans. W
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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 - W
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1. Affirming that the project has been completed in conformance with the approved project
drawings, specifications, and scope. W
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2. Certify Compliance with all applicable codes Z
f) All Product Specifications/ Data Sheet(s) (technical standards) satisfying protection requirements
on all products utilized
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
W
(n
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 W
contractor implemented measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer-
related waste during project work
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I) Verification letter or documentation showing the generator is protected to the 500-year(0 2%
annual chance)flood elevation,
29
Packet Pg. 530
j) Letter verifying that unusable equipment, debris, and material were disposed of in an approved
E
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 0
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 .2
2
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 Z
the contractors and subcontractors and pay the contractors and subcontractors for approved bills,
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 clet&.,,led information
X
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour W
including enough information to calculate the hourly rates based on payroll records Employee benefits
shall be clearly shown.
The Uvision shall review all submitted requests for reimbursement for basic accuracy of information. 0
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 shalt, verify that reported
W
costs were incurred in the performance of el giUe work, that the approved work was completed, and
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that the mitigation measures are in compliance with the approved scope of work prior to processing W
any requests for reimbursement U
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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 Sub-
Recipient and received by the Division at the times provided in this agreement prior to the processing W
of any reimbursement, Z
The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and
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 invo"aces which clearly display dates of services W
performed description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information, W
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b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, andfor vendor for
invoiced services; and
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Packet Pg. 531
c) Clear identification of amount of costs being requested for reimbursement as well as costs being
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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
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 or outlined in this
Agreement, the Division shall reimburse the Sub-recipient based on the percentage of overall project 2
completion.
PROJECT CONDITIONS AND REQUIREMENTS:
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A.
1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100%
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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 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
necessary supporting documentation, and provide a summary of all contract scope of work changes, if X
any. W
4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications andfor drawings
elaborated to complete the job, <
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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
W
been completed in conformance with the approved project drawings, specifications, scope, and
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applicable codes W
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6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) W
satisfying protect requirements on all products utilized.
7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade W
Specifications. All materials shall be certified to exceed the wind and impact standards of the current U
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local codes,
8) Product Specifications documentation satisfying protection requirements for all products utilized shall
be provided to the Division for closeout,
9) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and
W
requirements, and obtain (before starting project work) and comply with all required permits and (n
approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may >
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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 E
documentation provided to the division for closeout.
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Packet Pg. 532
11) The materials and work funded pursuant to this Su grant Agreement are intended to decrease the
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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
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 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
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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 Z
5) Unusabie equipment,, debris and materials all be disposed of in an approved manner and location. In
the event significant items (or evidence thereof) are discovered during impI'ementabon 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 63
federal agencies Verification of compliance is required at project closeout. Y
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6) Construction vehicles and equipment used for this project shall be maintained in good working order to W
minimize pollutant emissions. The contractor shall implement measures to prevents illage or runoff of
chemicals, fuels, oils, or sewer-related waste during project work.
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C Proarammatic:
1) The Sub-Recipient must notify the Division as soon as significant developments become known, such W
as delays or adverse conditions that might raise costs or delay completion, or favorable conditions Z
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allowing lower costs or earlier completion. U
2) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of W
the budget implications.
3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a W
need for additional funds" [44 CFR 13(c)), from the Division and FEMA. U
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4) Project is approved with the condition that the enclose d list of deliverables shall be submitted, 30-days
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 tothe expiration
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date Therefore, any request for a Period of Performance Extension must be in writing and submitted (a
along with substantiation of new expiration date, and a new schedule of work,to the Division a minimum >
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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 E
Packet Pg. 533
FINANCIAL CONSEQUENCES: E
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.
SCHEDULE OF WORK:
State contract execution process: 3 Months >
Procurement of Generator, Materials, and Labor for
3 Months
Install
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Selection of Contractor- Notice to 3 Months
Proceed
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Final De&gns I Order Generator
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and Materials: 3 oaths
Receive Generator, Remove Existing Unit, Install
4 Months
New Generator X
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Generator Start-Up and Testing: 2 Months
Final State/Local Inspections, Permits, and
6 Months 0
Reimbursement Request, 2
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Final Inspectilon/&oseout, 6 Months
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Total Period of Performance: 33 Months U
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BUDGET:
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Funding Summary z
Federal Share, $75,930 00 (751�X,.,)
Local Share $25,31000 L2 5'AG
Total Project Cost: 101,240.00 (100%)
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Line Item Budget*
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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 gj
Structural: $4,900.00 $3,675,00 $1,22500
Project Management: $19,240.00 $114,430.00 $4,810.00
Construction Trade Expenses: $8,100.00 $6,07&00 $2,02500 32
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 2
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.
C14
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. z
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Attachment 8
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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
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. 2
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 Z
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 Z:
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any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local W
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part 11, 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
0
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 W
Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land Z
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use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall U
be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with W
applicable codes, specifications and standards.
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The Sub-recipient will provide and maintain competent and adequate engineering supervision at U
the construction site to ensure that the completed work conforms with the approved plans and Z
specifications and will furnish progress reports and such other information to HMGP as may be required
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 W
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. W
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(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices: E
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(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 E
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
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 shad 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 U)
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set .5
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 N
participating in the NEPA process
As a reminder, the Sub-recipient'; must obtain prior approval from the State, before implementing z
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 FEM XA in advance regardless of the W
budget implications, and
(3) The Sub-recipient must notify the State as soon as sign1+ cant developments become
known, such as delays or adverse conditions that might raise costs or delay completion, 0
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 W
expiration date.
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The Sub-recipient assures that it will comply with the following statutes and regulations to the U
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extent applicable�
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(1) 53 Federal Register 8034 U
(2) Federal Acquisition Regulations 31 2 z
(3) Section 1352, Title 31,, US Code
(4) Chapter 473, Florida Statutes
(5) Chapter 215, Florida Statutes
(6) Section 768 28, Florida Statutes
(7) Chapter 119, Florida Statutes W
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(8) Section 216.181(6), Florida Statutes >
(9) Cash Management Improvement Act of 1990 W
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(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act E
(13) Section 286.011, Florida Statutes
Packet Pg. 537
(14) 2 CFR, Part 200— Uniform Administrative Requirements, Cost Principles, and Audit
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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
(23) 42 U,S.C, 5154a
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Attachment C
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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,
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 .0
the locality in which this program is situated, and no other public official of the locality or localities 2
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
interest pursuant to the purpose stated above, N
(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 Z
for eligible contract work completed prior to the date the notice of suspension of funding was
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
X
in such event; W
(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 W
wage rates for all hours worked in excess of forty hours in a work week.. and Z
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(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et se q , requiring that covered W
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. W
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if) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
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 W
otherwise subjected to discrimination under any program or activity for which the Sub- (n
recipient received Federal financial assistance and will immediately take any measures >
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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
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such property, any transferee, for the period during which the real property or structure is
Packet Pg. 539
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(2); Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties. as
(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
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
methods of repair or construction that will conform with the recon, ended 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 .0
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines 2
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: z
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 Z:
and be affected by such activities The SHPO will advise the Sub-recipient on any X
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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.
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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
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Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Sub-recipient shall forward information regarding the z
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treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the U
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may W
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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 U
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resolved U
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(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a"l of any
changes in the approved scope of work fora National Register eligiwble or listed property,
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP :D
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 W
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- W
recipient to stop construction in the vicin4y of the discovery of a previously unidentified W
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
Packet Pg. 541
used for a purpose for which the Federal financial assistance is extended, or for another E
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
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
.2
gives the appearance of being motivated by a desire for private gain for themselves or others, U)
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.S.C. 594, 598, 600-605 (further known as the Hatch Act) Z
which limits the political activities of employees;
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 X
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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;
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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 W
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that Z
certain SFHA requirements were satisfied on each of the properties, The Model W
Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha conditions,shtm U
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(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 W
"Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19 6 Z
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
specifications by the contractor,
(N) It will, in connection with its performance of environmental assessments under the National W
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 W
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 E
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
Packet Pg. 542
(2) Complying with alf] requirements estab'4(shed by the State to avoid or mitigate adverse E
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
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 ;=1
Rehabilitating Historic Buildings 1992 (Standards), the Secretary oft e Interior's r_
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register .2
2
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, inclu6ng, but not limited to z
subsurface disturbance; removal of trees, excavation of footings and foundations, and
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 Z:
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and be affected by such activities. The SHPO will advise the Sub-recipient on any W
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.
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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 W
Advisory Council on Historic Preservation (Council) publication "Treatment of
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Archeological Properties", The Sub-recipient shall forward information regarding the W
treatment plan to FEMAII the SHPO and the Council for review. If the SHPO and the U
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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 W
resolved, U
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(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any <
changes in the approved scope of work fora National Register eligible or listed property',
(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
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funded under this Agreement will affect a previously unidentified property that may be (n
eligible for inclusion in the National Register or affect a known historic property in an >
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unanticipated manner The Sub-recipient acknowledges that FEMA may require the Sub- W
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- E
recipient further acknowledges that FEMA may require the Sub-recipient to take all
Packet Pg. 543
reasonable measures to avoid or rriinimAze harm t,',) such property until FEMA concludes E
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;
(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 alcolhohsm, .2
2
(0) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 -S-C 290 dd-3 and
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; N
(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 Conservation Plan adopted pursuant thereto,, z
(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,
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(s) It will comply with Title Vill ofthe Civil Rights Act of 1968, (42 US C 2000c and 42 U S C 3601- W
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
race, color or national origin;
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M It will comply with the Clean Air Act of 1955, as amended, 42 U S C 7401-7642, W
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(u) It will comply with the Clean Water Act of 1977, as amended, 42 U,S.C. 7419-7626 z
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(v) It will comply with the endangered Species Act of 1973, 16 U.S C, 1531-1544 W
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U,S.C, 4728-4763;
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(X) It will assist the awarding agency in assuring compliance wit h the National Historic Preservation z
Act of 1966, as amended, 16 U.&C. 270;
(Y) It will comply with environmental standards which may be prescribed pursuant tote National
Environmental Policy Act of 1969, 42 US.C, 4321-4347;
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(Z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological >
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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; E
Packet Pg. 544
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe E
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-
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-
(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.S.C. 661-666,
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(ii,) With respect to demolition activities, it will:
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(1) Create and make available documentation sufficient to demonstrate that the Sub-
recipient and its demolition contractor have sufficient manpower and equipment to
comply with the obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon
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(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 0
Department. 2
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(4) Provide documentation of the inspection results for each structure to indicate: W
a Safety Hazard Present Z
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b Health Hazards Present U
c, Hazardous Materials Present W
(5) Provide supervision over contractors or employees employed by the Sub,recipient to
remove asbestos and lead from demolished or otherwise applicable structures W
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(6) Leave the demolished site clean,, level and free of debris, Z
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor's work
(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 W
Provide documentation of closures W
(10) Comply with mandatory standards and policies relating to energy efficiency which are 0
contained in the State Energy Conservation Plan issued in compliance with the Energy E
Policy and Conservation Act (Public Law 94-163),
42
Packet Pg. 545
Comply with all applicaNe standards, orders, or requirements issued under Section 112 E
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 shah be added to any subcontracts
(12) Provide documentation of public notices for demolition activities
as
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Attachment D
E
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
CITY: Key_ est STATE Florida ZIP CODE 33050
PROJ E�CT TYPE. PROJEC'I' M PDMC2018 014 (D
PROGRAM. CONTRACT 0062
0
APPROVED BUDGET: RlEDERAL SHARE: MATCH
ADVANCED RECEIVED WA AMOUNT: SETTLED?
Invoice Peiiiiod To Payment M
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.................................:.............
Eligib'lie AnIciunt 011�fliiigateid III:�:eidiaiall Obflgated Noin
1001% Aiiiiiount Feder6l Division Use Only z
(Curreii1 Requesi) Approve -Comments
X
TOTAL CURRENT REQUEST: $ W
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 0
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 W
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SUS RLC,1PIEN7 SIGNATURE: W
............ L)
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NAME/TITLE' DATL
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TO BE COMPLETED BY THE DIVISION U
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APPROVED PROJECT TOTAL $
ADMINiSTRATIVE COST $ GOVERNOR'S-AUTHORIZED REPRESENTATIVE
W
APPROVED FOR PAYMENT $ W
DATE W
E
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E
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
.............. ..................................................................._.-............................... ........
4 ......... lid-113......................................
. . ............... ... DATE'. .............. ............................................................................................................... ....................E N T A TI 0N'"" ...........................................................................................................................................
REF NO2 0 C UMca
AMOUNT
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f?e�cipieaf�s intemal numbier(e.g_ lnvoice,, R:eceipt, 'Warr tit, Vouchir�'v, Claim ,he,(,*, ic,,PrScihe',,�dule #)
Date, of delivet)r o,f aiticfes, c(.",)m letion of w otk or pe(fortn ance servh.",,es (per doloarnerit)
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(Recipienir s payroll, ma tie otit stm* recipie,nif awpwid eiquiprne tit and
na0V of vendor or�:,,onfraictor) by categiory(Materials, Labor. Fees) and line itemirithe a(,)proved proif.,ict fine E
item bactge . Provea isife,dmw , , s ,Me dates per each inivo.�Ce".
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C.12.a
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT as
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
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.
ESTIMATED EXPENSESIr-
Ir-
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
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 U
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 z
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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C.12.a
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATIONT PROGRAM
QUARTERLY REPORT FORM
Instructions Complete and submit this form to the appropriate Project Manager within 15 days of each �
crarter" ra date.
UB-RECIPIENT: Monroe Couurt v Il301C1C PROJECT M. PI] C-PJ-0 ®FL-2016®014
PROJECT TYPE: CONT'R CT#: B0062
PROGRA : QUARTER ENDING: �
Advance Payment Information
Advance Recetved® NIA'_ amount: Advance Settled?Yes 0 No E
Provide rerrnbursernent Projections for this project(projections may change): c
Jul-Sep 20 $ Oct-Dec 20 Jan-Mar 20� $ „ Apr-Jury 20m- �
Target Dates:
Contract Initiation Date' Contract Expiration Date. �
Estimated Project Completion Date
Project Proceeding on Schedule' [_] Yes No���(if No,please des(,rabe tinder Issues below)� �
Percentage of Work Completed (may be conflo rmed by state ihspeclors): y q� % �
Describe Milestones achieved during this quarter:
Provide a Schedule for the remainder of work to project completion (Milestones from Conti-act with estimated dates)
Milestone Date
a
Describe Issues or dreunistances affecting completion date, milestones„ scope of work, aindlor cost! U
Cost Status: Cost Unchanged Under Budget I3vsr Budget
ddi ional Co entsiElaboratiom
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Events
t�visirpra rwf Err?r rger „ lV1ar� rerraerat(OE1)staff rray perform pat craorr ycaur farruj' rurt/rr�rrurttttrwyv ttru°ars° t�
- ns ections r
y oc�c°ur betwem rwa�rterf reports, which have sr niricant i ,r t(%), such as ranttr,rlraied
overruns,
charagces in sor.-.)pay of work, etc. Please contact the Division as soon as these con(.-fittrar`s trrwa,r,wfne t niown,
otherwise you may be found non-compliant with your sub grant award.
Person Completing l::oirrn Rhone W
To 50 c rrr alet c #air ivision staff°-
Date Reviewed: Reviewer.
Actions �
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C
Attachment G 0
E
Warranties and Representations
Financial Mangiggment
C
The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the C
requirements of 2 C.F.R. §200, Part D Post Federal Award Requirements—Procurement Standards (2
C.F.R. §§200 317 through 200.326)
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Business Hours U)
.5
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 e on r ri a as
ap lice ble.
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Licensing-and-Permitting
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All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub-Recipient
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C.12.a
Attachment E
,i` 'Ce,<`r ,, 1 J ,,, �,✓��, i,/ </O r///i/� b AYg
,. , . f ;^,a: ,a.,ti ., ,.., >.,,,...,.�;,,,,, ,,,.,.,,,& ,�..,, e.,:..», r,.,�,,,,..:�a,.,rfr.� ,r�;�nui �,z.,�r..a.,xlw,rr�n.,r,wrn„G �l��.+„�r„ol��fr ��rrrxr iti,���.wrA`w.��iri,�§imwf�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 o
subcontractor shall attach an explanation to this form, 2
a�
SUBCONTRACTOR
N
y; Monroe County BOCC
Signature Sub-Recipient's Name
0062
Name and Title DEM Contract Number
P C- J-0 -FL-201 -01
Street Address FEM A Pro)ect Number
a
City, State Zip
Date
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Attachment I
E
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
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 0
out, signed, and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION C14
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 z
following information and return the signed for to the Division as requested.
PROJECT# iD,.1 04, R,2018-014
FUNDING AGENCY, Fe"deral Emergency Management Agency X
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AWARD AMOUNT- $ 75 00
OBLIGATIONIACTION DATE: 8126/2019
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SUBAWARD DATE (if applicable)
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DUNS#, 073877675 z
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DUNS# +4: W
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C.12.a
*If your company or organization does not have a DUNS number, you will need to obtain one from Dun �
Bradstreet at 0 -75-5711 or use the web form (httl,):ttfedgov.din .corni"weform). 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,
ADDRESS LINE 1
-.. .....
............
ADDRESS LIME 2
ADDRESS LIME 3`
CITY 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)
The Sub Recipients 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-
Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations, and Codes,
°
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 U
BUSINESS):
ADDRESS LIFE 1:
ADDRESS LINE 2, W
ADDRESS LINE : Z
CITY STATE ZIP CG E+4**
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE`
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**Providing the Zip+4 ensures that the correct Congressional District is reported, >
EXECUTIVE T INFORMATION:
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Packet Pg. 554
1 In your business or organization's previous fiscal year, did your business or organization (including E
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 2
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 —w
to the signature block below to complete the certification and submittal process.
2 Doe,,;, 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 ;=1
U S C 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes No [J
2
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
should be directed tothe local IRS for further assistance.] N
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 Z
below to report the "Total Compensation" fort a 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". Z:
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"Total CqMp�satio n" is defined as the cash and noncash dollar value earned by the executive during the most
recently completed fiscal year and includes the following:
L Salary and bonus. 0
2
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 W
Statement of Financial Accounting Standards No. 123 (Revised 2004) (FA S 123R), Shared Based Z
Payments. W
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iii Earnings for services under non-equity incentive plans. This does not include group life, health W
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hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and <
are available generally to aV salaried employees, U
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iv. Change in pension value. Thus is the change in present value of defined benefit and actuarial U
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pension plans.
v Above-market earnings on deferred compensation which is not tax-qualified.
vi Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds$10,000 W
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C.12.a
TOTAL COMPENSATION T LETED FISCAL YEAR
{Date of Fiscal Year Compieton
as
Total Compensation 1
(Highest to Name for Most Recently
Lo estj (Last, First, MI Title Completed Fiscal Year
.1
2
., ...... ......
4
C9
a�
THE UNDERSIGNEDCERTIFIES THAT ON THE DATEWRITTEN BELOW, THE INFORMATION
PROVIDED HEREINIS ACCURATE
SIGNATURE:
NAME AND TITI-Ei
AT
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Attachment J
E
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.
2
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C.12.a
The IDMislbn Ipiil Uhle f'dllloWIing lust of ri:� inn pile Ipiroviisior,�t tl°il may Ibe it '' tiirt;d: �
4)
ID)I)l-&&,xxn Aw_t"rsamnr M doa(40 ba„S. , auna .aw.u.ts'ms:r w.a ardtnna y aaalaaibla an
14 . ). a a� �by V arc rcan% t"a h�� a s ewe r �c utrac�'s �'�'or R�rRu. µrc:rr �
same smars of trntad.b.tgmamua ia.
In marm°ass of 22AW mim,rded by mau t"iasdrrmra.t (;P) FUl to tunTranattanmas Iftdo Under a. �
aruttttaas Must tmNuiultka a tarnnat.mttmma Corr mrrrnph. Contraa,at car m,aarmma,rt If the Fadmmra.t award
a ttaa Da:m-tm ttnac ara Aar t'.V U.81.1 aranaats tgsa daamtllmagttrmru:mat ghnandamm a anarmnanmrtw"
ttt µt144, and'311 m Ott as s ,jptnta rn t IIIIY under' Y �, 1401,2(Q and Um rmurtq;aaaant or
t:aff1m,jutzmaut of Labor r al tVatlom t2.9 GFR Kabrim-1ptontwIshas tol untan:r aiataa a, contract �3
Rmn t, Pt, ":Llstamer StandxnIq Pravvloom gi Al- vath a,nm 4t orym-
aMflin to d rnmm,trwmurts rAvlawl t attaarmagt ., rmnr,ataumma ruu ardtrng Ulm santrat»atnntmmm!mr at !M..r-
mmicad i Assisted ComitructlianI, Ln ; team" assIgumant or parforrml of axpari-
cordance with aqm sta a;ata, coatemtOrB rrmnn:s.t rrmarrtsat dAVQ11DPMDDth1, mmr mismIrch aua!tt
be uI,to pav m2gm to labwaraprs araad mane- ammo's° that, "t n l n aaq a mmn.a nt the rlo ap.l...
chantesat a rate rest Camas than t1w praa'ratta ngr ant or mbraelplant marmt wmmmrmplly aittAn the me...
rrisdaa a:a�tamaw vt q a.aar ,n In am ion, m;amlt�i=s Man by Na'q�o-sn't tgp'a " aaati�aw:az u to
at
d a;�ret".qt �ttr �mru:t.m;a,ttamrcm"
c�a'utr t'Air r'4 't a* rarfrx1rod to IIITMa'y a,"'s and :, t@ 'Buatmm t mn Under rnvam,•.
rumat'Imma t;1 mm csxr'on na W ak Th a ommma.-Faidaar k Trmt t mmats, Coutm^um�t.a! a.m id mPm�nm�rm,t�'M �
era tar'wan t ploper!a a" s"'rt :e t=at apra9 anew rd"":
vmlUgigl wage detart"rnIUS0'.1mrrrn tarp-ed by hams Do; ttn;an'ms limlizad by Ctrs aam:ar'atatw agaa r, . 0
DW in m' t of Lill in,eart'r sruttadtat4aa. Mae (0)Claan,hir Act.(!t'2:'U,S C."t' 'a 'd t'ft,.�arnd
daadstrarr to award a,mnmrr trnamnt orsutil than Pwil Wataar trroNutl"t'arn t otrol A (33 >
UM tip 100 nl u :ru o'4ora*vF�adn°a of tt'4 IC t ,at_t. t:) as aamaa I Oontract's gaud Gm
Umi,warm datermrnmataramn..`111a nun- aadaru,ion- sub grants oir armammumu'ts in mnamma�rm at t.'FIG,0.111
tatT mmxmt: ra;K& all aus csmrt. asr reported must wmannt a:arn aa, tprmmvr,samua ttms,t roqu.t as L;gmun'
v1trl n thn rimleml awarylimg,: aag'amao,y mon-Flederal award to agres to comply 'with �
The'contracts must "uiietudo a,prmslom all a.tmfuVtlI stamadards ordam or rmaprnnta
meat to thie l dam Act r-
aek1mck" Art., 00 Ut 0 45n AS sanPtnta... (42 tt.d,C, T-Krl att) and tJl9aa Vodarmst WMar Col
rup.( ated rP d, t`,ga'rn a :a tmant of labor r and
aitBu 2v�t�..MD°,, IMAM as must am ra irk 33 tr.t the
mi flora to t,tba, .�.
clonn'traclora as 'Puantwt tlt'unfldtrng or Pma'Icba Fadaral. a a,l 4garmy :vend t:'hia Regaa,aa
Work VIDAmamil as Whola ar En part by Iq arus Moo errs the Ran,arrnan uitat ntiac.,Uazn
or Graataa t"ra m ttuan 71 m dart, afI(LZFA)
turaargdaa that, em-,,h ranaatrua for or su'tr.,, M) kanUtory standards mild pataanaas Ire-
ox.1plill R t ba probe mad 'laramn tu mru at, Tatirg to eaang'y 'e°t'l •tuac' m m mreaa.,,
by may rmnwararaa any war`"tea aarnploywt in tdra tarrmart•amn this state anorgy m^aan,naamrution ptarn Q
ro'mst„rums al um„ourn' ta'taa'a,air-roFtli„'at trfabitc t nirld trm comillAlanem With the Emmirl t°amt:tic:y
work to g1ra up m;,tw part of ttuam rra rap mu'sa- aat,t onsarra''ttrana Act Q42 US t;t; El
(o-:
Van to artma,m^t he gar she m otharlmnsA annti,Ui _ P,r°t grtilt amino. 'ruustsa':rura:rua t R me urm CIO
no man-tu"admarawt amnttttt rro'aust re part rst�t sus.- Ordurs MIQ ama,d %) A il award 2
t ated r ;9d wramrtataorvs to t,'.tma t eda:ramd ttmam M �p a t us mnanat bo mmaauiam to parr.,. x
a'maar tm, ntmuatirta r'r,ona'ded W
p�m'M� aa'rrt�a'ut(0) U.S
�r'uaru�uu��1"1rM �ma:van�d. x���nptj'a'ty rvau�"���mpct'�laas List
I::p�y�x�a ut�m�w�rmnm anm.'Cann System for�.�gµn. nga„°�d..
tamrndarras Rant ('ffi') UudN.0 61MII rota•M'N i�WMij M hare Ua'karni�a Irmm4t(13AI M). to atoord�rtMnF,"r wnilth th's
a Fpp;tti^aabu,a,„all raa'mrtra,cts awan , by heat rearm_ tVt'AE drrr'da't:m e s at!?,t',F R 120 tt'uma.t trau tamann
treedaarua,t antity in excess or stoitp,JtM t ak In- tnac'acuttrara Orll a' FMB tqt EIR IMS
avaNa th.o arnrtwgG runaarut rfmrnmaaraarAcs,wrr°Iganib r- run. p 199),, and 'n. t,'d CPR Pant JIM""
amrs mm.nnast, ':Luell�u ,ra a t;prlravasnirara for rammupit:a; a� l tm„'235),"" 'ebarn'mot mul Susimminjon,
with tdt tt. .0 =1 arrd 3704, as mipplarmman'te t "'nzia t"trc tand,u t Parties Um, ;y^stermn im ut.dtt �
of]G'aaao'rar rigu4tA uaa n,29 01,11L clantAins tt:aa namas of p'anwt'tas debarrod,sl W
Part 5q Umler 40 U .C, !dt as the Azt„ aa,ttm pendad,or ottnaramrtsmm eaatrn'atad b ' "''males,as �
darts^ismwt:m,mu,%t tmaa re qut'.red.to loomrmputam Ile wallais partim d'mwatarad taiGutqI rander'stata
la,i ns of a vItl m banl, d,an Laborer���° to tho
s rearm'o ttrraatorty an thort'ty a'taaar Camara E.11
of aWork.'m:a: s of tha sta izud work araadtw:a s t:"t) Byrd .dt:m!tt•,;a..aafatu:a':a.n g A,mnaatgmant �31,
par-mtuara bT'd
'.atble aurcmnatdiama that tho wortrar s amamm. U.5, ,:C MRZ)-....Co Contractors tlna,'t aantm' 'a'r^ 'tuWi[A p�
at a rate ant maut Was tta mu nmrmru and'a fo,r an award,of VC0,0'130 or mnaaure must,Me the Q
half taarrmarw the tnastc ratan rmt"If,Ry for a:tt t'rmrwa s required m*'ar.tttarua"t,to n. ttouamntm tar nruamtttte'a to �3
worked To luxem at "ttq bours pmu. ttae work the tier, almaaap Uust it, a!rttt not and bias not
week,The requirarrmanata'or 40 U.S.C, 2'7 are nrsanl Paidarat a prant,prta,til iNandi to pay any u
apptgm rite taut'comstructiam'wror,k end;vrovidia person, or organization for t;a:tlquiu':rmr0I or,sit,
Lbar, nnam 'Lim,boraur a'r a a nwir�q.a,annatar musttmap re- tan'rngtA ng tin trr uummn,c;ap uan offl,00r or amrratwgrcn�apau �3
rpumma,and q work to raurnrnramidt:nu„ts or rnrmrtar of any a4m:na ro as nrnwmumutpnar at Coup
,miss,matttm: r �
aw rorkarne, 'carnntttalum s, maq'.m:tK;:tr aria m:a:nn;snanm:ata,r„a., or armmtttmpy mn of Mun r gas,or an aaur trm a Po at a
haaardran'na or dangrarlous.Tta'aasa requn.treuraaratss rrnam bar at Cor,%masa^s to connection, aratt:a oh..
do not apply tal t.tae tpurc;tnasaa;s of 'sutw',dn les ran' t ntt rant 'a;mu,V Pimill cill grant or rang
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Wilher I ccr arod by 1P U S C, INPI, PA,oh p1t 4owitimad remail wm.�mw, an riI
thar miasr, aho disclimse, I lljbhyrvgg, widi &N.2 d9V01oI]:kn'wnt antIvIltic
eS thmill; are spon
non-Fadaral NmN thAt takial pllace Lia cov- sanxi by FodmmJ and mm-Irmlaml agmelea,
RW.�t'IDTI %1t2A ltilb�til &By pojnrwjj md, 111.11%1 s RCAUTJRM.-�.act I'AL
'Saxi-r iftsclorim-as aromaftwwardmi ifficivi twer to ILjQ8 Jnrl tjJAI trjtaj[JFy,"('r!(
UAr'up 1g)Lim III pol'aral award, ralled im C
i K)SMY fZM RA2 Procia..T arena nt of n aam:uwr,ar err of trainju-9:11 whero mac h irlictlyttles at:11til 48
09&LMA Owl Rim as I roswrich:and&
70opirrignt aiculvftlas And wbarp "I I
Apri-.vmr.x M1 rise • t1m, are no:L InialudaA gn tim Inatziluctma runim-
AM.) tion
Aissirc.mM-VN"P. AND ]RATS DEXTHRAMUNA"r M UlnfirpW(gr univarch nwawl, all rim.---aardla
"TrIN �jp Hrr I �,RHR amid dGiralicipmant actilivitlas t&%t AM 50PIL-
EDISCAT[GN �,HEES) rately budgetwA and at,limanUml, for by thia na,, fJ
s titution undar,marl Inimmal atIP11111311 IOU I CO C
A.GLjG�jff'jUkjr'
stitimtknial tands UnjLV1Qr%11ky riw.wach, for
I appand1z pinvIcUms criteria far vilenti parperms of tWa docamnent, irmist, tag cam-
' i, ''' b1i I sponcorad omwcucIrl midar the 1)"nig awmid campluttlag 1whilf.mit lor va. froct
ip&A)) rat'As at (InstgUrAlons'), Ind.1ril FWMIC1010n Oforpintud rweil
IFA,A),colts as tAnse tbat are luilil For V-(AfAv sxnurprod acelvlain inuams preprains
WManon ar' k"M ObJ101i amid therefore and PrOjfli by, Flle&rimil airld I,maxii.
crazimA be i.dantihilml realh[' Podaral ivwIenwilas mid arranizaTAwns wtirch in
F and, spacilleally C
wltb a, part1rralar sromwir%xl project, marl, z:n-- viihra tho EkWormajoice I wark other Qlaxi in 0
MA"Isirtkinal airtlylty, or I othu mslfflm-� sfamencin airrid organual msaan:h, F.xanjptpA
f such prilgirlarm wiff prnj�;;ii ars hemith
Uumal mictivity, Sim, m1bmition R 1" I)OF"In't I >
11an of 1,1241,13t1as meal ActmAmIstmil,tion, for, A
nit.mil as,.uian I tl.aA compon"Dous Of lndjj"WsJL rg'tI Rat%'jt1jwjI
Fphl me lzridwtowAl llhy tho
eau l support, thay ii bo
,I Mayor F"uIlI sofan fnallfutron otharwastiltutiomal
arrYaas LOI AnstraCrIl0q, I ,auto- r�f j
ilmmiuhiapuA acHmims migam 0 ale,
. IjL%
mnutmid iYaseatftil @A�jr.,,pr, f, E C14
Abar SpOmFored mctxyrjtji�.w��and othAar Im"Law. n r mitrue
I mctl1vltias as deftA. fro LWS Shwt!10111 rlan:. dapartnmntal rx-nmarch, arpaximod re
as tsrrwuaanertaruma• miamixi the txaachiuv �Kr,l,j saarch,and athipir sjjxinroriad,activiftes as dio-
W.-mialry actmhes out On Institutgovi E-1y.capt fired UA thilis 5011iiUmu 111d.Jrect g,F&A)locist ne
Fi',r rassairch traimang, as, primidod irii sally-, I 1clentlifted In III ApplOndir pax^m-
traa. p .R IdentliI mid flImIgurnara1 of In
b,U'21:1&10713 111cliulas tiasichM,; Mg
anid 'rI h
U-3011MIMg&CtF,7T%1QT,$, WL19till,Q)�r tj.j.i are Offared dwil (IMA) oasts '%old
Vor croffits tiorwarwl a dim-gi 0jr iaaartjnicmu; ar (imallitlim (1,mvxibed In, f2lh)462 SZ%NMaIT,,&)d,
I a nan 4,1,r;dft, tiasms, and whell1alar they airip fiervIcs ftel 110108 or term s RMS1,"
ndaf acmdornic" daparl- Ey"ampliall of oth'ar mututizonAl ACUNPURNS offered through rell
rmes,Az Iair wparmLe idlywans, wis at sum- Inntimile operat'.1an of randm!nicia ImIlls, duung
milar Ri dlvlslon or an ex Ujin3lon ih III IIAHF, hiGSPItWls aml nAHI .student unions.,
ALM consildermd part I them; mQ01,
a., , run"'tilain
athlotivs bookstom, s,Imaulty
ww dkqwUiamal rwari Ia tm1"
-gro I umilvervty riaspzria!�, uW ,' musimmim and c)Qw
x
w
aIlnd tratolitrip rnpa Arrvftlrr ta IK III airy antwqlvl,&4��y,'J'bm daftnitum
cAlvuj es-, 1�0 "�(�r2QS I
Aj%V �$'Lhj
Sr-MCMIC LITWIll or C�Zrtapjp
tabRithwIl by grant cimiltrac.,'t, or agm:1jeraflya Wos, cilisu.; of, wbich mre ''unaillowable"', tla
iWrmoiman For 11,parpmI ajj� I I p111n- I'aderat awards, undam; otharww�.,w uarflr,iRAM
clja as. TJJAg� mtAvricy may bq conmidarNA a In ian awaird,
1 0
MAJOT flumathin ovan though aLl�l tn!'�]Wtutlon's at.("mimpi;for Ond'Ill'buit"on
rmWu(munting Uestment Frai midluds n, im Lila
In.strill IlNrnctlon la, Base peruAd, AL baw. penod For distribla.
12) Doparim.I revArreh njamm resaaruh, I of Arid.wract nF&Aii ,tom is Lila 1fmmrraeald w
&%Ii0opmanz =4 SChOlArly actIMUes th:,%t dwing wbitQh tho 008te, are Ineurric—I The Iii—
I riot organiml riwaarch and, con limse parjoid nugmadly flroiuFd colimimldo with z
w
mriantly, Mlle not SopirarAy bliulptiad and tbie f1scaIi yoar astabluhart by tho trmututlan, U
AX-MOURLI&I f0r. Mpartmiantail resexroh, for Nat in RnY mat Um lhaso pamod shoulid to, ,use
pinrpalspm of I dociijimant, im mir.wil;coms1dioli'Vid salloCted as to aurvild Rvexp3tUes In t JD jihs,L w
M &MI ALVICLIDWR but as a wirt of tho ul tirl h Litton of'Q;ws ts w
struchon h metan:uat of the umt2tuilljon, I.i. Nppd for cost iVYaq.A%ry Tho merl ob.
b,, Orpamr.ml viesnarch means all ncpareh. j nwtt ve of the i wuhriec L(P&A j, vilist aJ ocattcm
and devOopiTmic acti,urtri,pq raw 's a proms4T. Is Ito idlistiributa the MdArw�,,t (IMA', w
. &ft ��jj_,t��I tj I01
thot are sapar"Wirely badpowc.1 and acommitw.M CoMs dmcirlWr J�a 134NjiLlion R,
rar It inchrlas, mind amngwnant of Indirelat (P&jkl icmsts, to z
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Packet Pg. 559