Project No. FMA2016-013 01/22/2020 S�URT4\11
ai-o--abN Kevin Madok, CPA
... Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: February 11, 2020
TO: Rick Griffin,Building Official
Building Department
Michelle Yzenas, Executive Assistant
Building Department
FROM: Pamela Haricot. 1I).C.
SUBJECT: January 22nd BOCC Meeting
Enclosed are two originals of the following item, executed on behalf of Monroe County,for
your handling:
D l 1 Subaward and.Grant Funding Agreement For FEMA Flood Mitigation.Assistance
Grant FMA-PJ-04-FL-2016-013 for El7bieta Krysztofiak, owner of properties at 1512/1514
Duncombe Street, in the City of Key West, FL in the amount of$222,697.81 (83%of total project
costs estimated to be $268,774.29) for demolition of existing structure and reconstruction of
structure elevated 2.8' above the base flood elevation requirement, eliminating the potential for
repetitive flood insurance claims.
Once the state has signed the document please provide our office with a duplicate original
for the record. Should you have any questions,please feel free to contact me at(305)292-3550.
cc: County Attorney
Finance '
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Jared Moskowitz
Governor Director
February 25, 2020
Mr. Karl Bursa
Monroe County
102050 Overseas Highway
Key Largo, Florida 33037
Re: Project Number FMA2016-013
Monroe County
Flood Mitigation Assistance
Dear Mr. Bursa:
Enclosed is the executed Flood Mitigation Assistance Grant Program (FMA)
Agreement (DEM No. B0058) between Monroe County and the Division of Emergency
Management. Upon completion of the work identified in the Agreement, a Request for
Reimbursement form (Attachment D) should be completed and submitted to the Division for
processing with Paragraph (9) of the Agreement . Please return to:
Susan Harris-Council, Program Manager
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
If you have any specific questions regarding the contract or the Request for
Reimbursement form, please contact Susan Harris-Council at (850) 815-4532.
Respectfully,
Miles E. Anderson
Bureau Chief, Mitigation
MEA:mm State Hazard Mitigation Officer
Enclosure
D I V I S I O N H E A D Q U A R T E R S Tel: 850-413-9969 • Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaUisasteL rg 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
FMA2016-013
APPENDIX C-1 -Grants/Subgrants
DIVISION OF EMERGENCY MANAGEMENT
GrantlGrant and Aid Subgrant Routing Sheet
DEM Contract/Grant Number: B0058 Mod##: Date Initiated:
Project Manager/Contact Person: Susan Harris-Council QX-1 Phone: 850-815-4532 a , aaaa
Return to Grants Specialist: Martha Mashburn WIN Phone: 850-815-4528
Division Approval: _ Date: . t I- A-W Date Div Director
Subgrantee/Funding Source: Monroe County Received:
Effective Dates: DOE thru 10/30/20 Amount: $222,697.81
Type of Agreement: A)Grant B)G&A Subgrant Agreement _New Agreement
C)Loan Agreement D)Other(explain)
Routing:
First Review—Finance: Dot ® e'v
6V
• D v
Fiscal Mgmt Signature:
:
First eview—Legal: �l
y ON (lit rrt cei ed-
4.
3!
a Review d
Legal Si at e.
g gn
Second Review—Finance Date Received
Date Reviewer(':y
Fiscal Mgmt Signature:
Second Review—Legal: Date Received
Date Reviewed
Legal Signature:
Distribution: 1 -Division/Bureau with Original Agreement 2-Grants with Original Agreement 3-Fiscal Mgmt with Copy of
Agreement
Revised 03/14
APPENDIX D
SUBGRANJEEAND CONT,RACTUAL,AGREEM ENT,INFORMATION SHEET
SECTION 1-GENERAL CONTRACT/GRANT INFORMATION
CONTRACT# B0068, AWARD AMOUNT: $222,697.81
DIVISION: DEM BUREAU: Mitigation PROGRAM: 1=MA2016-01
SUBGRANTEEICONTRACTOR NAME: Monroe County.
FEDERAL EMPLOYER INDENTIFICATIONISOCIAL SECURITY NUMBER: 59-6000372
OR
FLAIR FUND IDENTIFICATION NUMBER:
(STATE AGENCIES ONLY)
SUBGRANTEEICONTRACTOR CONTACT PERSON Mr. Karl Bursa
SUBGRANTEEICONTRACTOR REMITTANCE ADDRESS
Monroe County
102050 Overseas Highway
Key Largo, FI 33037
DEM CONTRACT MANAGER: Susan Harris-Council, Project Nignaaer
BEGINNING DATE: DOE ENDING DATE: October 30, 2020
MINORITY VENDOR CODE; (If Applicable, choose one: H-Black, I-Hispanic,J-Asian, K-Native American, M-
Woman)
SECTION 2-SUBGRANT RECIPIENT DATABASE INFORMATION
ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY:
COUNTY COUNTY AWARD AMOUNT COUNTY MATCH AMOUNT
Monroe County $222,697.81 $46,076.48 _
SECTION 3-SUBGRANT/CONTRACT FINANCIAL INFORMATION
DEM GRANT M 8025F CFDA#97,029 CSFA# nla
ORGANIZATION LEVEL: 318005-02-000 EXPANSION OPTION: 04
FUND:20-2-261037 OBJECT CODE:780002 GAA LINE ITEM: CATEGORY: 105865
GRANT REPORTING REQUIREMENTS: QR (Grant Awards Only)(MO-Monthly, QR-Quarterly, NA)
IF THIS IS A MODIFICATION;
MODIFICATION#:NIA
EFFECT OF MODIFICATION:
AMOUNT OF INCREASE/DECREASE IN AWARD AMOUNT:
(Be sure to complete SECTION 2 for change in award amount)
SECTION 4-FINANCE USE ONLY(completed by Finance)//
FEID#: FLAIR ENCUMBRANCE#: �P� INPUT BY: DATE:
Department of Financial Services
Division of Accounting and Auditing—Bureau of Auditing
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR N.ONSTATE ORGANIZATIONS-
RECIPIENT/SUBRECIPIENT VS.VENDOR DETERMINATION
NoTwEo A Notice of. Rule Development for amendments to Rule Chapter 691-5, Florida Administrative Code
(F.A,C.), State Financial Assistance,has been published in the Florida Administrative Register. An updated version
of Form DFS-A2-NS will be incorporated in the final rule.
This form and other Florida,Single Audit Act forms may be obtained from the Department of Financial Services'website
(lrI/Ps://Q pps;hills,cola/saa1.
Fillable form. Click in the applicable Word table cells(shaded areas)to enter the requested information.
State agencies must use the Florida Single Audit Act State Project Determination Checklist (Form DFS-
A2-PD) to evaluate the applicability of the Florida Single Audit Act (FSAA) to a state program (i.e.,the
program is a state project as defined in section 215.97(2), Florida Statutes (F.S.)). If the state agency has
not completed the required Form DFS-A2-PD, complete it before beginning the recipient/subrecipient vs.
vendor determination for the nonstate organization.
For each nonstate organization receiving state project resources, the state agencies, recipients, and
subrecipients disbursing such resources must complete this Florida Single Audit Act Checklist for Nonstate
Organizations - Recipient/Subrecipient vs, Vendor Determination (Checklist). Completion of this
Checklist assists state agencies,recipients, and subrecipients in evaluating the applicability of the FSAA to
the nonstate organization and in determining whether the nonstate organization is a recipient or subrecipient
or a vendor.
When a recipient or subrecipient relationship is determined to exist, state agencies, recipients, and
subrecipients must include in the document that establishes the recipient or subrecipient relationship with
the nonstate entity the applicable audit requirements referenced in Audit Requirements for Awards of State
and Federal Financial Assistance,Form DFS-A2-CL,including Exhibit 1. State agency program personnel
are responsible for notifying the state agency's finance and accounting office of awards to nonstate entities.
Disbursements of state financial assistance to those nonstate entities must be coded in the Florida
Accounting and Information Resource(FLAIR) system as object code 7510.
Name of Nonstate Organization Monroe:COUNTY
Type of Nonstate Organization LOCAL GOVERNMENT-COUNTY
Enter type as nonprofit,for-profit,or local government. If the nonstate organization is a local government,indicate the type of local
government(e.g.,municipality,county eonunission,constitutional officer,water management district).
Awarding Agency _ Federal Emergency Management
Title of State Project --- Elevation -
Catalog of State Financial 97.029
Assistance(CSFA)No.
Contract,Grant,or 13Q058
Agreement No.
DFS-A2-NS Page-1-
Rev. June 2018
Rule 691-5.006,F.A.C.
FLORIDA SINGLF,AUDIT ACT CHECKLIST FOR NONSTATE ORGANIZATIONS-
RECIPIENT/SUBRECIPIENT VS.VENDOR DETERMINATION
Part A-Relationship and Applicability of the FSAA
For each state project identified for inclusion in the CSFA, analyze the state agency's relationship with
each nonstate organization receiving program resources to determine the applicability of the FSAA.
Yes No Enter "X"for all that apply,
X 1. Is the nonstate organization a district school board; charter school;Florida College System
institution or state university as defined in section 1000,21,F.S.;a governmental body outside
the state of Florida;or a federal agency?
X _ 2. Is the relationship with the nonstate organization only to procure commodities(as defined in
section 287.012(5),F.S.)?
X 3. Does the relationship with the nonstate organization consist of only federal resources,state
matching resources,or local matching resources for federal programs?
4. Does the relationship with the nonstate organization consist of only state maintenance of
effort(MOE)resources that meet all the following criteria(Questions A through C)? MOE
refers to the federal maintenance of effort or level of effort requirements as discussed in 2
CFR 200 §306 and Appendix XI,Section 3.1-G.
A. The federal regulation specifies the requirements for the use of the state MOE resources
and there are no additional state requirements?
B. The contract(s)contains language to identify the state MOE resources and the
associated federal program?
C. The audit requirements of 2 CFR 200 §501 apply to the state MOE resources and the
contract(s) stipulates that the resources must be tested in a 2 CFR§200.501 audit in
accordance with federal program requirements?
If any of the answers to Part A, Questions 1 through 4, above is Yes, the FSAA is not applicable to this
nonstate organization based on the state agency's relationship with the nonstate organization. However,
agency responsibilities pursuant to section 215,971, F.S., and other guidelines for the management of
contracts and agreements with the nonstate organization should be further evaluated by completing the
recipient/subrecipient vs.vendor relationship analysis in Part B.
DFS-A2-NS Page-2-
Rev.June 2018
Rule 691-5.006,F.A.C.
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NONSTATE ORGANIZATIONS-
RECIPIENT/SUBRECIPIENT VS.VENDOR DETERMINATION
Part B-Recipient/Subrecipient vs.Vendor Relationship Analysis
For each state project identified for inclusion in the CSFA, analyze each nonstate organization receiving
program resources to determine whether there is a recipient/subrecipient or vendor relationship.
Yes No Enter 'W„for all that apply.
1. Does state law or legislative appropriation,including proviso,direct the nonstate organization
to carry out this state project?
2. Is the nonstate organization required to provide matching resources not related to a federal
program?
3. To receive state resources,is the nonstate organization required to comply with specified
state project requirements? (State project requirements include laws,rules,or guidelines
specific to the state project such as eligibility guidelines,specified types of jobs to be created,
donation of specified assets,etc. Specified state project requirements do not include
procurement standards,general guidelines,or general laws and rules.)
4. Is the nonstate organization required to make state project decisions which the state agency
would otherwise make(e.g.,determine eligibility,provide case management)?
5. Is the nonstate organization's performance measured against whether state project objectives
are met(e.g.,number of jobs to be created,number of patients to be seen,number of
disadvantaged citizens to be transported)? The nonstate organization's performance
measures may or may not be related to state performance-based budgeting.
If any of the answers to Part B, Questions I through 5, above is Yes, there is a recipient/subrecipient
relationship and the state agency must comply with section 215.971, F.S., and other guidelines for the
management of contracts and agreements with the nonstate organization. Also, the nonstate organization
is a nonstate entity subject to the FSAA,unless the FSAA has been determined as not applicable in Part A
above.
If all the answers to Part B,Questions I through 5,above are No,the nonstate organization is a vendor and
is not subject to the FSAA. Characteristics indicative of a procurement relationship between the state
agency and a vendor are when the nonstate organization: (a)provides the goods and services within normal
business operations; (b) provides similar goods or services to many different purchasers; (c) normally
operates in a competitive environment; (d)provides goods or services that are ancillary to the operation of
the state project; and (e) is not subject to compliance requirements of the state project as a result of the
contract or agreement,though similar requirements may apply for other reasons.
DFS-A2-NS Page-3-
Rev. June 2018
Rule 691-5.006,F.A.C.
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NONSTATE ORGANIZATIONS-
RECIPIENT/SUBRECIPIENT VS.VENDOR DETERMINATION
Part C- Conclusion
Based on analysis of the responses in Parts A and B above,and through discussions with state
program personnel, state your conclusion regarding the relationship with,and the applicability of
the FSAA to,the nonstate organization.
Name of Nonstate Organization
Enter `X"to indicate the Recipient/Subrecipient vs. Vendor Relationship and Applicability of the FSAA.
Recipient/Subrecipient: FSAA Applicable Vendor: FSAA Not Applicable
Comments --
Name MARTHA MASHBURN Phone 850-815-4528
Title GRANT SPECIALIST V Email —ca.M+t�hbur+t
Signature Date 09/26/19"
For questions regarding the evaluation of a nonstate organization or tf it has been determined that the nonstate
organization is a recipient or subrecipient subject to the FSAA and a CSFA number has not been assigned, contact
.your FSAA state agency liaison or the Department of Financial Services, Bureau of Auditing, at
FSAA ail!I FlortdaCF0.com or(850)413-3060:
DFS-A2-NS Page-4-
Rev.June 2018
Rule 69I-5.006,F XC.
RESOLUTION NO. 380 - 2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ELECTING A MAYOR/CHAIItPERSON AND MAYOR PRO TEM.
WHEREAS, it has become necessary for the members of the Board of County
Commissioners of Monroe County,Florida,to elect a Chair and Vice Chair;and
WHEREAS, by Ordinance 3-1981 and Special Act of the Legislature, ch. 65-1931, the
County Commission Chair shall be referred to as the"Mayor"and the Vice Chair shall be referred
to as the"Mayor Pro Tem';now,therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COIVNUSSIONERS OF
MONROE COUNTY,FLORIDA:
Section 1.. That Commissioner _ Heather Carruthers is hereby designated
Mayor and Chairman of the Board of County Commissioners of Monroe
County, Florida.
Section 2. That Commissioner Nichel'1.e Coldiron is hereby designated
Mayor Pro Terri of the Board of County Commissioners of Monroe
County,Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida,at a regular meeting of said Board held on the 20 ft day of November,2019.
Mayor Carruthers Xen rr-
,;, rTT
Mayor Pro Tem Coldiron Y-ew- M 2
Commissioner Ho:.hage Absent ca
CominissiamerRic® Yes :Z- q
Commissioner Murphy Yes
BOARD OF COUNTY COMMISSIONERS
A t: KEVIN MAIlOXX Clerk OF MONROE COUNTY,FLORIDA
y
Deputy Clerk ayorlChairperson
MONROE OOU. error Er
APPRO
R `` prl i.t1 1 A.
Agreement Number: B0068
Project Number: FMA2016-013
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a"subaward may be provided through any form of legal agreement,
including an agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass-through entity" means"a non-Federal entity that provides a
subaward to a Sub-Recipient to carry out part of a Federal program."
As defined by 2 C.F.R, §200.93, "Sub-Recipient" means"a non-Federal entity that receives a
subaward from a pass-through entity to carry out part of a Federal program.". -
As defined by 2 C.F.R. §200.38, "Federal award" means"Federal financial assistance that a non-
Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R. §200.92, "subaward" means"an award provided by a pass-through entity to a
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Sub-Recipient's name: Monroe County _
Sub-Recipient's unique entity identifier: 59-6000749
Federal Award Identification Number(FAIN): EMA-2016-FM-E001
Federal Award Date: 8/14/2019
Subaward Period of Performance Start and End Date: Upon Execution thru 10/30/20
Amount of Federal Funds Obligated by this Agreement: $222,697.81
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $222,697.81
Total Amount of the Federal Award committed to the Sub-
Recipient by the pass-through entity $222,697.81
Federal award project description (see FFATA): Mitigation Reconstruction Project
Name of Federal awarding agency: FEMA
Name of pass-through entity: A Division of Emergency Management _
Contact information for the pass-through entity: Robert Collins, Project Manager
Catalog of Federal Domestic Assistance(CFDA) Number and
Name: 97.029
Whether the award is R&D: NIA
Indirect cost rate for the Federal award: N/A
1
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Monroe County,
(hereinafter referred to as the"Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B, The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below;and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance", applies to this Agreement.
(2) LAWS RULES REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required by Section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment, Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period,
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
2
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Susan Harris-Council, Project Manager
FI Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850-815-4532
Email: Susan.Harris-Council em.rn florida.corn
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
Mr. Karl Bursa, Chief of Floodplain Reg Operations
Monroe County
102050 Overseas Highway
Key Largo, Florida 33037
Telephone: 305-453-8759
Email: Bursa-Karl@MonroeCounty-fl.gov
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.
3
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(7) SCOPE OF WORK.
The Sub-Recipient shall perform the work in accordance with the Budget and Scope of
Work,Attachment A of this Agreement.
(8) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end on October
30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (17) of this
Agreement. Consistent with the definition of"period of performance" contained in 2 C.F.R. §200.77, the
term "period of agreement" refers to the time during which the Sub-Recipient"may incur new obligations
to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-
Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the
period of performance." In accordance with section 215,971(1)(d), Florida Statutes, the Sub-Recipient
may expend funds authorized by this Agreement"only for allowable costs resulting from obligations
incurred during"the period of agreement.
(9) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement("Budget and Scope of Work"). The
maximum reimbursement amount for the entirety of this Agreement is$_222,697,81_
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
4
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S, Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A,
that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a"performance goal', which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." it also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award,"
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200,430 ("Compensation---personal
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness,failure of the employer to provide sufficient work, or other similar cause(see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as"allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an
established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
iii. The accounting basis(cash or accrual) selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
5
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j, As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount(including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10)RFCORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5) fiscal years from the date of
6
completion of grant cycle or project. The following are the only exceptions to the five (5)year
requirement:
i. if any litigation, claim, or audit is started before the expiration of the 5-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient.
V. Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
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.
e. in accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted,then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
7
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties, If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement,the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
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.
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
public records. Thus,the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work-Attachment A-and all other applicable laws and
regulations.
(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
8
§200.49, GAAP"has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance.
e. The Sub-Recipient shall have all audits completed by an independent auditor,which
is defined in section 215.97(2)(i), Florida Statutes, as"an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit compiled with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
9
(12)REPORTS
a. Consistent with 2 C.F.R. §200,328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b, Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
c. The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in
Attachment F.
(13)MONITORING.
a, The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A to this Agreement, and reported in the
quarterly report.
b, In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition,the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
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(14)LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient
shall hold the Division harmless against all claims of whatever nature by third parties arising from the
work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16)REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
11
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to;
i. Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
(17)TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty calendar day's prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
12
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible,
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of
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 C.F.R.
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R. §200.3-18(i), the Sub-Recipient shall"maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R, §200.318(b), the Sub-Recipient shall"maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub-
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or
procurements by small purchase procedures pursuant to 2 C.F.R, §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub-Recipient within three(3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k),the Division will not substitute its judgment for that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
13
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
solicitation.
e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three(3)
business days. Consistent with 2 C.F.R. §200.324,the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200,318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
subcontract.
f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is
bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall"maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full and open competition." Accordingly, the
Sub-Recipient shall not:
14
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
H. Require unnecessary experience or excessive bonding;
iii, Use noncompetitive pricing practices between firms or between affiliated
compan ies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
V. Authorize,condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
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.
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(1)(b),
Florida Statutes.
I. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses,women's business enterprises, and labor surplus area
firms").
(19)ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
15
c. This Agreement has the following attachments:
L 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
A. Attachment J—Mandatory Contract Provisions
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services, The final invoice shall be submitted within sixty(60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-
Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
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(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336, 42 U.S.C. Section 12101 et secl.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations,transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminates vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
17
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Sub-Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
if. 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;
if!. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph
(22)f. ii. of this certification; and,
iv. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local)terminated for cause or default.
g. If the Sub-Recipient is unable to certify to any of the statements in this certification,
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub-Recipient shall send to the [Division (by email or by
facsimile transmission)the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment H)for each intended subcontractor which Sub-
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against tbf,-
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 employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S,C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INK)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
18
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S,C, 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer OF employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
19
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a, If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such
property exists, The Division shall then, under Paragraph (24) b., have the right to all patents and
copyrights which accrue during performance of the Agreement.
d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable,fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes.
(25)LEGAL AUTHORIZATION.
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
20
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
N. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations,or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
21
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided,that if the applicant so participating is a State or local government, the above equal
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
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
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
22
assurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable,which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.G. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation,
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds$150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
23
(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.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv, The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD_ANTI-LOBBYING AMENDMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment, 31 U.S,C. § 1352 (as amended).
Contractors who apply or bid for an award of$100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
24
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible;
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement,permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i, through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The"socioeconomic contracting" requirement outlines the affirmative steps that the
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g, "project splitting").
(33)ASSURANCES.
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
25
IN WITNESS WHEREOF,the parties hereto have executed this Agreement.
SUB-RECIPIENT: Monroe Coun ;; )4.
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Name and Title: Hea er arruthers, Mayor ,; - 5 XLLt"„
Date: zy� s.o �•, Mk.CLERIC
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT •
ICBy: IE. Anderson, for •
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Name and Title: Jared Moskowitz, Director cg ,:
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Date: 9.,1.'1 .yra ` c
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26
EXHIBIT-1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Emergency Management Agency: Pre-Disaster Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97.029
Award amount: 1222,697.81
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264
! 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
1. Sub-Recipient is to use funding to perform the following eligible activities:
• Mitigation Reconstruction Project
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
27
Attachment A
Budget and Scope of Work
Homeowner: Elzbieta Krysztofiak
Property Address: 1512 Duncombe Street, Key West, Florida 33040
Homeowner: Elzbieta Kryszlofiak
Property Address: 1514 Duncombe Street, Key West, Florida 33040
STATEMENT OF PURPOSE
The purpose of this Scope of Work (SOW) is mitigation reconstruction of two residential properties located
in Key West, Florida 33040; funded through the Flood Mitigation Assistance Grant Program (FMA) FMA-
PJ-04-FL-2016-013 as approved by the Florida Division of Emergency Management (Division) and the
Federal Emergency Management Agency (FEMA).
The Sub-Recipient, Monroe County, agrees to administer and complete the project per the scope of work
as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-
Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations and Codes.
PROJECT OVERVIEW:
As a Flood Mitigation Assistance Grant Program (FMA) project, the Sub-Recipient proposes to demolish
the two residential structures and to construct new elevated structures having the first floor elevation at
least 2.8 feet above the Base Flood Elevation (BFE) in compliance with local ordinances. The square
footage of a resulting structure shall be no more than 10 percent greater than that of the original structure.
The new elevated structure should comply with the National Flood Insurance Program requirements, the
Florida Building Code and all applicable local codes and permitting requirements. The areas below the
lowest floor must be used solely for parking of vehicles, building access or storage.
TASKS&DELIVERABLES:
A. Tasks
1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute
a contract with the selected bidder to complete the scope of work as approved by the Division and
FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the
Sub-Recipient's procurement policy as well as all federal and state laws and regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the Sub-Recipient and subsequently approved by the
Division and FEMA,
The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for
the duration of the work, The contractor shall maintain all work staging areas in a neat and presentable
condition.
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from
participating in federally funded projects.
28
The selected contractor shall have a current and valid occupational license/business tax receipt issued
for the type of services being performed.
The Sub-Recipient shall provide documentation demonstrating the results of the procurement process.
This shall include a rationale for the method of procurement and selection of contract type, contractor
selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form"for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-
Recipient.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform
services. The Sub-Recipient shall provide a copy of a current and valid occupational license or
business tax receipt issued for the type of services to be performed by selected contractor.
2) The Sub-Recipient shall monitor and manage the demolition and construction of each property
subjected to or in danger of repetitive damage. The project shall be implemented in accordance with
the approved scope of work previously presented to the Division by the Sub-Recipient and subsequently
approved by the Division and FEMA.The Sub-Recipient shall ensure that all applicable state, local and
federal laws and regulations are followed and documented, as appropriate.
The project consists of the general construction and furnishing of all materials, equipment, labor and
fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. i
The Sub-Recipient shall fully perform the approved project, as described in the submitted documents,
in accordance with the approved scope of work, budget line item, allocation of funds and applicable
terms and conditions indicated herein. The Sub-Recipient shall not deviate from the approved project
terms and conditions.
Construction activities shall be completed by a qualified and licensed Florida contractor. All
construction activities shall be monitored by a qualified engineer. The Sub-Recipient shall complete the
project in accordance with all required permits. All work shall be completed in accordance with
applicable codes and standards.
Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of
the completed project by the local municipal or county official, or other approving official, as applicable.
The official shall inspect and certify that all installation was in accordance with the manufacturer's
specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-
Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient
supporting documentation, and provide a summary of all contract scope of work and scope of work
changes, if any. Additional documentation for closeout shall include:
a) A copy of the Local Building Official Inspection Report and Final Approval, as applicable.
b) A copy of the Certificate of Occupancy issued by the local authority.
c) A copy of Elevation Certificate before mitigation, if available.
d) A copy of the Elevation Certificate after mitigation.
e) As-built drawings showing that the square footage of the newly constructed and elevated structure
does not exceed 10 percent of the original square footage.
f) All Product Specifications/Data Sheets(s) (technical standards) satisfying protect
requirements on all products utilized, as applicable.
29
g) Signed notices from the affected property owner in the SFHA that the Sub-Recipient will record a
Deed Notice applicable to their property, as described in section (h), below, and that they will
maintain flood insurance.
h) Confirmation that the Sub-Recipient (or property owner) has legally recorded with the county or
appropriate jurisdiction's land records a notice that includes the name of the current property owner
(including book/page reference to record of current title, if readily available), a legal description of
the property, and the following notice of flood insurance requirements:
"This property has received Federal hazard mitigation assistance. Federal law requires that flood
insurance coverage on this property must be maintained during the life of the property regardless
of transfer of ownership of such property, pursuant to 42 U.S.C. §5954a, failure to maintain flood
insurance on this property may prohibit the owner from receiving Federal disaster assistance with
respect to this property in the event of a flood disaster. The property owner is also required to
maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and
City/County Ordinances."
(i) Verification that the property located within a SFHA is covered by an NF1P flood insurance policy
to the amount at least equal to the project cost or to the maximum limit of coverage made available
with respect to the particular property, whichever is less.
(j) Letter verifying that unusable equipment, debris, and materials were disposed of in an approved
manner and location. The letter shall also include 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) Letter verifying if any asbestos containing material, lead-based paint, or other toxic materials were
found during construction activities, and that the Sub-recipient complied with all federal, state, and
local abatement and disposal requirements. Notice of Demolition or Asbestos Renovation forms
and confirmation that any ACM were taken to an authorized landfill for such materials shall be
provided, if applicable.
(1) Proof of con pliance with Project Requirements and Conditions contained herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each
reimbursement request attesting to the completion of the work,disbursements or payments were made
in accordance with all agreement and regulatory conditions, and that reimbursement is due and has
not been previously requested.
The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are
accurate and any contracted services were rendered within the terms and timelines of this agreement.
All supporting documentation shall agree with the requested billing period. All costs submitted for
reimbursement shall contain adequate source documentation which may include but not be limited to:
cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time
and attendance records, contract and subcontract award documents.
Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by
the contractors and subcontractors and pay the contractors and subcontractors for approved bills,
30
I
invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division
in coordination with the Sub-Recipient. Quarterly reports shall be submitted by the Sub-Recipient and
received by the Division at the times provided in this agreement prior to the processing of any
reimbursement.
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, The requests for
reimbursement shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services
performed, description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information;
b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
C) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount;
The Sub-Recipient's final request for reimbursement shall include the final construction project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B) Deliverables
Mitigation activities for this project consists of demolishing two existing residential structures located in
Key West, Florida 33040, to construct new elevated structures having the first floor elevation at least
2.8 feet above the Base Flood Elevation (BFE) in compliance with local ordinances. The square footage
of a resulting structure shall be no more than 10 percent greater than that of the original structure.
The new elevated structures should comply with the National Flood Insurance Program requirements,
the Florida Building Code and all applicable local codes and permitting requirements. The areas below
the lowest floor must be used solely for parking of vehicles, building access or storage.
Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of
overall project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
31
C) Engineering
1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100%complete
and ready for the Division's Final Inspection of the project.
2) The Sub-Recipient shall provide a copy of the Certificate of Occupancy issued by the local authority
and/or a copy of the local official Inspection Report and/or Final approval; as applicable.
3) The Sub-Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, if
available.
4) The Sub-Recipient shall submit a copy of Elevation Certificate prepared after mitigation.
5) The Sub-Recipient shall provide as-built drawings showing that the square footage of the newly
constructed and elevated structure does not exceed 10 percent of the original square footage.
6) The Sub-Recipient shall submit all Product Specifications/Data Sheet(s) (technical standards)
satisfying protect requirements on all products utilized.
7) All installations shall be done in strict compliance with the Florida Building Code or any local codes and
ordinances,All materials shall be certified to exceed the wind and impact standards of the current local
codes,
8) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may
jeopardize federal funding.
D) Environmental:
1) Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements,
and obtain (before starting project work)and comply with all required permits and approvals. Failure to
obtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize
federal funding. If project work is delayed 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,shall require resubmission to the Division and FEMA for National Environmental Protection
Act (NEPA) re-evaluation before starting project work.
3) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any potential
archeological resources are discovered, shall immediately cease construction in that area and notify
the Division and FEMA.
If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal
implements, historic building materials, or any other physical remains that could be associated with
Native American, early European, or American settlement are encountered at any time within the
project site area,the project shall cease all activities involving subsurface disturbance in the immediate
vicinity of the discovery. The Sub-Recipient shall contact the Florida Department of State, Division of
Historical Resources, Compliance Review Section at (850) 245-6333, and the Division's State
Environmental Officer within 24 hours of the discovery. Project activities shall not resume without verbal
and/or written authorization from the SHPO, the Division, and FEMA.
In the event that unmarked human remains are encountered during permitted activities, all work shall
stop immediately and the proper authorities notified in accordance with Florida Statutes, Section
872.05,
32
4) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In
the event significant items (or evidence thereof) are discovered during implementation of the project,
Sub-recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic
waste in accordance to the requirements and to the satisfaction of the governing local, state,and federal
agencies. Verification of compliance is required at project closeout.
5) If any asbestos containing material, lead-based paint, or other toxic materials are found during
construction activities, the Sub-Recipient shall comply with all federal, state, and local abatement and
disposal requirements. The Sub-Recipient shall provide Notice of Demolition or Asbestos Renovation
forms and confirmation that any ACM were taken to an authorized landfill for such materials.Verification
of compliance is required at project closeout.
6) Construction vehicles and equipment used for this project shall be maintained in good working order to
minimize pollutant emissions.
E) Programmatic:
1) The Sub-Recipient must notify the Division as soon as significant developments becomes known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower costs or earlier completion.
2) The Sub-Recipient must "obtain prior written approval for any budget revision which would result
in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
3) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the
expiration date. Therefore, any request for a Period of Performance Extension shall be in writing
and submitted along with substantiation of new expiration date, and a new schedule of work,to the
Division a minimum of seventy (70) days prior to the expiration date, for Division processing to
FEMA.
4) The Sub-Recipient must avoid duplication of benefits between the FMAP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR
206.191.
FINANCIAL CONSEQUENCES.
If the Sub-Recipient fails to comply with any term of the award, the Division shall tape one or more of the
following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
33
BUDGET
Funding Summary
Federal Share: $222,697.81 (82.85681268%)
Local Share: $46,076.48 (17.14318732%)
Total Project Cost $268,774.29 (100%)
Line Item,Budget
Elzbieta Krysztofiak Local Share/
1512 buncombe Street Total Federal Share Homeowner Costs
Key West, Florida 33040 Project Cost 90% 10%
Pre-Award Costs $4,613.66 $4,152.29 $461.37
Construction Costs $108,540.28 $97,686.25 $10,854.03
Pre/Post Construction Costs $8,171.00 $7,353,90 $817.10
Tenant Displacement Costs $13,276.00 $11,948.40 $1,327.60
Grant Management Costs $6,499.38 $5,825.46 $673.92
TOTAL PROJECT COSTS: $141,100.32 $126,966.30 $14,134.02
Elzbieta Krysztofiak Local Share/
1514 Duncombe Street Total Federal Share Homeowner Costs
Key West, Florida 33040 Project Cost 75% 25%
Pre-Award Costs $4,613.65 $3,460.24 $1,153.41
Construction Costs $97,947.32 $73,460.49 $24,486.83
Pre/Post Construction Costs $7,374.00 $5,530.50 $1,843.50
Tenant Displacement Costs $11,879.00 $8,909.25 $2,969.75
Grant Management Costs $5,860.00 $4,371.03 $1,488.97
TOTAL PROJECT COSTS: $127,673.97 $95,731.03 $31,942.46
SCHEDULE OF WORK:
State/Local Contract Process 2 Months
Engineering/Inspection 1 Months
Permitting 1 Months
Bids/Demolition/Construction 9 Months
Final Inspection/Acceptance 1 Months
Closeout 3 Months
Total : 17 Months
This is FEMA project number FMA-PJ-04-FL-2016-013, Monroe County Mitigation Reconstruction Project.
The Period of Performance(POP)for this project shall end on October30, 2020.
34
Attachment 8
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement.
In addition to the above statutes and regulations, the Sub-recipient must comply with the
following:
The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A(Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therein,the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient
shall comply with any and all applicable codes and standards in performing work funded under this
Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Sub-recipient and
any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part If, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and
any development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection,the Florida Department of
Health,the Florida Game and Fish Commission, and any Federal, State, or local environmental or land
use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall
be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
The Sub-recipient will provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the completed work conforms with the approved plans and
specifications and will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property shall record in the public records of the county where it is located the
following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or
from which a structure will be removed pursuant to the project.
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
35
(2) No new structure will be erected on property other than:
a. a public facility that is open on all sides and functionally related to a designed open
space;
b. a restroom; or
(3) A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
(4) After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
(5) If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44 CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of Work(SOW) shall be reviewed by all State and Federal agencies
participating in the NEPA process.
As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
(1) For Construction projects, the grantee must"obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13(c));
(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the
budget implications; and
(3) The Sub-recipient must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion,
or favorable conditions allowing lower cost or earlier completion. Any extensions of the
period of performance must be submitted to FEMA sixty days prior to the project
expiration date.
The Sub-recipient assures that it will comply with the following statutes and regulations to the
extent applicable:
(1) 53 Federal Register8034
(2) Federal Acquisition Regulations 31.2
(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
(8) Section 216.181(6), Florida Statutes
(9) Cash Management Improvement Act of 1990
(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act
(13) Section 286.011, Florida Statutes
36
(14) 2 CFR, Part 200—Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(18) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(19) Victims of Crime Act(as appropriate)
(20) Section 504 of the Rehabilitation Act of 1973, as amended
(21) Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990)
(22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part 39
(23) 42 U.S.C. 5154a
37
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Sub-recipient or its designees or agents, no member of the governing body of
the locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient
for eligible contract work completed prior to the date the notice of suspension of funding was
received by the Sub-recipient, Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under this Agreement
unless previously approved in writing by the Division. All Sub-recipient contracts shall contain
provisions for termination for cause or convenience and shall provide for the method of payment
in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers(including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with
(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
otherwise subjected to discrimination under any program or activity for which the Sub-
recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the Sub-
recipient,this assurance shall obligate the Sub-recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
38
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
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;
0) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605(further known as the Hatch Act)
which limits the political activities of employees;
Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase"Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.govlgovernmenta/grant/sfha_conditions.shtm
(k) It will require every building or facility(other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19.6
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;
(1) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C.470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966(16 U.S.C. 469a-1, et seq.) by;
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects(see 36 CFR, Section 800.8) by the proposed activity; and
39
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office,the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal
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
Rehabilitating Historic Buildings 1992(Standards),the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Sub-recipient
agrees to participate in consultations to develop, and after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites, and the salvage, storage,and
reuse of any significant architectural features that may otherwise be demolished.
(5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Sub-recipient on any
feasible steps to be accomplished to avoid any National Register eligible archeological
property or will make recommendations for the development of a treatment plan for the
recovery or archeological data from the property.
If the Sub-recipient is unable to avoid the archeological property, develop, in consultation
with SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Sub-recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Sub-recipient to implement the treatment plan. If either the Council or the
SHPO object, Sub-recipient shall not proceed with the project until the objection is
resolved.
(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub-
recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Sub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all
40
reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will
require, and the Sub-recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the property.
(7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements of the
PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a
historic property, or having the legal power to prevent it, allowed such significant adverse
effect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-
1683 and 1685-1686)which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C. 4821 et seq.)which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of
race, color or national origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
(aa) It will comply with the Rehabilitation Act of 1973, Section 604, 29 U.S.C. 794, regarding non-
discrimination;
41
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles lI and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638,which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988(Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Sub-
recipient and its demolition contractor have sufficient manpower and equipment to
comply with the obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in the Sub-recipient's jurisdiction to detect the presence of
asbestos and lead in accordance with requirements of the U.S. Environmental Protection
Agency, the Florida Department of Environmental Protection and the County Health
Department.
(4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Sub-recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor's work.
(8) Obtain all required permits.
(9) Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
(10) Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act(Public Law 94-163).
42
(11) Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act(42 U.S.C. 1857h), Section 508 of the Clean Water Act(33
U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities.
43
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
SUB-RECIPIENT: Monroe Count
REMIT ADDRESS: 102050 Overseas Highway
CITY: _ Key Largo STATE: Fl ZIP 33037
PROJECT TYPE: PROJECT* FMA2016-013
PROGRAM: CONTRACT#: B0058
APPROVED BUDGET: FEDERAL SHARE: MATCH:
ADVANCED RECEIVED: NIA AMOUNT: SETTLED?
Invoice Period: To Payment#:
Eligible Amount Obligated Federal Obligated Non
100% Amount Federal Division Use Only
(Current Request) % _% Approved Comments
TOTAL CURRENT REQUEST: $
By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and
conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any
material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or
otherwise. (U.S. Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812.
SUB-RECIPIENT SIGNATURE:
NAME I TITLE: DATE:
TO BE COMPLETED BY THE DIVISION
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
44
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MTIGATION ASSISTANCE PROGRAM
SUB-RECIPIENT: Monroe County PAYMENT#:
PROJECT TYPE: PROJECT#: FMA2016-013
PROGRAM: CONTRACT#: B0058
REF W02 DATES DOCUMENTATION 4 (Check) ELIGIBLE
AMOUNT COSTS
100%
1
2
3
4
5
6
7
8
9
This payment represents % completion of the project. TOTAL
2 Recipient's internal reference dumber(e,g„ Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule#)
s Date of delivery of articles, completion of work or performance services. (per,document)
4 List Documentation(Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor)by category(Materials, Labor, Rees) and line item in the approved project line
item budget. Provide a brief doscription of the articles or services. List service dates per each invoice.
45
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT., Monroe County
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 EXPENSES
BUDGET CATEGORYILINE ITEMS 20 -20�Anticipated Expenditures for First Three
(list applicable line items) Months of Contract
For example
ADMINISTRATIVE COSTS
(include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the
need for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety (90)days of the contract term. Support
documentation should include quotes for purchases, delivery timelines, salary and expense
projections, etc.to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety (90) days of the contract term. Any advance funds not
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, 2665 Shumard Oak
Boulevard, Tallahassee, Florida 32399,within thirty (30) days of receipt, along with any interest
earned on the advance.
46
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
Instructions:Complete and submit this form to the appropriate Project Manager within 95 days of each
uarter's end date,
SUES-RECIPIENT: Monroe County PROJECT#: FMA-PJ-04-FL.-2016-013
PROJECT TYPE: CONTRACT M R0058
PROGRAM: QUARTER ENDING:
Advance Payment Information:
Advance Received ❑ WA❑ Amount: $ Advance Settled?Yes❑ No❑
Provide reimbursement Projections for this project(projections may change):
Jul-Sep 20_ $ Oct-Dec 20 $ Jan-Mar 20_ $ Apr-Jun 20� $
Target Dates:
Contract Initiation Date: Contract Expiration Date:
Estimated Project Completion Date:
Project Proceeding on Schedule? ❑Yes ❑ No (if No,please describe under Issues below)
Percentage of Work Completed (may be confirmed by state inspectors): %
Describe Milestones achieved during this quarter:
Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates)
Milestone Date
Describe Issues or circumstances affecting completion date,milestones, scope of work,and/or cost:
Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget
Additional Comments/Elaboration:
NO TE; Division of Emergency Management(OEM)staff may perform interim inspoctions and/or audits at any time.
Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated
overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known,
otherwise you may be found non-compliant with your sub grant award.
Person Completing Form: Phone:
To be completed by Division staff
Date Reviowed; Reviewer.'
Actions:
47
Attachment G
Warranties and Representations
Financial Management
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
requirements of 2 C.F.R. §200, Part D--Post Federal Award Requirements—Procurement Standards (2
C.F.R. §§200.317 through 200,326).
Business Flours
The Sub-Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from: 8:00 AM-5:00 PM, Monday Thru Friday, as
applicable.
Licensing and Permitting
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.
48
Attachment H
Subcontractor Covered Transactions
(1) The prospective subcontractor,
of the Sub-Recipient certifies, by submission of this document, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
(2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR
By: Monroe County
Signature Sub-Recipient's Name
B0058
Name and Title DEM Contract Number
F MA-PJ-04-F L-2016-013
Street Address FEMA Project Number
City, State, Zip
Date
49
Attachment I
Federal Funding Accountability and Transparency Act
Instructions and Worksheet
PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA) was signed on
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
federal awards(federal assistance and expenditures) be made available to the public via a single,
searchable website, which is http:/Mrww,usaspending.gov1.
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management("FDEM" or"Division") must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment
Act of 2009, Pub, L. 111-5).
Note: This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion.All pertinent information below
should be filled out, signed, and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub-
award (Agreement)that obligates$26,000 or more in federal funds as described above. Please
provide the following information and return the signed form to the Division as requested.
PROJECT#: FMA-PJ-04-FL-2016-013
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $222,697.81
OBLIGATION/ACTION DATE: 08/14/2019
SUBAWARD DATE (if applicable):
DUNS#: 073876757
DUNS#+4:
50
*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME: MONROE COUNTY BOCC
DI3A NAME(IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1: 1100 SIMONTON ST
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY KEY WEST STATE FL ZIP CODE+4** 33040-3110
PARENT COMPANY DUNS#(if applicable): 073876757
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT(Up to 4000 Characters)
The purpose of this Scope of Work(SOW) is mitigation reconstruction of two residential properties located
in Key West, Florida 33040; funded through the Flood Mitigation Assistance Grant Program (FMA) FMA-
PJ-04-FL-2016-013 as approved by the Florida Division of Emergency Management(Division) and the
Federal Emergency Management Agency(FIRMA).
The Sub-Recipient, Monroe County, agrees to administer 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.
Verify the approved project description above, if there is any discrepancy, please contact the project
manager.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4**
CONGRESSIONAL DISTI�ICT_FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
1, In your business or organizations previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a)80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal
51
financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to
the Transparency Act, as defined at 2 CFR 170,320; , (b)$25.000,000 or more in annual gross
revenues from U.S. Federal procurement contracts(and subcontracts)and Federal financial
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc,)subject to the
Transparency Act?
Yes ❑ No[N
If the answer to Question 9 Is "Yes,"continue to question 2. If the answer to Question ? is "No",
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes ❑ No❑
If the answer to Question 2 is"Yes," move to the signature black below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at httpllwww.sec.govlanswerslexecomp.htm. Requests for Internal Revenue Service
(IRS)information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "Ala" FFATA reporting is required. Provide the information required
in the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR„
appearing below to report the "Total Compensation" for the five(5)most highly compensated
"Executives", in rank order, In your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as"officers, managing partners, or other employees in management positions".
"Total Compensation' is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans.This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value.This is the change in present value of defined benefit and actuarial
pension plans.
V. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation(e.g. severance,
termination payments, value of life insrirance paid on behalf of the employee, perquisites or
property)for the executive exceeds $10,000,
52
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion
Rank Total Compensation
(Highest to Name for Most Recently
Lowest) Last, Firs MI Title Completed Fiscal Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNAT RE:
NAME AND TITLE: TINA BORN, SR. DIRECTOR BUDGET& FINANCE
DATE: CR 15 Z -
53
Attachment J
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
54
OMB GWdanco Pt 200,App, 11
(D)Davt tern Act,ws amended(40 L1.4V. ] tO119b;or articles ordlAU11,7 available on
WhaatrequivW by Pa&ra1 p]wMan the upon fnnarkeL, or oontrac€o for Gran or-
l'�gisfataon,ali,pu°iMG Construction i ontaacts tat]on or trarunnismoil of 1ntra hgPnCC%_
it excess of$Ifm awarded by non-F°eieural (P Rights to I.nvontlow Matslk Undatr a
Vatitio rauust indlide a pvDVI.siam for utrarai]li- Contract or Agr€maxilent.If the Radoral award
an:o wltla Elie Davts llzwon Act (oil 'U,S,C, ma€its tho d9fi]nition of'f€indiatg agr>aornont"
M14114. and 3146-, 49) wi simppalceitamanta€l. by candor 37 CV&i 14.t13`?fa)aml tha TMI14W Or
DaparlAmo at of Labor €egralrations 129 CFI ot.tareralpienl; W13h s to enter iarttr sa contmvt
Evart 6, "labor Sta nalaadq 1wiovisions Appdi- with as;small busina ass firm or nonprofit taiga,
calria to Contracts acts CoverIng Fodoraliy F1.- nization rowdIng Ella sub9titution of par-
nancad and A:saiatpA ustr ac.Givn"'). In. ac- teams. Wognrronc or gxs.rtormancer of aaxpaarl-
cordasmiarea with i,l o st>&9;aaca,cr.ut;ractors amoral, mental. a lovelopiramtsal, or navai6c h work
lie ra gWraad to Pas'wages to IPboveys:and nw- Medal° that,°CundIng agi°otara ent," the melpl-
e,haMcs at,a YaW not;lam.than thD prevailing ant rgr sabraa:lpalont roust comply with the ee-
wa-7Q.i' Ore cI6"ied In a Wage determination gttlraAd'iAi1.i:,of 27-C'VP.Part 401."Rig ltL9 to In-
imido bry the SocroLawy cif Tadmor,In addition, vvntions Irma€1n by Nonprofit #l[j milzat ions.
contractor's must 13o required to pay wages and tsM911 Busineas Pkerns 'Under Cxcrs Rrn-
nut less than once a week.Thaa non-Badora[ t ena fdra nU,, Contarachs and OooporaG-tvea
on it;v.must place a copy of the€;lirrearii pro- Agmerxnants,"and aaffY.iriapaleairrent;Ing ivgulal,-
vails€rm wnga determination]ssuaad 0 the D& tloiis 1RsW by tho,awartling agancy,
ptartMgUt of Labor In Dnli 4olloltation The. tff)Clean Ala,Act(ate U, .C,1401-7671q..)aural
rloorlon to award;a,conbraol, or:; bQontlWt tbe1 Fotlor:ai Waikfeaa'Pollution Control Act(ti°'1
inarst W cxanditiom-A upon UAO atr;c aprt ante of U.S.C',1251._VW.as amended._.Contraota au
the wage e atarrmination.The non-F'edoral en- daargranta of airriatunts; in excesz, of $i.O,ti .
ttty Mu9t report All sn1spac d or rop ord:,ed inust, ctmntain a prorlaion that, roglilres tho
violations to the Pedmal awaxdlxzg wancy non-Fadaral award to atrt a to tmmply with
The coati is]must aim lucivata€L provision ail applieables sWdardm, order.., or regula-
ttir corriprllan with the Cop Blame "Anti- tioals wood p7u 6tiabint t€s M.ti Cleans. Air Acta
K1a bac'l" Ar:F {40 ld,l_t'. .i,i45}, X snpiptav- (12 U'SS,C, 7df11--'t�7lq) ian€d ttaca F'odurzal Wa.t;tir
im-ntad by Dupartineant of lAbor regulations perButlon Ca astral Aot as amonaaad f33 U,S.C-
M CPR Put 2, "f oaa:t,twCurs mid Sub- 1251-11187)•Violations must be reported to the
coutractairs on .PublIo. Building ear Public kodmll awairding agancy and tlia Elsl0niu,.l
Work Ftnancmd in'o-"p'1 Dle or ikm PaTt by Deans 47ffUle Of tho RnvixonmeriBal Prcta ut]sari
or Cirautts from UW United Staatm").'Yho Act Aooncy lYPAX).
provides that; snc.h arollta•tuat:o.r :or aub- IF) ddasitl;if€ii mAnelaz*n and palwn :, iir-
ractptea'n&Inust, be prohihlt:RPd.from induclw. laatInl; to anLirgy t)fftteney wh.ltil] are cnn_
by any meana, imy peraon employed in. tdse taa.4at0 In thAl SWo ancrgy taalalwrv1atcon p kt€a
cgmstrnction,anti]plextiun,or repair of piublt� issued in coramplianco with the Ru4rgy Factl.Iey
work, to Ova naps any part of the,arampern.a,- r..aul C•td93iwrvAtion Act(V lf.g:l.O., I).
Emma to WbIch has or she In,matMrwim entitled. (1) Deb azxrr at; and Uspmeiaaitan (�xaciatly,,
'lam.non-F€dex a:l amntity Inust report all sus- Orders 12EAD and 126 i)---A cantaaat award
lmot a or reportod vlWatlosas to.blio Foder•al lIm. 2 CPR 1 1..2M)max not ba-made to W. -
awarding ma nc-7. tla s lvstwl errs the govtiaarri7DMntWIda 111ak-I ld wsl
( ) CbntmA Work Hours and Parties List System in..fhQ System top Award
Staat dal Act (43 U,S.C. 3rili-b7pt3), Where Alanagoinom{S AEI). In accordance with trllma
aapspl]cmbib,.all oontr ar^W sawaa]dfd by tho non- OMB g ulalell].ne1r,at 2 C 11 I Dl that irrmptea rent
podoml.gntity In aXMm of M.[l l that In- ExgcUttvnl Cstdors V2549 13 02I2 rant :ING
quivee the OMIA ryNwat,of armcarihsanwl 4 or tabor- Cony ps., pt. 13a). and 1=9 (lp CJIR part INN
ois irauat;Include a Provision for€o:tnlal.].anco C ornp,p,2351,"ldobarxnrsnb and Smp1aalt lon.
with 40 ll.11,C. 'M2 and 5704,.m mupfplarr bate d The Llievl°aacicd Pg rtt#a list Systam In. M..
by IDk,�pm-Lintarat of 1.,slior mgulaatlori:t M9 CPR c:a nt ins the na=is of partlea idobmarrati, iw,,
Part€s), lln dnr 4tl TJ:S.C.. 132 of Lho At,t,aisach pmaendode or ot,horwim€xc.laiclod by:ago,n itra,as!
carslrat ttir anus[be roquf d to compim the well as part us r clarod inallgiti30 jmder Slot-
Wiagaa of ievaary rctoole arile and laborer on the utsary or rwgulatory a.uthonty other than l7x-
lells rsf a standard work week of 40 Man_ 6entIve C)rdar 12MO.
Work in Mmt� of taro standAxd work week is 4U) Byrd ADM-Lobbying Amendai gat (31
permissible provtftd that 119 worker Is cream- ll_S_C_ 1 )_._.Cuntraautors t 111, apply or bid
pmatesa].ta.d at;a r:ato of not lsam thm ogle aand a for an award or W00,000 or raium.nnua;t ale the
}half t mi than basic rato of pV for all boun requia°eecl sweru°tlfic;ation_ Ruch that° certliles:a to
worked In axoms of 413 home % tho swurk tho timer alxivi t1wiL it will not and has aaot;
week-lni.o raquir€uentaef 40 U.S,C_37 ass] 1t-a d Fodu' appi-Oprl atoad£mods W Pay aAT
atpipiic^rabhD to construction want and provlsita parmil or urp;';=assN ation lot,lniluuncl.ng oc at-
that no laborer or rraa chanic ilutaat be rya- tetiapating to i.nffusnos an tafitcar sir employs
qutivd to work in surrornal]nzu rr €un tar of any agvpnioC,a arionibrar of Cong"la. Dff fx1r
working comittlom which arcs uarsaaaltssary, or,onil o.-roa Qf eougret m,of ter,ooiploycG srf a
haimrdaaus or dartgex,Dus,'hmQ regalPerne is rneaasdree of Uon s s in rStnnet.•t]on w 1a €b-
do taut•apply trs Lba prrrcbas cI sanppilea or tainiaag- any 1�ta11lal ces]rtsacts, zrant or all
55
FIL 200,App.111 2 CFR Ch.11 (1-1-14 Edition)
othiw awaM cavQrod ty a nm F;n(:h G) Spoxwred T"wumh ineans all r"aarch
tim muut also discitsa inx 10abyin,, with &nd davolommilt activiHes that iro spo.n-
non-Vedaral Nndr,Oat lakqs plate in con- ao.rol 4V 1-10darai and non-Fkh�-Ta,] agencilas
nw,tlon with ubtalning 9AI Radoral award.. and ur-gaalzat]Dns.This WrTn
Such dl*clonures ar#forwanlM ftoln tier to O� involving Ou tratning of Imlividualn in
tior Up to the 4011-Podoral au&vd. rpmarcli toi bnlqao� (cnnmonly caLletl ro-
(K)Soo 12W,322 ProLuramont of rw:nvOrOd march tra4mukri where tech activities urMw
Mmterjals' tbP same ftcIlItIon am other rosoarr.1 and dg-
Vt14VrrNMb'1CbVtt[08 and WhartII zuch acAvl-
APPENDIX .1.11 TO FAIVY 200—INDT111ROT Ws&xo not I=iudad In tho Imtruction Amc-
(P&A) COSTS TDRNTIVAUNrIDN AND Z1011,
AgataNmEw,AND Rxrs DrqunwTNA- 12) Univesup Temmch nwl an'& till rMearn
TION FOR INSTITUTiONa OF HIGHER aMd &WtOTM104t UCG1VItto,'I thit aM wipa-
FmUcATioN(IREs) rattly badgaud and accounted firs by the la-
WCUU01i utifloran tntornal applAcation of in-
A.Gxm=,kt. WW"0311al AM&S.- UnmrsHT rcg,eareb. for
'1111,appendix Rmvides cr1TRr1a for Idimti- MrP39�1 'If thl" documont, must be com-
fyqMg and nompatMg ImAroct (ar Ind2yuct blaad w1th apausorad romqrch undor thin
(P&A)) rates at IHR (mstttdtious),Inairgict fgm%lon of or.Lnnlyed research.
(IA A)casts are. those thi� are incurred for L, af.stivoiM n%*T14,,pp,3al,aln.
common or joint ol�jectjvo.n and thernfom and PwiOCIta finarwed kW Fo&Ml inn non-
Mrinot hm 111m.W.11iAl rp'LLIATand SPm[ficallY Federal aWncl�and organUaft n'3 WhWhIn-
with a parthwlar sliomiorcd projec&, an U_ vulva 410 pn,fariran,co of wr.Nrk othor thaa in-
structional aauvltj, Dr any otbor uUtIta• ntruation mid 01-gamued raglearch, P'lampleg
UGual arittvity, $00 mbmcUon RL Deftnt. of curb priygnms and proJ4,%cL, arcs boaltil
tion of Vaonlitiog arfl,Ad mlnnd,%Gmwi.. For a sarvlLw projQats and connnnmLy Nam.ca pro-
dl;woi&4an of the emnpoiwnUs nr IndirrKA gmni."'How wor'WhAn xn7 of tha actIvItim
(F&A)codtz- axe uAidertakea by tho lnaUtuLen wtthouL
ffai.M& SURPDt't, Q1U-V MaY be 0lWWfJvd UZ
f."api PuArtlana of asi 1n'WW1f"; OMgr IMUtUtlDn4l]aattMMW,
Rorexr, to ln.struv.fton. ox�'?Mnqd 1, d-0iber UuMut1mvAl acavu2e.�;mv.&n2;all aLs.
er.larch' UVIULB'Df all Institu4ion 0xvapt for lnstvut-
i)tbor Sponmyed aetivj klo-�MCI 0 ther livqtMi-
ttopal mtAv1Ue3 na dQflued in thle.s6wtlom'
1. lyasirualmz m0auz the tSMILIng land and athor sponsarvviactivitt&u,,&s dQ-
tr3a1mg RUMMw or an instatutlon, Rxcapt fl=d in WiLi swuaa.:Indiroc%(F&A.)v.oNt,,tc-
141f r9=&rVb U-AIRDIg a", pro'VIdSd in E.ilb- Uvitle% Ida uNfled in Lhis AppemdIx para-
Meticul b,thins term Inplindm lit teachlWanti graplt P,Joinitiftcation and amioimott of In-
Lrwning actIvidag, wh9thor thu save±orFerod direct(F&A) onsts; and slx)cullmd iorvicv*
for Crodika toward to dvgrce or rsrtlftuatv or lanllltics dAK"(11bed ID f20DAW Stmetalizod.
on as 1 oR-zrGditbW1B' and Wbothar they aril XMMOI�PaCIAIMPS of this Part
offarod through rogul&r academtu dppart- ltlxampjp"s of 3thor ImMMItIonal
nignts ar wparato dlvinoas.z a(,h as to SUM- im"111(le operation of rosl&neo lialbs, dining
mkr sclioal.dlylrAory or in e7tonslor,divtoom halis. hospitals and.01.nlcti, stadozi uruo=.
Also congUbared.put or this major ruwttan ftltorcalleglatss athludea,400kstoreg.ZaLulity
ara dppartmonW msckirnb, and, wham hou'-In(r' StaIgnt apartmeat", 'tfus"it houses,
agnmxl to,univarsdlw mgArch, ChRJ,*U%6110atgrr,11Ubb-2 MUSMIM.1%and(*bPF
(I)S�Wnwrad tAsLnaeaqrt and trallang Ineans 32MIlar 1blumary entarprtgog''Phl';detultAon
apWift muucitonal or trmwng activity 0s- also 13AJILdou any othu C&Wa-fxIw of actdvl•
tablighed by gvant, rGutratt. or c')'oparativss tiara, co= of whl(-h am "aruillowablo" to
agy,oument. Par. parposne of. tbQ Mat .RTqn- Fedaral awards, unless 0Wwrw1:,,o Indicabgd
CIP109, U114 actIvItY Ttmy 1W Gonsldismd a in an award,
Majim funcr'lon Over tbougb all mAlzutdon's
aomunUm.-trntment may MAvdo it in tho 2,C-Wlmla fow DAMbn flon
Mr,tructioR fares-blon- a. Ram pqrl t' A bw% Period for distnlm
(2) DpparhAft. tQ? TneaT,-h ragans 1,oseqra, t1or of Mlirout 4.F&AI cmts, to tho P01,10(l
dovolopmunt and. scholarly activigloz that durMg which Che c.=W- seat mourzad- Tina
Arg stet QMVIIIJUd rWavlh gnat, Pon- b&,w period normally shmild (,tnacjde with
as quonUy' Are not salmratoly bxillpRLiA luill III()NaW year ostabhshwl NY that inh itaaon.
Accounted fair. Duparl montal ra3mreh, for but In any avon6 Uw batw Veriod Should to W
Purpo"'M. of 012 aDOLM11t,is ncl;ornelderod w1acted as to avold Inequitios in the dis..
M a M1j0V fu=tlon but as a,pm,L of tho in- tv but]on of cos#>�-
abruction.function of tbQ tn't1turion. b Need for fxni groupings. The ovonill ob-
1). Orponred romarch mamm all j4acttvo of the mdfrluot(F&A)coot allocation
md ftvolopmaut�acklyttkos Df an tmtitutlon pcocan Is U) d1kylbuto the Imbroct,
that me sap=Oly budgatod and acwuuted oos d&af.mind In &ction 11., Jklurtifica Lion
fa r,It 111fludm., anal aEuMment to IndirgU JP&A) cosis, ta
196
56