09/16/2020 Agreement ..u\\\1111
;a'P\ , Kevin Madok, CPA
tea:•" 4
i �
` ..... Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: October 29, 2020
TO: Judith Clarke, PE, Director
Engineering/Roads&Bridges
ATTN: Clark Briggs, Project Manager
FROM: Pamela C. Mute v0
SUBJECT: September 16"BOCC Meeting
Attached is an electronic copy of the following item for your handling:
D3 Contract with Affordable Asphalt, Inc. for construction of Hurricane Irma
Roadway Repairs I Upper Keys Roads Project in the amount of$149,295.50.
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
Hurricane Irma Roadway Repairs I Upper Keys Project
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
Made as of the 16th day of September in the year of Two Thousand and Twenty.
BETWEEN the Owner: Monroe County Board of County Commissioners("BOCC")
1100 Simonton Street
Key West,Florida 33040 ("Owner")
And the Contractor: Affordable Asphalt
94411 Overseas Highway
Tavernier, FL 33070 ("Contractor")
For the following Project: Hurricane Irma Roadway Repairs I Upper Keys Project
Monroe County, Florida
("Proj ect")
Oversight for Owner: Monroe County Engineering Services Department
1100 Simonton Street, Rm 2-216
Key West, FL 33040
Engineer: CSA Central, Inc.
8200 N.W. 41st Street, Suite 305
Doral, Florida 33166-3207
The Owner and Contractor agree as set forth below.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued after
execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations,representations or agreements,
either written or oral.
Notice Requirement
All written correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt
requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Contractor:
Michael Woods, Owner
Affordable Asphalt
94411 Overseas Hi _ghwgy
Tavernier, FL 33070
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work is as specified in the Contract Documents, and shown on the Drawings and in the
specifications. The contract constitutes the entire and exclusive agreement between the Owner andthe
Contractor with reference to the Hurricane Irma Roadway Repairs I Unner Keys Project.
ARTICLE 3
Date of Commencement and Substantial Completion
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3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement, as first written above,unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated
in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to
proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days
before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
32 The Contractor shall achieve Substantial Completion of the entire Work not later than
9090 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided
by the Contract Document.
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all
approved extension in time as set forth by the Owner's signature of approval on the Certificate of
Substantial Completion. The liquidated damages table below shall be utilized to determine the amount
of liquidated damages.
FIRST SECOND 31stDAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY
$50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY
$100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY
$500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be
an extension of time on the Contract.
Uncontrollable Circumstance
33 Any delay or failure of either Party to perform its obligations tinder this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such Party's
control,without such Party's fault or negligence and that by its nature could not have been foreseen by
such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of
the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot,
or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic
area of the Project; (e)actions, embargoes, or blockades in effect on or after the date of this Agreement;
(f) action by any governmental authority prohibiting work in the geographic area of the Project;(each,
a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost
or availability of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor shall give County
written notice within 7 days of any event or circumstance that is reasonably likely to result in an
Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects
of any Uncontrollable Circumstance are minimized and resume full performance tinder this
Agreement. The County will not pay additional cost as a result of an
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Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such
reasonable time as the Owners Representative may determine.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the Hurricane Irma Roadway Repairs I Ugper Keys Project the
Contract Sum of One Hundred Forty-Nine Thousand Two Hundred Ninety-Five
DOLLARS and Fifty Cents, ($149,295.50), subject to additions and deductions as provided
in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any, are as follows: As specified in Section 00110.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon
Project Applications and Certificates for Payment,the Owner shall make progress payments on account
of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
52 The period covered by each Application for payment shall be one calendar month ending on
the last day of the month.
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida
Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the
Contractor in accordance with the Contract Documents.The Schedule of Values shall allocate the entire
Contract Sum among the various portions of the Work and be prepared in such form and supported by
such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by
the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the
Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment
shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract
Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent
(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in
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dispute may be included in applications for Payment. The amount of credit to be allowed by the
Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum
shall be actual net cost as confirmed by the Owner. When both additions and credits covering related
Work or substitutions are involved in a change the allowance for overhead and profit shall be figured
on the basis of net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered
and suitably stored at the site for subsequent incorporation in the completed construction (or, if
approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing),
less retainage of Five percent(5%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments
to Ninety-Five percent(95%) of the Contract Sum, less such amounts as the Owner recommends and
determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General
Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner
to the Contractor when (1) the Contract has been fully performed by the Contractor except for the
Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the
General Conditions and to satisfy other requirements, if any, which necessarily survive final payment:
and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final
payment shall be made by the Owner not more than 20 days after the issuance of the Final Project
Certificate for Payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented by
other provisions of the Contract Documents.
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7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735
7.3 Temporary facilities and services:
None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of
this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit,that it or any subcontractor has committed an act defined by Section 287.133,Florida
Statutes, as a "public entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved or whether Contractor
has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged with
an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or
affiliate who has been placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on a contract to provide any goods or services to a public entity, may not submit
a 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 public entity, may not be awarded or perform work
as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
7.6 The following items are part of this contract:
a) Maintenance of Records: CONTRACTOR shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Records shall be retained for a period of five years
from the termination of this agreement or for a period of five years from the submission of the
final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant
to this Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from
the date the monies were paid by the COUNTY.
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b) Right to Audit: Availability ofRecords. The records of the parties to this Agreement relating
to the Project, which shall include but not be limited to accounting records (hard copy, as well
as computer readable data if it can be made available; subcontract files (including proposals of
successful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates;
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by Owner to substantiate charges related to this agreement, and all
other agreements, sources, of information and matters that may in Owner's reasonable
judgement have any bearing on or pertain to any matters, rights, duties or obligations under or
covered by any contract document(all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative and/or
agents of Owner. Owner may also conduct verifications such as, but not limited to, counting
employees at the job site,witnessing the distribution of payroll,verifying payroll computations,
overhead computations, observing vendor and supplier payments, miscellaneous allocations,
special charges, verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All
records shall be kept for seven (7)years after Final Completion.
c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall begoverned
by and construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This Agreement shall not be subject to arbitration.
d) Severability: If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction,the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of
this Agreement. The County and Contractor agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs, as an award against the non-prevailing party, and
shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
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fl Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the County and Contractor and their respective legal representatives,
successors, and assigns.
g) Authority: Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement. Any conditions imposed as a result of funding that effect the Project will be
provided to each party.
i) Nondiscrimination: CONTRACTOR and COUNTY agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990(42 USC s. 12101 Note),as may be amended from time to time,relating
to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article
II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,
or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as
amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2
C.F.R. Part 200, Appendix II, ¶ C, agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
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identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment,without regard to their race, color,religion,sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited
to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,religion, sex, sexual
orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules,regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
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7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts 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.
J) In the event of the contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in 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.
k) Covenant of No Interest: County and Contractor covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with
its performance under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
Code of Ethics: County agrees that officers and employees of the County recognize and will
be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
m) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision,the Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion,to offset from monies owed, or otherwise recover,the full
amount of such fee, commission,percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, records, papers, letters or other "public record" materials
in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and Contractor in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
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by the terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding. This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required
to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the contractor does not transfer the records to the
County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the County
to perform the service. If the Contractor transfers all public records to the County upon completion of
the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,upon request
from the County's custodian of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the County's
option and right to unilaterally cancel this contract upon violation of this provision by the Contractor.
A Contractor who fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody,release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
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BRIANkMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
o) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes,
the participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage,nor shall any contract entered into by the County be required to contain any provision
for waiver.
p) Privileges and Immunities: All of the privileges and immunities from liability, exemptions
from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and
other benefits which apply to the activity of officers, agents, or employees of any public agents
or employees of the County, when performing their respective functions under this Agreement
within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or
any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
s) Attestations: Contractor agrees to execute such documents as the County may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
t) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
u) Execution in Counterparts: This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall
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constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
v) Section Headings: Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
w) Special Conditions, if any are detailed in Section 01000 of the Project Manual forthis
Proj ect.
x) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees, harmless from and against(i) claims, actions or causes of action, (ii) litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and
(iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the
County and the COUNTY's elected and appointed officers and employees from liabilities
damages, losses and costs, including but not limited to,reasonable attorney's fees,to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor
and persons employed or utilized by the indemnifying party in the performance of the
construction contract. The monetary limitation of liability under this contract shall be not less
than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes
of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur
during the term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
In the event the completion of the project(including the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within General Insurance Requirements Section 900. In the event any claims are
brought or actions are filed against the County with respect to the indemnity contained herein, the
Contractor agrees to defend against any such claims or actions regardless of whether such claims or
actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select
the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor
further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those
attorneys selected by the County to appear and defend such actions or claims on behalf of the County
at both the trial and appellate levels. The County at its sole option, shall have the sole authority forthe
direction of the defense,and shall be the sole judge of the acceptability of any compromise or settlement
of any claims or actions against the County.
The CONTRACTOR shall hold the Florida Division of Emergency Management(Division) harmless
against all claims of whatever nature arising out of the CONTRACTOR's performance of work under
this Agreement, to the extent allowed and required by law.
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y) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. The CONTRACTOR and COUNTY
Representative shall try to resolve the claim or dispute with meet and confer sessions to be
commenced within 15 days of the dispute or claim. If the issue or issues are still not resolved
to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1
concerning termination or cancellation.
z) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of
installation, stocking, maintenance, repair, or service, the County shall have the right to
terminate this agreement after five days written notification to the Contractor.
aa) Cooperation: In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this Agreement, County
and Contractor agree to participate,to the extent required by the other party, in all proceedings,
hearings,processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Contractor specifically agree that
no party to this Agreement shall be required to enter into any arbitrationproceedings related to
this Agreement.
bb)Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence
of insurance as required in Specification Section 00900 General Insurance Requirements for
Construction Contractors and Subcontractors. The Contractor shall name the South Florida
Waste Management District, Florida Department of Transportation and Monroe County Board
of County Commissioners, its employees and officials as "Additional Insured" on all policies
except for Worker's Compensation.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this
agreement,except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County, which approval shall be subject to such conditions and provisions as the Board
may deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other party.
79 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
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7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all
the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder,
and the assurance by the CONTRACTOR pursuant thereto.
711 Federal Contract Requirements
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but
not limited to:
7.11.1 7.11.1 Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). When required by
Federal program legislation, which includes emergency Management Preparedness
Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program, all prime construction contracts in excess of$2,000
awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C.
§§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations
(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once a
week. If applicable, the COUNTY must place a current prevailing wage determination
issued by the Department of Labor in each solicitation. The prevailing wage
determination is included as Attachment A. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding
agency. When required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program and Transit Security Grant Program (it does not apply to other
FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the contractors must also comply with the Copeland "Anti-Kickback" Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States"). As required by the
Act, each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled. The COUNTY
must report all suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C.§
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which
are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA mayby
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 byany
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subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
7.11.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the
COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply
with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part
5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
7.11.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued
by the awarding agency.
7.11.4 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 7671q.) and the
Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and
subgrants of amounts in excess of$150,000.
7.11.5 Debarment and Suspension (Executive Orders 12549 and 12689)---A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
7.11.6 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for
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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 must also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
7.11.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
Other Federal Requirements:
7.11.09 Americans with Disabilities Act of 1990, as amended (ADA) — The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal government
issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
7.11.10 Disadvantages Business Enterprise (DBE) Policy and Obligation — It is the policy of the
COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under this
Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this
Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to
participate in the performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state laws and regulations
to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and
the CONTRACTOR and subcontractors shall not discriminate on the basis of race,color,national origin
or sex in the award and performance of contracts, entered pursuant to this Agreement.
7.11.11 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUSAREA
FIRMS
a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements,when economically feasible,into smaller tasks or quantities to
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Hurricane Irma Roadway Repairs I Upper Keys Project
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules,where the requirement permits,which encourage
participation by small and minority businesses,and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed
in paragraph (1) through (5) of this section.
7.12 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing work or providing services pursuant
to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the Contract
term.
7.13 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward
and Grant Agreement between COUNTY and the Florida Division of Emergency Management
(Division) and attached hereto as Attachment B.
7.14 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of
whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to
the extent allowed and required by law.
7.15 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the Department
of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to
records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1.
cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS
access to and the right to examine and copy records, accounts, and other documents and sources of
information related to the grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other applicable laws or program
guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports.
7.16 DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security
seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific
FEMA approval.
7.17 Changes to Contract: The Contractor understands and agrees that any cost resulting from a
change or modification, change order,or constructive change of the agreement must be within the scope
of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the
completion of the Project. Any contract change or modification, change order or constructive change
must be approved in writing by both the COUNTY and Contractor.
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ARTICLE 8
Termination or Suspension
8.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement after five days written notification to the
CONTRACTOR.
8.2 Either of the parties hereto may cancel this Agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so.
8.3 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY
retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for
cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at
the time and in the manner herein provided. In the event of such termination, prior to termination, the
COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured,
the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this
agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al.
of the Monroe County Code.
8.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at
any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement
with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR
under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the
funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the
spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-
721 et al. of the Monroe County Code.
8.5 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall
have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written
notice and an opportunity to demonstrate the agency's determination of false certification was in error
pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions
of Section 287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating
the Agreement after it has given the Contractor/Consultant written notice and an opportunity to
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Hurricane Irma Roadway Repairs I Upper Keys Project
demonstrate the agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement,
are enumerated as follows: See Article 1
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project
Manual dated June 2020 and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph9.1.3,
and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings areas follows, and are dated on each individual drawing unless a different date
is shown below:
CSA Central Inc. Signed and Sealed 10/23/18
Sheets 1 thru 7 Marina Ave.
Sheets 1 thru 5 W. Seaview Ln
9.1.6 The Addenda, if any, areas follows: Addendum No.l dated 7/10/2020
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless
the bidding requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe
County Bid Form in Section 00110, and Attachment D Monroe County BOCC Forms
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Ilumcane Irma Roadway Repairs I Upper Keys prrect
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe
County Bid Form in Section 00110.
/, N WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
.� e ten above in counterparts, each of which shall, without proof or accounting for the other
�,�`!V rparls, be deemed an original contract.
i;. ) BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK, Clerk ��JJ OF MONROE COU TV, FLORIDA
� Y. ��,,,,,�vwL By
As Deputy Clerk Mayor
Date 16, to 7-0
(SEAL) CONTRACTOR
Attest:
By: '�/f — By: „ O
Title: 72ePISUR[K, Title: CrUT12^^
END OF SECTION 00500 MONROE COIL),
P6Ardao HIact `,Bars!
n1mTmE LMBERBBARNOWS
ASSISTANT COBMY ATTORNEY
DATE._R/W20
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6/1/2020 CONTRACT DOCUMENTS 005 21
00-21
Hurricane Irma Roadway Repairs I Upper Keys Project
ATTACHMENT A
PREVAILING WAGE DETERMINATION
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Hurricane Irma Roadway Repairs I Upper Keys Project
"General Decision Number: FL20200147 01/03/2020
Superseded General Decision Number: FL20190147
State : Florida
Construction Type : Highway
County: Monroe County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
Note : Under Executive Order (EO) 13658, an hourly minimum wage
of $10 . 80 for calendar year 2020 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015 .
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10 . 80 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2020 . If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate) . The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5 . 1 (a) (2) - (60) . Additional
information on contractor requirements and worker protections
under the EO is available at www.dol .gov/whd/govcontracts .
Modification Number Publication Date
0 01/03/2020
* ELEC0349-002 09/02/2019
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 35 . 36 12 . 77
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Hurricane Irma Roadway Repairs I Upper Keys Project
----------------------------------------------------------------
SUFL2013-008 08/19/2013
Rates Fringes
CARPENTER, Includes Form Work. . . . $ 11 . 95 1 . 44
CEMENT MASON/CONCRETE FINISHER. . . $ 13 . 65 0 . 00
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine) . . . . $ 12 . 70 0 . 00
HIGHWAY/PARKING LOT STRIPING:
Operator (Spray Nozzleman) . . . . . . $ 13 . 08 0 . 00
INSTALLER - GUARDRAIL. . . . . . . . . . . $ 14 . 44 0 . 00
IRONWORKER, REINFORCING. . . . . . . . . $ 13 . 85 0 . 00
LABORER (Traffic Control
Specialist) . . . . . . . . . . . . . . . . . . . . . $ 12 . 17 1 . 71
LABORER: Asphalt, Includes
Raker, Shoveler, Spreader and
Distributor. . . . . . . . . . . . . . . . . . . . . $ 13 . 60 0 . 00
LABORER: Common or General . . . . . $ 11 . 96 2 . 90
LABORER: Flagger. . . . . . . . . . . . . . . $ 9 . 87 0 . 00
LABORER: Grade Checker. . . . . . . . . $ 11 . 45 0 . 00
LABORER: Landscape &
Irrigation. . . . . . . . . . . . . . . . . . . . . . $ 11 . 16 0 . 00
LABORER: Pipelayer. . . . . . . . . . . . . $ 12 . 68 0 . 00
OPERATOR:
Backhoe/Excavator/Trackhoe . . . . . . $ 17 . 20 0 . 00
OPERATOR: Bobcat/Skid
Steer/Skid Loader. . . . . . . . . . . . . . . $ 11 . 60 0 . 00
OPERATOR: Broom/Sweeper. . . . . . . . $ 10 . 89 0 . 00
OPERATOR: Bulldozer. . . . . . . . . . . . $ 13 . 90 0 . 00
OPERATOR: Crane . . . . . . . . . . . . . . . . $ 17 . 83 0 . 00
OPERATOR: Forklift . . . . . . . . . . . . . $ 11 . 03 0 . 00
9/16/2020 CONTRACT DOCUMENTS 00500-24
Hurricane Irma Roadway Repairs I Upper Keys Project
OPERATOR: Grader/Blade . . . . . . . . . $ 16 . 08 0 . 00
OPERATOR: Loader. . . . . . . . . . . . . . . $ 16 . 59 0 . 00
OPERATOR: Mechanic. . . . . . . . . . . . . $ 13 . 55 0 . 00
OPERATOR: Milling Machine . . . . . . $ 13 . 23 0 . 00
OPERATOR: Oiler. . . . . . . . . . . . . . . . $ 12 . 61 0 . 00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . $ 18 . 17 0 . 00
OPERATOR: Roller. . . . . . . . . . . . . . . $ 13 . 28 2 . 39
OPERATOR: Screed. . . . . . . . . . . . . . . $ 15 . 79 0 . 00
OPERATOR: Trencher. . . . . . . . . . . . . $ 16 . 00 0 . 00
TRAFFIC SIGNALIZATION:
Traffic Signal Installation. . . . . $ 19 . 03 0 . 00
TRUCK DRIVER: Dump Truck. . . . . . . $ 12 . 66 0 . 00
TRUCK DRIVER: Lowboy Truck. . . . . $ 14 . 94 0 . 00
TRUCK DRIVER: Water Truck. . . . . . $ 13 . 05 0 . 00
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
----------------------------------------------------------------
Note : Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017 . If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol .gov/whd/govcontracts .
9/16/2020 CONTRACT DOCUMENTS 00500-25
Hurricane Irma Roadway Repairs I Upper Keys Project
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5 . 5 (a) (1) (ii) ) .
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type (s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example :
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers . 0198
indicates the local union number or district council number
where applicable, i .e . , Plumbers Local 0198 . The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate .
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates . LA indicates
the State of Louisiana. 2012 is the year of survey on which
9/16/2020 CONTRACT DOCUMENTS 00500-26
Hurricane Irma Roadway Repairs I Upper Keys Project
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data. EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate . OH indicates the state . The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This can
be .
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2 . )
and 3 . ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to:
9/16/2020 CONTRACT DOCUMENTS 00500-27
Hurricane Irma Roadway Repairs I Upper Keys Project
Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party' s position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue .
3 . ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final .
----------------------------------------------------------------
END OF GENERAL DECISION
if
9/16/2020 CONTRACT DOCUMENTS 00500-28
Hurricane Irma Roadway Repairs I Upper Keys Project
ATTACHMENT B
SUBAWARD AND GRANT AGREEMENT BETWEEN COUNTY AND FDEM
9/16/2020 CONTRACT DOCUMENTS 00500-29
ATTACHMENT B
The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward
and Grant Agreement between COUNTY and the Florida Division of Emergency
Management(Division) and attached hereto as Attachment B.
(
Contract Number: Z0002
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R.§200.92 states that a"subaward may be provided through any form of legal agreement,including an
agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R.§200.74.."pass-through entity'means"a non-Federal entity that provides a subaward to a
Sub-Recipient to carry out part of a Federal program.'
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, §200r92, 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 PA IDIFIPS Number 087-99087-00
Sub-Recipient's unique entity identifier. 021771709
Federal Award Identification Number(FAIN): 4337DRFLP0000001
Federal Award Date° 9/30/2017
Subaward Period of Performance Start and End Date. 9/10/2017—03/1012018
Amount of Federal Funds Obligated by this Agreement. $2,858,535.94
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $2,858,535.94
Total Amount of the Federal Award committed to the Sub-Recipient
by the pass-through entity: $2,858.535.94
Federal award project description(see FFATA) Grant to Local Government for
debris removal emergency
Protective measures and repair or
replacement of disaster damaged
facilities
Name of Federal awarding agency: Dept.of Homeland Security DHS
Federal Emergency Management
Agency(FEMA) _
Name of pass-through entity: Florida Division of Emergency
Management(FDEM)
2
Contact information for the pass-through entity- 2555 Shumard Oak Blvd.
Tallahassee. FL 32399-2100
Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97,036 Public Assistance
Whether the award is Research&Development: 1A
Indirect cost rate for the Federal award. See by 44 C.F.R. 207,5 b 4
3
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee„ Florida(hereinafter referred to as the"Division"), and Monroe County,
(hereinafter referred to as the"Sub-Recipient").
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.
4
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to
a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies.
(3) CONTACT
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:
Lililita Forbes
2555 Shumard Oak Blvd, Ste. 360
Tallahassee„ FL 32399-2100
Telephone: 850-815-4419
Email: Lililita.Forbes@em.myflorida.com
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
Laura deLoach-Hartle
1100 Simonton St., Ste. 2-213
Key West, FL 33040-3110
Telephone: 305-292-4482
Email: deloachhartle-!aura@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 in writing via letter or electronic email. It is the Sub-Recipient's responsibility to
authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the
Designation of Authority(Agents) in Attachment D may authorize addition or removal of agency users.
(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. In order for a Project to be eligible for reimbursement, a modification to this
agreement must be executed incorporating the Project as identified by number, budget, and scope of
work, Projects not included by modification will be ineligible for funding, regardless of Federal approval for
the Project.
(7) SCOPE OF WORK,
The Sub-Recipient shall perform the work in accordance with the Budget and Project List
—Attachment A and Scope of Work, Deliverables and Financial Consequences—Attachment B of this
Agreement,
(8) PERIOD OF AGREEMENT,
This Agreement shall begin upon execution by both parties and shall end six (6) months
from the date of declaration for Emergency Work(Categories A& B)or eighteen (18) months from
the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance
with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of"period of
performance'contained in 2 C,F,R. §200.77, the term "period of agreement"refers to 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 Project List"): The
maximum reimbursement amount for the entirety of this Agreement is two million„ eight hundred fifty-eight
thousand, five hundred and thirty-five dollars and ninety-four cents($2,858,535.94),
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 le-gally 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
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 in FlondaPA.org against a performance measure, outlined
in Attachment B, Scope of Work, Deliverables, and Financial Consequences, that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
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 authorized by the Federal
Awarding Agency, and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when
no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or
other similar cause(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:
L They are provided under established written leave policies;
iim The costs are equitably allocated to all related activities, including Federal
awards; and,
iiio 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),
Florida Statutes ($6 for breakfast, $11 for lunch, and$19 for dinner), then the Sub-Recipient must provide
documentation that,-
. 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.
is 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)RECORDS
a. As required by 2 C.F.R. §200,336, the Federal awarding agency, Inspectors General;
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents: Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
be 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.
a
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)years from the date of
submission of the final expenditure report. 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.
9
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,
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,
. 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
10
and objectives of the Budget and Project List—Attachment A, Scope of Work—Attachment B, and all
other applicable laws and regulations.
(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement,the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP"has the meaning specified in accounting standards issued by the Government
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)(h), Florida Statutes, as"an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub-Recipient's fiscal year.
f: The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle_Audit@em.myflorida,com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http-,Hharvester,census.gov/fac/collecttddeindex.htmi
h, The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
fly
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(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 30 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 closeout report is due sixty(60)days after termination of this Agreement or sixty
(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 Project List—
Attachment A, and Scope of Work—Attachment B.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in
Attachment G—Public Assistance Program Guidance.
(13)MONITORING.
a. The Sub-Recipient shall monitor 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 B to this Agreement, and reported in the
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits„ and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedurestprocesses 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
12
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(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; 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.
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(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:
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.
bd The Division may terminate this Agreement for convenience or when it determines in
its sole discretion„that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty(30)calendar days prior written
notice,
1
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
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 11 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. §200.318(b), the Sub-Recipient shall"maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price.""
c. As required by 2 C,F.R. §200,318(i),the Sub-Recipient shall"maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.' In order 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 It 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
I
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
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 Il 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,
Ib
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:
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
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.
1. 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.
c. This Agreement has the following attachments:
i. Exhibit 1 -Funding Sources
ii. Attachment A—Budget and Project List
iii. Attachment B—Scope of Work, Deliverables, and Financial Consequences
iv. Attachment C—Certification Regarding Debarment
V. Attachment D—Designation of Authority
vi. Attachment E—Statement of Assurances
vii. Attachment F—Election to Participate in PA Alternative Procedures (PAAP)
viii. Attachment G—Public Assistance Program Guidance
ix. Attachment H—FFATA Reporting
X Attachment I—Mandatory Contract Provisions
xi. Attachment J—DHS OIG Audit Issues and Acknowledgement
xii, Attachment K—Justification of Advance Payment
(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 unless otherwise governed by program specific waiver. if an advance payment is
requested, the budget data on which the request is based and a justification statement shall be submitted
along with this agreement at the time of execution by completing Attachment K—Justification of Advance
Payment. The request will specify the amount of advance payment needed and provide an explanation of
the necessity for and proposed use of these funds. Any advance funds not expended within the first
ninety(90) days of the contract term must be returned to the Division Cashier within (30) days, along with
any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has
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 thirty(30)
days after the expiration date of the agreement or completion of applicable Project„whichever occurs first.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to
the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph
(12) of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
)
Financial Officer or under subparagraph(9)b, of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this agreement, subject to the
exhaustion of appeals, are due no later than thirty(30)days from notification by the Division of funds due.
FEMA only allows thirty(30)days from deobligation for the funds to be repaid before it will refer the
amount to the FEMA Finance Center(FFC)for collection.
b. The Sub-Recipient understands and agrees that the Recipient may offset funds due
and payable to the Sub-Recipient until the debt to the State is satisfied. In such event; the Recipient will
notify the Sub-Recipient via the entry of notes in FioridaPA,org,
c. All refunds or repayments due to the Division under this Agreement are to be made
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
d, In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5%
of the face amount of the returned check or draft,whichever is greater.
(22)MANDATED 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.
I' '
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336,42 U.S.C. Section 12101 et seg. ,which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity; and may not transact business with any public entity in
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list,
f. Any Sub-Recipient which receives funds under this Agreement from the federal
government, certifies, to the best of its knowledge and belief, that it and its principals:
i. Are not presently debarred, suspended„ proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii, Have not,within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public(federal, state or local)transaction or contract under public
transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft,forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification; and,
iv: Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local)terminated for cause or default.
g. If the Sub-Recipient is unable to certify to any of the statements in this certification,
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition,the Sub-Recipient shall send to the Division (by email or by
facsimile transmission)the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment C)for the Sub-Recipient agency and each
intended subcontractor which Sub-Recipient plans to fund under this Agreement. The form must
be received by the Division before the Sub-Recipient enters into a contract with any
subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
0
provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount unless otherwise governed by program specific waiver.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers; constituting a violation of the employment
provisions contained in 8 U.S.C_ Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act
("INA")], The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
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 maybe
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief;.
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient„ to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii- If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
1
connection with this Federal contract, grant, loan or cooperative agreement,the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"in accordance with its
instructions.
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose
accordingly.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not
more than$100,000 for each such failure.
(24)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 patentor copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b, If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement; or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
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(30)days of execution of this Agreement, the Sub-Recipient shall
disclose all intellectual properties relating to the performance of this Agreement which he or she knows or
should know could give rise to a patent 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.
(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..
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
23
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
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
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.
4
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
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
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.
W. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §5,.12.
(28)CONTRACT 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 forty(40)
hours. Work in excess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty
(40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous, These requirements do not apply to the
5,
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. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency(EPA).
(30)SUSPENSION AND DEBARMENT
Per 2 C.F.R. 200.213 Suspension and debarment, non-Federal entities are subject to the
non-procurement debarment and suspension regulations implementing Executive Orders 12549 and
12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs or activities.
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$100000 or more shall file
26
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
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
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 aRi3ropriate, 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
7
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 E.
28
IN WITNESS WHEREOF,the parties hereto have executed this Agreement,
SUB-RECIPIENT: MON OE COUNTY
(SEAL)
A CLERK
r
By:
Name and title, ` 6 PImCLERK
Datea
FEID#59-600049
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title-Wesley Maul, Director
Date:
MONROE COUNTY ATTORNEY
APP.
k "AST RM:
CHRISTINE LIMBERT BARROWS
ASSISTANT CO - TTORNEY
DATE: __
2
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Emergency Management Agency: Public Assistance Program
Catalog of Federal Domestic Assistance: 97.036
Amount of Federal Funding: $2,858,535.94
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
0 44 C.F.R. Part 206
• 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
• FEMA Public Assistance Program and Policy Guide., 2017 (in effect for incidents declared on or
after April 1, 2017)
Federal Program:.
1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Public
Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is
classified into the following categories:
Emergency Work
Category A: Debris Removal
Category B: Emergency Protective Measures
Permanent Work
Category C: Roads and Bridges
Category D: Water Control Facilities
Category E: Public Buildings and Contents
Category F: Public Utilities
Category G: Parks„ Recreational, and other Facilities
Z Sub-Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE:Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs and State Projects included on pg. 1 of this subgrant
agreement and in Exhibit 1 be provided to the Sub-Recipients
30
Attachment A
Budget and Project List
Budget:
The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW)that
the Federal Emergency Management Administration(FEMA) has obligated for a Sub-Recipient at the
time of execution, Subsequent PWs or revisions thereof will increase or decrease the Budget of this
Agreement. The PW(s)that have been obligated are:
DR4337 Sub-Recipient: MONROE COUNTY
PW Cat Project Title Estimated Fed Federal State Local Total Funding
# Total % Share Share Share
22(0) B Force Account $2,667,613.65 100% $2,667,613.65 0 0 $2 667,613.65
Labor first 30
days
39(0) B Fire Rescue $106465 29 100% $106465.29 0 0 $106,465.29
Medical
Supplies
41(0) S Temporary $60,949 50 100% $60,949 50 0 0 $60,949 50
Sanitary
Facilities
Rentals for 100
48(0) B Temporary $23,507.50 100% $23,50750 0 0 $23,50T50
fence
37 Total $2,858,535,94
I
Attachment B
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of Work
Complete eligible Projects for emergency protective measures, debris removals repair or replacement of
Disaster damaged facilities.
When FEMA has obligated funding for a Sub-Recipient's PW,the Division notifies the Sub-Recipient with
a copy of the PW(or P2 Report), A Sub-Recipient may receive more than one PW and each will contain
a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as
necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will
be monitored,completed and reimbursed independently of the other Projects which are made part
of this Agreement.
Deliverables
Large Projects
Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large
Project costs shall be based on the percentage of completion of the individual Project. Any request for
reimbursement shall provide adequate, well organized and complete source documentation to support all
costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA.
Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment..
Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon:.
• Timely submission of Quarterly Reports(due 30 days after end of each quarter)-
• Timely submission of invoices (Requests for Reimbursement)at least quarterly and supported by
documentation for all costs of the project or services. The final invoice shall be submitted within
sixty(60) days after the expiration of the agreement or completion of the project, whichever
occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices
shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly
reporting as referenced in Paragraph 7 of this agreement.
• Timely submission of Request for Final Inspection (within ninety(90)days of project completion--
for each project).
• Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA)forms G702
and G703, as required below.
o A.Affidavit, The Recipient is required to submit an Affidavit signed by the Recipient°s
project personnel with each reimbursement request attesting to the following: the
percentage of completion of the work that the reimbursement request represents,that
disbursements or payments were made in accordance with all of the Agreement and
regulatory conditions, and that reimbursement is due and has not been previously
requested.
o B. AIA Forms G702 and G703. For construction projects where an architectural„
engineering or construction management firm provides construction administration
services, the Recipient shall provide a copy of the American Institute of Architects(AIA)
form G702, Application and Certification for Payment, or a comparable form approved by
the Division, signed by the contractor and inspection/certifying architect or engineer, and
a copy of form G703, Continuation Sheet, or a comparable form approved by the
Division
32
Five percent(5%)of the total eligible amount(including Federal, state and local shares)will be withheld
from payment until the final Request for Reimbursement(or backup for advance expenditure)has been
verified as acceptable by the Division's grant manager,which must include dated certification that the
Project is 100% complete. Further; all required documentation must be available in FloridaPA,org prior to
release of final 5%,to include permits,, policies&procedures, procurement and insurance documents.
Small Projects
Small projects will be paid upon obligation of the Project Worksheet. Sub-Recipient must initiate the
Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than
the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA,org,
selecting the Sub-Recipient's account, then selecting'Create New Request'„ and selecting 'New Small
Project Completion/Closeout', Complete the form and 'Save'- The final action is to Advance the form to
the next queue for review.
Financial Consequences:
For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal; state and local
requirements,the Division shall withhold a portion of the funding up to the full amount. Any funds
advanced to the Sub-Recipient will be due back to the Division.
33
Attachment C
CERTIFICATION REGARDING IDEBARM,ENT, SUSPENMON, INELIGIBILITY
and VUAJNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipien€, certifies, by submission of
this document,that neither it nor Its principals is presently debarred,suspended, proposed for
debarment,declared ineligible,orvofun?wisy excUded from parkipation in this transaction by any
Federal department or agency,
(2) Where the Sub-recipiert's 1--.11.bcontrackor;s unable to cer6lrly to the above statement, the prospective
contract shall attach an explanation to thk- forrn.
CONTRACTOR
BY
Signature Sub-Recipient's Name
DEM Contract Number
Street Address EMIA Project Nurnber
City,State,Zip
Date
4
Attachment D
DESIGNATION OF AUTHORITY
The Designation of Authority Form is submitted with each new disaster or emergency declaration to
provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org
system in order to enter notes, review notes and documents, and submit the documentation necessary to
work the new event,The Designation of Authority Form is originally submitted as Attachment"D"to the PA
Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate
contact should review the agency contacts at least quarterly. The Authorized Representative can request
a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is
correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A
new form will only be needed if all authorized representatives have separated from your agency. Note that
if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not
included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the
system, not supplemented.All users must log in on a monthly basis to keep their accounts from becoming
locked.
Instructions for Completion
Complete the form in its entirety; listing the name and information for all representatives who will be working
in the FloridaPA.org Grant Management System. Users will be notified via email when they have been
granted access.The user must log in to the FloridaPA.org system within 12 hours of being notified or their
account will lock them out. Each user must log in within a 60-day time period or their account will lock them
out- In the event you try to log in and your account is locked, submit a ticket using the Access Request link
on the home page.
The form is divided into twelve blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent"—This should be the highest authority in your organization who is authorized
to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this
person will have full accesslauthority unless otherwise requested).
Block 2: "Primary Agent" — This is the person designated by your organization to receive all
correspondence and is our main point of contact.This contact will be responsible for answering questions,
uploading documents, and submitting reports/requests in FloridaPA,org. The Primary Agent is usually not
the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities.
(Only one Primary Agent is allowed and this contact will have full access).
Block 3: "Alternate Agent"--This is the person designated by your organization to be available when the
Primary is not.. (Only one Alternate Agent is allowed and this contact will have full access).
Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance; and Environmental-
Historic)- Providing these contacts is essential in the coordination and communication required between
state and local subject matter experts. We understand that the same agent may be identified in multiple
blocks„ however we ask that you enter the name and information again to ensure we are communicating
with the correct individuals.
Block 7—12: "Other" (Read Only Access)—There is no limit on"Other'contacts but we ask that this be
restricted to those that are going to actually need to log in and have a role in reviewing the information.
This designation is only for situational awareness purposes as individuals with the"Other Read-Only'
designation cannot take any action in FloridaPA.org.
35
DESIGNATION OF AUTHORTri'(AGENTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRA\I
FLORID,►DIVISION OF EMERGENCY NI►NAGENIENT
Sub-Grantee:
Box l: Authorized Agent(Full Access) Box 2: Primary Agent(Full Access)
Agent's Name Agent's Name
Signature Signature
Organization i Official Position Organization i Official Position
Mailing Address Nlailmg Addacss
City,State,Zip City,State,Zip
Daytime Telephone Da<,"time Telephone
E-mail Address E-mail Address;
Box 3: Alternate Agent(Full Acces) Box 4: Other-Finance/Point of Contact(Full Access)
Agent's Name Official's Name
Signature Signature
Organization,,Official Position Organization t Official Position
Mailing Address Mailing Address
City-State,Zip City,State,Zip
Daytime Telephone Da}ti mc'rcl cphone
E-mail Address E-mail Address
Box S: Other-Risk Nigmt-Insurance(I°ull Access) Box 6: Other-Environmental-Historic(I'ull As euss)
Agent's Name Agent's Name
Signature Signature
Organization!Official Position Organization. Official Position
Mailing Address Mailing Address
Ca);State,Zip City,State,Zip
Da)time Telephone Da)lime Telephone
E-mail Address E-mail Address
The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-granwe for the
purpose of obtaining certain Grantee and Federal financial assistance under the Robert T Stafford Disaster Relief&Emergency Assistance Act,(Public Laty
93-288 as amended)or otheR ise available These agents are authorized to represent and act for the Sins-Grantee in all dealings ti"th the State of Flonda,
Grantee,for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee Additional contacts may be
placed on page 2 of this document for read only access by the above Authorized Agents.
Sub Grantee Authorized Agent Signature
--- _-__._.....--
--
Date _ .
36
DESIGNATION OF AUTHORITY(AGENTS)
FERIA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF ENIERGENCYNIANAGENIENT
Sub-Grantee: Date:
Box 7: Other (Read Only Access) Box 8: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization Official Position Organization I Official Position
Mailing Address Mailing Address
City,Stale,Zip c1l),State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
Box 9: Other (Read Only Access) Box 10: Other (Read Only Access)
Agent's Name Official's Name
Signature Signature
Organization I Official Position Organization Official Position
Mailing Address Mailing Address
City,State,Zip City,State,Zip
DayinneTeleplame Daytime Telephone
E-mail Address E-mail Address
Box 11: Other (Read Only Access) Box 12: Other (Read Only Access)
Agent's Name Agent's Name
Signature Signature
Organization Official Position Organization/Official Position
Mailing Address Mailing Address
City.State,Zip City,State,Zip
Daytime Telephone Daytime Telephone
E-mail Address E-mail Address
Sub-Grantee's Fiscal Year(FY)Stan: Month: Day:
Sub-Grantee's f-edera[Emplo)cesidenlifLcationNumix-r(EIN)
......................
Sub Grantees Grantee Cognizant Agency for Single Audit Purposes, Florida Division of Emergency Management
.............
Sub-Grantee's: FIPS Number(If Known)
NOTE- This form should be rc%iewed and necessary updates should be made each quarter to maintain efficient communication and commurry
throughout staff iumo%cr Updates may be made by email to the state Wain assigned to your account A new form will only be needed if all
authorized representatives have separated from your agency Be aware that submitting new DLsig-natton of Authority affects the contacts that have
been listed on previous Designation forms in that the information in FlorrdaPA.org will be updated and the contacts losted above%%Ill replace.not
supplement.the contacts on the previous list
REV 09-09-2017 DISCARD VMVIOUSVEPSIONS
37
Attachment E
STATEMENT OF ASSURANCES
1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies,
guidelines, and requirements, including but not limited to OMB Circulars No.A-21, A-87,A-110,A-
122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and
use of Federal funds for this Federally-assisted project.
2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient
assures and certifies that:
a. It possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action has been duly adopted
or passed as an official act of the Sub-Recipient's governing body,authorizing the filing
of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the Sub-
Recipient to act in connection with the application and to provide such additional
information as may be required.
b. To the best of its knowledge and belief the disaster relief work described on each
Federal Emergency Management Agency (FEMA) Project Application for which
Federal Financial assistance is requested is eligible in accordance with the criteria
contained in 44 C.F,R. §206, and applicable FEMA policy documents.
c. The emergency or disaster relief work therein described for which Federal Assistance
is requested hereunder does not, or will not, duplicate benefits available for the same
loss from another source„
3) The Sub-Recipient further assures it will:
a. Have sufficient funds available to meet the non-Federal share of the cost for
construction projects. Sufficient funds will be available when construction is completed
to assure effective operation and maintenance of the facility for the purpose
constructed, and if not it will request a waiver from the Governor to cover the cost.
b, Refrain from entering into a construction contract(s)for the project or undertake other
activities until the conditions of the grant program(s) have been met, all contracts meet
Federal, State, and local regulations.
c,. Provide and maintain competent and adequate architectural engineering supervision
and inspection at the construction site to ensure that the completed work conforms to
the approved plans and specifications„and will furnish progress reports and such other
information as the Federal grantor agency may need.
d. Cause work on the project to be commenced within a reasonable time after receipt of
notification from the approving Federal agency that funds have been approved and will
see that work on the project will be done to completion with reasonable diligence.
e.. Not dispose of or encumber its title or other interests in the site and facilities during the
period of Federal interest or while the Government holds bonds, whichever is longer.
f,. Provide without cost to the United States and the Grantee/Recipient all lands,
easements and rights-of-way necessary for accomplishment of the approved work and
will also hold and save the United States and the Grantee/Recipient free from damages
due to the approved work or Federal funding,
g. Establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
38
themselves or others,particularly those with whore they have family,business,or other
ties.
h. Assist the Federal grantor agency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended; Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 by:
i, consulting with the State Historic Preservation Officer on the conduct of
investigations, as necessary; to identify properties listed in or eligible for
inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties; and
ii. by complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
i, Give the sponsoring agency or the Comptroller General; through any authorized
representative, access to and the right to examine all records; books„ papers, or
documents related to the grant.
j. With respect to demolition activities:
L 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;
ii, return the property to its natural state as though no improvements had been
contained thereon;
iii. furnish documentation of all qualified personnel, licenses, and all equipment
necessary to inspect buildings located in Sub-Recipient's jurisdiction to detect
the presence of asbestos and lead in accordance with requirements of the U.S.
Environmental Protection Agency, the Florida Department of Environmental
Protection, and the appropriate County Health Department;
iv. provide documentation of the inspection results for each structure to indicate
safety hazards present, health hazards present„ and/or hazardous materials
present;
v. provide supervision over contractors or employees employed by the Sub-
Recipient to remove asbestos and lead from demolished or otherwise
applicable structures;
vi. leave the demolished site clean; level; and free of debris;
vii, notify the Grantee/Recipient promptly of any unusual existing condition which
hampers the contractors work;
viii. obtain all required permits;
ix: provide addresses and marked maps for each site where water wells and
septic tanks are to be closed, along with the number of wells and septic tanks
located on each site, and provide documentation of such closures,;
x. comply with mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act;
xi. comply with all applicable standards, orders, or requirements issued under
Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act,
Executive Order 11738, and the U.S. Environmental Protection Agency
regulations. (This clause must be added to any subcontracts); and
xii, provide documentation of public notices for demolition activities.
39
k. Require facilities to be designed to comply with the"American Standard Specifications
for Making Buildings and Facilities Accessible to, and Usable by the Physically
Handicapped," Number A117,1-1961, as modified. The Sub-Recipient will be
responsible for conducting inspections to ensure compliance with these specifications
by the contractor.
I. Provide an Equal Employment Opportunity Program, if required to maintain one,where
the application is for$500.000 14 or more.
m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay
within the required time period, begin working with the Grantee/Recipient in good faith
to agree upon a repayment date.
n. In the event a Federal or State court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing on the Grounds of race, color,
religion, national origin,sex, or disability against a recipient of funds,forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
4) The Sub-Recipient agrees it will comply with the:
a. Requirements of all provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 which provides for fair and equitable treatment of
persons displaced as a result of Federal and Federally-assisted programs.
b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq.which limit certain political
activities of employees of a State or local unit of government whose principal
employment is in connection with an activity financed in whole or in part by Federal
grants.
c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief
appropriations, and employment,,contributions, and solicitations.
d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards
Act.
e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and
laborers (including watchmen and guards) employed on Federally assisted contracts
be paid wages of not less than one and one-half times their basic wage rates for all
hours worked in excess of forty hours in a work week.
f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least
the minimum prescribed wage, and also that they be paid one and one-half times their
basic wage rates for all hours worked in excess of the prescribed work-week.
g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs"of
wages in Federally financed or assisted construction activities.
h. Requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements. It
further agrees to ensure that the facilities under its ownership, lease or supervision
which are utilized in the accomplishment of the project are not listed on the
Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify
the Federal grantor agency of the receipt of any communication from the Director of
the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, which requires that on and after March 2, 1975, the purchase
of flood insurance in communities where such insurance is available, as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards.The phrase
cif
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate,subsidy, disaster assistance loan or grant, or any other form of direct
or indirect Federal assistance.
j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other
insurance as may be reasonable., adequate, and necessary to protect against further
loss to any property which was replaced; restored, repaired, or constructed with this
assistance. Note that FEMA provides a mechanism to modify this insurance
requirement by filing a request for an insurance commissioner certification (ICC). The
state"s insurance commissioner cannot waive Federal insurance requirements but may
certify the types and extent of insurance reasonable to protect against future loss to an
insurable facility.
k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provisions of the current edition of the Office
of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all
other applicable Federal laws, orders, circulars, or regulations, and assure the
compliance of all its Sub-Recipients and contractors.
I. Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part
18;,Administrative Review Procedure;; Part 20,, Criminal Justice Information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review
of Department of Justice Programs and Activities; Part 42, Nondiscdmination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures„ and Federal laws or regulations applicable to
Federal Assistance Programs-
m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint
in construction of rehabilitation or residential structures.
n. Energy Policy and Conservation Act and the provisions of the State Energy
Conservation Plan adopted pursuant thereto.
o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with
Disabilities Act(ADA) (1990).; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations; and
Department of Justice regulations on disability discrimination, and assure the
compliance of all its Sub-Recipients and contractors.
p. Provisions of Section 311, P.L. 93-288., and with the Civil Rights Act of 1964 (P-L. 83-
352) which, in Title VI of the Act, provides that no person in the United States of
America, Grantees/Recipients shall„ on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Sub-Recipient receives
Federal financial assistance and will immediately take any measures necessary to
effectuate this agreement. If any real property or structure is provided or improved with
the aid of Federal financial assistance extended to the Sub-Recipient, this assurance
shall obligate the Sub-Recipient or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits,
q. Provisions of Title IX of the Education Amendments of 1972, as amended which
prohibits discrimination on the basis of gender.
t
r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism.
s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended,
relating to confidentiality of alcohol and drug abuse patient records.
t. Provisions of all appropriate environmental laws, including but not limited to:
i. The Clean Air Act of 1955, as amended;
ii. The Clean Water Act of 1977, as amended;
iii. The Endangered Species Act of 1973;
iv. The Intergovernmental Personnel Act of 1970;
v. Environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969;
vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or
potential components of the national wild and scenic rivers system;
vii. The Fish and Wildlife Coordination Act of 1958;
viii. Environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, regarding the protection of underground water
sources;
ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated
October 19, 1982 which prohibits the expenditure of newest Federal funds
within the units of the Coastal Barrier Resources System..
u. The provisions of all Executive Orders including but not limited to-,
i, Executive Order 11246 as amended by Executive Orders 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; layoffltermination, rates of pay or other forms of
compensation; and election for training and apprenticeship.,
ii. EO 11514 (NEPA).
iii, EO 11738(violating facilities).
iv. EO 11988(Floodplain Management).
v. EO 11990(Wetlands).
vi. EO 12898 (Environmental Justice).
5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE
as required by the Drug-Free Workplace Act of 1988.
42
This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans,
reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance
extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial
assistance will be extended in reliance on the representations and agreements made in this Assurance and
that both the United States and the Grantee/Recipient have the joint and several right to seek judicial
enforcement of this assurance.This assurance is binding on the Sub-Recipient,its successors,transferees„
and assignees
FOR THE SUBGRANTEE/SUB-RECIPIENT :
Signature
Tina Boan, Sr. Director Budget& Finance 0 310 5/2 0 1 8
Printed Name and Title date
43
Attachment F
Election of Participation in
Public Assistance Alternative Procedures(PAAP) Pilot Program
Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the
Sandy Recovery Improvement Act (Division B of P.L. 113-2), execution of a Supplemental Funding
Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub-
Recipient prior to the payment of such funds by the State as the Recipient,.
Payments processed under the Alternative Procedures provisions will be requested as an advance and
are exempt from advance requirements covered by Section 216.181(16); Florida Statutes. They will,
however; be treated as an advance for purposes of Requests for Reimbursement(RFRs)and satisfaction
of the requirement that ninety percent(90%)of previously advanced funds must be accounted for prior to
receiving a second advance_
In order to elect to participate in the PAAP program for one of the following options, you must read the
Guidance found at https://www.fema.gov/alternative-procedures and then complete the required
documents on the following pages. The documents can be found under the Permanent Work section of
the webpage in editable .pdf format if preferred.
PAAP for Debris Removal (Category A Ractuired Documents:
• Public Assistance for Alternative Procedures Pilot Program for Debris Removal
Acknowledgement
https.11www fe a ov! edia-library- ta115 4 119 56 9-
2f a9ae3e22d 63 b 2eOfI/APPENDIX A Revisedfor limited sliding scale 8-23-
ILpdf
PAAP for Permanent Work Cate oriel C-G Re uired documents:
• Fixed Subgrant Agreement Letter
https://www.fema.govimedia-librapL-deta/i3 154 775 5-
38 7 6c ae 4 c37127 f722150 Alternative rocedurs Pilot rags a n
nt Work Fixed Subgrant Agreement Lett r%2012-1 -13. f
• Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement
https:// . e .g v/ _ edi -libr - atal1 1 5 254 -
11 gc7 f b5c12 e13 01291 Iterative Procedures Pilot PrograM_EftgngUfflL
Work Acknowledgernent%2012:�13-1 df
All PAAP Related Documents(guides, Fact Sheets, Standard Operating Procedures, FAQs,Archived
Docs, etc.) may be found at: tt s l! .fe ov/ edia-libra !assets! oc 15868
Note:PAAP Pilot Program Guide for Debris Removal(Version 5)published June 28, 2017 contains the
following changes:
The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for
one year to June 27, 2018. As part of the extension, FEMA will only authorize the sliding scale provision
in events with significant debris impacts.The other three provisions available under the Pilot remain
unchanged.
For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot's sliding scale
provision to high impact incidents that meet the following criteria: high concentration of localized damage
4
large quantities of debris (over$20M or 1.5 million cubic yards); and disasters declared very soon after
the incident(8 days)to incentivize rapid debris removal.
This guide is applicable to disasters declared on or after June 28, 2017.The changes to the sliding scale
provision are applicable to disasters declared on or after August 28, 2017. This version of the pilot
guide supersedes the previous pilot guide for debris removal(W)which was published June 28, 2016.
45,
Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency
Management Agency(FEMA) is implementing alternative procedures for the Public Assistance(PA)
Program through a pilot program.
As a representative of the subrecipient, we elect to participate in the following:
-,Accelerated Debris Removal-increased Federal cost share (sliding scale)
x Recycling Revenue(subrecipient retention of income from debris recycling without a award offset)
x One-time incentive for a FEMA-accepted debris management plan and identification of at least one
pre-qualified contractor
x Reimbursement of straight time force account labor costs for debris removal
1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its
debris removal subawards.
2. For the sliding scale,,the subrecipient accepts responsibility for any costs related to debris operations
after six months from the date of the incident unless; based on extenuating circumstances; FEMA
grants a time extension.
3, The subrecipient acknowledges that FEMA may request joint quantity evaluations and details
regarding subrecipient operations necessary to assess the pilot program procedures.
4. All contracts must comply with local, state, and Federal requirements for procurement, including
provisions of 2 CFR Part 200.
5. The subrecipient must comply with all Federal, state and local environmental and historic
preservation laws, regulations, and ordinances.
6. The Office of Inspector General may audit any subrecipient andtor subaward.
4 03/05/201 a
SignaturA of Subrecipient's Authorized Representative Date
Tina Boan, Sr. Director Budget& Finance
Printed Name and Title
Monroe County
Sub-Recipient Name PA ID Number
r We elect to not participate in the Alternative Procedures for Debris Removal.
4
FIXED SUBGRANT AGREEMENT LETTER
DATE;
To Address-
To FEMA:
As a Public Assistance(PA) Sub-Recipient
(PA ID ), in accordance with Section 428 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, we agree to accept a permanent work subgrant based on a fixed
estimate in the amount of$ for subgrant number (copy attached)
under Disaster## .We accept responsibility for all costs above the fixed estimate.
We understand that by participating in this pilot program we will be reimbursed for allowable costs in
accordance with 44 CFR§ 13.22(b)—'Applicable cost principles".. the reimbursement will not exceed the
fixed estimate, We also understand that by agreeing to this fixed estimate, we will not receive additional
funding related to the facilities or sites included in the subgrant.We also acknowledge that failure to
comply with the requirements of applicable laws and regulations governing assistance provided by FEMA
and the PA alternative procedures pilot program guidance(such as procurement and contracting;
environmental and historic preservation compliance; and audit and financial accountability) may lead to
loss of Federal funding.
Signature of Sub-Recipient's Authorized Representative Date
Printed Name and Title
Signature of Grantee's Authorized Representative Date
Printed Name and Title
47
Public Assistance Alternative Procedures Pilot Program for Permanent Work
Acknowledgement
In accordance with the Sandy Recovery Improvement Act of 2013,the Federal Emergency Management
Agency(FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a
pilot program.As a representative of the Sub-Recipient, our agency understands the following,
1.We plan to participate in the following elements:
Subgrants based on fixed estimates, and as the Sub-Recipient, accept responsibility for costs
above the estimate
Consolidation of multiple fixed subgrants into a single subgrant
FEMA validation of Sub-Recipient-provided estimates
Elimination of reduced eligible funding for alternate projects
�.-J Use of excess funds
a i Review of estimates by an expert panel for projects with a Federal share of$5 million or greater
2. The pilot is voluntary„ and a Sub-Recipient may participate in alternative procedures for one or more
large project subgrants:
3. If the Sub-Recipient accepts a fixed subgrant estimate,the Sub-Recipient understands they are
responsible for all costs greater than the fixed amount,
4. The Sub-Recipient agrees to notify the Grantee regarding the specific use of excess funds.
5, All contracts must comply with local, State„ and Federal requirements for procurement, including
provisions of 44 CFR Part 13.
6. The Office of Inspector General may audit any Sub-Recipient and/or subgrant.
7. EHP review must be completed for all subgrants, including cases where new scopes of work would
require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this
requirement may lead to loss of Federal funding.
8. The Sub-Recipient may submit appeals in accordance with 44 CFR§206.206. However, FEMA will not
consider appeals solely for additional costs on fixed subgrants..
Signature of Sub-Recipient's Authorized Representative Date
Printed Name and Title
Sub-Recipient Name PA ID Number
We elect to not participate in the Alternative Procedures for Permanent Work.
48
Attachment G
PUBLIC ASSISTANCE PROGRAM GUIDANCE
GRANTEE'S/RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM (FloridaPA.org)
Sub-Recipient s must use the Grantee's/Recipient's web-based project management system,
FloridaPA.org, (available at www.FloridaPA.org)to access and exchange project information with the State
throughout the project's life.This includes processing advances,reimbursement requests,quarterly reports,
final inspection schedules, change requests, time extensions, and other services as identified in the
Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient.
The Sub-Recipient is required to have working knowledge of the FloridaPA.org system,
PROJECT DOCUMENTATION
The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate
closeout and audits, the Applicant should file all documentation pertaining to each project with the
corresponding PW as the permanent record of the project. In order to validate Large Project Requests
for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website.
Contact the grant manager with questions about how and where to upload documents, and for assistance
linking common documents that apply to more than one(1) PWn
The Sub-Recipient must retain sufficient records to show its compliance with the terms of this.Agreement,
including documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives under this Agreement and all other applicable laws and regulations, for a
period of five(5) years from the date of the Sub-Recipient account closeout by FEMA.
The five(5) year period is extended if any litigation, claim or audit is started before the five(5) year period
expires, and extends beyond the five(5) year period, The records must then be retained until all litigation,
claims. or audit findings involving the records have been resolved.
Records for the disposition of non-expendable personal property valued at$5,000°0 or more at the time it
is acquired must be retained for five(5)years after final account closeout.
Records relating to the acquisition of real property must be retained for five (5) years after final account
closeout.
INTERIM INSPECTIONS
Interim Inspections may be requested by the Sub-Recipient,,on both small and large projects, to:
i. conduct insurance reconciliations-,
ii. review an alternate scope of work,
iii. review an improved scope of work, and/or
iv. validate scope of work and/or cost.
Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under
the following conditions:
i, a quarterly report has not been updated between quarters;
ii.. the Sub-Recipient is not submitting Requests for Reimbursement (RFR's) in a
timely manner;
4
iii. requests for a Time Extension have been made that exceed the Grantee's/
Recipient's authority to approve; and/or
iv. there are issues or concerns identified by the Recipient that may impact funding
under this agreement.
PROJECT RECONCILIATION AND CLOSEOUT
The purpose of closeout is for the Sub-Recipient to certify that all work has been completed. To ensure a
timely closeout process, the Sub-Recipient should notify the Recipient within sixty(60)days of Project
completion.
The Sub-Recipient should include the following information with its closeout request:
• Certification that project is complete;
• Date of project completion; and
• Copies of any Recipient time extensions.
Large Projects
With exception of Fixed Cost Estimate Subawards; Alternate Projects and Improved Projects where final
costs exceed FEMA's original approval; the final eligible amount for a Large Project is the actual
documented cost of the completed, eligible SOW, Therefore, upon completion of each Large Project that
FEMA obligated based on an estimated amount; the Sub-Recipient should provide the documentation to
support the actual costs, If the actual costs significantly differ from the estimated amount,the Sub-
Recipient should provide an explanation for the significant difference.
FEMA reviews the documentation and; if necessary, obligates additional funds or reduces funding based
on actual costs to complete the eligible SOW. If the project included approved hazard mitigation
measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If
during the review, FEMA determines that the Sub-Recipient performed work that was not included in the
approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original
estimated amount, and review the additional SOW for EHP compliance.
For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the
funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance
provided at http.1/www,fema.aov/alternative-procedures.
Once FEMA completes the necessary review and funding adjustments, FEMA closes the project.
Small Projects
Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small
Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for
completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount
on individual Small Projects if one of the following conditions applies:
• The Sub-Recipient did not complete the approved SOW;
• The Sub-Recipient requests additional funds related to an eligible change in SOW;
• The PW contains inadvertent errors or omissions;; or
• Actual insurance proceeds differ from the amount deducted in the PW.
In these cases, FEMA only adjusts the specific cost items affected.
If none of the above applies„the Sub-Recipient may request additional funding if the total actual cost of all
of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this
case,the Sub-Recipient must request the additional funding through the appeal process; described in the
5,0
PAPPG Chapter 3:IV.D, within sixty(60)days of completion of its last Small Project. FEMA refers to this
as a net small project overrun appeal. The appeal must include actual cost documentation for all Small
Projects that FEMA originally funded based on estimate amounts.
To ensure that all work has been performed within the scope of work specified on the Project
Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion,
select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope
of work and/or outside of the approved performance period cannot be reimbursed.
TIME EXTENSIONS
FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The
deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is
18 months from the declaration date.
TY061 of Wotk Months
Emergency Work 6
Permanent Work 18
If the Applicant determines it needs additional time to complete the project, including direct administrative
tasks related to the project, it must submit a written request for a time extension to the Recipient with the
following information:
• Documentation substantiating delays beyond its control;
• A detailed justification for the delay;.
• Status of the work; and
• The project timeline with the projected completion date
The State(FDEM) has the authority to grant limited time extensions based on extenuating circumstances
or unusual project requirements beyond the control of the Sub-Recipient.
It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months.
FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating
circumstances justify additional time. This applies to all projects with the exception of those funded under
the PAAP Accelerated Debris Removal procedure and projects for temporary facilities.
With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of
the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating
circumstances beyond the Applicant's control:
• Permitting or EHP compliance related delays due to other agencies involved
• Environmental limitations (such as short construction window)
• Inclement weather(site access prohibited or adverse impact on construction)
FEMA generally considers the following to be circumstances within the control of the Applicant and not
justifiable for a time extension:
• Permitting or environmental delays due to Applicant delays in requesting permits
• Lack of funding
• Change in administration or cost accounting system
• Compilation of cost documentation
Although FEMA only provides PA funding for work performed on or before the approved deadline, the
Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for
any project that the Applicant does not complete, If the Applicant completes a portion of the approved
1
SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for
the uncompleted work. For example, if one project includes funds for three facilities and the Applicant
restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the
Applicant did not restore.
Request should be submitted prior to current approved deadline, be specific to one project, and include
the following information with supporting documentation:
• Dates and provisions of all previous time extensions
• Construction timeline f project schedule in support of requested time
• Basis for time extension request:
Delay in obtaining permits
■ Permitting agencies involved and application dates
my Environmental delays or limitations(e.g., short construction window, nesting seasons)
■ Dates of correspondence with various agencies
■ Specific details
• Inclement weather(prolonged severe weather conditions prohibited access to the area, or
adversely impacted construction)
o Specific details
• Other reason for delay
o Specific details
Submission of a request does not automatically grant an extension to the period of performance. Without
an approved time extension from the State of FEMA(as applicable), any expenses incurred outside the
P,O,P, are ineligible.
INSURANCE
The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA
is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources.
Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance
grants in order to avoid a duplication of benefits.The Sub-Recipient further understands and agrees that If
Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance
and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4)and
312 (c).
As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206 252-253, for damaged
facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are
reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the
insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require
insurance to be obtained and maintained for projects where the total eligible damage is less than$5,00000
In addition to the preceding requirements, the Sub-Recipient under-stands it is required to obtain and
maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding
in future disasters pursuant to§311 of the Stafford Act.As stated in the Stafford Act,"Such coverage must
at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub-
Recipient to purchase and maintain insurance,where that insurance is"reasonably available, adequate or
necessary to protect against future loss" to an insurable facility as a condition for receiving disaster
assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does
not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds
from the current disaster." If the Slate Insurance Commissioner certifies that the type and extent of
insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable
facility,the Regional Administrator may modify or waive the requirement in conformity with the certification:.
The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all
insurance considerations contained in the Stafford Act and in 44 C,F.R. §§206.252-253,
2,
The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of
any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees
to provide all pertinent insurance information, including but not limited to copies of all policies, declarations
pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for
each insured damaged facility.
The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance
policies to the best of its ability to maximize potential coverage available.
DUPLICATION OF BENEFITS
The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered
by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever.
The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits,from any source,
for any damage identified on the applicable Project Worksheets, for which the Sub-Recipient has received
payment from the Recipient.
The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes
aware of the possible availability of, applies for, or receives funds, regardless of the source, which could
reasonably be considered as duplicate benefits.
In the event the Recipient determines the Sub-Recipient has received duplicate benefits,the Sub-Recipient
gives the Grantee/Recipient and/or the Chief Financial Officer of the State of Florida,the express authority
to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due
and payable to the Sub-Recipient, and to use such remedies as may be available administratively, at law,
or at equity; to recover such benefits.
COMPLIANCE WITH PLANNINGIPERMITTING REGULATIONS AND LAWS
The Sub-Recipient is responsible for the implementation and completion of the approved projects described
in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local,
State, and Federal legal requirements.
If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and
any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the
local government comprehensive plan..
The Sub-Recipient must ensure that any development or development order complies with all applicable
planning, permitting,, and building requirements including, but not limited to, the National Environmental
Policy Act and the National Historic Preservation Act.
The Sub-Recipient must engage such competent, properly licensed, engineering, environmental,
archeological, building, and other technical and professional assistance at all project sites as may be
needed to ensure that the project complies with the contract documents.
FUNDING FOR LARGE PROJECTS
Although Large project payment must be based on documented actual costs, most Large Projects are
initially approved based on estimated costs- Funds are made available to the Sub-Recipient when work is
in progress and funds have been expended with documentation of costs available. When all work
associated with the project is complete, the State will perform a reconciliation of actual costs and will
transmit the information to FEMA for its consideration for final funding adjustments(See Closeouts).
The submission from the Sub-Recipient requesting this reimbursement must include;
a) a Request for Reimbursement(available in FloridaPA_org)„
3
b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in
FloridaPA.org and is automatically created when the Request for Reimbursement is submitted
(and is supported by copies of original documents such as, but not limited to, contract
documents,insurance policies,payroll records,daily work logs, invoices, purchase orders,and
change orders); and
c) the FDEM Cost Claim Summary Workbook(found in the Forms section of FloridaPA.org),along
with copies of original documents such as contract documents, invoices, change orders,
canceled checks (or other proof of expenditure), purchase orders, etc.
ADVANCES
Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance
Payment. Notwithstanding Paragraph 9) Funding,, in the Agreement, these payments are not bound by
Section 216.181(16), Florida Statutes;
1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB
Circulars A-87,A-110, A-122, and the Cash Management Improvement Act of 1990.
2. All advances must be held in an interest-bearing account with the interest being remitted to the
Recipient as often as practicable, but not later than ten(10)business days after the close of each calendar
quarter,
3. In order to prepare a Request for Advance (RFA) the Sub-Recipient must certify to the Recipient
that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and
subcontractors without unnecessary delay.. The Sub-Recipient must prepare and submit a budget that
contains a timeline projecting future payment schedules through project completion.
4. A separate RFA must be completed for each Project Worksheet to be included in the Advance
Funding Payment.
5. The Sub-Recipient must complete a Request for Reimbursement(RFR)via FloridaPA.org no more
than ninety (90) days after receiving its Advance Payment for a specific project, The RFR must account
for all expenditures incurred while performing eligible work documented in the applicable Project
Worksheet for which the Advance was received.
6. if a reimbursement has been paid prior to the submittal of a request for an advance payment, an
Advance cannot be accepted for processing.
7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if
the Sub-Recipient meets the following conditions:
a) the Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to
ensure that funds are disbursed to project vendors, contractors, and subcontractors without
unnecessary delay;
b) the Sub-Recipient must submit to the Recipient the budget supporting the request,.
8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the
funds, which also specifies the amount of funds requested and certifies that the advanced funds will be
expended no more than ninety(90) days after receipt of the Advance;
9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share
of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub-
Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination
by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient
was improper,
4
DESIGNATION OF AGENT
The Sub-Recipient must complete Attachment D by designating at least three agents to execute any
Requests for Advance or Reimbursement,certifications,or other necessary documentation on behalf of the
Sub-Recipient.
After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to
contacts via email to the State assigned team.
In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have
separated from the Sub-Recipient's agency, a designation of authority form will be needed to change
contacts.
NOTE. This is very important because if contacts are not updated, notifications made from
FloridaPA.ory may not be received and could result in failure to meet time periods to appeal a
Federal determination.
DUNS O&A
What is a DUNS number?
The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number
provided by Dun &Bradstreet(D&B). The DUNS number is site specific. Therefore, each distinct physical
location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number.
Who needs a DUNS number?
Any institution that wants to submit a grant application to the Federal government. Individual researchers
do not need a DUNS number if they are submitting their application through a research organization:
How do I get a DUNS number?
Dun &Bradstreet have designated a special phone number for Federal grant and cooperative agreement
applicants/prospective applicants. Call the number below between 8 a.m. and 5 p,m , local time in the 48
contiguous states and speak to a D&B representative. This process will take approximately 5—10
minutes and you will receive your DUNS number at the conclusion of the call.
1-866-705-5711
What do I need before I request a DUNS number?
Before you call D&B, you will need the following pieces of information:
• Legal Name
• Headquarters name and address for your organization
• Doing business as (dba)or other name by which your organization is commonly recognized
• Physical address
• Mailing address(if separate from headquarters and/or physical address)
• Telephone number
• Contact name and title
• Number of employees at your physical location
How much does a DUNS number cost?
There is no charge to obtain a DUNS number.
Why does my institution need a DUNS number?
New regulations taking affect Oct. 1,2003 mandate that a DUNS number be provided on all Federal grant
and cooperative agreement applications. The DUNS number will offer a way for the Federal government
to better match information across all agencies;
55
How do I see if my institution already has a DUNS number?
Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement
applicant. D&B will tell you if your organization already has a number assigned. If not, they will ask if you
wish to obtain one.
Should we use the+4 extension to the DUNS number?
Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the
Federal government assign any importance to the extension. Benefits, if any, derived from the extension
will be at your institution only.
Is there anything special that we should do for multi-campus systems?
Multi-campus systems can use what is called a parent DUNS number to aggregate information for the
system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite
campus will need to reference the main campus DUNS number as their parent DUNS when obtaining
their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique
grantee organization, then each campus needs to obtain their own DUNS number.
Does the DUNS number need to be included on individual fellowship applications?
Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the
application. Individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not
require a DUNS number.
What does the DUNS number have to do with the Central Contractor Registry(CCR), soon to be the
Business Partner Network(BPN)?
Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically
through Grants gov. Your organization will need a DUNS number in order to register in the CCR, The
CCR is the central registry for organizations that have received Federal contracts. If your organization has
received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that
your organization information is up to date. For more information about the CCR, please visit the CCR
web site at:www.ccr.gov.
What should we do if our institution has more than I DUNS number?
Your institution will need to decide which DUNS number to use for grant application purposes and use
only that number.
Does this apply to non-US organizations?
Yes, this new requirement applies to all types of grantee organizations including foreign„ non-profit„for
profit as well as for state and Federal government agencies.
Does this apply to non-competing progress reports?
No. This new requirement applies only to competing applications.
Are there any exceptions to the new DUNS number rules?
Individuals who would personally receive a grant or cooperative agreement award from the Federal
government apart from any business or non-profit organization they may operate are exempt from this
requirement. Also individual Kirschstein-NRSA fellowships that propose training at Federal laboratories
do not require a DUNS number.
Who at my institution is responsible for requesting a DUNS number?
This will vary from institution to institution.This should be done by someone knowledgeable about the
entire structure of your institution and who has the authority to make such decisions. Typically this
request would come from the finance/accounting department or some other department that conducts
business with a large cross section of the institution.
516
We are an organization new to Federal grant funding so we obviously need a DUNS number. But we
don't want to be included in any marketing list. What can we do?
Inclusion on a D&B marketing list is optional. If you do not want your name/organization included on this
marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B
representative during your DUNS number telephone application.
Who do we contact if we have questions?
If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone
number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement, contact
Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at
sswab@omb eon.00v.
Substitute Form W-9
For the purpose of this Agreement, a Sub-Recipient is also a Vendor.
The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9..The
purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number(TIN), official entity name,
a business designation(sole proprietorship, corporation, partnership, etc.),, and other taxpayer information
to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting
are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue
Service Form W-9.
Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and
services or make payments to any vendor that does not have a verified Substitute W-9 on file with
the Department of Financial Services,Vendors are required to register and submit a Form W�9 on the
State's Vendor Website at http ;6tfly nor. loridacfo.co
517
Attachment H
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
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,//www usa spending. ov/..
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 WorksheeV 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$25,000 or more in Federal funds as described above. Please
provide the following information and return the signed form to the Division as requested.
PROJECT#: NIA g too not Complete
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $ Federal share amount only
OBLIGATIONIACTION DATE: date awarded to State of Florida
SUBAWARD DATE (if applicable):
DUNS#:
DUNS#+4:
'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,comfweb or ). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME,
DBA NAME(IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1
58
ADDRESS LINE 2,
ADDRESS LINE 3:
CITY STATE ZIP CODE+4"
PARENT COMPANY DUNS#(if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT(Up to 4000 Characters)
Complete eligible Projects for repair or replacement of Disaster damaged facilities.
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" r
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE,
"Providing the Zip+4 ensures that the correct Congressional District is reported-
EXECUTIVE COMPENSATION INFORMATION:
1. 1. In your business or organization's previous fiscal year, did your business or organization
(including parent organization, all branches, and all affiliates worldwide)receive(a) 80 percent or
more of your annual gross revenues from Federal procurement contracts (and subcontracts) and
Federal financial assistance(e.g. loans„ grants, subgrants, and/or cooperative agreements, etc.)
subject to the Transparency Act, as defined at 2 CFR 170.320; , (b)$25.,000„000 or more in annual
gross revenues from U.S. Federal procurement contracts (and subcontracts)and Federal financial
assistance(e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act?
Yes ❑ No❑
If the answer to Question t 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 El No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at httpllwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL.COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
59
appearing below to report the"Total Compensation"for the five(5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"ExecutiveA 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:
im 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 insurance paid on behalf of the employee, perquisites or
property)for the executive exceeds$10,000,
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion )
Rants - Total Compensation
(Highest to Name for Most Recently
Lowest Last, First,MI) Title Completed Fiscal Year
1 _
2
3
4 _.
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW„THE INFORMATION
PROVIDED HEREIN 1S ACCURATE,.
SIGNATURE:
NAME AND TITLE;
DATE:
€a
Attachment I
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 CPR 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:
61
P1.20D,App.11 2 CFR Ch.11(1-1-17 Ed laid
saamy's Federal awards may Include.Pro- awarding agency should consider approaches
tiding this Information lets a potential ap- such as 11TIOZ:
phenol, Identify way requIrtmeruts with J. let®of c-pied-bon he rescind in
which It would bar*difficulty complying If multiple WAYS(O.c by cola se,PAX,andl
Its application Is successful.in the"cam, at email.an well as regular nesH).
early hotifleatlab about the require agents al. 11, A but or small address that nuiltipla
to the potential applicant to decide bat to people accam.so that Someone will roupoad
apply or to take needed actions before ra• evan If othsra so-unaxpectedly absent dur-
calving &be genteel award. The annoonce. its critical pertods.
uwaL need not Include all of the tarns and Hl.Different oontacta for duklact kinds of
conditions of the Federal mr2rd. but may help Oa,g.,one for questions of prograntmatic
refer to a document(with Information about coolant and a seecad for adirdolstrakiva
how in obLein It)Or lot.rnet bit.Where ON. CRUO&Llotw).
plicants can—tha terms and condition,if
this funding opportunity will lead to Federal H. o aTIGIN I OpTlacht,
awards with some special forms and count. This Section may Include any additional
aeons In"differ from the raderal a UC Information that WHI atalst a potential up,
mcenoy'm usual(sometlater called"ittorrul") Plicaht.For example.the section micbL
berms and conditions. this section should I.Indicate whether thlo Is a now program
highlight them special tartre,and conditions, or a one-Umn Initiative.
Doing so will alert applicants Mat have to- IL Mention related programs or,other ujm
celved Federal &wLrdA from the Fedar4 coming or ongoing V&krsJ awarding agnecy
aftarditug Agency previously And might Out funding Opportunities far sirsdiar awspritles.
otherwise ex pact different terms and cobdi- Ill.Include current Internet addresses for
done. Far the we= resnou, the angoorce. Fed"awarding agency Web attes that may
mant Should Infarm potential applicants be useful to no Rppilconk to understanding
21101H.OPOCLA requirenetals that could apply the program
to particular Fedora]awards after the review IT.Alert appilcanLe to then to Identify
of applivations and Other Information.based proprietary information and biform. them
on the particular circumstances of the afliat about the guy the Fedora]awarding agency
to be Supported It hunum Subjects wvvs will handle It.
to be involved or if some situations may jut- v.Include cvrtaln routine natloss to appli•
illy special terms on intellectual Wty® tracts(eg..that The FedatiJ Poo VIAlor"L In
data sharing ar security reqnfronuote), Dal obligated to units may Federal award am
3. This section must. a rMtdL of the announcement Or tbAt Only
Include genersi Information about thc type grants of tors mat bind the Federal Govern-
fmancla! or performsmoo), uency® at to the azpnditure of hinds),
Am masna Of submission (paper or Glee ps rn 7mm Due,2s,Islis.On amanded Rt so
prenic)Of Pes"Fadaral award reporting SO- VR 4*310,July 22,20153
quLnumama.Highlight any special reporting
requiretrants for Federal awards under&hit A.PPENDIX 11 TO PART 2011--CoNTRAcT
flooding oppecLunity that dificr by re- PROVISIONS Fon Noir-FicDERAL E?m-
port type, flonitseasm fornifornkht. or cb- TY CONTRACTS UNDCR FEDERAL
CnUstlocas for me)hom whit the Federal
awardIng sconey's Federal awards usually AWARDS
require.le0dem auv2di"acebelas MUt"GO In addition to other provisions required by
desorpo,In this section all relevant resul"' the Federal agency or non-Fade mi entity.all
Monte Such M those At 2 CFR 190=and 2 contracts nude by the uon-Fetteral entity
CPH INITH). under Lbe Federal award mua&coomin provi-
U the Federal Ohara of&W Federal award uses covering the following.SO applicable.
may Include incre than MXG over the jaa� (A)Contracts for more than the Wn*HU*d
Had of performance. this Section newit to aNuOltion threshold currently set at
S form Pe%entlel about the M* 31S0,00), Which is the lalletton
LWZA adjutted
"PorLiza; requirements reflected to amount dolquattood by the Civil(an Agency
Appendix XU Award Term and Condition AcqlaUttloo Coated and the Defense Acquisl.
for Raolp6nt Inteerlty and Performance UOM Perillsfiduh Council (Councilm)as su.
Matters. tborled.by 41 UA.1190,ROM address ad
0 M-31CRAL Awn ma AGzxcy ConAm(s)— "Alstratbre,coatractuat,or Iftel remedies
REMRM in lastannee. Whom coo tars violate at
breach contract torna,and provide for such
The announcement most give potential ap. a=zloss assi penalties On appropriate.
Sucanta a FOIDUS)of contact for answering (11)All contracts In excess or 310,0of oxast
QuAstiona Or helping With lems While Lips address termination for cause and far con.
funding opportunity is open,The lateaL of vehience by Lha non Federal entity mckefing
this requirement Is to he as helpful as fan the masser by which it will be affected and
sibI4 to potAwtI&I appilmots,so the restated the basis fm"ttlhrrwnz,
2W
62
OME Guklance PL 200,App.11
(C) Equal EmPlOYMOMt Opportunity. t 5).Under 40 U.S.C.3102 of the Act,each
OeVt an otherwise provided under 41 CFR contractor most be required to compute the
Part III,all coat to that most the eternal wages of every mechanic and laborer an the
tian of I'lederally asslated.construction can- Is of a standard work weak of 40 hours.
U-wV'In 41 CPR Part 60-L3 UML Include the Work In excese of the standard work week Is
equal opportunity clause provided under 11 permissible provided that the worker Is earn-
UPR 611-1.4(b),in accordance With ExecutlTe pensated at a rate of not less than one and a
Order 112W. "Equal Employment Oppor, half time&the is rate of TxW For all bmwe
tunity"(30 FIR 1230,12M.3 CI M Part.IN4- worked In excosa of 40 hours In the work
IM Comp.,p.M).me amended by Ezecutive week.The requiremente of 40 U.;5.0.3704 an
Order IIX5. "Amending ESMULIVO Order applicable to ounaLruction work and provide
11M Relating to Equal Employment Oppor that no laborer or mechanic must be to
tualLy."and Implementing reimbitione At 41 quIred to work In surroundings or under
CM part Of. ' Mca of Federal can working conditions which are unsanitary,
Compliance Progrum, Selusl Etnployzmnt hazu-dous or daugerous.The"requirements
OPporLUnIty,Department of Labor" do act apply to the purchases of supplies or
(D)Davis-Bacon Act.,as amended(40 U,S.C, materials or Articles ardlaully&,reliable all
3141-3149),When required by Fedem)ptugram the open market,or eqntracts for traftapor
legislation.29 prime construction contracts Cation or transmission of Intelligence,
In Larose of MOM awarded by non Fed" (F) his to lafflUbUOUN Made Under A.
entities meet Include a provision for compli Con or Agrearramt,If the Federal award
an" With the Davit-Bacon Act (40 U.S.C. tat definition of 4'fundLtW agreement"
3141-3144.And 1144-M49)me supplemented by under 37 CPR 1401.2(a)&W the recipient or
Department of labor rOgUILUOU (29 CPR subreciplent wtshen to enter Into a contract
Part 5.-Labar Standards Provisions Appll with a small buslac=flrtu or notarollt orgy
cable to Contracts Covering Federally Ft nizeuton regarding the substitution of far
narreed and Ansloted Construction"). In sc- ties. sign at or parfarmanco or experi.
cord"ce with the statute,contracLant rousL manLal. developmenW, or research work
be required to M wages tot and Los- mader that"muffloc agreement,"the recipl-
Chnalco at a to"not lose than the prevailing cut or subseciptent must comply With the re
wages specified In a wage determination antramenta 61`37 CPR Part 401."PlighLa to In
mtele by the Becre of Labor.In a"Llon. veirtions Made by Nonprofit Organization&
contractors must he required to M %,ages and Small Nosiness Firms Under Govern
not Ion than once s week.The nou=Pedarml mant Grants. Contracts and CooperatiTS
entity must place a copy of the current pro ftroamoaLo."and Pay Implementing recula
vallinc wage determination Issued by the Do- tions issued by the awarding agency
partment of Labor In each solicitation.The (G)Clean Air Act(42 U.S.C.7401-7671%)and
dectalon to aw2zd.con orsubcontract the Federal Water Pollution Con Act(33
mast be conditioned UPOU the acceptance of U.E.C,1251-13M.as smanded--Orintracta And
the wage determination.71a non-Federal an. subgrants of Amounts In @seem of 3150,00
klLy muat repart all suspected or reported Must.contain a provision Lb3t Mattes the
V101MIDMA to the Federal MWArdillif agency. DOM-FOderal award to Agree 90 comply With
The 600tr"LS MML also Include a provision all applicable standards, orders or regnis.
for Lomrilance with the Copeland "Anti. tie ns leaned pursuant to the Clean Air AoL
Kickback" Act (40 U.S.C. 3145). as supple. (42 U.8 C 7401-7671%)sad the Federal Water
mented by Department of Labor regulations Pollution Control Act me namaded(33 U.S.C.
(29 OFR Part 3, "Contractors and Bob- MI 1367).Violatlaws most be reported to the
contractors on Public Building or Public Federal awarding Agency and the Reglonal
Work Financed In Whole or In Part by Loans Office of the Environmental Protection
or Grants room the United States").The Act Agency(EPA).
provides that each contractor or sub- (11)Debarment and Suareasion(Executive
recipient must be prohibited from reducing. Orders 12&V and 12U9)—A contract award
by any means.Aar person amliloyed In the ("e 2 CPR 100-M)must not benude to par-
ounatruatlon,catupletiou,or repair of public Lice 114 Led on the Cover eareatwide exelualons
work, to give up any part of the compouna- In the Sys for Award hranAcemant
UO2 I*which he or she 12 otherwise entitled. (SAM). In accordance with the OMB"de-
The non-Fed erAl entity must report all qua- line*at 2 CFR 180 that Implement Executive
pected or reported violations to the Federal Orden 12M(3 CPR part IM Comxx,p. W)
Awarding Agency. And 12M (3 CFR part IM Comp., p. M),
(9) Contract Work Home and Safety "Debarment and Suspension," SAM Exchn.
Standards Act (40 U.S.C, 1t Where alone contain*the names of parties debrATW.
applicable.all contracts awarded by the non- sianpauded. or otherwise excluded by Allen-
Federal entity In ex cem of$100.000 that In- Ckg. as Well an Parties declared Ineligible
Volvo the employment of mec hanics or labor. under statutory or regulatory authority
en rmun.include a provision for compliance other thin Executive Order 1250.
with 4D U.S.0 3M and 37Dt,an supplemented (1) Byrd Anti LobbYinc Amendment (31.
by Department of Labor reculations(20 CFR U.S C M2 nLracLora that apply or bid
201
63
Iff.2DO.App,111 2 CFR Ch.1111-1—17 Ecifflan)
her an an eacmd1ox SIMAD must the the EXTUORthor trOWINIORL MAY Include it in the
rcjuked esstjnyathm.Fach tier certifies to Instruction runctlent,
the tier army*that it will not and has mot (2)Detvidawstal Teseewch. at h,
used Federal apstrourlated fucuts to pay may development and scholarly activities that
poison Or Organisation for jUtcanereg Or at,. are not omanized. tsevomb and. con-
tempting to Influence an Officer or employee sequently,are not separately bud"ted and
ofouty agency.a messiber a(concrum,critter macerated for- t n research, for
Or employ"of Congress,cc an employea of® purposes oft dovuhntnt,Is not considered
"- .9 cloncrass In causecu.0 with On ass WAIW maction,but"a two of the in
talclas any Federal contract.grant or any structloft ftuactiou of the lastitutIGR.
of award covered by 31 U.13 a I=FAch (3)Only onandatory*"t 61vorlft or coat
tier raest also disclose kay 1tbbyjuc with a ux sPecifloallY so ted In the ProJect
noa-Fod.ral runds that takes plaor in wa. btoleat mot be included in the arsectized re-
no"J"M With abnijamif Any Federal'W'rdL warch ban for conoixuJaz the lndlmL(FAA)
Ruch dhalcournt me forwarded from rite to vast rate or reflected Ina allocation of in-
tier up tot nco.Yodoral award- d1rect. conts. Mary I is above statutory
W)Bas 12COM r7oturantent or 1��varad Undta am mot mmidered cast sbaring.
rnnterw.. b, 0ygraniced resength W.V," all tneOntsh
and doveloponant activities of an mstItwUcb
[70 rR 7M.Dec.X 201,as amended at TO mat an soragattly budgeted and acwtuented
FR?"M DOC.1%2014) for.It Includes.
(1)Spnmored xtttanh runwas all rm-ftb
App"Dix III iv PARr 2D0-1mDiREaT and da"NOPWOUL Mtivltlo* that are spun.
(FlxA) Com IDrNnF;aATiox ANzy oured by Federal and eon rodard&Causles
Arimia"MENT.AND RArr Durv=NA- Sed ffltrsmlgaticas This term Includes activi
TION Fort INIOTMTHINH LI,F HIGHER Use lotbivine the training of ludgridaLle In
FDucATn,.4 WlEn) rcenorch techniques (—mnurnly ct.11.4 r�
ovamb trawnsi where Ruch Acurtuce Utilize
A.GENERAL the name fuUiUoa as other reanarch szol de-
"'I.PWRL oxtivitles and where Nwh scu"
ThIs appendix Proyiden critarlb for ldentl- ties are mot included in the lastructija Aw"'.
tying add yumputlzqf Indirect (or Indirect Uon.
(F&A))rates at 1HE9(matItutions).Indirect (2) Unfuersity fewarch awana all research
(FhA)*WU an those that am Incurred for &U4 deVegaymot activit" tend, arvi —in
c a or WAL objecUrea and therefore ratoly beolaotod and szvonot4d for by the in.
vaumot be Identified readily ssul spwiticallY, atitutlaft under an Internet arsAleation of In-
with S pa"Icalar Sponsored project,an In 091tational ToDda, Univeralty researth, tar
stractional activity, or edy other lostit". Purt"ob at thin docurmft% nawt be e�qjk-
ti'aal activity. Use sabsecli.. B.1,D.R.j. bi-d with sponsored movart:h under the
lion of Vadlitift and Adminheratio.,fora froictlOn Of h.
dicaubtlon of the aceepantato of ludirft, a-Ofhev ruampred aclAvUla nusaw procrtuns
and projects nucaced by FWOrj avor ono
Vaderal savocres,and Mactizations which In
1.Major Funrilafts afan InstifutIm Volvo the performwoce Of work other than in
etruiction sad ortsmizod research. Ezzopplas
Hatera to lastrucUon.organized ressank, of b prorans a" pmjajA are hdt%
of sponsored Activities And other lostint. service projecui and oarcannurly 4vrvl,v pro
UoPAI Activities as defitod in this secuou- crasna,However.when any oft actiritlea
a. INS09dwa hooraw the teschizz and ore uftd�j.k.b by Lbe jotjLqLja wj%hu&
training S0101LICS Of SO ftlatIMARIft.EX04pL Uuuold&fflUppsrt. they May herlacelfrod as
&w ratenrob training on provided to sub- Other institutional actmUss,
section b,this to Includes all tewhing add d.01-kff initgfution4l admillea means all ac
training Activityes.whether they Wo offered tiviii"of an Intsitutiou except few just"In.
Our cmd1to tavord a depec or c.01flusta or tlon, departmental research, argantand ro-
an a non buois.and whether they am neorch,and other sponsored actlintics,an do-
'ftrati LbrfflWb reaular acadande depart fined.In this section;indlowc&(P&A)enct so
owata or beforgle divUlan%such as a num- Uvilles kloalffied In this A para-
ncr achnoll di-latou or on mateoal.n division, graph 13,Ideagification and staigantant of in
Also considered part oft MAJOr ftuctitku direct(FhA)seats;and opecializod nervicat
are dejurtonvaW rosesach, and, where facilitim tl lbwl in 120GAN SpocWhd
agreed to,University ressurch. survLce facilities oft part,
(1)spomoW 1841yurflaft and traWko meaw Exatomilm Of of luti&utitural Activities
stceific I ft-trocil-all Or training activity- Include operation of roal&uec Wt..dining
tablished by I.cunt I,or neop"jive haria.bagidtala and ctivics,student anbraa.
LgrearmaL Par purposes, of the cost pria. lotarcolmillata:athletics, lty
Opine, this activity may be considered a bousing,awdent araxtatoata, guest bounce,
unlor function sees.Astern an imtRutima's clospele,theaters.public other
M
64
Attachment J
DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT
The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by
Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed
below:
There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the
prescribed rules to the point that the OIG believed the below listed violations could have nullified the
FEMA/State agreement.
1. Non Competitive contracting practices.
2. Failure to include required contract provisions.
3. Failure to employ the required procedures to ensure that small,minority, and women"s owned firms
were all given fair consideration.
4. Improper"cost-plus-a-percentage-of-cost"contracting practices.
The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related
Project Costs; Report Number OIG-16409-13 dated July 1, 2016. The following may be reasons for
the disallowance or total de-obligation of funding given under the FEMA/State agreement:
1. Use of improper contracting practices.
2, Unsupported costs.
3. Poor project accounting.
4. Duplication of benefits.
5. Excessive equipment charges (applicability may vary with hazard mitigation projects).
6. Excessive labor and fringe benefit charges.
7, Unrelated project costs.
& Direct Administrative Costs.
9. Failure to meet the requirement to obtain and maintain insurance,.
Key Points that must be followed when Administering FEMA Grants:
• Designate one person to coordinate the accumulation of records.
• Establish a separate and distinct account for recording revenue and expenditures, and a separate
identifier for each specific FEMA project.
• Ensure that the final claim for each project is supported by amounts recorded in the accounting
system,
• Ensure that each expenditure is recorded in the accounting books and references supporting
sources of documentation(checks, invoices; etc.)that can be readily retrieved,
65
• Research insurance coverage and seek reimbursement for the maximum amount, Credit the
appropriate FEMA project with that amount.
• Check with your Federal Grant Program Coordinator about availability of funding under other
Federal programs(Federal Highways, Housing and Urban Development, etc.)and ensure that the
final project claim does not include costs that another Federal agency funded or could have funded:.
• Ensure that materials taken from existing inventories for use on FEMA projects are documented by
inventory withdrawal and usage records.
• Ensure that expenditures claimed under the FEMA project are reasonable„ necessary„ directly
benefit the project, and are authorized under the"Scope of Work,"
I acknowledge that I have received a copy of, and have been briefed on,the above DHS OIG Audit Issues,
Monroe County 03/05/2018
Sub-Recipient Agency Date
N
Signature
Tina Boan Sr. Director Budget&Finance
Printed Name&Title
66
Attachment K
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is
requested. Balance of payments will be made on a reimbursement
basis.. These funds are needed to pay pending obligations for
eligible work. 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..
--------------
BUDGET CATEGORY/LINE ITEMS 20 -20 Anticipated Expenditures for First Three Months
(list applicable line items) of Agreement
Example:PW#00009(0) Contract Work$1,500,000.00(provide detailed justification).
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 must be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399,
within thirty(30)days of receipt, along with any interest earned on the advance)..
66
Attachment K
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of $ a
requested. Balance of payments will be made on a reimbursement
basis. These funds are needed to pay pending obligations for
eligiblework We would not be ableto operate the program without
this advance
If you are requesting an advance, complete the following chart and line item justification below
BUDGET CATEGORY/LINE ITEMS 20_ -20—
Anticipated Expenditures for First Three Months
(list applicable line items) of Agreem ent
Example:PW#fJ0001(0) Contract Work$1,500,000.00{provide detailed justification).
TOTAL EX PENSES
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 must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399,
within thirty (30)days of receipt, along with any interest earned on the advance)
Hurricane Irma Roadway Repairs I Upper Keys Project
ATTACHMENT C
MINORITY OWNED BUSINESS DECLARATION
Nlitnonini
'' , a sub-contr-ictor e)`aged by Monroe County during the completion
of work associated with the below indicated l roject
(Check one)
is a minority business c:titr i11 ,..v, a"u�. in�u .. section 288.703,Florida Statutes
or
is not a minority business enterprise,as defined in Section 288.703,Florida Statutes.
F.S.288.703(3) "Minority business c_�a.rprise"means anly,sn-ail:business concern as ixefined in subsection(6)(see
below)which is organized to engage in commercial tr a nsac:i!or,s- whic l:. 'is domiciled in Florida,and which is at least
51-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or
gender makeup or national origin),which has been subjected historically to disparate treatment due to identification
in and with that coup resuming in ar wnderrepresentt ,,n of c omme-cial enterprises under the group°s control,and
whose management and daily operations are controlled by such persons. A minority business enterprise may
primarily involve the practice ofa r-_)te_,sion. J nine h,p Inv a p;r:con does not include ownership which is
the result of a trai7si`el"fs011l a notia.ii verity person to a lnnw ir,• cersoL_within'a relates irnsnediate family group if
the combined total net ssc value of;1!1 aiemb rs of t mi1 t>gro4ap �a;Weds$1 million.For purposes of this
subsection,the turrri`�wlated iaied,ate family<Y;oup n leans oire or more children wnder 16 years of age and a
parent of such children o .i �rTz)ii5e r�1 �yi�lA s,r.�..1�i" ,t ii3yra o,} <;:� sj3 11aFi�sc ri� liv �a� pIl1 „
F.S 288.703(6)"Small business' an independently ose and operated business concern that employs 200 or
fewer permanent full-time cmploy:�I_Is ,nd that togetl has a net worth of not more than$5
million or any firm based in this cute;Mich has a Sin,21 Bcsi ass Administration Wal,certification.As applicable to
sole proprietorships,the$5 °IlIli1on oe,worth require ant sh;ijl include i oth personal Lind business investments.
Contractor niay refer 1C).$,S, 2i'i '70': for t� ore tin i I'i<St1i?i`i.
_.... _.
i
Ontr ACt i I-T?1: Mor .)'c County
Signature S y,gnature
Print Name: 1 _ � __ Printed d "�<me,- {
..... .._
Title:__ ) _ r t�le1 C.i 1 „pairtr. apt
erified v'M:
......
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m: ..`.:..a..jgsf"..: ..n ._.:n,fl, Eit' .c orr1..11 .4ectoljes
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Address: .. � -rk _ fl .t;s<
— ....._�... .._.........
City/State/Zip . . i�(�� .,ate'
Date: -' 1 o w a i r '$ € 1 lil Qt1lZaM. _
Hurricane Irma Roadway Repairs I Upper Keys Project
ATTACHMENT D
MONRE COUNTY BOCC FORMS
1
Hurricane Inna Roadway Repairs i Upper Keys Pro,gect
NON-COLLUSION AFFIDAVIT
I, M I of the city of I 1Laccording to law on my oath, and
under penalty of perjury, depose and say that;
1. I am of the fine of
w the bidder snaking the Proposal for the project
described in the Request for Competitive Solicitations for:
Hurricane Irma Roadwav ReDairs I UnDer Kevs Pro'ec t '
t
Monroe County, Florida
t
i
and that I executed the said proposal with full authority to do so;
2.) the prices in this bid have been arrived at independently without collusion, consultation,
i
communication or agreement for the purpose of restricting competition,as to any matter relating
to such process with any other bidder or with any competitor;
i
3.) unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will
not be knowingly disclosed by the bidder prior to bid opening,directly or indirectly,to any other
bidder or to any competitor; and
s;
4.)no attempt has been made or will be made by the bidder to induce any other person, partnership
or corporation to submit,or not to submit, a bid for the purpose of restricting competition;
5.) the statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
c? 'tracts for sa.Aiptoject.
Oignature of Bidder) (Date)
iS
;'
STATE OF:
COUNTY OF:_MOnt
av
PERSONALLY APPEARED BEFORE ME,the undersigned authority, C> '
(name of individual signing)who after first bei sworn by me,affixed his/her signature in the space provided above on this
` day of �`" 20 't
u,
N6TAIY PUBLIC
My commission expires:
Notary Public,State of Florida
Commission#GG 250851
Mi y Comm.Expires Aug 20,2022
au rded through National Notary Assn, '
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6/l/2020 BID PROPOSAL 00110-5
Hurricane Irma Roadway Repairs I Upper Keys Pro'ect
LOBBYING AND CONFLICT F INTEREST CLAUSE
SWORN STATEMENT UNDER INANC NO. 010-1990
MONROE COUNTY,FLORIDA
Com an
( P Y)
"... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or
employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee
in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,
in its discretion, terminate this contract without liability and may also, in its discretion,deduct from the contract
or purchase price,or otherwise recover,the fu apiount 7oy fee,commission,percentage,gift,or consideration
paid to the former County officer or empl e
(Signature) (Date)
's
STATE OF -F-ko i
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
_who er first being sworn by me, affixed his/her
Signature in the space provided '
ame of individual signing)
i'
Above on this day of _, 20
PUBLIC'.r _.
.. . i'
IN[BEEVE
JFaPy Puhlic State of Florida
,.
rn 0o€r:1rRSsion G 250g�a1 My GOm111ISSIOn expires:
r; Mp c.n€rm,txpire5 Aug 20,202x .
r,P`.Dugh Nations,Notary A an,
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6/1/2020 BID PROPOSAL 00110-6
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Hurricane Irma Roadwa i Repairs I HT2er Keys I'zcs zct
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1:
DRUG-DRUG-FREE WORKPLACE FORM
�i
The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that:
AM RPA
a (Name of Business)
L Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions l;
that will be taken against employees for violations of such prohibition. ,
2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs,and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection(1).
4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the
commodities or contractual services that are under bid, the employees will abide by the terms of the
statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or
any state, for a violation occurring in the workplace no later than five(5)days after such conviction.
5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community,or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section. '
As a person authorized to sign the statement, 1 certify that this firm complie �y with above requirements.
Bidder's Signature h'
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Date
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6/1/2020 BID PROPOSAL 00110-7
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Hurricane Inna Ito Away Rep rs I Utrper K-evs Project
PUBLIC ENTITY CRIME STATEMENT
sI�
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity,may not submit a 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 public entity,may not be
awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a
contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither roposer's name)
nor an Y 'filia
P
as te h been laced on the convicted vendor list within the last 36 months.
----------------
(Signature) (Date)
t
STATE OF: i
COUNTY OF:
Subscribed and sworn to (or affirmed)before me on the day of , 20 ) by
(name of affiant). He/She is person plc wn to me or
has produced (type of identification)as
identification.
is
JONI BEEVER '
NOT:uy Public Stag of Florida
,orrrvisslon#GG 250E51
my comr.mxoires Aug 20,2022 t
9onue4 throw;' ,:i'i..anal Notary Assc,
My Commission Expires:
NOTARY PUBLIC
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6/1/2020 BID PROPOSAL 00110- 8
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Hurricane Irma Roadway Repairs I Upper Keys Protect
j—
SECTION 00110
Bid Bond
---------------------------
KNOW ALL MEN BY THESE PRESENTS,that we
(Here insert full name and address OT legal title of Contractor)
as Principal, hereinafter called the Principal,and
(Here insert full narne and address or legal title of Surety)
a corporation duty organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of
Dollars($
for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,
our heirs,executors,administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,the Principal has submitted a bid for
(Here insert ful I name.address and description of prqiect)
NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall-enter a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in
the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the
Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger
amount for which the Obligee may in good faith contract with another party to perform the Work covered by
said bid,then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and scaled this day of 20
(Witness) (Principal) (Sea])
...................................................
(Title)
(Witness) (S urety) (Seal)
(Title)
6/1/2020 BID PROPOSAL 00110-9
hurricane Ira_Roadway Repairs i LI er Keys Project !l
Bidder's Insurance Statement
The Insurance requirements are set forth in Section 00900 of the project manual as follows:
t
InLULan,gg HrUuiLMent I i its
Worker's Compensation Statutory Limits
Employer's Liability WC2 $500,0001$500,0001$500,000 F
4
General Liability GL2 $500,000 Combined Single Limit �
rt
ok
GLXCU *Required Endorsement
Underground, Explosion and Collapse
(XCU)
Vehicle Liability VL2 $200,000 per person; $300,000 per occurrence
(Owned, hired and $200,000 Property Damage
Non- owned Vehicles) or
$300,000 Combined Limit
The Contractor must include the South Florida Water Management District, Florida Department of
Transportation, Monroe County and property owners of lots 1, 10, 14 and 15 as additional insured on
General Liability Policy.
c'
I understand the insurance that will be mandatory if awarded the contract and will comply in full with
all these requirements. '
All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of
Florida.
Af
..... _ _.-�_ J ..... F .....
Name of Business Signature Date
i
�i
t,
6/1/2020 BID PROPOSAL 00110- 10 '
Hurricane Irma Roadway Renairs I I1�r�er ICe
,N T JIM
Air A T ANlI T
Project Descriptions): 1 It 1 t t i t
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title: _
Address: q4411
City: IWYIPa 1 M State: 11LZip:
Phone Number:
Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting
or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or ;
renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is .
engaged in business operations in Cuba or Syria. 1'
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies
that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not
listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies '
with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or
a.,
Syria. _;
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification .
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company is found to =j
have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel
List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been
engaged in business operations in Cuba or Syria. ,
Certified By: M 1 P A �i— VJ0 C> who is ;
authorized to sign on behalf o,Pheve referenced company.
Authorized Signature:,
Print Name: 1 .-1~...: ,t ,,S i
Note: The List are available at the following Department of Management Services Site: `
grid co nl i Usti tio -s, /stat��p r�l�g�jjUj/ae dgi
gy red dH5 "UTMU-1 go conmlaiiits vendor lists
6/l/2020 BID PROPOSAL 00110- 1.1 i.
DATE(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
07/17/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Krista Scarborough
NAME:
Caton-Nosey Insurance HCONN. Ext: (386)767-3161 a/c,No): (386)760-1770
3731 Nova Rd. E-MAIL Krista@catonhosey.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Port Orange FL 32129 INSURERA: ICW Group 27847
INSURED
INSURER B
Affordable Asphalt,Inc,DBA:Affordable Asphalt INSURER C:
94411 Overseas Highway INSURER D:
INSURER E:
Tavernier FL 33070 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL206824025 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO TED
CLAIMS-MADE OCCUR -PREMISES Ea occurrence) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $
PRO- ❑ LOC PRODUCTS-COMP/OP AGG $
POLICY ❑
OTHER: ( h $
Q I - COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY h� Ea accident) $
7' _�,
ANY AUTO -- BODILY INJURY(Per person) $
OWNED SCHEDULED H/31/2 O 2 O
AUTOS ONLY AUTOS - '°""-`""° -
BODILY INJURY(Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
,AUTOS ONLY AUTOS ONLY O . �-- Per accident)
ccident $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION $ $
WORKERS COMPENSATION X1
SPTER
EORH
AND EMPLOYERS'LIABILITY Y/N 1'DDD'DDD
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
AOFFICER/MEMBER EXCLUDED? N/A WFL 5055467 00 O5/08/2020 O5/08/2021
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
License CBC1262034
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Highway
AUTHORIZED REPRESENTATIVE
Suite 300
Marathon FL 33050
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
ACCORV
DATE(MM/DD/YYYY)
CERTII LIABILITY INSURANCE
o7/20/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements.
PRODUCER George A Zellner Co CONTACT Certificates
4114 Sunbeam Road PHONE 904 356-1492 FAX
tntr.Nfl_E4 ( )...--_._..__ (904)354-4328
Suite 101 E-MAIL certificates@zellnednsurance.com
Jacksonville FL 32257-
_ _ INSURER(S)AFFORDING COVERAGE _ - NAIC#
_-._.._ INSURERA:Auto-Owners Insurance Company 18988
INSURED INSURER B:Old Dominion Insurance Co 0231
Affordable Asphalt,Inc. INSURER_V:Western World Insurance Co. 524126
94411 Overseas Highway INSURER D: 1
Tavernier FL 33070-
...INSURER E: -----.— _----
IN
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l TYPE OF INSURANCE IADDL SUBIRI POLICY R POLICY EFF PO ECYIL POLICY LIMITS
IN5R
C X COMMERCIAL GENERAL LIABILITY X X !NPP8716068 b7/20/2020 7/20/2021 (EAC_HOCCURRENCL $ 1,000,000
CLAIMS-MADE .�OCCUR DAMAGE TO RENTED 100,000
— - PREMI4E4(Ea_ncrurrence) $ -- ,� _—
MED EXP(Any one person) $ 1,000
PERSONAL&ADV INJURY $ 1,000,000
...._--- ..._.._..---
POLICY E LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000
I _ AGGREGATE
X I PRO- [II LOG 2,000,000
--:. .-1 JECT �_—J -PRODUCTS-COMP/OP AGG '$
OTH $
B ,AUTOMOBILE LIABILITY X X IB1 P0948P '107/20/2020 P7/20/2021 (O,,cc de q)SINGLE LIMIT $ 1,000,000
I�.ANY AUTO ( BODILY INJURY(Per person) $
ALL OWNED � ]SCHEDULED BODILY INJURY Per accident) $
i_— AUTOS AUTOS ( )
HIRED AUTOS A�TOSWNED I^ .._—.... .----.. ..._.
r,, - - PROPERTY DAMAGE
UMBRELLA LIAR OCCUR 'I... ^ `" 4
EXCESS LIAR ' 8 28 2020 EACH OCCURRENCE $
CLAIMS-MADE _�,,,,�T_,�„, AGGREGATE $
T_. --- ,A
E RETENTION S WORKERS COMPENSATION 6, X - PER OTH-
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE _E,L.
OFFICER/MEMBER EXCLUDED? El N/A EACH ACCIDENT $DEN DEN --- ------"
(Mandatary in NH) - E.L.DISEASE-EA EMPLOYEE'.$
If yes,describe under ----""-"-
D RI ION OP RAT E.L.DISEASE-POLICY LIMIT '..$
A Equipment 78366062 'P7/20/2020 �07/20/2021 ;Limit 140,000
I I
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,ma be attached If more space is required)
the Monroe County Board of County Commissioners,its employees and offices are dditonal Isnured wih respects to general Liability on all policies except
Work Comp. 30 day notice of cancellation applies except 10 days for non payment
CERTIFICATE HOLDER CANCELLATION AI 008844
Monroe County Board of county SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Highway
Suite 300 AUTHORIZED REPRESENTATIVE
„r... '.r .>�
Marathon FL 33050-
Fax:( ) - O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
� DA7E(MMIDDIYYYY)
CERTIFICATELIABILITY I 1or22/2o20
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements.
PRODUCER George A Zenner Co CONTACT Certificates
4114 Sunbeam Road PHONN E fS (904)356-1492 FAX xol(904)354-4328
Suite 101 E-MAIL certificates@zellnednsurance.com
Jacksonville FL 32257- ..ADDRESS:
IN6URUR 51_AFFORDING COVERAGE .. .--, NAIL#
INSURERA:Auto-Owners Insurance Company 18988
INSURED INSURER B:Kinsale Insurance Company 38920
Affordable Asphalt, Inc. INSURER c:Main Street America 13412
94411 Overseas Highway INSURER D:
Tavernier FL 33070- INSUIIER E_........
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-INSRF
TYPE OF INSURANCE ADDL SUBRI P POLICY EFF j POLICY EXP LIMITS
MMERCIAL GENERAL X LIABILITY X X 'I0100125304-0 i08/28/2020 08/28/2021 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED ___-. - ....-...
B XTc�'', cLAIMs-MADE _... OCCUR PPROVED RISK MAN/aGEMEN PREMISES_(Ea_accurrenL_. .$ 100,000
re
'7 T MED EXP(Any-one person)..... $ 1,000 —.
-- - ip%';� ,( � L, ���X PERSONAL&ADV INJURY...- $ 1,000,000
AGGREGATE
LIMIT APPLIES POLICY X PRO- PER: GENERAL AGGREGATE _-- ,$ --.-2,000,000
L. t JEC7 -1 LOC ,.. PRODUCTS COMP!OP AGG $ _.-2 000 OOO
OTHER: 10-22-2020 $ _-
C AUTOMOBILE LIABILITY X X ;B1P0948P 7/20/2020 '07/20/2021 EaMa9cNPDLSI ..L-LIMIT $ 1,000,000
1
ANY AUTO
AUTOS �X AUTOS BODILY INJURY(Per person) $
-
ALL
AUTOS NED BODILY INJURY(Per accident)
X - X PROPERTY DAMAGE $
F.._....HIRED AUE AUTOS OS SCHEDULED '�pnr accident).._..
$
UMBRELLA LIAR ;OCCUR .. EACH OCCURRENCE `w
EXCESS LIAR CLAIMS-MADE_, AGGREGATE $
',$
- I PER OTH-
WORKERSCOMPEN5ATION
ANDEMPLOYERS'LIABILITY _ __..�TATl1IE ._EA __..... .. -.......
!ANY PROPRIETOR/PARTNER/EXECUTIVE Y N E.L.EACH ACCIDENT $-
'OFFICER/MEMBER EXCLUDED? �� Ji NIA:
--
(Mandatory in NH) j E.L.DISEASE-EA EMPLOYEE-$ ..--...
IT es,describe under
SCRIPT N OE A belo E.L.DISEASE-POLICY LIMIT $
A Equipment 78366062 b7/20/2020 07/20/2021 ';Limit 140,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
South Florida Water Management District,FDOT and The Monroe County Board of County Commissioners,its employees and officers,the property owners of
Lots 1,10,14&15 are Additonal Insured wih respects to General Liability on all policies except Work Comp. 30 day notice of cancellation applies except 10
days for non payment.
CERTIFICATE HOLDER CANCELLATION AI 008844
Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Highway
Suite 300 AUTHORIZED REPRESENTATIVE
�,.
Marathon FL 33050-
Fax:( ) - O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
DATE(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
07/17/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Krista Scarborough
NAME:
Caton-Nosey Insurance HCONN. Ext: (386)767-3161 a/c,No): (386)760-1770
3731 Nova Rd. E-MAIL Krista@catonhosey.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Port Orange FL 32129 INSURERA: ICW Group 27847
INSURED
INSURER B
Affordable Asphalt,Inc,DBA:Affordable Asphalt INSURER C:
94411 Overseas Highway INSURER D:
INSURER E:
Tavernier FL 33070 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL206824025 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO TED
CLAIMS-MADE OCCUR -PREMISES Ea occurrence) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $
PRO- ❑ LOC PRODUCTS-COMP/OP AGG $
POLICY ❑
OTHER: ( h $
Q I - COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY h� Ea accident) $
7' _�,
ANY AUTO -- BODILY INJURY(Per person) $
OWNED SCHEDULED H/31/2 O 2 O
AUTOS ONLY AUTOS - '°""-`""° -
BODILY INJURY(Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
,AUTOS ONLY AUTOS ONLY O . �-- Per accident)
ccident $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION $ $
WORKERS COMPENSATION X1
SPTER
EORH
AND EMPLOYERS'LIABILITY Y/N 1'DDD'DDD
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
AOFFICER/MEMBER EXCLUDED? N/A WFL 5055467 00 O5/08/2020 O5/08/2021
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
License CBC1262034
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Highway
AUTHORIZED REPRESENTATIVE
Suite 300
Marathon FL 33050
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
ACCORV
DATE(MM/DD/YYYY)
CERTII LIABILITY INSURANCE
o7/20/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements.
PRODUCER George A Zellner Co CONTACT Certificates
4114 Sunbeam Road PHONE 904 356-1492 FAX
tntr.Nfl_E4 ( )...--_._..__ (904)354-4328
Suite 101 E-MAIL certificates@zellnednsurance.com
Jacksonville FL 32257-
_ _ INSURER(S)AFFORDING COVERAGE _ - NAIC#
_-._.._ INSURERA:Auto-Owners Insurance Company 18988
INSURED INSURER B:Old Dominion Insurance Co 0231
Affordable Asphalt,Inc. INSURER_V:Western World Insurance Co. 524126
94411 Overseas Highway INSURER D: 1
Tavernier FL 33070-
...INSURER E: -----.— _----
IN
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l TYPE OF INSURANCE IADDL SUBIRI POLICY R POLICY EFF PO ECYIL POLICY LIMITS
IN5R
C X COMMERCIAL GENERAL LIABILITY X X !NPP8716068 b7/20/2020 7/20/2021 (EAC_HOCCURRENCL $ 1,000,000
CLAIMS-MADE .�OCCUR DAMAGE TO RENTED 100,000
— - PREMI4E4(Ea_ncrurrence) $ -- ,� _—
MED EXP(Any one person) $ 1,000
PERSONAL&ADV INJURY $ 1,000,000
...._--- ..._.._..---
POLICY E LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000
I _ AGGREGATE
X I PRO- [II LOG 2,000,000
--:. .-1 JECT �_—J -PRODUCTS-COMP/OP AGG '$
OTH $
B ,AUTOMOBILE LIABILITY X X IB1 P0948P '107/20/2020 P7/20/2021 (O,,cc de q)SINGLE LIMIT $ 1,000,000
I�.ANY AUTO ( BODILY INJURY(Per person) $
ALL OWNED � ]SCHEDULED BODILY INJURY Per accident) $
i_— AUTOS AUTOS ( )
HIRED AUTOS A�TOSWNED I^ .._—.... .----.. ..._.
r,, - - PROPERTY DAMAGE
UMBRELLA LIAR OCCUR 'I... ^ `" 4
EXCESS LIAR ' 8 28 2020 EACH OCCURRENCE $
CLAIMS-MADE _�,,,,�T_,�„, AGGREGATE $
T_. --- ,A
E RETENTION S WORKERS COMPENSATION 6, X - PER OTH-
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE _E,L.
OFFICER/MEMBER EXCLUDED? El N/A EACH ACCIDENT $DEN DEN --- ------"
(Mandatary in NH) - E.L.DISEASE-EA EMPLOYEE'.$
If yes,describe under ----""-"-
D RI ION OP RAT E.L.DISEASE-POLICY LIMIT '..$
A Equipment 78366062 'P7/20/2020 �07/20/2021 ;Limit 140,000
I I
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,ma be attached If more space is required)
the Monroe County Board of County Commissioners,its employees and offices are dditonal Isnured wih respects to general Liability on all policies except
Work Comp. 30 day notice of cancellation applies except 10 days for non payment
CERTIFICATE HOLDER CANCELLATION AI 008844
Monroe County Board of county SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Highway
Suite 300 AUTHORIZED REPRESENTATIVE
„r... '.r .>�
Marathon FL 33050-
Fax:( ) - O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
� DA7E(MMIDDIYYYY)
CERTIFICATELIABILITY I 1or22/2o20
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements.
PRODUCER George A Zenner Co CONTACT Certificates
4114 Sunbeam Road PHONN E fS (904)356-1492 FAX xol(904)354-4328
Suite 101 E-MAIL certificates@zellnednsurance.com
Jacksonville FL 32257- ..ADDRESS:
IN6URUR 51_AFFORDING COVERAGE .. .--, NAIL#
INSURERA:Auto-Owners Insurance Company 18988
INSURED INSURER B:Kinsale Insurance Company 38920
Affordable Asphalt, Inc. INSURER c:Main Street America 13412
94411 Overseas Highway INSURER D:
Tavernier FL 33070- INSUIIER E_........
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-INSRF
TYPE OF INSURANCE ADDL SUBRI P POLICY EFF j POLICY EXP LIMITS
MMERCIAL GENERAL X LIABILITY X X 'I0100125304-0 i08/28/2020 08/28/2021 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED ___-. - ....-...
B XTc�'', cLAIMs-MADE _... OCCUR PPROVED RISK MAN/aGEMEN PREMISES_(Ea_accurrenL_. .$ 100,000
re
'7 T MED EXP(Any-one person)..... $ 1,000 —.
-- - ip%';� ,( � L, ���X PERSONAL&ADV INJURY...- $ 1,000,000
AGGREGATE
LIMIT APPLIES POLICY X PRO- PER: GENERAL AGGREGATE _-- ,$ --.-2,000,000
L. t JEC7 -1 LOC ,.. PRODUCTS COMP!OP AGG $ _.-2 000 OOO
OTHER: 10-22-2020 $ _-
C AUTOMOBILE LIABILITY X X ;B1P0948P 7/20/2020 '07/20/2021 EaMa9cNPDLSI ..L-LIMIT $ 1,000,000
1
ANY AUTO
AUTOS �X AUTOS BODILY INJURY(Per person) $
-
ALL
AUTOS NED BODILY INJURY(Per accident)
X - X PROPERTY DAMAGE $
F.._....HIRED AUE AUTOS OS SCHEDULED '�pnr accident).._..
$
UMBRELLA LIAR ;OCCUR .. EACH OCCURRENCE `w
EXCESS LIAR CLAIMS-MADE_, AGGREGATE $
',$
- I PER OTH-
WORKERSCOMPEN5ATION
ANDEMPLOYERS'LIABILITY _ __..�TATl1IE ._EA __..... .. -.......
!ANY PROPRIETOR/PARTNER/EXECUTIVE Y N E.L.EACH ACCIDENT $-
'OFFICER/MEMBER EXCLUDED? �� Ji NIA:
--
(Mandatory in NH) j E.L.DISEASE-EA EMPLOYEE-$ ..--...
IT es,describe under
SCRIPT N OE A belo E.L.DISEASE-POLICY LIMIT $
A Equipment 78366062 b7/20/2020 07/20/2021 ';Limit 140,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
South Florida Water Management District,FDOT and The Monroe County Board of County Commissioners,its employees and officers,the property owners of
Lots 1,10,14&15 are Additonal Insured wih respects to General Liability on all policies except Work Comp. 30 day notice of cancellation applies except 10
days for non payment.
CERTIFICATE HOLDER CANCELLATION AI 008844
Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Highway
Suite 300 AUTHORIZED REPRESENTATIVE
�,.
Marathon FL 33050-
Fax:( ) - O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD