Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item C01
�s C.1 y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS County of Monroe , Mayor Michelle Coldiron,District 2 �� {sJ ` °' Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting August 18, 2021 Agenda Item Number: C.1 Agenda Item Summary #8277 BULK ITEM: Yes DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Jainarine Lalbachan 305-453-8796 N/A AGENDA ITEM WORDING: Approval of Homeowner's Agreement between Monroe County and Elzbieta Krysztofiak for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-FL- 2016-013 for the demolition of existing structures and reconstruction /elevation of structures at 1512 and 1514 Duncombe Street, in the City of Key West, FL in the amount of $222,697.81 with a property owner match of$46, 076.48 to prevent future flood damage and risk. ITEM BACKGROUND: The City of Key West was awarded grant funding for demolition and Reconstruction under Flood Mitigation Assistance Grant Program via FEMA Project ID FMA-PJ- 04-FL-2016-013 to provide funding to rebuild the properties located at 1512 and 1514 Duncombe Street in Key West. This grant will eliminate potential future flooding and decrease FEMA's risk. During the City drafting and executing the contract to manage the grant, Hurricane Irma struck, and the City requested that Monroe County to administer the grant and project management, given the fact that the County accepted and submitted similar grants Keys-wide (including applicants from cities following Irma), regardless of the jurisdiction and the fact that the County planned to complete other grant-funded projects for the same type of activity in the future, as Board direction. This type of program is vital to the overall rebuilding of a more resilient community, as it offers private property owners the ability to leverage funding to elevate or reconstruct their homes above the minimum base flood elevation. It is especially useful for those properties that have flooded in the past, where FEMA has paid out claims from the National Flood Insurance Program. Following discussions with the Florida Department of Emergency Management(FDEM), it was determined that Monroe County could be accepted as a subgrantee and that it had the necessary ability to take over Project FMA-PJ-04-FL-2016-013. For FDEM to accept the City of Key West's request for Monroe County to assume grant and project implementation responsibilities, on July 17, 2019, the Board of County Commissioners considered the request and approved the County Administrator submitting a letter to FDEM stating Monroe County's desire, willingness, and ability to take over this project from the City of Key West. Packet,Pg. 18 C.1 On Thursday, November 7, 2019, Monroe County received correspondence from FDEM that FMA- PJ-04-FL-2016-013 was approved. On January 22, 2020, the BOCC approved and signed the Subaward and Grant Funding Agreement for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-2016-013 for Elzbieta Krysztofiak, owner of properties at 1512/1514 Duncombe Street, in the City of Key West, FL in the amount of$222,697.81. Per the agreement set forth in FMA Grant FMA-PJ-04-2016-013, the property owner is required to provide matching funds for this project. These funds will be required in the amount of$14,134.02 for 1512 Duncombe Street(90/10 match) and $31,942.46 for 1514 Duncombe Street(75/25 match). The total required matching funds for this project that will be required by the property owner will be $46,076.48. The homeowner will provide this match amount of$46,076.48 before a notice to proceed will be issued to the homeowner and her contractor(s). The total project cost is $268,774.29 which includes match funding of$46,076.48 and grant management costs in the amount of$12,359.38. Monroe County issued Task Order No.6 (as amended on April 8, 2021, to redesignate it as Task Order No.5) in the amount of$12,359.38 to the Consultant CDR McGuire, Inc., effective March 17th, 2021, to assist the County and the Property Owner in fulfilling and complying with all terms of the FMA Grant. This Homeowner's Agreement is being brought forward to the Board of County Commissioners today to be executed to allow the homeowner to start the reconstruction projects by demolishing the two residential structures and to construct new elevated structures having the first-floor elevation at least 2.8 feet above the Base Flood Elevation (BFE) in compliance with the grant. The square footage of a resulting structure shall be no more than 10 percent greater than the of the original structure. The Period of Performance (POP) of the homeowner's agreement will be upon execution to July 31 st, 2022. PREVIOUS RELEVANT BOCC ACTION: The BOCC passed Agenda Item Summary 45694 on July 17, 2019, approving the authorization of Monroe County to assume grant management responsibilities for FEMA FMA Project FMA-PJ-04-FL-2016-013 from the City of Key West. On January 22, 2020, the BOCC approved and signed the Subaward and Grant Funding Agreement for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-2016-013 for Elzbieta Krysztofiak, owner of properties at 1512/1514 Duncombe Street, in the City of Key West, FL in the amount of$222,697.81 on Agenda Item Summary 46421. On March 17, 2021, the BOCC approved and signed a task order in the amount of$12,340 for grant management with CDR McGuire, Inc., under their contract dated 09/05/2019 for Flood Mitigation Assistance (FMA) Grant ID 2016-013 demolition and reconstruction at the correct finished floor elevation at 1512 and 1514 Duncombe Street, Key West, Florida 33040 owned by Elzbieta Packet,Pg. 19 C.1 Krysztofiak. CONTRACT/AGREEMENT CHANGES: Monroe County and Homeowner's Agreement STAFF RECOMMENDATION: Staff recommends the BOCC authorize the County Administrator to execute the homeowner's agreement between Monroe County and homeowner Elzbieta Krysztofiak for the FEMA Flood Mitigation Assistance (FMA) Grant Program (Grant ID 2016-013) for reconstruction of structures at 1512 and 1514 Duncombe Street, Key West, Florida 33040. DOCUMENTATION: FMA2016-013 Monroe County Mod 1 Agreement Reinstate Extend Legal Approval Executed- signed(4) - Reviewed 02-18-2021 (Final) Executed FMA Agreement Duncombe BOCC.03172LMonroe Task Order No.6 FMA-2016-013_Hazard Mitigation DEMO-Reconstruction of 2 Residences-(Updated 3-12-2021) Small Contract- CDR Maguire 04.12.2021 Demolition and Reconstruction Agreement(Revised)- Severe Repetitive Loss Homes FEMA Flood Mitigation Program (7-30-21) FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: $268,774.29 Total Cost to County: N/A Current Year Portion: Budgeted: $268,774.29 Source of Funds: 125-50522 GW2005 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: FMA 2016-013 County Match: N/A Insurance Required: N/A Additional Details: Funding will be reimbursed by FDEM once services are completed, and invoices submitted/received. If applicable,please type in "None" or "N/A"; OR, if costs are associated with this item, check the "Budget Affected" box below and complete the funding source box for our Budget office. For each funding source, select the cost center from the drop down list in the "Source" column and enter the amount(do not insert$ sign). If the cost center is not known or not yet created, Packet,Pg. 20 C.1 select"NEW COST CENTER ADDED" from the drop down list. PLEASE REMEMBER TO DELETE THESE INSTRUCTIONS PRIOR TO SAVING/SUBMITTING. REVIEWED BY: Rick Griffin Completed 08/02/2021 10:45 AM Assistant County Administrator Christine Hurley Completed 08/03/2021 10:43 AM Karl Bursa Completed 08/03/2021 1:58 PM Joseph DiNovo Completed 08/03/2021 2:37 PM Christine Limbert Skipped 08/03/2021 2:22 PM Purchasing Completed 08/03/2021 2:55 PM Budget and Finance Completed 08/03/2021 3:11 PM Maria Slavik Completed 08/03/2021 4:30 PM Liz Yongue Completed 08/03/2021 4:38 PM Board of County Commissioners Pending 08/18/2021 9:00 AM Packet Pg. 21 � rr�s o STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT N Ron DeSantis Jared Moskowitz 00 Governor Director CNI February 26, 2021 Mr. Karl Bursa Monroe County 102050 Overseas Hwy Key Largo, FL 33037 Re: Project #FMA2016-013, B0058 Monroe County. Dear Mr. Bursa: Enclosed is the executed Non- Hazard Flood Mitigation Grant Program contract modification number (#1) One, (Contract#B0058) between Monroe County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at LU Susan.Harris-Council@em.myflorida.com. The Project Manager for this contract is: Susan Harris-Council, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Susan Harris-Council at (850) 815-4532. Respectfully, Digitally signed by Miles E.Anderson Miles E. Anderson em c=Miless E.Anderson,o=DEM, a.c Mitigation, email=Miles.anderson@em.myflorida.com,c=US � Date:2021.03.02 12:13:14-05'00' r_ Miles E. Anderson O Bureau Chief, Mitigation State Hazard Mitigation Officer N Enclosure MEA:mm DIVISION HEA DQUA RTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.Florid aDisaster.oro 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809- , Packet,Pg. 22 C.1.a Contract Number: B0058 CD Project Number: F A- J-0 -FL-201 -013 cV cv CD MODIFICATION THE DIVISION OF EMERGENCY MANAGEMENT AND This Modification Number One made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Monroe County ("the Sub- Recipient") to modify Contract Number B0058, dated, February 27, 2020 ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Non- Hazard Mitigation Grant Program of 22 ,697. 1, in Federal Funds; and X LU HEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and > WHEREAS, the Agreement expired on October 30, 2020; and WHEREAS, the Division and the Sub-Recipient desire to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: LU 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: ( ) PERIOD This Agreement shall begin February 27, 2020, and shall end August 30, 2021, 0) unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as c set forth in the 1st Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 0 U . All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. c 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. cv . Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 3 , September 30 and December 31. 1 Packet,Pg. 23 C.1.a IN WITNESS , the parties hereto hay cut this Modification as of the dates set out below. co cv SU cv I -RECIPI T. IVloijr6e Co ntv : Name and r Title: t Date'. - d s X FLORIDASTATE OF DIVISION OF EMERGENCY MANAGEMENT > Digitally signed by Miles E.Anderson 2 Miles E Anderson em cn Miles E.Anderson,o-DEM, a.c Mitigation, email Miles.anderson@em.myflorida.com,r—US PY m Bite 202J na 02 U-11 0-05'00' Name and Title: Jared Moskowitz. Director 03/02/2021 Date: 0 0 2 C 0 N Packet,Pg. 24 C.1.a cv cv Attachmentco cv Scoper 8' Revision Homeowner: Elzbieta Krysztoflak Property Address: 1512 Duncombe Street, Key West, Florida 33040 Homeowner: Elzbieta Kryszlofiak Property Address: 1514 Duncombe Street, Key West, Florida 33040 2 X STATEMENT OF PURPOSE The purpose of this Scope of Work(S is mitigation reconstruction of two residential properties located in Key West, Florida 30 ; funded through the Flood Mitigation Assistance Grant Program (F ) FMA-PJ-04-FL-2016-013 as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (F A). The Sub-Recipient, Monroe County, agrees to administer and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and F The Sub-Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. y PROJECTOVERVIEW: As a Flood Mitigation Assistance Grant Program ( ) project, the Sub-Recipient proposes to demolish the two residential structures and to construct new elevated structures having the first floor elevation at least 2.8 feet above the Base Flood Elevation ( ) in compliance with local ordinances. The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. The new elevated structure should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting requirements. The areas below the lowest floor must be used solely for parking of vehicles, building access or storage. 0 TASKS&DELIVERABLES: c A) Tasks 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved y the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. Packet,Pg. 25 C.1.a cv The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, cv equipment, tools, transportation and supervision and for performing all work per sealed CO engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of LU contract price. > 0 The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division y the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational U license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub-Recipient shall monitor and manage the demolition and construction of each property subjected to or in danger of repetitive damage. The project shall be implemented in accordance with the approved scope of work previously presented to the Division by the Sub- ecipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, 0 labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. 0 The Sub-Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub-Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by a qualified engineer. The Sub-Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in Packet,Pg. 26 C.1.a accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient's submittal of the `V final inspection request to the Division. coV Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: ) A copy of the Local Building Official Inspection Report and Final Approval, as applicable. ) A copy of the Certificate of Occupancy issued by the local authority. ' c) A copy of Elevation Certificate before mitigation, if available. ) A copy of the Elevation Certificate after mitigation. ) -built drawings showing that the square footage of the newly constructed and elevated structure does not exceed 10 percent of the original square footage. f) All Product Specifications/Data Sheets(s) (technical standards) satisfying protect 76 requirements on all products utilized, as applicable. > 2 ) Signed notices from the affected property owner in the SFHA that the Sub-Recipient will record a Deed Notice applicable to their property, as described in section (h), below, and _ that they will maintain flood insurance. h) Confirmation that the Sub-Recipient (or property owner) has legally recorded with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book/page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property, pursuant to 42 U.S.C. 1a, failure to maintain flood insurance on this property may prohibit the owner from E receiving Federal disaster assistance with respect to this property in the event of a flood 2 disaster. The property owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and City/County Ordinances." (i) Verification that the property located within a SFHA is covered by an NFIP flood insurance o policy to the amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less. 0 Letter verifying that unusable equipment, debris, and materials were disposed of in an approved manner and location. The letter shall also include if any significant items (or evidence thereof)were discovered during implementation of the project, and that the Sub- recipient handled, managed, and disposed of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. (k) Letter verifying if any asbestos containing material, lead-based paint, or other toxic cv materials were found during construction activities, and that the Sub-recipient complied with all federal, state, and local abatement and disposal requirements. Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken t n authorized landfill for such materials shall be provided, if applicable. E Packet,Pg. 27 C.1.a (1) Proof of compliance with Project Requirements and Conditions contained herein. CO cv 3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each reimbursement request attesting to the completion of the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. N The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source LU documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. LU Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly a, rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly reports shall be submitted by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application. The requests for reimbursement shall include: ) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services `V performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; ) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor E for invoiced services; 6 Packet,Pg. 28 C.1.a c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount; The Sub-Recipient's final request for reimbursement shall include the final construction projectco cost. Supporting documentation shall show that all contractors and subcontractors have been paid. Deliverables Mitigation activities for this project consists of demolishing two existing residential structures located in Key West, Florida 3300, to construct new elevated structures having the first floor elevation at least 2.8 feet above the Base Flood Elevation ( F ) in compliance with local ordinances. The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. The new elevated structures should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting LU requirements. The areas below the lowest floor must be used solely for parking of vehicles, building access or storage. 2 Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: LU Enineeri`J 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Certificate of Occupancy issued by the local E authority and/or a copy of the local official Inspection Report and/or Final approval; as 2 applicable. 3) The Sub-Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, if available. c 4) The Sub-Recipient shall submit a copy of Elevation Certificate prepared after mitigation. 0 U 5) The Sub-Recipient shall provide as-built drawings showing that the square footage of the newly constructed and elevated structure does not exceed 10 percent of the original square footage. c 6) The Sub-Recipient shall submit all Product Specifications/Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. N 7) All installations shall be done in strict compliance with the Florida Building Code or any local codes and ordinances.All materials shall be certified to exceed the wind and impact standards of the current local codes. 7 Packet,Pg. 29 C.1.a ) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project or ) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and co clearances may jeopardize federal funding. cv Environmental: 1) Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion (CAT ),then coordination with and project review by regulatory agencies must be redone. Ch ) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require resubmission to the Division and FEMA for National Environmental Protection Act ( EPA) re-evaluation before starting project work. 2 ) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the project shall cease all activities involving subsurface disturbance in the immediate vicinity of the discovery. The Sub-Recipient shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at ( ) - 3, and theDivision's State Environmental Officer within 24 hours of the discovery. Project activities shall not resume without verbal and/or written authorization from the S , the Division, and FEMA. 2 In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section.872.05. ) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, Sub-recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. Verification of compliance is required at project closeout. ) If any asbestos containing material, lead-based paint, or other toxic materials are found during construction activities, the Sub-Recipient shall comply with all federal, state, and local `V abatement and disposal requirements. The Sub-Recipient shall provide Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials. Verification of compliance is required at project closeout. Packet,Pg. 30 C.1.a cv 6) Construction vehicles and equipment used for this project shall be maintained in good working CV order to minimize pollutant emissions. Programmatic: 1) The square footage of a resulting structure shall be no more than 10 percent greater than the , finished living floor area of the original structure. The new construction shall not exceed the new finished living floor area for each property as provided below: ) 1512 Duncombe Street, Key West, 33040 - Current Area - 540 ft2, New Area <_ 594 ft2; and ) 1514 Duncombe Street, Key West, 33040-Current Area -443 ft2, New Area <_487 ft2. ) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or LU favorable conditions allowing lower costs or earlier completion. 2 3) Pursuant to 44 CFR 1 (c), the Sub-Recipient shall obtain prior written approval from the Division and FEMA for any budget revision that would result in a need for additional funds to the overall project amount. Furthermore,the Sub-Recipient shall receive written approval from the Division for any budget revision of less than 1 % in any given budget line item, as long as the overall amount of the funds obligated under this Agreement is not increased. X LU ) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in y writing and submitted along with substantiation of new expiration date, and a new schedule of work,to the Division a minimum of seventy(7 )days prior to the expiration date,for Division processing to FE 0) ) The Sub-Recipient must avoid duplication of benefits between the FMAP and any other form 2 of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 2 .191. 0 FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub- Recipient; ) Disallow all or part of the cost of the activity or action not in compliance; Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; Withhold further awards for the program; or ) Take other remedies that may be legally available. Packet,Pg. 31 C.1.a UT T_ cv CD Funding co Federal Share: $222,697.81 ( 2. 616 %) cv Local Share: 6, 76. (17.11730/n Total Project Cost $268,774.29 (1 %) Line I * Elzbleta KrysztoflakLocalShare/ 1512 unco a Street Total Federal Share Homeowner Costs - Key West, _Floridaa roo c °®® _-. %® ..__ .2 Pre-Award-Costs $4,613.66 $4,152.29 $461.37 Construction Costs W$108,540.28 $97,686.25 $10,854.03 Pre/Post Construction Costs $8,171.00 $7,353.9017.10 Tenant Displacement Costs $13,276.00 $11,948.401,37.60 Grant Management Costs $6,499.38 $5,825.46 $673.92 0 TOTAL PROJECT COSTS: $141,100.32 $126,966.30 , Elzbieta Krysztofiak LocalShare/ 1514 Duncombe Street Total Federal Share Homeowner oss West,Key Florida 33040 Project °/® % Pre-Award Costs $4,613.65 $3,460.241,15 . 1 ®._ Construction Costs $97,947.32 $73,460.49 $24,486.83 Pre/Post Construction Costs $7,374.001, . 0 Tenant Displacement Costs $11,879.00 , 6 .7 Grant Management Costs $ 0. , 71. 3 1, . 7 T 1 1 *Any line item amount in these Budgets may be increased or decreased 10%or less with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. SCHEDULE o State/Local Contract Process 2 Months Engineering/Inspection 1 Months Permitting 1 Months Bids/Demolition/Construction 9 Months Final Inspection/Acceptance 1 Months o Closeout 3 Months Total : 17 Months This is FEMA project number - J- -FL- 1 - 1 , Monroe County Mitigation cv Reconstruction Project. The Period of Performance (POP) for this project shall end on August 10 Packet,Pg. 32 C.1.c �° Kevin Madok, CPA '�' Irk of the Circuit Court& Comptroller—Monroe County, Florida � � Clerk tY, N DATE: March 18, 2021 TO: Rick Griffin,Building Official Building Department Michelle Yzenas, Executive Assistant Building Department 0 FROM: Pamela Hanco k, .C. SUBJECT: March 17'h BOCC Meeting 0 Attached is an electronic copy ol'the following item for your handling: Cl $12,340.00'1'ask Order for Grazil Management, Aith CDR McGuire, Inc., under their conlract dated September 5, 2019, for Flood Mitigation Assistance Grant ID 201 G-013, demolition/reconstruction at die correct finished floor elevation at 1512/1 514 Dunc-oinbe Street, Key West, Florida 33040, o%iiied by Fuzbieta Krysztofiak. Should you have any questions please feel free to contact me at(305) 292-3550. N i N d C 0 N cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Dverseas Highway BM20 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 PI 305-294-4641 305-289-6027 305-852-7145 Packet,Pg. 33 C.1.c TASK ORDER NO. 6 (FMA2016-013/HAZARD MITIGATION-DEMO/RECONSTRUCTION OF 2 RESIDENCES) FEMA PROGRAM CONSULTING SERVICES cv BETWEEN MONROE COUNTY AND CDR MAGUIRE, INC. r� FOR HURRICANE DISASTER RECOVERY In accordance with the contract for FEMA Program Consulting Services made and entered into on the St' day of September 2019, by and between Monroe County hereinafter referred to as the"County"and CDR ; Maguire, Inc. hereinafter referred to as"Consultant". All terms and conditions of the referenced Contract for FEMA Program Consulting Services apply to the Task Order, unless the Task Order modifies an Article of the Contract of which will be specifically referenced in this Task Order and the modification shall be precisely described. 1. CDR Maguire, Inc. is tasked with providing grant management services necessary for the successful implementation and completion of hazard mitigation activities. The project is intended to eliminate or significantly reduce future flood risk through mitigation y reconstruction. The project includes the demolition of two (2) residential structures to construct two(2) new elevated residential structures. a Work will include general work items related to the County's Hazard Mitigation efforts that LU include, but not limited to: • Assist with the development of the"Memorandum of Understanding and Agreement for Monroe County and the Homeowner(Agreement)". • Review the agreement with the homeowner and answer questions from the homeowner and contractor about the agreement requirements throughout the project. • Support the homeowner with permits,schedules,projects final inspections,closeout,and audits. • Attend the preconstruction conference between the contractor and homeowner. • Maintain a project progress report and file including the Notice to Procced, contractor information, URA form and other State of Florida and FEMA forms. `V • Manage the project costs with the homeowner.Educating the homeowner on the budget, the allowable costs and documents required for the reimbursements. • Coordinate with the homeowner and County staff on costs overrun. • Prepare all request for reimbursement forms and invoices to be submitted to the Florida Division of Emergency Management. 0 • Assist the County in meeting deadlines imposed by FEMA and the State of Florida for documentation, quarterly reports,completion of work, requests for reimbursement,etc. • Assist with on-site final inspection. • Assist with development and ongoing activities with a team of County employees to 0 manage the project. • Help with preparation of correspondence to State of Florida and FEMA when required. • Review of current County policies and assistance with development and documentation of new County policies to ensure compliance with FEMA and State of Florida requirements and guidelines. • Other related activities as requested by the County. 0 Page 1 of 5 Packet,Pg. 34 C.1.c 2. The task above shall be performed in accordance with 2.1 of the contract for FEMA Program Consulting Services. 3. The costs for Consultant's services set forth in this Task Order shall not execeed $12,340.00 for Services related to FMA2016-013/Hazard Mitigation-Demo/Reconstruction of two (2) y Residences based upon the pricing as set forth in the Attachment A-Scope of Work and Pricing to the Agreement dated September 5, 2019 and in accordance with the grant agreement FMA2016-013 attached as Exhibit A. CDR MAGUIRE, INC. FMA2016-013/Hazard Mitigation MASTER STAFFING PLAN Demo/Reconstruction of 2 Residences " 4 a ® , Hazard Mitigation Specialist $175 $135 60 $ 10,500.00 Data Analyst $140 $100 $ - Admin $40 $40 46 $ 1,840.00 m EM Ram cu Estimated Budgetcu r9 NUT TU=EXCEED $12,M.00 4. Article IX- Miscellaneous,Section 9.29 shall be revised to add new federal regulations (2 CFR cv §200.216 and 2 CFR§200.322 and FEMA contract language as set forth below: Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 0 CFR§200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain;or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, 0 services,or systems that uses covered telecommunications equipment or services as a substantial or y essential component of any system,or as critical technology as part of any system.As described in Public Law 115-232,section 889,covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety,security of government facilities, physical security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities). ca (ii)Telecommunications or video surveillance services provided by such entities or using E such equipment. Page 2 of 5 Packet,Pg. 35 C.1.c (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR§200.322 The COUNTY and CONSULTANT y should,to the great extent practicable, provide a preference for the purchase,acquisition,or use of goods, products,or materials produced in the United States(including but not limited to iron, aluminum,steel, cement, and other manufactured products).These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: o 0 (1) "Produced in the United States" means,for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States. y (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride a pipe; aggregates such as concrete;glass, including optical fiber;and lumber. ' Compliance with Federal Law, Regulations,and Executive Orders.This is an acknowledgement that FEMA financial assistance may be used to fund the contract.The contractor will comply will all applicable federal law, regulations,executive orders, FEMA policies, procedures,and directives. No Obligation by Federal Government.The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor,or any other party pertaining to any matter resulting from the contract. i Program Fraud and False or Fraudulent Statements or Related Acts. If applicable,the contractor acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. N 5. This Task Order shall be effective as of March 17, 2021 and shall remain in effect until such services are no longer required or in accordance with 9.5 of the contract. d E 2 r_ 0 CN N. ca ca Page 3 of 5 Packet,Pg. 36 C.1.c N r� IN WITNESS WHEREOF,each party caused the Task Order to be executed by its duly authorized representative. (Seal) Attest: CDR MAGUIRE,INC. By: By: N Chief Operating Officer { o Tit Title pate:03/08/2021 BOARD OF COUNTY COMMISSIONERS IN MADOK,Clerk OF MONROE COUNTY,FLORIDA Lu y �`s sa y j•Y�n'Ynn O' By: As Deputy Clerk Mayor/Chairman N M0NROECOUNTYATTDRHPY PPR VtD AS TO 0IIyy}} 1.,rga AYY,>znri,� py CHRISTINE UMBERT-HARROWS P' ASSISTANTCOMfORNFY DATE CV C 0 3 c _- r� CJ Page 4 of 5 Packet,Pg. 37 C.1.c EXHIBIT A r9 m cv 4- 0 c c 2 0 w LU N r9 i cv d m le 0 c 0 cv r9 ca u Page 5 of 5 Packet,Pg. 38 C.1.c cv r9 Attachment Scope of Workn et 181 Revision Homeowner: Elzbieta Krysztofiak Property Address: 1512 Duncombe Street, Key West, Florida 33040 4- 0 Homeowner: Elzbieta Kryszlofiak c Property Address: 1514 Duncombe Street, Key West, Florida 3040 2 0 STATEMENT OF PURPOSE The purpose of this Scope of Work( is mitigation reconstruction of two residential properties located in Key West, Florida 3300; funded through the Flood Mitigation Assistance Grant Program ( A) - J- - L-2 - 13 as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, Monroe County, agrees to administer and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. i PROJECT OVERVIEW: r- - As a Flood Mitigation Assistance Grant Program (FMA) project, the Sub-Recipient proposes to demolish the two residential structures and to construct new elevated structures having the first floor elevation at least 2.8 feet above the Base Flood Elevation ( FE) in compliance with local ordinances. The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. c The new elevated structure should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting requirements. The areas below the lowest floor must be used solely for parking of vehicles, building access or storage. TASKS & DELIVERABLES: cv ) Tasks 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved U by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. 3 Packet,Pg. 39 C.1.c cv The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. 0 The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. c The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under thisLU agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. i 2) The Sub-Recipient shall monitor and manage the demolition and construction of each property subjected to or in danger of repetitive damage. The project shall be implemented in accordance with the approved scope of work previously presented to the Division by the Sub- Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. The Sub-Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub-Recipient shall not deviate from the approved project terms and conditions. c Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by a qualified engineer. The Sub-Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in Packet,Pg.40 C.1.c accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) A copy of the Local Building Official Inspection Report and Final Approval, as applicable. b) A copy of the Certificate of Occupancy issued by the local authority. c) A copy of Elevation Certificate before mitigation, if available. cV d) A copy of the Elevation Certificate after mitigation. c e) As-built drawings showing that the square footage of the newly constructed and elevated structure does not exceed 10 percent of the original square footage. y f) All Product Specifications/Data Sheets(s) (technical standards) satisfying protect requirements on all products utilized, as applicable. g) Signed notices from the affected property owner in the SFHA that the Sub-Recipient will record a Deed Notice applicable to their property, as described in section (h), below, and that they will maintain flood insurance. h) Confirmation that the Sub-Recipient (or property owner) has legally recorded with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book/ page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: i "This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property, pursuant to 42 U.S.C. § 154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The property owner is also required to maintain this property in accordance with the floodplain management criteria of44 CFR 60.3 and City/County Ordinances." d (i) Verification that the property located within a SFHA is covered by an NFIP flood insurance policy to the amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less. } Letter verifying that unusable equipment, debris, and materials were disposed of in an approved manner and location. The letter shall also include if any significant items (or evidence thereof)were discovered during implementation of the project, and that the Sub- recipient handled, managed, and disposed of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. (k) Letter verifying if any asbestos containing material, lead-based paint, or other toxic materials were found during construction activities, and that the Sub-recipient complied U with all federal, state, and local abatement and disposal requirements. Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials shall be provided, if applicable. Packet,Pg.41 C.1.c (1) Proof of compliance with Project Requirements and Conditions contained herein. r9 ) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel a with each reimbursement request attesting to the completion of the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and (n timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, , Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. LU Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be i detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. cv The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by v the Division in coordination with the Sub-Recipient. Quarterly reports shall be submitted by r the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; 6 Packet,Pg.42 C.1.c c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount; The Sub-Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. } Deliverables Mitigation activities for this project consists of demolishing two existing residential structures located in Key West, Florida 33040, to construct new elevated structures having the first floor elevation at least 2.8 feet above the Base Flood Elevation (BFE) in compliance with local ordinances. The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. 2 The new elevated structures should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting 0 requirements. The areas below the lowest floor must be used solely for parking of vehicles, building access or storage. LU Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REgUIREMENT : } Engineering i 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Certificate of Occupancy issued by the local authority and/or a copy of the local official Inspection Report and/or Final approval; as applicable. 3) The Sub-Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, c if available. 4) The Sub-Recipient shall submit a copy of Elevation Certificate prepared after mitigation. ) The Sub-Recipient shall provideas-built drawings showing that the square footage of the newly constructed and elevated structure does not exceed 10 percent of the original square footage. c 6) The Sub-Recipient shall submit all Product Specifications/Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. ca 7) All installations shall be done in strict compliance with the Florida Building Code or any local codes and ordinances.All materials shall be certified to exceed the wind and impact standards of the current local codes. 7 Packet,Pg.43 C.1.c ) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. } Environmental. 1) Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year cv or more after the date of the categorical exclusion (CATEX),then coordination with and project o review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require resubmission to the Division and FEMA for National Environmental Protection Act ( EPA) re-evaluation before starting project work. 3) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. o If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, _ metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the project shall cease all activities involving subsurface disturbance in the immediate vicinity of the discovery. The Sub-Recipient shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at (8 ) 245-6333, and the Division's State Environmental Officer within 24 hours of the discovery. Project activities shall not resume without verbal and/or written authorization from the SHPO, the Division, and FEMA. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with FloridaZ Statutes, Sectiw 872.05. ) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, Sub-recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. Verification of compliance is required at project closeout. 5) If any asbestos containing material, lead-based paint, or other toxic materials are found during construction activities, the Sub-Recipient shall comply with all federal, state, and local abatement and disposal requirements. The Sub-Recipient shall provide Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials. Verification of compliance is required at project closeout. Packet,Pg.44 C.1.c cv r9 6) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. C) Programmatic, 1) The square footage of a resulting structure shall be no more than 10 percent greater than the finished living floor area of the original structure. The new construction shall not exceed the new finished living floor area for each property as provided below: a} 1512 Duncombe Street, Key West, 33040 - Current Area - 540 ft2, New Area <_ 594 2; and ) 1514 Duncombe Street, Key West, 33040-Current Area -443 ft2, New Area <487 ft2. 2 2) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) Pursuant to 44 CFR 13(c), the Sub-Recipient shall obtain prior written approval from the LU Division and FEMA for any budget revision that would result in a need for additional funds to the overall project amount. Furthermore,the Sub-Recipient shall receive written approval from c the Division for any budget revision of less than 10% in any given budget line item, as long as the overall amount of the funds obligated under this Agreement is not increased. ) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work,to the Division a minimum of seventy(70)days prior to the expiration date, for Division processing to FEMA. 5) The Sub-Recipient must avoid duplication of benefits between the FAP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in CFR 206.191. c FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more y of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub- ecipient; Disallow all or part of the cost of the activity or action not in compliance; cv 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Packet,Pg.45 C.1.c BUDGET Funding uma Federal Share: $222,697.81 (82.85681268%) Local Share: $46,076. (17.14318732% Total Project Cost $268,774.29 (100%) 0 Line Item Budget Elzbieta Krysztofiak Local hare/ 1512 uncombe Street Total Federal Share Homeowner Casts Key es , Florida 330 �- roec s 0% Al %)___ Pre-Award Costs $4,613.66 $4,152.29 $461.37 Construction Costs $108,54028 $97,686.25 $10,854.03 Pre/Post Construction Costs $8,171.00 $7,353.90 $817.10 Tenant Displacement Costs $13,276.00 $11,94$. 0 $1,327.60 Grant Management Costs $6,499.38 5,825. 6 $673.92 T L _ JET µ_C �T :_ $141,100.32 $126,966.30 $14,134.02 Ibieta Krysztoflak Local hare/ 1514 Duncombe Street Total Federal Share Homeowner Casts __Key_West Florida 33040 Projec as 7 °/® % Pre-Award Costs $ ,613.65 $3,460.24 $1,153.41 Construction Costs $97,947.32 $73,460.49 $24,486.83 Pre/Post Construction Costs $7,37 .00 $5,530.50 $1, 43.50 Tenant Displacement Costs $11,879.00 $8,909.25 $2,969.75 i Grant Management Costs $5,860. 0 $4,371.03 $1, . 7 TOTAL PROJECT1 , cv *Any line item amount in these Budgets may be increased or decreased 10%or less with the Division's ' approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. SCHEDULE OFWORK: State/Local Contract Process 2 Months ngineerig/Inspection 1 Months Permitting 1 Months Bids/Demolition/Construction 9 Months inalInspection/Acceptance 1 Months o Closeout 3 Months Total 17 Months This is FE A project number F A-PJ-04-FL-2016-013, Monroe County Mitigation Reconstruction Project. The Period of Performance (POP) for this project shall end on August 30, 2021. 10 2 Packet,Pg.46 CA.0 A�® CERTIFICATE OF LIABILITY INSURANCE Dnr1/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ cV 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 endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT , NAME: Peggy Glnem Alliant Insurance Services, Inc PHONE FAX 1200 Brickell Avenue, Suite 1800 AIC No Ext: AIC,No): Miami FL 92101 ADDRESS: peggy.ginem@alliant.com Q INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Berkley Assurance Company 39462 INSURED INSURER B: First Liberty Insurance Corpor 33588 CDR Maguire, Inc. PO Box 771750 INSURER C: Liberty Insurance Corporation 42404 Miami, FL 33177 INSURERD: Liberty Mutual Fire Insurance 23035 INSURER E: 0 INSURER F: COVERAGES CERTIFICATE NUMBER:1256499609 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI N INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM; U EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLTYPE OF INSURANCE INSD WVDUBR POLICY NUMBER POLICY EXP LTR MM DD POLICY EFF MM DDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y TB6-Z51-292191-020 3/1/2020 5/1/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $300,000 Approved Risk Ma'nag,e/ Ent MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 M GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 CD POLICY JEC LOC 3-12-2021 PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y AS6-Z51-292191-030 3/1/2020 5/1/2021 CO see . SINGLE LIMIT $1,000,000 Ea accident N X ANY AUTO BODILY INJURY(Per person) $ (t3 OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ r„ AUTOS ONLY AUTOS ONLY Per accident CD C X UMBRELLALIAB X OCCUR Y Y TH7-Z51-292191-050 3/1/2020 5/1/2021 EACH OCCURRENCE $5,000,000 CD CD EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ D WORKERS COMPENSATION Y WC2-Z51-292191-010 3/1/2020 5/1/2021 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER to ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 O OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under Qy DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability PCAB-5011058-0320 3/1/2020 5/1/2021 Each Claim $1,000,000 Pollution Liability Aggregate $2,000,000 SIR $150,000 N DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County FEMA Program Consulting Services C Umbrella is excess of General Liability and Auto Liability. O Certificate Holder is additional insured. r cV Cam• r r9 CJ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet,Pg.47 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: CDR MAGUIRE INC. Contract# Effective Date: 4/8/21 Expiration Date: Upon completion of Task Contract Purpose/Description;.. N This Amendment Ito Task Order is to correct and renumber"Task Order#6"to"Task Order#5"to avoid any confusion and to keep Task orders In sequential order The BOCC approved the Task Order at It March 17.2021 meeting.The amount of the agreement is$12,340.00 and thus the amendment Is within the County Administrator signatory .Authadty. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Mike Lalbachan 8796 BUlldln�_ Dept._ (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ " Current Year Portion: $ (must be less than$50,000) 12 340.00 (If mul tiyear agreement then 12,34Q.00 requires BOCC approval,unless the tWsl amount is lee,,,than $50 0 it,00). Budgeted? Yes[Z] No Account Codes 125-505-22 -530A00- Q) Grant: $ - -�- - c County Match: $ - - N ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: iNot included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) CD Insurance Required: YES ❑✓ NO CONTRACT REVIEW Changes Date In Needed ie er Date In Department Head Yes❑No t Christine Limbert- County Attorney Yes❑No0 Barrows 4/7/21 ca Risk Management 4-9-2021 Yes❑No© G .L. 4-9-2021 O.M.B./Purchasing 4/9/2021 Yes[-]No❑ Chw,(,s wwt.3r",-U 4/9/2021 Comments: Revised BOCC 10/21/2020 Page 83 of 101 Packet,Pg.48 FIRST AMENDMENT TO TASK ORDER FOR FEMA PROGRAM CONSULTING SERVICES BETWEEN MONROE COUNTY AND CDR MAGUIRE, INC. This First Amendment to the Task Order dated March 17, 2021 is entered into this 5t'day of April 2020 in accordance with the Federal Emergency Management Agency (FEMA) Program 9 Consulting Services Agreement,made and entered into on September 5,2019 between MONROE T_ COUNTY, ("County") and CDR MAGUIRE, INCORPORATED, ("Consultant") e( WHEREAS, On March 17, 2021, the parties entered into a"Task Order 46" for the Consultant to -� provide grant management services necessary for the implementation and completion of hazard mitigation activities--the demolition of two (2) residential structures and construction of two (2) new elevated residential structures in the amount of$12,340.00; and 2 t� WHEREAS, the parties had tentatively drafted a Task Order for Consultant to perform various 0 grant management services for other hazard mitigation activities and designated said Task Order as "Task Order#5", and E WHEREAS, the parties subsequently declined to execute said "Task Order#5", and WHEREAS, therefore the Task Order dated March 17, 2021 was incorrectly designated as "Task Order 96" and should have been "Task Order#5", and 0) WHEREAS, the parties wish to avoid any confusion that may arise from the interruption in the c sequence of the multiple task orders which have been executed under the FEMA Program " Consulting Services Agreement, N N NOW, THEREFORE, by this Amendment 1 the parties agree: 1. Task Order 46 dated March 17, 2021 shall be amended and be renumbered Task Order 45. 2. All other Terms and Conditions of the Task Order remain unchanged and in full forces and effect. IN WITNESS WHEREOF, each party caused this First Amendment to the Task Order to be executed by its duly authorized representative. 2 0 CONSULTANT: MONROE COUNTY: rr 04.12.2021 C15R Maguire, Incorporated County Administrator/authorized designee Roy E Dunn, Chief Operating Officer 4/08/2021 Roman Gastesi Print Name Print Name MONROE COUNTY/ Chi RISITNE LIMBERT•BARROWS ASSISTANT COUNTY ATTORNEY DATE 4/7,-/Z Packet,Pg.49 C.1.e Prepared By: Joseph X.DiNovo,Esquire Office of County Attorney CD r9 County of Monroe P.O.Box 1026 Key West,Florida,33041 p Return Recorded Agreement to: CL Joseph X.DiNovo,Esquire r_ Office of County Attorney County of Monroe P.O.Box 1026 _ Key West,Florida,33041 0 0 MITIGATION RECONSTRUCTION AGREEMENT THIS MITIGATION RECONSTRUCTION AGREEMENT ("Agreement") is m made and effective the date last below written by and between MONROE COUNTY, a political 0 subdivision of the State of Florida ("County"), and Elizbieta Krysztofiak ("Property Owner'). WITNESSETH: 0 WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located at 1512& 1514 Duncombe Street in the City of Key West, County of Monroe,State 0) of Florida, and more particularly described on Exhibit"A", attached hereto ('Property');and 0 WHEREAS, the Property of the Property Owner has experienced multiple incidents of flooding and resulting damage to a structure thereon;and 0 c� WHEREAS,the Property Owner previously requested that the City of Key West apply for federal reimbursement grant funds under the Flood Mitigation Assistance Program (FMAP) administered by the Federal Emergency Management Agency (FEMA) on his/her behalf;and WHEREAS,the goals of the FMAP program include assisting states and communities CD participating in the National Flood Insurance Program (NFIP) by reducing or eliminating the long- term flood risks to severe repetitive loss properties;and c WHEREAS, to assist the Property Owner and to provide for reduced flooding and y related negative economic impacts,the City of Key West applied for and obtained approval of a FMAP grant,which it was to administer on behalf of the Property Owner;and WHEREAS, the County agreed to implement the grant for the City of Key West via letter to the Florida Division of Emergency Management (FDEM), attached as Exhibit"B"; and WHEREAS, the County is required to fulfill and comply with all terms of FMAP Agreement No. B0058 and Project Number: FMA2016 013, including all Attachments and o Modifications, hereinafter referred to as "FMA Contract" and attached as Exhibit "C", in order to receive reimbursement from federal funds; and c Packet,Pg. 50 C.1.e WHEREAS, the Property Owner acknowledges that the FMAP grant funds will primarily benefit his/her properties and, because of the nature of the work to be performed, it is necessary that he/she accept certain duties, obligations, and liabilities associated with the FMA r®. Contract in order for the County to comply with the FMA Contract and to receive the FMAP grant funds; and 0 WHEREAS, the County has procured professional consulting services from CDR CL Maguire, Incorporated ("Consultant")pursuant to an Agreement for Consulting Services executed on September 5,2019 attached as Exhibit"D";and WHEREAS, pursuant to the Agreement for Consulting Services, Monroe County issued Task Order No. 6 (as amended on April 8, 2021 to redesignate it as Task Order No. 5) to the 0 0 Consultant effective March 17, 2021 to assist the County and the Property Owner in fulfilling and U. complying with all terms of FMA Contract, attached as Exhibit"E";and U. WHEREAS, the Property Owner will receive technical assistance on the FMA Contract from v, the Consultant under Monroe County Task Order No. 5; and 0 WHEREAS, the County Project Manager will act as the primary Point of Contact (POC). y 0 NOW THEREFORE, in consideration of the acceptance of the County of the obligations set forth in the FMA Contract, the mutual promises and covenants made and agreed upon herein and other good consideration, the parties hereto agree as follows: 1. The Property Owner understands and acknowledges that: A. The Property Owner shall fully perform the Flood Mitigation Project 0) as described in the FMA Contract executed between the County and the State of Florida dated February 27, 2020 and incorporated herein by reference ("Project"), in c� accordance with the approved scope of work and allocation of funds indicated therein (Attachment A thereto)and the terms and conditions of this Agreement.The Property Owner shall comply with all applicable codes and standards in performing the work under this Agreement. 0 B. Reimbursement of Project costs incurred by the Property Owner will be provided solely by the FMA Program and subject to all terms of that program and the FMA Contract, The County incurs no obligation to provide any funds to the Property Owner or to any contractor or others hired by the Property Owner other y than funds the County can request from the State of Florida Division of Emergency Management (FDEM) and reimburse to the Property Owner pursuant to the FMA Contract. C. Reimbursement for the Project, as provided for in the FMA Contract, 0 will not exceed $222,697.81, as the federal share,and is contingent on all terms of the FMA Contract. The Property Owner is solely responsible for the local share of 0 $46,076.48. The total project cost, under this grant, shall not exceed $268,774.29. Additionally, payments for project services are as follows: m 1) The Consultant will be paid $12,340 for grant management 0 from the total project cost. 2 Packet,Pg. 51 C.1.e 2) Monroe County will be paid $19.38 for project management .� from the total project cost. r9 D. Reimbursement of Project costs incurred by the Property Owner is W subject to compliance by the Property Owner with the following: E 1) The Property Owner represents and warrants that the property CL proposed for assistance from this Agreement is currently covered by a flood insurance policy and shall remain so insured for the life of the property. The property shall remain covered by flood insurance in an _ amount at least equal to its project cost (grant funding) (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968,whichever is less. The Property Owner agrees to make any buyer aware of such requirement to maintain flood insurance. 0 2) The Property Owner agrees to be bound by all terms and Ch requirements applicable in the FMA Contract and any modification Ch 0 thereto. If a future modification is required as the project and grant J proceeds, the Property Owner agrees to promptly review the modification and the County and the Property Owner will endeavor to amend this agreement to incorporate the new modification into this Agreement. 3) The Property Owner agrees to complete the Project in accordance with the grant requirements, FMA Contract, and in accordance with all applicable federal, state, county and city laws, ordinances and regulations. 4) The Property Owner will have each properly licensed contractor and other business that performs work associated with the E work described in the FMA Contract provide a signed agreement 2 stating the following: 0 "I am fully aware of all labor regulations provided for under Federal Law, Florida law, and local law, including the Monroe County Codes, Ordinances, and Resolutions, and I agree that I am responsible for any/all actions including omissions of my agents, subcontractors or employees and I will remain in full compliance with any such laws, as amended, until the completion of this contract". 5) The Property Owner agrees to submit to the Consultant and the County all information required under the FMA Contract including, but not United to, that set forth in Attachment A thereof E 3 Packet,Pg. 52 C.1.e prior to commencing work, during work, and following work on the -� Project. r9 6) The Property Owner agrees to timely submit to the County W copies of all paid invokes for Project expenses,a copy of the front and back of cancelled checks,and any other documentation required by the 0 FMAP Program or requested by the County or the Consultant. CL 711 The Property Owner agrees, at a minimum, to meet on the second Thursday of each month with the County and the Consultant, unless otherwise agreed upon, to keep the County and the Consultant informed of the Project, to comply with the FMA Contract and to 0 0 exchange documents related to the Project. This meeting will take place preferably in person but may occur via ZOOM or scheduled conference calls. The meeting date(s) and time(s) may be altered to meet the needs of the Project, the FMA Contract and/or the parties, when agreed to in advance and in writing no less than 8 business hours o prior to the scheduled tme(s). 0 8) The County and the Consultant agree to assist the Property 0 Owner and act promptly in requesting and disbursing reimbursement of grant money in a timely manner. 0 E. The Property Owner shall choose, in his or her sole discretion, the m contractor to perform work necessary to complete the Project. 0 F. The Project must conform to the guidelines of the Program and in accordance with this Agreement in order for the Project to be fully funded under the Program and in order for the contractor to be paid the full Contract Sum under the Agreement between the Property Owner and the contractor. G. Payments under this Agreement to contractor shall consist only of grant-eligible work from the Program funds as requested by the Property Owner. o H. The Property Owner shall not unreasonably withhold approval of the milestones set forth herein. 0 I. The County has enlisted the services of the Consultant, through 2 separate contract, to undertake administration of the Project. 0 0 J. The Property Owner must purchase and maintain flood insurance in perpetuity/forever for the new structure and all structures that will not be demolished or relocated out of the Special Flood Hazard Area (SFHA) for the above-mentioned Property. The amount of insurance must be either the total Project cost or the maximum limit of coverage made available with respect to the Property,whichever is 0 less. If the Property Owner does not maintain flood insurance FEMA WILL o REQUIRE FULL REPAYMENT OF THE GRANT PORTION OF THE PROJECT and the Propegjy Owner will not be eligible for future disaster assistance. 0 4 Packet,Pg. 53 C.1.e L. The Property Owner agrees to have a notice or covenant legally .� recorded with the property deed that advises future owners of the requirement to obtain and retain flood insurance for the life of the building and that failure to do so could result in the Property Owner repaying the grant and limitations on future disaster assistance.The Property Owner agrees to provide proof of recordation to the County. CD The notice or covenant shall include the name of the current property owner p CL (including book/page reference to record of current title, if readily available) a legal description of the property, and the following notice of flood insurance requirements to advise future owners of the flood insurance requirement and repercussions if they fail to comply, all of which will run with the land and/or structure in perpetuity: This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance U. coverage on this property must be maintained during LU the life of the property regardless of transfer of U. ownership of such property. Pursuant to 42U.S.C. E 45154a, failure to maintain flood insurance on this o property may prohibit the owner from receiving y Federal disaster assistance with respect to this property in the event of a flood disaster. The Property Owner is also required to maintain this property in accordance with the flood plain management criteria of Title 44 of the Code of Federal Regulations Part 60.3 and Article 2 VII of the City of Key West Code of Ordinances,both as may be amended. Final payment will not be made until proofof recordation of the covenant is submitted c� to the County. though Property Owner will remain responsible under the terms of the contract as executed thereby with the contractor selected to perform the work on the Project, as set forth in Subparagraph 1(C) of this Agreement. 0 M. The Property Owner shall also record and provide proof of CD recordation to the County of the following limitations/covenants with the land or deed and they shall run with the land and/or structure in perpetuity: 0 1) Enclosed areas below the structure's required elevation shall only be used to park vehicles,provide limited storage, or access to the building; and 2) All interior walls and floors below the structure's required elevation required shall be unfinished or constructed of flood resistant 0 materials;and 6 3) No mechanical, electrical, or plumbing devices shall be o installed below the structure's required elevation; and 4) All enclosed areas below the structure's required elevation E must be equipped with vents permitting the automatic entry and exit 5 Packet,Pg. 54 C.1.e of flood water; and cv 5) These limitations are set out in the flood plain management criteria in Title 44 of the C.F.R. Part 60.3 and Article VII of the City W of Key West Code of Ordinances, both as may be amended. N. The Property Owner agrees that, in the event that he or she fails to p CL maintain flood insurance and provide timely proof of flood insurance upon request by C FEMA,the State of Florida,the County or agents of the County,that the County may, at its discretion, purchase flood insurance on the property as required by the grant program subject to the law regarding the National Flood Insurance Program. The legal, staff, and insurance expenditures will be billed to the Property Owner and paid by the Property Owner to the County within 30 days, or a lien may be placed on the structure by the County and filed at the Clerk of Court, with the value increased by LU the legal, staff and filing costs of the lien and the projected removal of the lien once Ch satisfied. The purchase of flood insurance remains the exclusive responsibility of the m Property Owner with respect to this program and all consequences of noncompliance o with the terms of this Agreement,which reflect the federal grant requirements. Ch Ch 0 O. Pursuant to Section 312 of the Stafford Act and 44 C.F.R. 206.191, FEMA has adopted a policy that prohibits Duplication of Benefits (DOB), which prohibits the receipt of funding from multiple sources for the same project. The Property Owner understands and acknowledges that it is the obligation of the Property Owner to report any funding source utilized for the demolition and reconstruction. The Property Owner understands that the following types of assistance will be > deducted from the eligible mitigation funds available for demolition and , reconstruction through Increased Cost of Compliance (ICC) funding, insurance benefits,legal awards,donated labor and materials,other assistance programs,and any > other funding FEMA identifies as a duplication of benefits. The Property Owner understands that the County will review with the Property Owner the amounts of assistance received, if any, to determine the amount of the potential DOB deduction. The Property Owner will pay or assign to the County any and all assistance for 2 demolition and reconstruction prior to receiving a notice to proceed from the County to avoid DOB's. P. The Property Owner acknowledges that a contract will be executed Ch between the Property Owner and its selected contractor to complete the demolition and reconstruction project. The contract is subject to the approval of the County and a copy thereof shall be furnished to the County for its review, prior to the Property Owner entering into agreement with the contractor to complete the project. The contract must meet the criteria established by the County to assure compliance of the Project with the Program requirements and the requirements of federal and state law and local ordinances. Q. The Property Owner acknowledges that the County or its designated project manager,inspector,the Consultant,and the contractor selected by the Property E Owner shall have the right to enter upon the Property/Structure during construction 6 Packet,Pg. 55 C.1.e for inspection purposes. cv R. The Property Owner acknowledges that the structure shall be demolished and reconstructed according to and in compliance with the Florida W Building Code as applicable in the City of Key West, including provisions specific to E coastal and other flood prone zones as provided by the FMA Program guidance. The o Property Owner also agrees to construct the new structures at a first floor elevation of CL at Ieast 2.8 feet above the minimum required Base Flood Elevation (BFE) in compliance with the FMA Contract. S. The County will pay directly to the contractor 100"o of all work eligible for federal funding related to the demolition and reconstruction of the structure based on work approved by the Property Owner, the Project Manager, and the Consultant, subject to Subparagraph 1 Q) hereof and Milestone Schedule identified herein. T. The Property Owner acknowledges that he or she shall pay to the County any matching funds required under the FMA Contract based on the total m project cost, including Consultant services, prior to the County, in coordination with o Ch the Consultant, issuing a Notice to Proceed. The matching funds are nonrefundable after the County has issued the Notice to Proceed to the Property Owner regardless of future changes to the contract value or paid scope of work. If the total project cost increases, the Property Owner may be required to provide additional match dollars to 0 the County, for the County to use to pay the contractor. t". The Property Owner acknowledges that he or she has read, understands and has signed this Agreement as an expression of his or her commitment to obtaining the required funding to proceed with the demolition and reconstruction project. The Property Owner understands that a Notice to Proceed under the FMA Program will not be issued until the matching funds have been obtained and received W by the County as provided in Subparagraph 1(I) herein. V. The Property Owner acknowledges that he or she is responsible for E paying 100% of any work not eligible for Federal funding, which includes any work that does not result in the construction of the Structure to the required design flood elevation level above the floodplain and the award of certificates of completion and occupancy.The County strongly discourages non-eligible work during participation in the FMA Program. 0 W. The Property Owner understands that accepting or requesting additional unpaid work or other benefits outside of the FMA Contract with the selected contractor is grounds for removal from the FMA Program. The Property Owner cannot accept or request any inducements like free cruises, dinners, decking, cash payments,air conditioners or generators while participating in the FMA Program. As the program demolition and reconstruction contract is between the Property E Owner and the selected contractor, if the Property Owner is removed from the grant application or the FMA Program, the Property Owner may remain responsible for paying the contractor the total amount due under the terms of the contract with the contractor. 7 Packet,Pg. 56 C.1.e X. The Property Owner acknowledges that final payments to the -� T_ contractor shall not be made until timely written contracts for separate work for N additional, ineligible work and proof of payment or ongoing payments are provided. Cash payments for additional,ineligible work and affidavits of those services provided will not be accepted. If adequate documentation (e.g., receipts or purchase orders) is CD not provided, the ineligible work shall be included in the contract price and the fair p CL market value shall be deducted from the final payment. Y. The Property Owner agrees to abide by the covenants/conditions above and understands that he or she and/or any subsequent owners of the property may be prohibited from receiving federal disaster assistance with respect to this property in the event of any future flood disasters. U. Z. The Property Owner understands that, if the conditions contained herein or in the required covenants are not meet, FEMA, the State of Florida or the U. County may recover the amount of the FEMA/FA Program grant award with m M respect to the subject property and the Property Owner shall be liable to repay the o grant. y Ch 0 AA. The Property Owner agrees,consents and acknowledges that,pursuant to FMA Program requirements and FEMA regulations,should the planned demolition and reconstruction of the structure not go forward, or should the structure be 0. demolished or should the structure ultimately fail to attain the grant design flood °' elevation requirement, the Property Owner shall reimburse the County for all federal m 0) funds received from the County by or on behalf of the Property Owner which did not > result in bringing the Property into FEMA compliance. , BB. The Property Owner agrees, consents and acknowledges that, in the event that there is any judgment in favor of the Property Owner regarding litigation by the Property Owner in connection with the Property associated with the FMA Program,the County is entitled to be reimbursed by preference and priority out of the proceeds of any such judgment and/or settlement which may be rendered in favor of the Property Owner for all sums paid by the County under the FMA Program on behalf of the Property/Structure. 0 CC. In recognition that the Property Owner will have and receive full value and benefit from the Project, the Property Owner waives any claim whatsoever to Ch Project funds not received by the County from other funding sources for any reason 0 including failure of the County to comply with Program requirements, non- appropriation,or any other reason irrespective of the fault or negligence of the County. 0 6 Packet,Pg. 57 C.1.e DD. The Property Owner agrees that funds may be recaptured from the Property Owner by the County,FDEM or FEMA in the event of noncompliance with the terms and conditions of this Agreement by the Property Owner. The Property W Owner consents and agrees that, in the event of a final determination of non- E compliance, the Property Owner shall immediately remit repayment of the ineligible o expenses to the County. In the alternative, any other funds due and payable to the CL Property Owner from either FEMA, FDEM or the County may be retained by the County or FEMA for purposes of recapture. Recapture may result from any non- compliance including, but not limited to: (1) failure to provide the required matching funds; (2) failure to complete the Project within the specified time; or (3) failure to complete the Project in accordance with applicable provisions of this Agreement, FEMA regulations, or other applicable law or guidance. LU 2. The Property Owner shall provide such documents executed by the contractor selected thereby as the County may require including,but not limited to,a Public Entity CrimeCh Statement, an Ethics Statement and a Drug-Free Workplace Statement.The Required Forms o are attached hereto as Exhibit F. y 0 3. The Property Owner shall grant FEMA and the State of Florida permission to disclose flood insurance coverage and claim information to officials of the County and their agents for the purpose of aiding in their planning and decision-making regarding mitigation or assistance 0. actions affecting the Property under the Stafford Act, Section 404, as amended and the National Flood Insurance Program (NFIP). 4. In the event that the Property Owner sells the Property, the Property Owner hereby agrees to comply with any conditions required under the FMA Contract prior to the sale, .6 including any conditions required under Attachment A of the FMA Contract. In addition,the Property Owner agrees that he or she will continue to provide the County with any information that he/she has or could obtain that is required of the Property Owner under the FMA Contract despite any sale of the property. Under no circumstances, shall a sale of the Property occur prior to the completion of the Project and final closeout of all documentation CD 2 related thereto including, but not limited to, final inspection and approval by the Florida Division of Emergency Management pursuant to the FMA Contract. This paragraph shall survive the termination of this Assistance Agreement. 2 5. Notwithstanding the foregoing, should the sale of the Property become necessary due to hardship or other exigency experienced by the Property Owner whereby the County agrees 0 to waive the provisions of Paragraph 4 preventing the sale, conveyance or other transfer of the Property and permit the sale of the Property prior to the completion of the Project, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the responsibilities and obligations assumed under this Agreement by the Property Owner to the buyer as a o condition of the purchase, conveyance or other transfer of the Property. G. The parties recognize that, pursuant to Subparagraph 1(Q) of this Agreement, the designated project manager and/or inspector of the County,the Consultant and the contractor 9 Packet,Pg. 58 C.1.e selected by the Property Owner shall require access to the Property/Structure during N construction for inspection purposes. Consequently, the Property Owner shall maintain a homeowner's insurance policy for the duration of the construction of the Program W Improvements relative to Personal Liability coverage in an amount no less than $100,000.00. E 7. The Property Owner agrees to be fully responsible for his or her own negligent acts p CL or omissions or tortious acts. Nothing herein shall be construed as consent by the County or a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. 8. The Property Owner represents and warrants that hazardous and toxic materials, if 0 present at any locations where the Project will be performed, are at levels within regulatory U. limits and do not trigger action for violation of any the federal, state or local laws or regulations. The Property Owner further represents and warrants that the presence of any U. condition(s)or material(s)on site,which are subject to federal,state or local laws or regulations (including but not limited to: above ground or underground storage tanks or vessels, or E 0 asbestos, pollutants, irritants, pesticides, contaminants, petroleum products,waste, chemicals and septic tanks), shall be handled and disposed of in accordance with federal, state or local laws or regulations. 9. In the event that the contractor selected by the Property Owner has not provided Performance and Payment Bonds, the contractor will not be issued a Notice to Proceed by the County, in coordination with the Consultant, and the work will not begin until said Performance and Payment Bonds are provided. If the contractor selected by the Property Owner is unable to provide Performance and Payment Bonds, the Property Owner is instructed to choose an alternate contractor. 10. Notwithstanding any minimum insurance requirements prescribed elsewhere in this > Agreement, the Property Owner shall defend,indemnify and hold the County and the elected and appointed officers and employees of the County harmless from and against(i) any claims, r_ actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings,or other proceedings relating to any type of injury(including death),loss,damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with (A) any activity of the Property Owner or the contractor selected by the Property Owner or any of the employees, agents, contractors or other invitees of either the Property Owner or the contractor selected by the Property Owner during the term of this 0 Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Property Owner or the contractor selected by the Property Owner or any of the employees, agents, sub-contractors or other invitees of either the Property Owner or the contractor selected by the Property Owner or(C) default in respect o of any of the obligations that he or she undertakes under the terms of this Agreement or his o or her agreement with the contractor,except to the extent the claims,actions,causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than 03 Property Owner or the contractor selected by the Property Owner). The monetary limitation 10 Packet,Pg. 59 C.1.e of liability under this contract shall not be less than $1 million per occurrence pursuant to N Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings,costs or expenses relate to events or circumstances that occur during the term of W this Agreement, this section will survive the expiration of the term of this Agreement or any E earlier termination of this Agreement. CL Furthermore, the Property Owner on behalf of itself, and its successors and assigns, shall r- indemnify, defend and hold harmless the County and the State of Florida from and against any and all suits, actions, claims, demands, liabilities, judgments, and costs of any nature whatsoever arising as a result of this Assistance Agreement, the Project, the FMA Contract, or the actions or negligence of the Property Owner or any contractors, subcontractors or others utilized by any contractor employed by the Property Owner in relation to the Project, U. the Assistance Agreement or the FMA Contract. In the event that FEMA requests the return of any grant funds due to the negligence, wrongdoing, or breach of contract of the Property U. Owner, the Property Owner shall,upon demand,immediately return such funds. The failure m of the Property Owner to return such funds shall be a material breach of this Agreement. This o paragraph shall survive termination of this Assistance Agreement. 0 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. FDEM Indemnification To the fullest extent permitted by law, the Property Owner or any contractors,subcontractors 2 or others utilized by any contractor employed by the Property Owner in relation to the Project > shall indemnify and hold harmless the Agency,the State of Florida,Department of Emergency Management, and its 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 Property Owner or any contractors, subcontractors or others utilized by any contractor employed by the Property Owner in relation to the Project. E This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity possessed by the State of Florida and the County. Federal Government and FEMA Indemnification n 0 To the fullest extent permitted by law,the Property Owner shall indemnify and hold harmless 0) the Federal Government and the Federal Emergency Management Agency, and its 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 Property Owner, the contractor selected by the Property Owner to perform the work under this Agreement and persons employed or utilized by the contractor in the performance of this Agreement and the contract between the Property Owner and the contractor selected thereby in relation to this Project. 11 Packet,Pg. 60 C.1.e Environmental Indemnification cv The Property Owner agrees to and will, at all times,indemnify, defend and hold harmless the County from, without limitation, any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities and expenses (including all costs of cleanup, containment CD or other remediation, and all costs for investigation and defense thereof including, but not CL limited to, court costs, reasonable expert witness fees and attorney fees) arising from or in connection with (a) the actions or activities of the Property Owner, his or her employees, agents, contractors, and/or subcontractors, or those under their control that result in a violation of any environmental law, ordinance, rule or regulation or that leads to an environmental claim or citation or to damages due to such actions or activities; (b) any 0 environmental, health and safety liabilities arising out of or relating to the operation or other U. activities performed in connection with this Agreement by the Recipient,his or her employees, agents, contractors, and/or subcontractors, or those under their control at any time on or U. prior to the effective day and year of this Agreement;or(c) any bodily injury(including illness, disability and death, regardless of when any such bodily injury occurred, was incurred or o manifested itself}, personal injury, property damage (including trespass, nuisance, wrongful eviction, and deprivation of the use of real property) or other damage of or to any person in any way arising from any hazardous activity conducted by the Property Owner, his or her employees, agents, contractors, and/or subcontractors, or those under their control. The County will be entitled to control any remedial action and any proceeding related to an 0. environmental claim. Violation of Laws Indemnification > W The Property Owner agrees to and will at all times indemnify, defend and hold harmless the County from, without limitation, any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities and expenses (including all costs for investigation and defense thereof including, but not limited to, court costs, reasonable expert witness fees and attorney fees) arising from or based upon the violation of any federal, state or local laws, statutes, ordinances, resolutions, rules or regulations, by the Property Owner, its employees, m agents, contractors, and/or subcontractors, or those under their control. Breach of Representations,Warranties and Obligations Indemnification The Property Owner agrees to and will, at all times,indemnify, defend and hold harmless the County from, without limitation, any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities and expenses (including all costs for investigation and defense thereof including, but not limited to, court costs, reasonable expert witness fees and attorney fees) which may be incurred by, charged to or recovered from any of the foregoing, arising directly or indirectly out of(a) any breach of any representation or warranty made by the Property Owner, his or her employees, agents, contractors, and/or subcontractors, or those under their control pursuant to this Agreement or (b) any breach of any covenant or E obligation of the Property Owner, his or her employees, agents, contractors, and/or subcontractors, or those under their control set forth in this Agreement or any other certificate,document,writing or other instrument delivered by the Property Owner,his or her 12 Packet,Pg. 61 C.1.e employees, agents, contractors, and/or subcontractors, or those under their control pursuant N to this Agreement. 11. Prior to the commencement of work or services governed by this Agreement (includingthe pre-stagingof personnel and material the contractor selected b the Property P ), Y P t}' CD Owner shall obtain,at his/her own expense, insurance as specified in the attached schedules, CL which are made part of this contract.The contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the contractor. Alternatively, the contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 0 The contractor will not be permitted to commence work governed by this Agreement _° (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the Property Owner and the County as specified below. Delays in the commencement of work,resulting from the failure of the contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this 0 contract and any penalties and failure to perform assessments shall be imposed as if the work Ch commenced on the specified date and time, except for the Contractor's failure to provide Ch satisfactory evidence. The contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the contract and any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the � required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the failure of the contractor to maintain the required insurance. The contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the insurance policies maintained by the contractor. The contractor shall E provide,to the County and Property Owner,as satisfactory evidence of the required insurance, either: • Certificate of Insurance or 2 • A Certified copy of the actual insurance policy. v, 0 The Property Owner and the County,at their sole option,have the right to request a certified 0) copy of any or all insurance policies required by this Agreement. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the Property Owner and the County by the insurer. The acceptance and/or approval of the insurance maintained by the contractor shall not be construed as relieving the contractor from any liability or obligation assumed under this contract or imposed by law. E e 13 Packet,Pg. 62 C.1.e The Property Owner and the Monroe County Board of County Commissioners,its employees N and officials will be included as an"Additional Insured"on all policies,except for the Workers' c7 Compensation policy. The County must be specifically included as an "Additional Insured". W Furthermore, the Builders Risk policy shall be endorsed to include the Monroe County Board of County Commissioners as the Loss Payee. CD o 0 Any deviations from these Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. The minimum insurance coverages required of the contractor selected by the Property Owner relative to the Project and the forms submitted by the contractor,which shall be incorporated U. in the contract between the Property Owner and the contractor selected thereby, are as follows: U. Coverage Required Limits Form# m 0 Commercial General Liability $1,000,000 GL3 Vehicle Liability $1,000,000 VL3 0 Workers' Compensation Statutory WC3 Employers Liability $1,000,000/$1,000,000 $1,000,000 Replacement Value of the Builders Risk Finished Structure ($268,775) BRI ) 12. The County agrees to administer the grant funding and FMA Contract on behalf of the Property Owner, including submitting reports and managing grant funds. However, the Property Owner agrees that the ability of the County to administer the grant funding and FMA m Contract is dependent on the full and prompt submission by the Property Owner of all 2 information required of the Property Owner under the FMA Contract. 13. The disbursement of grant funds is subject to the following conditions and schedule: A. As a condition precedent to the disbursement of grant funds under this v, agreement, the Property Owner shall pay to the County any matching funds required under 0 the FMA Contract based on the total project cost, including consultant services prior to the County,in coordination with the Consultant,issuing a Notice to Proceed, in accordance with Subparagraph 1(71) of this Agreement. 0 B. The contractor selected by the Property Owner shall be entitled to receive progress payments as the Project proceeds in accordance with the provisions set out in this E Agreement. Upon reaching each milestone described below, the contractor selected by the Property Owner will present the Project Manager with an invoice and application for payment. The application shall include the Milestone Authorization Form signed by the Property 14 Packet,Pg. 63 C.1.e Owner. The Project Manager will verify, in coordination with the Consultant, that the appropriate inspections by the City of Key West Building Department have been passed. c� Approvals will not be unreasonably withheld. Upon approval by the County, in coordination W with the Consultant, the invoice, application for payment and any supporting documentation shall be submitted by the Project Manager to the Monroe County Office of the Clerk and o Controller for review and processing. Payments approved axe due within 30 days of receipt of CL proper invoice. C. Upon satisfactory completion and invoice of Milestone 1, the contractor _ selected by the Property Owner shall be paid 15% of the Contract Sum. 0 Requirements for completion of Milestone 1 include(a) issuance of Notice to Proceed;(b) the U. contractor obtaining a building permit for demolition; (c) installation of a temporary power pole; and (d) completion of the demolition of the Structure(s), if applicable, including proof U. of demolition permit issuance and closure of demolition permit and receipt of dump tickets. Ch m D. Upon satisfactory completion and invoice of Milestone 2, the contractor o selected by the Property Owner shall be paid 25% of the Contract Sum. Requirements for y completion of Milestone 2 depends on the type of structure selected to replace existing structures. The following two options (SITE BUILT HOME REPLACMENT and MODULAR HOME REPLACEMENT) dictate the requirements for milestones for each type and include: 1) SITE BUILT HOME REPLACEMENT: 2 (a) the contractor obtaining a building permit for two (2) replacement structures and passing foundation or column inspection; (b) the issuance of the elevation certificate certifying the Structure is at the compliant elevation of the Structure as set forth in Subparagraph 1(R) of this Agreement and Attachment A of the FMA Contract and demonstrating compliance with local m ordinances (i.e., 1_Tnder Construction Phase Elevation Certificate); CD and (c) the certification from pile driver that engineer-required PSI has been achieved. As an alternative to item (c) in this subpart, the contractor may submit photographic evidence and an inspection report showing the depth of each post certified by the engineer. 2) MODULAR HOME REPLACEMENT: (a) the contractor obtaining a building permit for two (2) modular replacement structures and passing piling, stilt, and other foundation o items; (b) the issuance of the elevation certificate certifying the Structure is at W the compliant elevation of the Structure as set forth in Subparagraph 1(R) of this agreement and Attachment A of the FMA Contract and W Packet,Pg. 64 C.1.e demonstrating compliance with local ordinances (i.e., Under Construction Phase Elevation Certificate);and (c) the certification from pile driver that engineer-required PSI has W been achieved. As an alternative to item (c) in this subpart, the E contractor may submit photographic evidence and an inspection report showing the depth of each post certified by the engineer. CL E. The contractor selected by the Property Owner shall refrain from performing any further work on the Project until Milestone 2 is approved for payment. F. Upon satisfactory completion and invoice of Milestone 3, the contractor o 0 selected by the Property Owner shall be paid 25% of the Contract Sum. Requirements for U. completion of Milestone 3 depends on the type of structure selected to replace existing structures. The following two options (SITE BUILT HOME REPLACMENT andLU MODULAR HOME REPLACEMENT) dictate the requirements for milestones for each type and include: o 1) SITE BUILT HOME REPLACEMENT: (a) The contractor passing the framing inspection; (b) City of Key West Building Department approval of nail pattern, electrical wiring, all plumbing and energy efficiency requirements (if 0. applicable); and (c) evidence that the Structure is self-supporting and support thereof is unaided by any cribbing or other assistive equipment. 2) MODULAR HOME REPLACEMENT: (a) The contractor completing all utility connections and passed inspections for same;and (b) The achievement of the prescribed elevation. No margin of error °3 lower than prescribed elevation will be accepted and no further m payments will be made until flood compliance design flood elevation is achieved. G. Upon satisfactory completion and invoice of Milestone 4, the contractor 2 selected by the Property Owner shall be paid the remaining 35% of the Contract Sum. The requirements for completion of Milestone 4 is the completion of the balance of the Project, including (a) installation of all staircases, landing, and handrails (b) delivery of an approved Certificate of Occupancy or Certificate of Completion from the City of Key West Building r- Department;(d) the satisfaction of the federal,state or local permitting requirements including r- 0 a certified elevation certificate, certification from a building official and floodplain manager or licensed design professional verifying the structure was elevated to the minimum o requirements of the flood plain management criteria of Article VII of the City of Key West °' Code of Ordinances (i.e., Finished Construction Phase Elevation Certificate); (e) written approval by the Property Owner to the County indicating they are satisfied with final m construction and accept the improvements; (f) submittal to and approval by the Consultant of 16 Packet,Pg. 65 C.1.e all Program paperwork; (g) delivery of receipt of payments and final lien releases from all subcontractors and suppliers. 14. The Property Owner acknowledges that the contractor selected thereby shall complete cu the Project within twelve (12) months from the date of the Notice to Proceed. Any scheduled CD extensions must be for good cause and approved in writing by the Property Owner with a copy p CL provided to the County. Any schedule extensions beyond eighteen (18) months from the date of the Notice to Proceed must be for good cause approved in writing by the County,in coordination with the Consultant. Work performed outside of approved schedule extensions will not be _ approved by the County for payment. 0 15. The Property Owner acknowledges that the contractor selected thereby shall not be 2 paid for any invoice for work completed after the grant expiration date. All work and all invoices must be completed prior to the period of performance date for this Program. No extensions LU beyond this date are anticipated for any reason whatsoever. 0 16. The Property Owner understands and agrees that any deviation in work from the final drawings and specifications of the Project by the contractor selected thereby shall cause delay,and possibly cancellation, of any of the four milestone payments, in part or whole, under this Agreement.This is true whether deviations are made unilaterally by either the Property Owner or contractor selected thereby or made by any agreement other than this Agreement between the Property Owner and the contractor. Under no circumstances shall the Property Owner execute change orders relative to the work performed by the contractor without prior approval by the County, in coordination with the Consultant, evidencing a determination that such work is in > accordance with the specifications set forth in the FMA Contract. , 17. In the case of any deviation of work suspected by the Consultant,the Property Owner agrees that payments to the contractor selected thereby shall be withheld pending an investigation by the County.The Property Owner agrees to fully cooperate with the County and the Consultant and to assure that the contractor selected thereby will cooperate with the County and the Consultant in any investigation regarding the scope of work of the Project and deviations therefrom. 18. The Property Owner acknowledges that, for any deviation in work under the o Agreement deemed by the Consultant to be ineligible for payment,the contractor selected thereby shall forfeit a portion of the Contract Sum in an amount equal to the fair market value of the ineligible work as valued by the Consultant,in its sole discretion. By example,if the total Contract 0 Sum is $100,000 and the amount of undocumented ineligible work is estimated by the Consultant at a value of$10,000, that amount will be deducted from the final payment so the contractor will be paid $90,000. 0 19. The County, in coordination with the Consultant, may, at its sole option, approve payment to the contractor in part or in whole of milestone payments forfeited under Section 18 of this Agreement in an amount approved by the Consultant in accordance with the Program guidelines,provided the contractor provides the County proof of the following: 17 Packet,Pg. 66 C.1.e A. Revised,approved, and stamped engineered drawings; B. A separate agreement signed by the Property Owner and the County dated prior to the acceptance of the ineligible work and issuance of any unpaid milestone payments; and 0 C. Copies, front and back, of canceled checks from the Property Owner to the CL contractor for payment of the ineligible work. Cash payments and affidavits are not sufficient proof. The Consultant may consider such proof in the calculation, if any, of contractor- forfeited payments for ineligible work. Payment of any forfeited milestone under this Article is not certain or guaranteed and shall be 0 0 issued at the sole discretion and in the amount approved by the Consultant. 20. The term of this Agreement shall commence upon the effective date thereof and shall remain in full force and effect as to its provisions,terms and conditions until July 31,2022,unless terminated earlier in accordance with the provisions of Paragraphs (24), (25), (26), (45) or (53) of 0 this Agreement. 21. Modification of the provisions of this Agreement shall be with the mutual consent of the parties. Modifications shall be valid only when reduced to writing, duly signed by each of the parties hereto and attached to the original of this Agreement. 0 22. All original books, records and documents pertinent to performance under this Agreement and the contract between the Property Owner and the contractor selected thereby to 2 perform the work under this Agreement shall be retained by the Property Owner and the contractor for ten (10)years following the date of termination of this Agreement or of submission of the final close-out report by the County or five (5) years from the submission of the final W expenditure report as prescribed by 2 CFR §200.33, if applicable, whichever is later, with the following exception: If any litigation, claim or audit is started before the expiration of the ten-year period and extends m beyond the ten-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. Each party to this Agreement or their authorized representatives shall have reasonable and timely 0 access to such records of each other party to this Agreement for public records purposes during 2 the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") determines that monies paid to the o contractor selected by the Property Owner pursuant to this Agreement or the contract between the Property Owner and the contractor to perform the work under this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the contractor, the Property Owner and/or the contractor shall repay the monies together with interest calculated 0 pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the 0) County. 0 Packet,Pg. 67 C.1.e 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; original estimates; estimating work sheets; correspondence; change W order files (including documentation covering negotiated settlements); backcharge logs and E supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the County CL or by the County Clerk to substantiate charges related to this Agreement,and all other agreements, sources of information and matters that may, in the reasonable judgment of the County or the County Clerk, 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 -o open to inspection and subject to audit and/or reproduction by representatives and/or agents of the County or the County Clerk. The County or the County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of LU payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges,verifying information and amounts through E interviews and written confirmations with employees, subcontractors, suppliers, and contractors' o representatives. All records shall be kept for ten (10) years after Final Completion of the Project. Ch The County Clerk possesses the independent authority to conduct an audit of records, assets,and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to the contractor in accordance with this Agreement or the contract between the Property Owner and the contractor to perform the work under this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the contractor, the Property Owner or the contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the contractor. The provisions of this paragraph survive the termination or expiration of this Agreement. c� 23. The Property Owner shall keep in close contact with the County and will notify the County of any contact information or Project circumstance changes.The County will issue official letters, call official meetings and require documentation to be submitted on a periodic basis. The m Property Owner shall respond in writing to the County within ten (10) business days of the date of any written or oral inquiry by the County to ensure the Project timelines are met and compliance CD with the state and federal governmental requirements are achieved. If all required documentation and cooperation are not provided by the Property Owner to the 2 County, the County may withhold further payments until such documentation and cooperation Ch r- 0 are completed or the County may take such other action as set forth in Paragraph (24) of this Agreement. The Property Owner shall respond in writing to the County within ten (10) business days of the date of any written or oral inquiry by the County providing such additional Project updates or information as may be requested by the County. 24. If any of the following events occur{"Events of Default"'), all obligations on the part of the County to make any further payment of funds hereunder shall, if the County so elects, terminate and the County may, at its option, exercise any of the remedies set forth herein. The 19 Packet,Pg. 68 C.1.e County may withhold or rescind any payments or parts of payments after the happening of any N Events of Default without thereby waiving the right to exercise such remedies and without becoming liable to make any further payment: cu W A. If any warranty or representation made by the Property Owner in this CD Agreement or any previous Agreement with the County shall at any time be false or misleading p CL in any respect; B. If the Property Owner shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the County and the Property Owner has not cured such Event of Default within thirty (30) days of the date of written notice to the Property Owner from the County; _2 U. C. If Project funds from mortgage lenders or other sources are not received because of defaults in the mortgages, construction loan agreements, or other loan documents U. Ch used for the Property Owner's funding of the Project and the Property Owner has not cured such Event of Default within thirty (30) days of the date of written notice to the Recipient o from the County; 0 D. If any reports required by this Agreement have not been submitted to the County or have been submitted with incorrect,incomplete or insufficient information and the Recipient has not cured such Event of Default within thirty (30) days of the date of written notice to the Property Owner from the County; m E. If the Property Owner failed to perform and complete in a timely fashion any of the Project work required under this Agreement or the contract between the Property ) Owner and the contractor selected thereby and the Property Owner has not cured such Event : of Default within thirty (30) days of the date of written notice to the Property Owner from the County; F. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature, the State of Florida Office of the Comptroller or the Office E of Management&Budget or any agency of the federal government; 2 25. Upon the happening of an Event of Default, and upon the Property Owner's failure to timely cure, where applicable, the County may exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the County from pursuing any other remedies contained herein or otherwise provided at law or in equity: A. Terminate this Agreement; B. Commence an appropriate legal or equitable action to enforce performance of o this Agreement; C. Withhold or suspend payment of all or any part of a request for payment; D. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Property Owner to determine the reasons for or o 20 Packet,Pg. 69 C.1.e the extent of noncompliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the PropertyCD Owner to suspend, instructing the Property Owner to reimburse the County for the amount W of costs incurred for any items determined to be ineligible; and E E. Exercise any other action or remedies which may be otherwise available under CL law. 26. This Agreement may be terminated by the written mutual consent of both patties. 27. The Property Owner shall return funds to the County if found in non-compliance with laws, rules, and regulations governing the use of the funds made available pursuant to this Agreement. Funds shall be delivered by certified check or money order made payable to the County within thirty (30) days from the date of the written demand from the County. LU 28. Notwithstanding the above, the Property Owner shall not be relieved of liability to the County by virtue of any breach of Agreement by the Property Owner. The County may o withhold any payments to the Property Owner from this or any other agreement between the Property Owner and the County for the purpose of set-off until such time as the exact amount of damages due the County from the Recipient is determined. 29. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail,certified,return receipt requested,postage prepaid or by courier with proof of delivery. The place of giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: The name, title and address of the County Project Manager for this Agreement is: Name: Mike Lalbachan Title: Mitigation Administrator, Floodplain Management Monroe County Building Department Address: Murray Nelson Government&Cultural Center 102050 Overseas Highway Key Largo, Florida 33037 Telephone: (305) 453-8796 Email: Lalbachan _ e�' ',, onrQeCoum,-Fl.gpv 0 Copies of Notice to: Bob Shillingex o Monroe County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 E 21 Packet,Pg. 70 C.1.e Roman Gastesi,Jr. C14 Monroe County Administrator rn 1100 Simonton Street,Suite 2-205 W Key West, Florida 33040 0 CL The name and address of the Representative of the Property Owner under this Agreement is: Name of Property Owner: Ehzbieta Krysztofiak Mailing Address: 1512 Duncombe Street Key West, Florida 33040 Telephone: Email: Name of Representative: o Signature of Representative Mailing Address: Telephone: Email: > In the event that different representatives are designated by either party after execution of this Agreement,notice of the name,title and address of the new representative will be rendered as provided in Paragraph 29 above. 30. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and the Property Owner agree that venue shall he in the appropriate court or before the appropriate administrative body in o Monroe County, Florida. The Parties waive their rights to trial by jury. The County and the Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior U to the institution of any other administrative or legal proceeding. 31. No waiver by the County of any right or remedy granted hereunder or failure to insist on strict performance by the Property Owner shall affect or extend or act as a waiver of any o other right or remedy of the County hereunder or affect the subsequent exercise of the same right or remedy by the County for any further or subsequent default by the Property Owner. w Any power of approval or disapproval granted to the County under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 2 . Packet Pg. 71 C.1.e 32. This Agreement may be executed in any number of counterparts, each of which shall N be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such W counterpart. E 33. In addition to the requirements of Paragraph 22 of this Agreement: p CL A. The Property Owner agrees to maintain receipts and other documents in order to account for the receipt and expenditure of funds under this Agreement. B. These records shall be available at all reasonable times for inspection, review or audit by State personnel and other personnel duly authorized by the County. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 A.M. to 5:00 P.M. local time, Monday through Friday. C. The Property Owner shall also provide the County with the records, reports, m or financial statements upon request for the purposes of auditing and monitoring the funds o awarded under this Agreement and the Property Owner shall respond in writing to the County within ten (10) business days of the date of any written or oral request therefrom. 34. It is envisioned by the parties hereto that the Property Owner will contract the work > required under this Agreement in order to complete the Project. The Property Owner therefore agrees to include in the contract with the contractor selected thereby that the contractor is bound by the terms and conditions of this Agreement with the County. 35. The Property Owner agrees to include in the contract with the contractor selected thereby that the contractor shall hold the County and the Property Owner harmless against all claims of whatever nature arising out of the performance of work by the contractor for the Property Owner. > 36. Contractual arrangements shall in no way relieve the Property Owner of the responsibility to ensure that all funds issued pursuant to this Agreement be administered mi accordance with all federal, state or local laws or regulations. 37. This Agreement constitutes the entire agreement between the parties hereto for the services to be performed and furnished by either party hereunder. No statement, representation,writing,understanding,agreement,course of action or course of conduct made 2 by either party or any representative of either party, which is not expressed herein, shall be binding. 0 38. All attachments to this Agreement are incorporated as if set out fully herein. 39. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling but only to 6 the extent of such conflict or inconsistency. 40. The performance by the State of Florida and the performance of the County and obligation to pay under this Agreement is contingent upon an annual appropriation by the W 3 Packet,Pg. 72 C.1.e Legislature and subject to any modification in accordance with Chapter 216, Florida Statutes N and Section 252.37, Florida Statutes or the Florida Constitution. r. 41. If mutually agreed by the parties, an extension of this Agreement may be executed for a period not to exceed three (3) months and shall be subject to the same terms and conditions CD set forth in this Agreement. Any extension of the Agreement shall be in writing. There shall p be only one extension of the Agreement granted to the Property Owner unless the Property Owner can prove to the satisfaction of the County that failure to meet the criteria set forth in the Agreement for completion is due to events beyond the control of the Property Owner. Any extension of this Agreement is contingent upon receipt of written permission from the state and federal agencies involved with this Agreement to extend their agreements with the County to accommodate an extension request of this Agreement by the Property Owner. 42. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof by the County. m 43. No funds or resources received from the County in connection with this Agreement o may be used directly or indirectly to influence legislation or any other official action by the v, Florida Legislature or the County. 44. The Property Owner certifies with respect to this Agreement that the Property Owner possesses the legal authority to receive the funds to be provided under this Agreement. The Property Owner also certifies that the Property Owner possesses the authority to legally execute and bind the Property Owner to the terms of this Agreement and that the Property 2 Owner is a person or entity having legal or equitable title to the property on which the Project > is being undertaken. , 45. The Property Owner shall comply with the Statement of Assurances included in the FMA Contract between the County and the State of Florida dated February 27, 2020 and incorporated herein by reference. The failure of the Property Owner to comply with the federal, state and local laws, Executive Orders, agreements and regulations referenced in the °3 FMA Contract between the County and the State of Florida dated February 27, 2020 and m incorporated herein by reference as well as the failure to comply with any other term of this Agreement or federal, state or local laws and regulations shall be cause for the immediate suspension of payments or the immediate termination of this Agreement at the option of the County. 46. 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 W 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, 0 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, o covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Property Owner agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as o possible to the intent of the stricken provision. o 24 Packet,Pg. 73 C.1.e 47. The County and the Property Owner agree that, in the event any cause of action or N 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 W fees and court costs as an award against the non-prevailing party and shall include attorney's E fees and court costs in appellate proceedings. CL 48. The terms, covenants, conditions, and provisions of this Agreement shall bind and r_ inure to the benefit of the County and the Property Owner and their respective legal representatives, successors, and assigns. 49. 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 2 corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Agreement to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. 50. The Property Owner and the County agree that each shall be, and is, empowered to 0 apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. v, Any conditions imposed as a result of the funding that affect the Project will be provided to each party. 51. The County and the Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this > Agreement or by Florida law. This Agreement is not subject to arbitration. , 52. In the event any administrative or legal proceeding is instituted against either party An relating to the formation, execution, performance or breach of this Agreement, the County 0 and the Property Owner 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 °3 Agreement or provision of the services under this Agreement. The County and the Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 53. The parties agree that there will be no discrimination against any person, and it is 2 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. The parties agree to 0 comply with all Federal and Florida statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1) Tide VII of the Civil Rights Act 0 of 1964 (PL 88-352),which prohibit discrimination in employment on the basis of race,color, religion, sex, and national origin; 2) Title IL of the Education Amendment of 1972, as 0 amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,as 0 amended (42 USC 6101-610 , which prohibits discrimination on the basis of age; 5) The 25 Packet,Pg. 74 C.1.e Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to N 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, W relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health E Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Tide VIII of the Civil Rights CL Act of 1968 (42 USC §§ 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 §§ 12101),as amended from time to time,relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits 0 discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual U. orientation, gender identity or expression, familial status or age; and 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. U. m 54. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation o of the Property Owner and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 0 55. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief,disability,workers'compensation,and other benefits which apply to the activity of officers,agents,or employees of any public agents or employees of the , County, when 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 o territorial limits of the County. m 56. 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 0 case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, not 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. 57. 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-patty claim or entitlement to or benefit of any service or program contemplated hereunder,and the County and the Property Owner agree that neither the County not the Property Owner or any agent, officer, or employee of o 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 m purposes contemplated in this Agreement. 26 Packet,Pg. 75 C.1.e 58. No covenant or agreement contained herein shall be deemed to be a covenant or N 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 W liable personally on this Agreement or be subject to any personal liability or accountability by E reason of the execution of this Agreement. CD CL 59. At all times and for all purposes under this Agreement, the Property Owner and the contractor selected by the Property Owner is an independent contractor and not an employee of the Board of County Commissioners of Monroe County or the Division of Emergency Management of the State of Florida. No statement contained in this Agreement shall be construed so as to find the Property Owner, the contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners U. of Monroe County or the Division of Emergency Management of the State of Florida. U. 60. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the contractor selected by the Property Owner and any subcontractor shall register with and shall m utilize the U.S. Department of Homeland Security's E-Verify system to verify the work o Ch authorization status of all new employees hired by the contractor during the term of this Ch Agreement and shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an 2 unauthorized alien. The contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. 61. The parties acknowledge that funding for completion of the Project pursuant to this Agreement is provided by the United States government through a grant from the Florida � Division of Emergency Management. Consequently, the contractor selected by the Property Owner and the subcontractors thereof must follow, as applicable, the contract provisions as m set forth in 2 C.F.R. §200.326 and Appendix II to 2 C.F.R. Part 200, as amended, including, m but not limited to, the following: A. Davis-Bacon Act, as amended (40 U.S.C. §�3141-3148). When required by Federal program legislation,which includes the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program,Tribal Homeland Security Grant Program,Port Security Grant Program and 0 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. §g3141-3144,and 443146-3148) 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, o 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 m week. If applicable, the County must place a current prevailing wage determination 27 Packet,Pg. 76 C.1.e issued by the Department of Labor in each solicitation, a copy of which will be N attached to the contract between the Property Owner and the contractor selected thereby in relation to this Project. The decision to award a contract or subcontract W must be conditioned upon the acceptance of the wage determination. The County E must report all suspected or reported violations to the Federal awarding agency.When required by Federal program legislation, which includes Emergency Management 0. 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 0 contractors trust also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § U. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in U. 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 E employed in the construction, completion, or repair of public work, to give up any o part of the compensation to which he or she is otherwise entitled. The County must y report all suspected or reported violations to the Federal awarding agency. 1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 tT.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 FEMA may by appropriate , instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3) Breach. A breach of the contract clauses above may be m grounds for termination of the contract, and for debarment as a contractor and CD C subcontractor as provided in 29 C.F.R. § 5.12. 0 B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708� 2 Where applicable, which includes all FEMA grant and cooperative agreement v, programs, an 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 o 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 28 Packet,Pg. 77 C.1.e dangerous.These requirements do not apply to the purchases of supplies or materials N or articles ordinarily available on the open market, or contracts for transportation orCD transmission of intelligence. cu W C. Rights to Inventions Made Under a Contract or Agreement. If the federal CD award meets the definition of"funding agreement" under 37 CFR 5401.2 (a) and the p CL recipient or subrecipient wishes to enter into a contract with a small business firm or r_ 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. D. Clean Air Act 42 U.S.C. 7401-7671 and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). The contractor shall agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 0 Ch U.S.C. 5§7401-7671q) and the Federal Water Pollution Control Act as amended (33 Ch 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. E. 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 government-wide 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. F. Byrd Anti Lobb in Amendment 31 U.S.C. 1352 —Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer v, or employee of any agency, a member of Congress, officer or employee of Congress, 0 or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 lu-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. W G. Compliance wi h, Procurement of Recovered_Materaals as set forth n_2 CFR 200.322. The contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended,by the Resource Conservation and Recovery Act.The requirements 29 Packet,Pg. 78 C.1.e 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 W satisfactory level of competition,where the purchase price of the item exceeds$10,000 E or the value of the quantity acquired during the preceding fiscal year exceeded$10,000; procuring solid waste management services in a mannet that maximizes energy and CL resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. H. Prohibition an.cetta' telecommurn'cations and video__survcillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of o any system, or as critical technology as part of any system.As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology Company,or , Dahua Technology Company or any subsidiary or affiliate of such entities). c� 2) Telecommunications or video surveillance services provided by such W entities or using such equipment. W 3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with 2 the Director of the National Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by,or otherwise connected to, the government of a covered foreign country. 2 I. Domestic_preference for procurements as set_forth_in 2 CFR �200 322 The County and the contractor should,to the great extent practicable,provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products) These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: E 1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes,from the initial melting stage through the application m of coatings,occurred in the United States. 30 Packet,Pg. 79 C.1.e 2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; W glass,including optical fiber;and lumber. E 62. The parties further acknowledge that the contractor selected by the Property Owner p CL and the subcontractors thereof must follow other federal requirements, as applicable, to the extent that such requirements relate to programs administered by the United States Department of Homeland Security and the Federal Emergency Management Agency. Said requirements include,but are not limited to, the following: 0 A. Americans with Disabilities Act of 1990 as amended ADA . The contractor 2 selected by the Property Owner and the subcontractors thereof 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. B. Access to Records. The contractor selected by the Property Owner and the o subcontractors thereof 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 W staff. The contractor selected by the Property Owner and the subcontractors thereof must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the:tight 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; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. C. DHS Seal Lao and Fla The contractor selected by the Property Owner m CD and the subcontractors thereof shall not use the Department of Homeland Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. D. Changes to Contract. The contractor selected by the Property Owner and the subcontractors thereof will be charged with the knowledge 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. w E. Compliance with Federal Law. Re lions and Executive Orders. The contractor shall acknowledge that FEMA financial assistance will be used to fund the 31 Packet,Pg. 80 C.1.e contract only. The contractor shall comply will all applicable federal law, regulations, N executive orders, FEMA policies, procedures,and directives. r. F. No Obligation by Federal Government. The Federal Government is not a E party to this contract and is not subject to any obligations or liabilities to the County, the Property Owner, the contractor or any other party pertaining to any matter CL resulting from this Agreement. G. Pro am Fraud and False or Fraudulent Statements or Related Acts. The contractor shall acknowledge that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the actions of the contractor pertaining to this Agreement and the contract between the Property Owner and the contractor selected thereby in relation to this Project. LU H. The contractor shall utilize the U.S. Department of Homeland Security's E- m Verify System to verify the employment eligibility of all new employees hired by the o contractor during the term of this Agreement and the contract between the Property y Owner and the contractor selected thereby in relation to this Project 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. I. If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the contractor will be bound by the terms and conditions of the Federally-Funded Sub-award and Grant Agreement between County and the Florida Division of Emergency Management(Division) found at the following link on the Monroe County web page: hops: www.monroecounty- kl. ov fdemgrantagreement This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. 2 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 0 6 3 Packet,Pg. 81 C.1.e Execution by the Property Owner must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE "' NOTARIZED. W° (SEAL) BOARD OF COUNTY p COMMISSIONERS CL Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy CIerk Mayor/Chairman Date (SEAL) PROPERTY OWNER'S Witnesses Attest: Property Owner: a (Property Owner must provide two witness o signatures) Signature: Signature: Print Name: Print Name: Title: Date: Date: > W and W An Signature: � Print Name: W Date: STATE OF , COUNTY OF On this day of 20 , before me, the undersigned notary public, by means of❑ physicaI presence or ❑ online, personally appeared known to me to be the person whose name is subscribed above or who produced _ as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the DEMOLITION & RECONSTRUCTION OF THE PROPERTY AT 1512 & 1514 DUNCOMBE STREET; KEY WEST, FLORIDA 33040 for the purposes therein contained. Notary Public Print Name � My commission expires: (Seal) 33 Packet,Pg. 82 C.1.e cv r9 r. m CD CL 0 m 0 Ch m 0 cn cn 0 0 0 0 EXHIBITS 0) 2 2 cn c 0 6 Packet,Pg. 83 C.1.e cv r9 r. m CD CL 0 m 0 Ch m 0 cn cn 0 0 EXHIBIT A 0) 2 2 cn c 0 6 Packet,Pg. 84 "vn ar•. I l' MAP OF BOUNDARY Q _s-1l�I� 1 BLOCK W.D. CA5H5 DIAGKAM OF LOT;S FLAT ADDRESS: .• •:. •. /i• .e:..:.r KEY WeST.FL 2" j33040 Liar _ R y f U%ft 4 .. •.'. 1 yi- 1 f �. ' P.A. 1 AWMAPM rs : #fiSHMWAY LOT I G, BLOCK G W.D. CA5H'5 DIAGRAM OF TRACT 30 N m LOT 15 CL 5CALE: I ' = 2a IR FND • SET IR � #CAP, G884__ - 52'.33 ra #CAP, 1587 BEARING 5A5E: AT 91.9' o s DERIVED FROM PLAT 0 ALL ANGLES DEPICTED -- ARE 90 D =Zzi EGREES UNLE55 rs' OTHERW15E DEPICTED maw Ory Ch ADDRESS: - o; VNO — c 1 4 2 DUNCOM5E STREET N 26.5' [ y KEY WEST, FL �A' - y 33040 LOT 9 N LOT 16 in LOT 17 BLOCK 6 O � L54.V G+ HF� roar Fho IF, 12.2' SET " IR m 52341 #CAF, 6884 WATM b2.33' - x.G. 152.33' /�+ ro•,o pope 0 W RIGW-OF-WAY CL DUNCOMBE STREET 6 s wM em pti ®w m CUNF OR H&M WWAMAVW Fueuc r+�cOraoswa�e,o�ems+Ra ARa ev, auau�v+oam na Acc«uc�r of THMNoR w A ADJOR B eMMNARO�O TO o OVMAM OR HLWM PC%FalleVDAr1"131MM'M SURFACE ARE Moir MMnv W."OUM ECUAL RL4M OR o CERMM TO: LEGAL DESCRP704 On the DOWW1 of Key West,and Wwwn on William A.Whi PETER J.KINSL /IEILB ETA KRYSZTOFIAK said eland, delineated in Febmwy. A.D.`1629. as part � MARIW BANK OF THE RMMA KEYS,its (30),and nm Wti Wwly described as Ut Sixteen 16 in 8la sue oessat's and/or adswd said Trwt Thirty (30) =Card-99 to Packet,Pg. 86 reatrAAn Trh F TNSL MJAPANV Thirty(30],su'y'eYsd and from C.1.e cv r9 r. m CD CL 0 m 0 Ch m 0 cn cn 0 0 0 0 m EXHIBIT > w B 0) 2 2 cn c 0 6 Packet,Pg. 87 C.1.e r9 County of Monroe r�. :tdintz epArt nt- ' [3_o rd of nunty gam `ssioners �1 i i htanaee ent Mayor Sylvia`4iurp y.District 5 CO 279 0%erseos Fib hw Mayor pro L Danny KolkL e.District 1 Suite 9'300, Michelle Coldiron.District? CIL Marathon.Ft,33050 Heather Carruthers.District 3 3 5-289.2301—Office David Rice,District 305-2 9-251 —Fax We strive to be caring,professional,and fair. August 2, 21 BobCollins Mitigation rant Manager Florida ivision of Emergency Management o Bureau of Mitigation y 2555 Shumard Oak Blvd. iah ssee,FL 32 99-171 - J - ® 01 1 Dear Mr. Collins. Monroe County is in receipt of The City of Key West's request to withdraw from this project with the undersEanding � that the County will be taking over grant management responsibility. Please accept this letter as Monroeouty's indication that we are ready and willing to assume grant management responsibilities for this project. It is understood that Key West's withdrawal is specifically undertaken with the condition that Monroe County M corn the su g tee i the ity's stead. This action is in formalized pursuant to an Interlocal' a _ nE being entered into with the City of Key West as authorized authoriied by F.S. 163.01, et secs, Florida ItrIocal Cooperation Act of 1969. E Monroe County,therefore,agrees to assume the grant management responsibilities and become the sub grantee for Project Number - J -2016 1 . Monroe County notes that the deadline for the Period of Performance on this project is August 30,2019. In light of 2 the short timeframe to complete the project, we would request an extension of the Period of Performance to a date of August 2 ,220 and would ask for your support in securing such an extension for this project. 0 Please feel free to cov,,tact us with any questions or concerns. Sincere] 0 0 Roman Gastesi County Administrator Packet,Pg. 88 C.1.e cv r9 r. m CD CL 0 m 0 Ch m 0 cn cn 0 0 0 0 EXHIBIT C 0) 2 2 cn c 0 6 Packet,Pg. 89 C.1.e cv Agreement Number: 80058 "' r: Project Number: FMA2016-013 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT CL 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 enW means'a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal Pro9rarn-' o 0 As defined by 2 C.F.R.§200.93,'Sub-Recipient'means'a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program.' LU Ch As defined by 2 C.F.R.§200.38."Federal award'means"Federal financial assistance that a non- W Federal entity receives di g agency or indirect from a o tdy redly from a Federal awarding indirectly pass-through entity.' As defined by 2 C.F.R.§200.92."subaward"means man 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.' 0 The following information is provided pursuant to 2 C.F.R.§200.331(a)(1): m Sub-Recipient's name: Monroe County Sub-R ient unique's a ecip entity identifier. 59-6000749 Federal Award Identification Number(FAIN): EMA 2016-FM-EO01 0 Federal Award Date: 8/14/2019 Subaward Period of Performance Start and End Date: Upon Execution thru 10/30/20 0 Amount of Federal Funds Obligated by this Agreement: $222,697.81 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $222,697.81 Total Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity $222,697481 Federal award project description(see FFATA): Mitigation Reconstruction Project o Name of Federal awarding agency: FEMA Name of pass through entity: FI Division of Erne!jLeM Management Contact information for the pass-through entity: Robert Collins P °ect Manager Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.029 Whether the award is R&D- WA Indirect cost rate for the Federal award; WA 0 0 1 Packet,Pg. 90 C.1.e cv THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, "' r: 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 CL 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; 0 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 Lu outlined below;and, v, C. The Division has statutory authority to disburse the funds under this Agreement. o THEREFORE,the Division and the Sub-Recipient agree to the following: (1) P�PUCATION OF STATE LAW TO THI§AGREEMENT 2 C.F.R.§200.302 provides;'Each state must expend and aocount for the Federal award �- in accordance with state laws and procedures for expending and accounting for the states own funds! Therefore, section 215.971,Florida Statutes,entitled'Agreements funded with federal or state assistance',applies to this Agreement. (2) LAWS. RULES,REGULATIQbISAND 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 0 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 0 allowable costs resulting from obligations incurred during the specified agreement period, v. A provision specifying that any balance of unobligated funds which has been o advanced or paid must be refunded to the Division, 2 Packet,Pg. 91 C 1.e cv vi. A provision specifying that any funds paid in excess of the amount to which r: 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 CL p_11 applicable State and Federal laws,rules and regulations, including those identified in Attachment B. 0 Any express reference in this Agreement to a particular statute, rule,or regulation in no way implies that no other statute,rule,or regulation applies. (3) CONTACT 0 a, In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and condiions 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: o 0 L Monitor and document Sub-Recipient performance; and, iL Review and document all deliverables for which the Sub-Recipient requests y 0 payment. 0 b. The Division's Grant Manager for this Agreement is; Susan Harris-Council,Project Manager 0 FI Division of Emergency Management m 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 0 Telephone:850-815-4632 Email: usan.Harris-Court it em.m ` a:com 0 c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Mr. Karl Bursa,Chief of FbodplWn Reg Operations Monroe County 102050 Overseas Highway Key Largo,Florida 33037 Telephone; 305-453-8759 Email:Bursa-Kar[@MonroeCounty-fl.gov 0 0 d. In tWivent that different representatives or addresses are designated by ether party after execution of this Agreement, notice of the name,title and address of the new representative will be provided to the other party. o 6 0 m 3 Packet,Pg. 92 C.1.e cv (4) TERMS AND CONDITIOIyS r? r. This Agreement contains all the terms and conditions agreed upon by the parties, (5) EXECUTION 0 This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to the original of this Agreement (7) SCOPE OF MPRK The Sub-Recipient shall perform the work in accordance with the Budget and Scope ofCh Work,Attachment A of this Agreement. o (8) E9&1QD DF AGREEMENT. Ch y 0 This Agreement shall begin upon execution by both parties and shall end on October 30,2020,unless terminated earlier in accordance with the provisions of Paragraph(17)of this Agreement. Consistent with the definition of"period of performance'contained in 2 C.F.R. §200.77,the term Operiod 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) U� NDING E 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 0 for each deliverable is outlined in Attachment A of this Agreement('Budget and Scope of Work'. The maximum reimbursement amount for the entirety of this Agreement is,112,697,81. d. As required by 2 C.F.R,§200.415(a),any request for payment under this Agreement 0 must include a certification,sinned by an official who irt authorized to legally bindSub-Recipient which reads as follows: Ty signing this report,I certify to the best of my knowledge and belief that the E report is true,complete,and accurate.and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terns and conditions of the Federal award, I am aware that any 4 E Packet,Pg. 93 C.1.e cv 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 CL documentation provided by the Sub-Recipient against a performance measure,outlined in Attachment A, that clearly delineates: i. The required minimum acceptable level of service to be performed;and, fi. 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 goat,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 LU achievement can be compared.' It also remains consistent with the requirement,contained in 2 C.F_R. Cn §200.301.that the Division and the Sub-Recipient arelate financial data to performance accomplishments o of the Federal award." y Cn g. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for overtime a expenses in accordance with 2 C.F.R.§200.430(`Comsatior--personal > services`)and 2 C.F.R.§200.431 ("Compensation—fringe benefits'). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness,failure of the employer to provide sufficient work,or other similar cause(see 29 U.S.C. §207(e)(2)),then the Division will treat the expense as a fringe benefit 2 C.F.R. 200431 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 E such as for annual leave,family-related leave,sick leave,holidays,court leave,military leave,. administrative leave,and other similar benefits,are allowable if all of the following criteria are met. i. They are provided under established written leave policies; H. The costs are equitably allocated to all related activities, including Federal 2 awards;and, v, iii. The accounting basis(cash or accrual)selected for costing each type of o 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 far travel costs that exceed the amounts stated in section 112.061(6)(b); 5 Packet,Pg. 94 C.1.e c14 Florida Statutes($6 for breakfast,$11 for lunch,and$19 for dinner),then the Sub-Recipient must provide r�. documentation that I. The casts 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, CL ii, Participation of the individual in the travel is necessary to the Federal award, 0 i. The Divisions grant manager, as required by section 215.971(2)(c),Florida Statutes, shall]!reconcile and verity all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The finaf report must identify any funds paid In excess of the expenditures incurred by the Sub-Recipient, j. As defined by 2 C.F.R. §200,63,the term"improper payment'means or includes; I. Any payment that should not have been made or that was made in an LU incorrect amount(including overpayments and underpayments)under statutory,contractual, administrative,or other legally applicable requirements,and,. o ii. Any payment to an ineligible party,any payment for an ineligible good or y service,any duplicate payment,any payment for a good or service not received(except for such 0 ' 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 E required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R.§200.331(a)(5),the Division,the Chief Inspector General of c the State of Florida,the Florida Auditor General,or any of their authorized representatives;,shall enjoy the right of access to any documents,financial statements,papers,or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits,examinations,excerpts,and transcripts, The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the o purpose of interview and discussion related to such documents. c. As required by Florida Department of States record retention requirements(Chapter 119,Florida Statutes)and by 2 C.F.R_§200,333,the Sub-Recipient shall retain sufficient records to show o its compliance with the terms of this Agreement,as well as the compliance of all subcontractors or o consultants paid from funds under this Agreement,for a period of five(5)fiscal years from the date of 6 Packet,Pg. 95 C.1.e cv completion of grant cycle or project. The following are the only exceptions to the five(5)year "? r. requirement: L If any litigation,claim,or audit is started before the expiration of the 5-year period,then the records must be retained until all litigation,claims,or audit findings involving the records CL 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 U- be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding LU agency or pass4h=gh entity,the Slear retention requirement is not applicable to the Sub-Recipient. Cn 0) V. Records for program income transactions after the period of performance. in o some uses recipients must report program income after the period of performance. Where there is such y 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 m 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 2 forms of electronic media provided that they are subject to periodic quality control reviews,provide reasonable safeguards against alteration,and remain readable- f. As required by 2 C.F.R.§200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal,state, local,and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law(Section 286.011,Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three; 7 Packet,Pg. 96 C.1.e cv basic requirements:(1)meetings of public hoards or commissions must be open to the public; (2) r®. 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 Cu CD brie that entity within the ambit of the open ovemment 9 itll p g requirements. However,the Government in the CL Sunshine Law applies to private entities that provide services to govemmentai 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 P .fig n9 g ity 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 o governing board may be subject to open government requirements. These meetings shall be publicly y noticed,open to the public,and the minutes of all the meetings shalt be public records,available to the public in accordance with Chapter 119, Florida Statutes, h. Florida s Public Records Law provides a right of aces to the records of the state and local govemments 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 formal'ae knowledge qualify as public records subject to public inspection. The merge 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 m that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. 1. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all o subcontractors or consultants to be paid from funds provided under this Agreement,including 2 documentation of ail program costs,in a form sufficient to determine compliance with the requirements 0 and objectives of the Budget and Scope of Work-Attachment A-and all other applicable taws and regulations. (11)lgUDITS 0 a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200,Subpart F. o b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub-Recipient shaft follow Generally Accepted Accounting Principles('GAAP'). As defined by 2 C.F.R. 8 ¢' Packet,Pg. 97 C.1.e cv §200.49,GAAP"has the meaning specified in accounting standards issued by the Government "? Accounting Standards Board(GASS)and the Financial Accounting Standards Board(FASB).' W c. When conducting an audit of the Sub-Recipients performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards CGAGAS'). As defined by 2 CL C.F.R.§200.50,GAGAS,'also known as the Yellow Book,means generally accepted government 2 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 ecipient shall beheld 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 Lu - compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor,which o is defined in section 215.97(2)(Q, Florida Statutes,as"an independent certified public accountant licensed y 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-Reciplents 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 2 address: > W DEMSingle_Audft@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee,Florida 32399 2100 E g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at. httpJftrvester.census.govMaGcollecUddeindex.html 0 h. The Sub-Recipient shall send any management letter issued by the auditor to the y Division at the following address: DEMSingkAudk@em-myfkMa.com OR Office of the Inspector General 2555 Shumard Oak Boulevard 6 Tallahassee,Florida 32399 2100 E 9 Packet,Pg. 98 cv (12)REPORTS r9 r�. 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 byCD the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the CL expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31,June 30,September 30 and December 31. c- The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement,whichever first occurs. LU 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 o completed or may take other action as stated in Paragraph(16)REMEDIES. "Acceptable to the y Division"means that the work product was completed in accordance with the Budget and Scope of Work. e_ The Sub-Recipient shall provide additional program updates or information that may be required by the Division_ a, f. The Sub-Recipient shall provide additional reports and information identified in Attachment F. (13)MONITQRING. a. The Sub-Recipient shall monitor its performance under this Agreement,as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement; to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement,and reported in the E quarterly report. b. In addition to reviews of audits;monitoring procedures may include,but not be limited to,on-site visits by Division staff, limited scope audits,and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is 0 appropriate,.the Sub-Recipient agrees to compy with any additional instructions provided by the Division a 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 Offrcer or Auditor General, In addition,the Division will monitor the performance and financial o management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. o 10 Packet,Pg. 99 ..._....... C.1.e cv (14)LIA81LrrY c? r�. a. Unless Sub-Recipient is a State agency or subdivision,as defined in section sole 2 768.28 , Florida Statutes,the Sub-Recipient is( ) p ty responsible to parties it deals with in carrying out CD the terms of this Agreement and,as authorized by section 768.28(19), Florida Statutes, Sub-Recipient CL shall hold the Division harmless against all claims of whatever nature by third parties arising from the work perfom%anoe 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 0 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 0) sovereign Immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be o construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in y any matter arising out of any contract. (15)D F U T 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 E 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. c (16)f3EMEDIES. If an Event of Default occurs,then the Division shall,after thirty calendar days written E notice to the Sub-Recipient and upon the Sub-Recipients failure to cure within those thirty days,exercise any one or more of the following remedies,either concurrently or consecuutivvely. 11 Packet Pg. 100 C.1.e cv 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 Gass mail,postage prepaid, by registered or certified mail-return receipt requested,to the CD address in paragraph(3)herein; CL 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 adions,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, Ch ii. Issue a written warning to advise that more serious measures may be taken o if the situation is not corrected, v, 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 an rights or remedies which Y other hts g 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)TI_RMINATION. 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„ c 0 failure to perform on time,and refusal by the Sub-Recipient to permit public access to any document, paper, letter,or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in 0 its sole discretion that continuing the Agreement would not produce beneficial results in tine with the further expenditure of funds,by providing the Sub-Recipient with thirty calendar day's prior written notice, c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement o d. In the event that this Agreement is terminated,the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the 12 Packet Pg. 101 C.1.e cv 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 liabilityto the Division because of an breach ofcu y Agreement by the Sub-Recipients The Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of CL set-off until the exact amount of damages due the Division from the Sub-Recipient is determined„ 0 (I 8)EftQQUR.EMENT 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. 0 §§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'). LU b. As required by 2 C.F.R.§200.318(i),the Sub-Recipient shall'maintai ,records sufficient to detail the history of procurement. These records will include, but are not necessarily limited E to the following: rationale for the method of o g procurement,selection of contract type,contractor selection or rejection,and the basis for the contract price.' v 0 c. As required by 2 C.F.R.§200.318(b),the Sub-Re cipient shall*maintain oversight to � ensure that contractors perform in accordance with the terms,conditions, and specifications of their contrails 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 perfuming work under this Agreement. a, 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(east 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 E 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 11 to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k),the Division will not substitute its judgment for that of the Sub- U 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 shalt not constitute an approval of the solicitation. Regardless of the Division's review,the Sub-Recipient remains bound by all applicable laws,regulations,and agreement terms. If during its review the Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipientkly as quic o as possible within the three(3)business day window outlined above_ If the Sub-Recipient publishes a o competitive solicitation after receiving comments from the Division that the solicitation is deficient,then the Division may: 13 Packet Pg. 102 C.1.e N i. Terminate this Agreement in accordance with the provisions outlined in paragraph(17)above;and, H. Refuse to reimburse the Sub-Recipient for any costs associated with that CD solicitation. o CL 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 unexemAed contract and provide comments, N 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 LU Appendix 11 to 2 C.F.R.Part 200. Consistent with 2 C.F.R.§200.318(k),the Division will not substitute its Ch W judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the o Division in order to execute a subcontract,this review may allow the Division to identify deficiencies in the y temrs 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,(i)the subcontractor is bound by all applicable state and federal laws and regulations,and(li)the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. g. As required by 2 C.F.R.§200.318(c)(1),the Sub-Recipient shall"maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection,award and administration of contracts.' h. As required by 2 C.F.R.§200,319(a),the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition. Accordingly.the . Sub-Recipient shall not: 14 Packet Pg. 103 C.1 e cv i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; ni. Use noncompetitive pricing practices between firms or between affiliated CL 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 theCh procurement; o vfii. Engage in any arbitrary action during the procurement process;or, y 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. t 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. 0) I. For each subcontract.the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise,,as defined in Section 288,703, Florida Statutes. Additionally,the Sub-Recipient shall comply with the requirements of 2 C.F.R.§200,321 0 {'Contracting with small and minority businesses,women's business enterprises,and labor surplus area firms'). (1$)ATTACHMENT6 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. E 1 Packet Pg. 104 C.1.e cv c. This Agreement has the following attachments: Cn i. Exhibit 1 -Funding Sources W ii. Attachment A—Budget and Scope of Work Iii. Attachment B—Program Statutes and Regulations CL iv. Attachment C—Statement of Assurances V. Attachment D—Request for Advance or Reimbursement vi; Attachment E—Justification of Advance Payment vii. Attachment F—Quarterly Report Forme 0 viii. Attachment G—Warranties and Representations _ ix. Attachment H—Certification Regarding Debarment x. Attachment I—Federal Funding Accountability and Transparency Act xi. Attachment J—Mandatory Contract Provisions (20)PAYMENTS o a. Any advance payment under this Agreement is subject to 2 C.F.R.§200.306 and,as applicable,section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested,the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance,If any,payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall Include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- _ � Recipient's uarte reporting as referenced in quarterly Po n9 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 o Financial Officer or under subparagraph(9)b.of this Agreement,all obligations on the park 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. o 0 1!8 Packet Pg. 105 C.1.e cv (21)BgPAYMENTS c? r�. a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of'Division of Emergency Management',and mailed directly to the following CD address: 0 CL Division of Emergency Management c Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215,34(2),Florida Statutes,if a check or other draft is returned to the Division for collection,Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft,whichever is greater. (22) CONDITIONg a. The validity of this Agreement is subject to the tnith and accuracy of all the c 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 a, 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 disapprovalE granted to the Divrsion under the terms of this � Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public c Law 101-336,42 U.S.C.Section 12101 et sea.}, 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. 0 e. Those who have been placed on the convicted vendor list following a conviction for a a public entity crime or on the discriminatgry,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 c consultant under a contract with a public entity, and may not transact business with any public entity in 1 Packet Pg. 106 C.1.e cv 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. W f. Any Sub-Recipient which is not a local government or state agency,and which CD receives funds under this Agreement from the federal government,certifies,to the best of its knowledge CL 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, LU bribery,falsification or destruction of records, making false statements,or neoeiving stolen property; Ch 0) iii. Are not presently indicted or otherwise criminally or civilly charged by a o governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph (22)f ii.of this certification;and, o 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-Reciplent shall send to the Division(by email or by facsimile transmission)the completed"Certification Regarding Debarment,Suspension, Ineligibility And Voluntary Exclusion"(Attachment H)for each Intended subcontractor which Sub- c� 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 ff the Sub- Recipient refuses to allow public access to all documents,papers,letters or other material subject to the provisions of Chapter 119, Florida Statutes,which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this 2 Agreement, any interest income shall either be returned to the Division or be applied against ttw Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publiciy4unded 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 CIW)). The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the 1NA. Such violation by the Sub-Recipient of the employment provisions 18 Packet Pg. 107 C.1.e cv contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by Cn the Division. W I. All unmanufactured and manufactured articles, materials and supplies which arecu CD acquired for public use under this Agreement must have been produced In the United States as required CL 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. §200.460 prohibits reimbursement for costs associated with certain lobbying activities. 0 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 LU or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial branch,or a state agency.' c. No funds or other resources received from the Division under this Agreement may be o 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 id or will be pa' 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 U) extension,continuation, renewal,amendment or modification of any federal contract,grant,loan or cooperative agreement, H. If arty funds other than Federal appropriated funds have been paid or will be E 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 c connection with this Federal contract,grant, loan or cooperative agreement,the Sub-Recipient shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities-* i i; The Sub-Recipient shall require that this ceffi ication be included in the award documents for all subawards(including subcontracts,subgrants;, and contracts under grants, a bans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed by Section 1352,Title 31, U.S. Code, Any person o who fails to file the required certification shall be subject to a civil re4 j penally of not less than$10„000 and not more than$100000 for each such failure. 19 Packet Pg. 108 CA e I cv Cn r. (24)COPYR[GHT. PATENT A�I�TRAOEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING CD UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY CL RESERVED TO THE STATE OF FLORIDA;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright,the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement,or in any way connected with It;,the Sub-Recipient shall referCh the discovery or invention to the Division for a detemnination whether the State of Florida will seek patent c protection in its name. Any patent rights accruing under or in connection with the performance of this y Agreement are reserved to the State of Florida. If any books, manuals,films,or other copyrightable material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement,the Sub-Recipient shall disclose all � intellectual properties relating to the performance of this Agreement which he or she knows or should � know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed- Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph(24)b., have the right to ail 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 E 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- 2 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)I.EGA(.AUTHORIZATION, The Sub-Recipient certifies that it has the legal authority to receive the funds under this o Agreement and that its governing body has authorized the execution and acceptance of this Agreement. o The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to'the terms of this Agreement. 20 Packet Pg. 109 C.1.e cv (26) L OPPORTUNITY EMPLOYMENT r? 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 CD 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 0 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 follawing equal opportunity clause: 0 0 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 o applicants are employed,and that employees are treated during o employment without regard to their race,color,religion,sax,or national origin. Such action shall include,but not be limited to the following: v employment,upgrading,demotion,or transfer, recruitment or recruitment advertising;Iayoff or termination;rates of pay or other forms of compensation;and selection fortraining, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees a, and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 0 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 m this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. IV. The contractor will comply with all provisions of Executive Order c 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. 2 V. The contractor will furnish all information and reports required by 0 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 o 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 o 21 Packet Pg. 110 cv ineligible for further Government contracts or federally assisted construction contracts in.accordance with procedures authorized in W 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. CL vii. The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1)through(n in every subcontractor 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 o 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 noncomplianew provided,however,that in the event a contractor becomes involved in,or v, is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request o the United States to enter into such litigation to protect the interests of y the United States: y 0 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 worts. 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 2 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 Secndary of Labor,that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance,and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from,or who has not demonstrated eligibility for,Government contracts and federally assisted 2 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 o or in part this grant(contract,ban,insurance guarantee),refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory 22 Packet Pg. 111 C.1.e cv assurance of future compliance has been received from such Sub-Recipient;and refer the case to the "? Department of Justice for appropriate legal proceedings. W (27)COPELAND ANTI-KICKBACK ACT 0 The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will CL 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. 0. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract o clauses. 0 III. Breach. A breach of the contract clauses above may be grounds for termination of the contrail, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.§5.12. (28) C R HOURLMD S-AFEM&T.6NDARDS If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contrail that exceeds$100,000 and involves the employment of mechanics or laborers,then any such contrail ) 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 Ail,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours E 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, 2 0 (29) C FEDE I_WAT POL U O O O T °' If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract that exceeds$150,000,then any such contract must Include the following provision: Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671 q) o and the Federal Water pollution Control Act as amended(33 U.S.C. 1251-1387),and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA), 23 Packet Pg. 112 C.1.e cv r9 r�. (30)SUSPENSION AND pEBA)rtMENT If the Sub-Reci lent,with the funds authorized b this P y Agreement,enters into a contract, CD then any such contract must include the followin g 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). o 0 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, LU 15. This certification is a material representation of fact relied upon m by the Division. If it is later determined that the contractor did not comply o with 2 C.F.R.pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C, in y 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)JMMNTI-LOBBYING AMENDMENT 0 If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract, A then any such contract must include the following clause: 0 Byrd Anti-Lobbying Amendment, 31 U.S.C.§ 1352(as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will 0) not and has not used Federal appropriated funds to pay any person or 2 organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant,or any other award covered by 31 U.S.C.§1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRAC-nNG WITH SMALL AND MINORITY BUSINESSES,1NOMEMS B SINESS EMMWRiSES.AND LABOR SURPLUS AREA FIRMS a. If the Scab-Recipient,with the funds authorized by this Agreement,seeks to procure o 0 goods or services;then,in accordance with 2 C,,F.R,.§200,321,the Sub-Recipient shall take the following m 2 Packet Pg. 113 C.1.e cv affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus "? area firms are used WWMever possible: cu W i. Placing qualified small and minority businesses and women's business CD enterprises on solicitation lists; CL ii. Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources: iii. Dividing total requirements,when econom'cally feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; nr. Establishing delivery schedules,where the MgMbMent permits,which encourage participation by small and minority businesses,and women'$business enterprises; LU V. Using the services and assistance,as aoarooriate of such organizations asCh the Small Business Administration and the Minority Business Development Agency of the Department of c Commerce;and vi. Requiring the prime contractor,if subcontracts are to be let,to take the affirmative steps fisted in paragraphs i.through v.of this subparagraph. b„ The requirement outlined in subparagraph a.above,sometimes referred to as a, `socioeconomic contracting,'does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms,. Rather„the requirement only imposes an obligation to carry out and rdoct meat the six affirmative steps identified above. c. The"socioeconomic contracting'requirement outlines the affirmative steps that the Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises,does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures(e.g, 'project splitting`). (33)6SSUR6NCE& 2 The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C: c 6 2 Packet Pg. 114 C.1.e cv IN WITNESS WHEREOF,,the parties hereto have executed this Agreement. r. 0 SUB-RECIPIENT: Monroe Coup --- CL - "� o By: Name and Title: Header arruthers Mayor bc- N't 11 0 Yj i Date: ss3. yo .v CLEINL s- — CL�lC u- 0 STATE OF FLORIDA y DIVISION OF EMERGENCY MANAGEMENT > By, ilex E. Anderson,for Name and Title: Jared Moskowitz, Director Date: ? KNOW caum AP' Ai o .WHAJAW A3Sl%rA%T= ATTi PJW Daft 0 o ? 0 0 26 Packet Pg. 115 C.1.e cv EXHIBIT—1 Cn THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS CD AGREEMENT: CL Federal Program Federal agency:Federal Emergency Managerinent Agency:Pre-Disaster MCgi2a Grant Catalog of Federal Domestic Assistance tide and number.97.029 Award amount §222.897.01 . 0 0 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Unfform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards - • The Robert T.Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,as E amended,42 U.S.C. 5121 et seq.,and Related Authorities 0 • Sections 1361(A)of the National Flood Insurance Act of 1968.42 U.S.C:4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-326 and the Bunning-Bereuter- y Blumenauer Flood Insurance Reform Act of 2004,Public Law 108-264 • 31 CFR Part 206 Rules and Procedures for Funds Transfers o Federal Program: 0 1. Sub-Recipient is to use funding to perform the following eligible activities: m • Mitigation Reconstruction Project 0 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement;,or will be in violation of the terms of the Agreement. 0 m 0 m 0 0 0 0 0 0 m 27 Packet Pg. 116 C.1 e cv Attachment A �? r�. Budget and Scope of Work E Homeowner: Etzbieta Krysztofiak Property Address: 1512 Duncombe Street, Key West, Florida 33040 CL Homeowner. Elzbieta KryszWiiak Property Address: 1514 Daunoombe Street, Key West, Florida 33040 ZSTATMENT OF PURPOSEc The purpose of this Scope of lllrzork(SOW)is mitigation reconstruction of two residential properties located in Key West, Florida 33040; funded through the Flood Mitigation Assistance Grant Program(FMA)FMALU - PJ-04-FL-2016-013 as approved by the Florida Division of Emergency Management (Derision) and the Federal Emergency Management Agency(FEMA). 0 The Sub-Recipient, Monroe County,agrees to administer and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub- Recipiient shall complete the work in accordance Aft all applicable Federal, State and Local Laws, Regulations and Codes. a, R As a Flood Mitigation Assistance Grant Program (FMA) project, the Sub-Recipient proposes to demolish the two residential structures and to construct new elevated structures having the first floor elevation at least 2.8 feet above the Base Flood Elevation (SFE) in compliance with local ordinances. The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. The new elevated structure should comply with the National Flood Insurance Program requirements,the Florida Building Code and all applicable local codes and permitting requirements. The areas below the lowest floor must be used solely for parking of vehicles,building access or storage. TAsKs DEUVERAsLEs• A. Tasks 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and c FEMA. The Sub-Recipient snail select the qualified,licensed Florida contractor in accordance with the o Sub-Redpienrs procurement policy as well as all federal and state laws and regulations. All 2 procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools,transportation and supervision and for performing all work per sealed engineering designs and i construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. 0 The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work.The contractor shall maintain all work staging areas in a neat and presentable o condition. The Snub-Recipient shall ensure that no=ntractors or subcontractors are debarred or suspended from participating In federally funded projects. 28 Packet Pg. 117 C.1 e cv The selected contractor shall have a current and valid occupational license/businesslax receipt issued "? for the type of services being Performed. W The Sub-Recipient shall provide documentation demonstrating the results of the procurement process, This shall include a rationale for the method of procurement and selection of contract type,contractor selection and/or rejection and bid tabulation and listing,and the basis of contract prig. CL The Sub-Recipient shall Provide an executed `Debarment, Suspension, Ineligibility, Voluntary Exclusion Form'for each contractor and/or subcontractor performing services under this agreement Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub- Recipient.The Sub--Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or .2 business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub-Recipient shall monitor and manage the demolition and construction of each property LU subjected to or in danger of repetitive damage, The project shall be implemented in accordance with the approved scope of work previously presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA.The Sub-Recipient shall ensure that all applicable state,local and federal laws and regulations are followed and documented,as appropriate. o The Project consists of the general construction and furnishing of all materials,equipment,labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. The Sub-Recipient shall fully perform the approved project in accordance with the approved Pp P lam.�described in the submitted documents, PP scope of work, budget line item, allocation of funds and a ficable 0. term and conditions indicated herein. The Sub-Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All > construction activities shall be monitored by a qualified engineer.The Sub-Recipient shall complete the ) Project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. c� Upon completion of the work,the Sub-Recipient shall schedule and participate in a final inspection of > the completed project by the local municipal or county official,or other approving official,as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub- Recipient prior to Sub-Recipients submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) A copy of the Local Building Official Inspection Report and Final Approval, as applicable. 2 b) A copy of the Certificate of Occupancy issued by the local authority. c) A copy of Elevation Certificate before mitigation, if available. d) A copy of the Elevation Certificate after mitigation. 0 e) As-built drawings showing that the square footage of the newly constructed and elevated structure floes not exceed 10 percent of the original square footage. o f) All Product SpecificatiorWData Sheets(s) (technical standards) satisfying protect requirements on all products utilized, as applicable 29 Packet Pg. 118 cv r9 g) Signed notices from the affected property owner in the SFHA that the Sub-Recipient will record a W Deed Notice applicable to their property, as described in section (h), below, and that they will maintain flood insurance. 0 CL h) Confirmation that the Sub-Recipient (or property owner) has legally recorded with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book/page reference to record of current title, if readily available),a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal few requires that flood insurance coverage on this property must be mairnained during the life of the property regardless of transfer of ownership of such property,pursuant to 42 U.S.C. §5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance witty respect to this property in the event of a flood disaster. The property owner is also required to LU maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and v, C4/County Ordinances.' (i) Verification that the property located within a SFHA is covered by an NFIP flood insurance policy o to the amount at least equal to the project cost or to the maximum limit of coverage made available y With respect to the particular property,whichever is less. {() Letter verifying that unusable equipment,debris,and materials were disposed of in an approved manner and location.The letter shall also include If any significant items(or evidence thereof)were discovered during implementation of the Project,and that the Sub-recipient handled,managed,and dlsposed of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local,state, and federal agencies. (k) Letter verifying if any asbestos containing material,lead-based paint,or other toxic materials were > found during constriction activities,and that the Sub-recipient complied with all federal,state,and local abatement and disposal requirements. Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials shall be provided,if applicable. (1) Proof of compliance with Project Requirements and Conditions contained herein. 3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement Adequate and complete source documentation shall be submitted to support all costs(federal share and local share)related to the project. In some cases,all project activities may not be fully complete prior to requesting reimbursement of costs Incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each 2 reimbursement request attesting to the completion of the work,disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has o not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. Alf costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks,bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records,contract and subcontract award documents. 0) Construction Expense: The Sub-Recipient shall pre-audit bills, invoices.and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, 30 Packet Pg. 119 C.1.e t cv invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, M and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses* The Sub-Recipient shall pre-audit source documentation such as payroll records,project time sheets,attendance logs,etc, Documentation shall be detailed information o describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour CL including enough information to calculate the hourly rates based on payroll records. Employee benefits c shall be clearly shown,. i The.Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing .2 any requests for reimbursement Review and approval of any third party in-kind services, if applicable,shall be conducted by the Division in coordination with the Sub-Recipient.. Quarterly reports shall be submitted by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any W . reimbursement. 0 The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application. The requests for y reimbursement shall include: a) Contractor, subcontractor,, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) n endpayment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for c) Clear Identification of amount of casts being requested for reimbursement as well as costs being applied against the local match amount; The Sub-Recipient's final request for reimbursement shall include the final construction project cost. 0) Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverabign Mitigation activities for this project consists of demolishing two existing residential structures located in EI Key West, Florida 33040,to construct new elevated strictures having the first floor elevation at least 2.8 feet above the Base Flood Elevation(BFE)in compliance with local ordinances.The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. c I 0 The new elevated structures should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting requirements.The areas below the lowest floor must be used solely for parking of vehicles; building access or storage. 0 Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this a Agreement,the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion;PROJE c 0 cr 999203M AND masenrfs• 6 31, Packet Pg. 120 C.1.e cv C) an rineerinsi 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100%complete W and ready for the Division's Final Inspection of the project. E 2) The Sub-Recipient shall provide a ropy of the Certificate of Occupancy issued by the local authority and/or a copy of the local official Inspection Report and/or Final approval;as applicable. CL 3) The Sub-Recipient shalt provide a copy of the Elevation Certificate prepared before mitigation, if available. 4) The Sub-Recipient shall submit a copy of Elevation Certificate prepared after mitigation. 5) The Sub-Recipient shall provide as-built drawings showing that the square footage of the newly c 0 constructed and elevated structure does not exceed b percent of the original square footage. 6) The Sub-Recipient shall submit all Product Specifications/Data Sheet(s) (technical standards) LU satisfying protect requirements on all products utilized. 7) All installations shall be done in strict compliance with the Florida Building Code or any local codes and c ordinances.All materials shall be certified to exceed the wind and impact standards of the current local codes. Ch Ch 0 8) The Sub-Recipient shag follow all applicable State. Local and Federal Laws Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding a, D} nviro tal: 1) Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, ) and obtain(before starting project work)and comply with all required permits and approvals. Failure to obtain all appropriate Federal,State,and Local environmental permits and clearances may jeopardize federal funding. if project work is delayed for a year or more after the date of the categorical exc#usion (CATEX),then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved Scope of Worts that afters the project(including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications,shall require resubmission to the Division and FEMA for National Environmental Protection Act(NEPA)re-evaluation before starting project work, 3) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal 2 implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the c project site area,the project shall cease all activities involving subsurface disturbance in the immediate a vicinity of the discovery. The Sub-Recipient shall contact the Florida Department of State. Division of Historical Resources, Compliance Review Section at (850) 245.6333, and the Division's State Environmental Officer within 24 hours of the discovery. Project activities shall not resume without verbal and/or written authorization from the SHPO,the Division,and FEMA_ c In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section E 872.05. Packet Pg. 121 C.1.e cv 4) Unusable equipment,debris and material shall be disposed of in an approved manner and location.In �? the events significant items or evidence the i9 ( reof}are discovered during implementation of the project, Sub-recipient shall handle,manage,and dispose of petroleum products,hazardous materials and toxic E waste in accordance to the requirements and to the satisfaction of the governing local,,state.and federal agencies.Verification of compliance is required at project closeout. CL 5) If any asbestos containing material, lead-based paint, or other toxic materials are found during construction activities,the Sub-Recipient shall comply with all federal, state, and local abatement and - disposal requirements.The Sub-Recipient shall provide Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials.Verification of compliance is required at project closeout. o 0 6) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) r atic: 1) The Sub-Recipient must notify the Division as soon as significant developments becomes known, o such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. cn 2) The Sub-Recipient must'obtain prior written approval for any budget revision which would result in a need for additional funds'[44 CFR 13(c)),from the Division and FEMA. 3) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date,and a new schedule of work,to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 0) ) 4) The Sub-Recipient must avoid duplication of benefits between the FMAP and any other form of assistance, as required by Section 312 of the Stafford Art, and further clarification in 44 CFR 206.191. F NCIAL CO E If the Sub-Recipient fails to comply with any term of the award,the Division shall take one or more of the a, following actions,as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; o 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program;or 0 5) Take other remedies that may be legally available. 0 33 Packet Pg. 122 C.1 e cv Cn @ME[ W Funding Summary E Federal Share: $222,697.81 (82.856812680A) Local Share= $46.076.48 (17.14318732%) CL Total Project Cost $268,774.29 (i0096j Line Item Budget Elzbieta Kqsztoffek Local Share/ 1512 buncombe Street Total Federal Share Homeowner Costs U- Key West Florida 33040 Project Cost 90% 10% Pre-Award Costs $4,613.66 $4,152.29 $461.37 Construction Costs $108.540.28 $97.686.25 $10,854.03 Pre/Post Construction Costs $8.171.00 $7,353.90 $817.10 Tenant Displacement Costs $13,276.00 $11,948A0 $1.327.60 c Grant Management Costs $6,499.38 $5,825.46 $673.92 y TOTAL PROJECT COSTS: $141.100.32 $126,966.301 $14,134.02 Elzbk to Krysztofiak Local Share/ 1514 Duncombe Street Total Federal Share Homeowner Costs Key West Florida.33040 Project Cost 5% 259G Pre-Award Costs $4,613.65 $3.460.24 $1,153.41 Construction Costs $97.947.32 $73,460.49 $24,486.83 Pre/Post Construction Costs $7,374.00 $5,530.50 $1,843.50 Tenant Displacement Costs $11,879.00 $8,905.25 $2,969.75 � Grant Management Costs $5,860.00 $4,371.03 $1,488.97 � TOTAL PROJECT COSTS: $127673.97 $95,731.03 $31,942.46 ScHmULE of W01M. State/Local Contact Process 2 Months Engineering/inspection 1 Months Permitting 1 Months e Bids/Demoltion/Constructon 9 Months Final lnspecton/Acceptance 1 Months v, Closeout 3 Months Total : 17 Months This is FEMA project number FMA-PJ-04-FL-2016-013,Monroe County Mitigation Reconstruction Project. e The Period of Performance(POP)for this project shall end on October 30,2020 34 Packet Pg. 123 C.1.e cv Attachment B Program Statutes and Regulations W The parties to this Agreement and the Hazard Mitigation Grant Program(HMGP)are generally governed by the following statutes and regulations: CL (1) The Robert T.Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18,25,206,220,and 221.and any other applicable FEMA policy memoranda and guidance documents; 0 0 (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance-February 27,2015 Update;and (5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations, the Sub-recipient must comply with the o following: y The Sub-recipient shall fully perform the approved hazard mitigation project as described in the Application and Attachment A(Budget and Scope of Work)attached to this Agreement, in accordance with approved scope of work indicated therein,the estimate of costs indicated therein,the allocation of funds indicated therein,and the terms and conditions of this Agreement. The Sub4ecipient shall not deviate from the approved project and the terms and conditions of this shall corn with an and all Agreement. The Sub-recipient Ply y applicable codes and standards in performing work funded under this 2 Agreement,and shall provide any appropriate maintenance and security for the project. Any development permit issued by,or development activity undertaken by,the Sub-recipient and any land use permitted by or engaged in by the Sub-recipient,shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part 11, Florida Statutes. Funds shall be expended for,and development activities and land uses authorized for,only those uses which are permitted under the regulations. The Sub-recipient shall be re comprehensive plan and land development p responsible for ensuring that any development permit issued and any development activity or land use undertaken is,where applicable,also authorized by the Water Management District,the Florida Department of Environmental Protection,the Florida Department of E Health,the Florida Game and Fish Commission,and any Federal, State,or local environmental or land 2 use Permitting authority,where required; The Sub-recipient.agrees that any repair or construction shall be in accordance with applicable standards of safety,decency,and sanitation, and in conformity with apple codes,specfications and standards. o The Sub-recipient will provide and maintain comp etent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. o If the hazard mitigation project described in Attachment A Includes an acquisition or relocation project,then the Sub-recipient shaft ensure that,as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions which shall run with and apply to any property acquired,accepted„or o from which a structure will be removed pursuant to the project. (i) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space,recreational, or wetlands management practices; 3" Packet Pg. 124 C.1.e c1 (2) No new structure will be erected on property other than. �? a. a public facilely that is open on all sides and functionally related to a designed open W space,; b. a restroom; or (3) A structure that the Director of the Federal Emergency n Management age Agency approves in CL writing before the commencement of the construction of the structure; c (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source;and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner,fee simple We to the Property described herein shall be conveyed to the Board of Trustees of the Internal improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns.and the owner, its successors and assigns shall forfeit all right,title and interest in and to the property. LU HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b), o The National Environmental Policy Act(NEPA)stipulates that additions or amendments to a N HMGP Sub,-Recipient Scope of Work(SOW)shall be reviewed by all State and Federal agencies participating in the NEPA process. > As a reminder,the Sub-reclpient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work(SOW). Per the Uniform Administrable Requirements for Grants and Cooperative Agreements to State and Local Governments: 2 (1) For Construction projects,the grantee must`obtain prior written approval for any budget revision which result in a need for additional funds"(44 CFR 13(c)); , (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implkx ions;and (3) The Sub-recipient must notify the State as soon as significant developments become known,such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty days prior to the project 0) expiration date. 2 The Sub-recipient assures that it will comply with the following statutes and regulations to the c extent applicable: o (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352,Title 31, US Code (4) Chapter 473,Florida Statutes (5) Chapter215,Florida Statutes -o (6) Section 768.28,Florida Statutes (7) Chapter 110,Florida Statutes = 0 (8) Section 216.181(6),EJQrida Statutes (9) Cash Management Improvement Act of 1990 (10) American with DisabTdles Act (11) Section 112.061.E&WA Statutes (12) Immigration and Nationality Act (13) Section 286.011,Florida Sitatutes 36 Packet Pg. 125 C.1.e cv (14) 2 CFR, Part 200-Uniform Administrative Requirements,Cost Principles, and Audit c? Requirements for Federal Awards W (15) Uniforms Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act,or the Victims of Crime Act 0 (18) Omnibus Crime Control and Safe Streets Act of 1968,as amended CL (19) Victims of Crime Act(as appropriate) (20) Section 504 of the Rehabilitation Act of 1973,as amended - (21) Subtitle A.Title II of the Americans with Disabilities Act(ADA)(1990) (22) Department of Justice regulations on disability discrimination,28 CFR, Part 35 and Part 39 (23) 42 U.S.C.5154a 0 m 0 0 0 0 0 m 0 0 0 c� 0 m 0 m 0 0 0 0 0 0 m 37 Packet Pg. 126 C.1.e cv Attachment C Cn r�. Statement of Assurances To the extent the following provisions apply to this Agreement,the Sub-recipient certifies that: c (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution,motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management(DEM),including all understandings and assurances contained in it, and directing and authorizing the Sub-recipis chief administrative officer or designee Sub-recipients to act in o connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States,and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit No member,officer,or Lu employee of the Sub-recipient or its designees or agents,no member of the governing body of the locality in which this program is situated,and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or o for one year after,shall have any interest, direct or indirect,in any contract or subcontract,or the proceeds,for work be performed in connection with the program assisted under this Agreement. The Sub-recipient shall incorporate,in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub-recipient contracts for which the State Legislature is in any part a funding source,shall , contain language to provide for termination with reasonable costs to be paid by the Sub-recipient for eligible oonhact work completed prior to the date the notice of suspension of funding was received by the Sub-recipient Any cost incurred after a notice of suspension or termination is received by the Sub-recipient may not be funded with funds provided under this Agreement > unless previously approved in writing by the Division. All Sens-recipient contracts shall contain ) provisions for termination for cause or convenience and shall provide for the method of payment in such event; c� (e) It will comply with. > (1) Contract Work Hours and Safety Standards Act of 1962,40 U.S.C.327 et seq.,requiring that mechanics and laborers(including watchmen and guards)employed on assisted contracts be paid wages of not less than one and one-half times their wage rates for all hours worked in excess of forty hours in a work week;and 2 (2) Federal Fair labor Standards Act,29 U.S.C. Section 201 et seq.,requiring that covered employees be pail at least minimum prescribed wage, and also that they be paid one o and one-half times their basic wage rates for all hours worked in excess of the prescribed work week. (f) It will comply with (1) Tide VI of the Civil Rights Act of 1964(P.L M352),and the regulations issued pursuant thereto,which provides that no person in the United States shall on the grounds of race, color,or national origin, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Sub- recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any neat property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub- recipient,this assurance shall obligate the Sub-recipient,or in the case of any transfer of such property,any transferee,, for the period during which the real property or structure is 38 Packet Pg. 127 C.1.e cv used for a purpose for which the Federal financial assistance is extended, or for another �? purpose involving the provision of similar services or benefits; W (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975.as amended(42 U.S.C.6101.6107)which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; CL (3) Executive Order 11246.as amended by Executive Orders 11375 and 12086,and the regulations issued pursuant thereto,which provide that no person shall be discriminated against on the basis of race,color,religion,sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts,affirmative action to insure fair treatment in employment, upgrading,demotion, ortransfer,recruitment or recruitment advertising; layoff/termination,rates of pay or other fomu of compensation;and election for training and apprenticeship; (g) tt will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire far private gain for themselves or others, v, particularly those with whom they have family, business,or other ties pursuant to Section 112.313 and Section 112.3135,EJ2dLa-4, utes; o (h) It will comply with the Anti-Kkkback Act of 1986,41 U.S.C.Section 51 which outlaws and v prescribes penalties for'kickbacks'of wages in federally financed or assisted construction activities; (i} It will comply with the provisions of 18 U.S.C.694,598,600-605(further known as the Hatch Act) which limits the political activities of employees; (j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973,as amended,42 U.S.C.4002.4107.including requirements regarding the > purchase of flood insurance in communities where such insurance is available as a condition for ) the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase"Federal financial assistance'includes any form of ban,grand,guaranty,insurance payment,rebate,subsidy,disaster assistance loan or grant,or arty other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas(SFHA),the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the r p operties. The Model Acknowledgement can be found at www.fema.gov/govemrmntalgranttsfha conditions.shtm (k) It will require every building or facility(other than a privately owned residential structure) designed,constnxted,or altered with funds provided under this Agreement to comply with the 2 Uniform Federal Accessibility Standards,'(AS)which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub- recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor, (1) It will, in connection with its performance of environmental assessments under the National G Environmental Policy Act of 1969,comply with Section 106 of the National Historic Preservation ' Act of 1966(U.S.C.470),Executive Order 11593,24 CFR, Part 800.and the Preservation of Archaeological and Historical Data Act of 19M(16 U.S.C.469a-1, et seq.)by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 CFR,Section 800.8)by the proposed activity;and 39 Packet Pg. 128 C.1.e cv (2) Complying with all requirements established by the State to avoid or mitigate adverse Cn effects upon such properties. W (3) Abiding by the terms and conditions of the"Programmatic Agreement Among the Federal Emergency Management Agency,,the Florida State Historic Preservation o Offlce,the Florida Division of Emergency Management and the Advisory Council CL on Historic Preservation,(PA)"which addressee roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S,C.470(f),and implementing regulations in 36 CFR, Part 800. (4) When any of the Sub-recipient's projects funded under this Agreement may affect a historic property,as defined in 36 CFR,Part 800(2)(e),the Federal Emergency Management Agency(FEMA)may require the Sub-recipient to review the eligible scope o of work in consultation with the State Historic Preservation Office(SHPO)and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992(Standards),the Secretary of the interior's LU Guidelines for Archeological Documentation(Guidelines)(48 Federal Register (n 44734-37),or any other applicable Secretary of Interior standards. If FEMA determines m that the eligible scope of work will not conform with the Standards,the Sub-recipient o agrees to participate in consultations to develop,and after execution by all parties,,to abide by,a written agreement that establishes mitigation and recondition measures, including but not limited to,impacts to archeological sites,and the salvage,storage,and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities,.including, but not limited to: 0. subsurface disturbance;removal of trees-excavation of footings and foundations,and Installation of utilities(such as water,sewer,storm drains,electrical, gas, [each lines and septic tanks)except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan far the > recovery or archeological data from the property. If the Sub-recipient is unable to avoid the archeological property,develop, in consultation with SHPO,a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation(Council)publication"Treatment of Archeological Properties'. The Sub-recipient shall forward information regarding the treatment plan to FEMA,the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan,FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council or the SHPO object Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable:(a)of any changes in the approved scope of work for a National Register eligible or listed property; (b)of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or fisted property;(c)if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an o unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub- recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon teaming that construction may affect a known historic property in an unanticipated manner. The Sub- recipient further acknowledges that FEMA may require the Sub-recipient to take all 40 Packet Pg. 129 C.1.e cv reasonable measures to avoid or minimize harm to such property until FEMA concludes "? consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will W require,and the Sub-recipient shall comply with,modifications to the project scope of cu work necessary to implement recommendations to address the project and the property, CD (7) the Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when,with intent to avoid the requirements of the c PA or the NHPA,the Sub-reciplent intentionally and significantly adversely affects a historic property,or having the legal power to prevent it, allowed such significant adverse effect to occur. LM (m) it will comply with Title IX of the Education Amendments of 1972.as amended(20 U S.C. 1681- 1683 and 1685-16%)which prohibits discrimination on the basis of sex; (n) tt will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, (42 U.S.C.4521-45-94)relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912(42 U;S;C.290 dd-3 and E 290 ee-3),as amended,rela n to confidential' of alcohol and drug abuse o $ confidentiality g patient records; (p) It will comply with Lead-Based Paint Poison Prevention Act(42 U_S.C, 4821 et seq.)which 0y' prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act(P.L.94-163;42 U-S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) tt will comply with the Laboratory Animal Welfare Act of 1966, (7 U,S.C.2131-2159),pertaining to the care,handling,and treatment of warm blooded animals held for research,teaching,or other activities supported by an award of assistance under this Agreement; a, (s) It will comply with Title Vill of the Civil Rights Act of 1968,(42 U.S.0 2000c and 42 U.S,C. 3601- 3619),as amended,relating to non-discrimination in the sale, rental,or financing of housing,and Titte VI of the Civil Rights Act of MA(P.L.88-352),which prohibits discrimination on the basis of race,color or national origin; (t) ft will comply with the Clean Air Act of 1955,as amended,42 U.S.C.7401 7642; (u) It will comply with the Clean Water Act of 1977,as amended,42 U.S.C.7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S;C. 1531-1544; c 0 (w) ft will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C.4728-4763; 2 (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation y Act of 1966,as amended, 16 U.S.C.270; 0 (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969.42 U.S.C,.4321-4347; (z) ft will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C,469a,et seq.: (aa) ft will comply with the Rehabilitation Act of 1973, Section 604,29 U.S.C, 794, regarding non- discriminatim 41 Packet Pg. 130 C.1.e cv (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe "? Drinking Water Act of 1974,42 U.S.C. 300f--300j,regarding the protection of underground water W sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and o Property Acquisition Policies Act of 1970,42 U.S.C.4621-4638,which provide far fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; 0 (ee) It will comply with the following Executive Orders: EO 11514(NEPA);EO 11738(violating facilities);EO 11988(Floodplain Management);EO 11990(Wetlands);and EO 12898 (Environmental Justice); LU (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal o Zone Management Act of 197Z 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958 16 U.S.C.661-66: (0) With respect to demolition activities. it will- (1) Create and make available documentation sufficient to demonstrate that the Sub- recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. (3) Fumish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings kx,ated In the Sub-reciplent's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, ne Florida Department of Environmental Protection and the County Health Departme(4) Provide documentation of the inspection results for each stricture to indicate_ E a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present 0 (5) Provide supervision over contractors or employees employed by the Sub-recipient to remove asbestos and lead from demolished or otherwise applicable structures, 2 (6) Leave the demolished site clean, level and free of debris, 0 (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits,. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163)e 42 Packet Pg. 131 C.1.e cv {11} Comply with all applicable standards; orders,or requirements issued under Section 112 and 306 of the Clean Air Act(42 U.S.C: 1857h), Section 508 of the Clean Water Act(33 W U.S.C: 1368), Executive Order 11738,:and the U.S. Environmental Protection Agency regulations(40 CFR, Part 15 and 61). This clause shall be added to any subcontracts- CDcu (12) Provide documentation of public notices for demolition activities: CL 0 0 m 0 0 0 0 0 m 0 0 0 c� 0 m 0 m 0 0 0 0 0 0 m 43 Packet Pg. 132 C.1.e cv Attachment D r9 r�. DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF 0 HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB-RECIPIENT: Monroe REMIT ADDRESS; 102060 Overseas Highway CITY: _yLamo STATE. FI ZIP 33037 0 PROJECT TYPE PROJECT#: FMA2016-013 PROGRAM CONTRACT#; B0058 Ch APPROVED BUDGET: FEDERAL.SHARE: MATCH: 0 ADVANCED RECEIVED: NIA AMOUNT: SETTLED? lnvoioe Period: To Payment#: 0 0 Eligible cunt ObligatedAmo`Federal ObElga �on- Division Use OnlyFede o (Current Request) % _,95 Approved Comments m 0 o TOTAL CURRENT REQUEST. $ 0 c� 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 m otherwise, (U.S-Code Tide 18,Section 1001 and Title 31,,Sections 3729-3730 and 3801-3812. o SUB-REcim7mmT SIGNATURE: 0 NAMF/Tm.e: DATE: 0 TO BE COMPLETED BY THE DIVISION 0 APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE 0 APPROVED FOR PAYMENT $ DATE 0 0 m Packet Pg. 133 C.1.e cv r9 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT W CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SUB-RECIPIENT: Monroe County PAYMENT M CL PROJECT TYPE: PROJECT#: FMA2016-013 PROGRAM: CONTRACT#: B0058 REF NO2DATE3 DOCUMENTATION (Check) EUtGIBLE AMOUNT COSTS 100% 1 2 �+ 0 3 0 4 5 0 0 c� 6 0 0 m 7 0 8 0 S 0 This payment represents completion of the project TOTAL 0 0 a Recipient's internal reference number(e.g,Invoice,Receipt, Warrant, Voucher, Claim Check, or Schedule#) 'Date of delivery of amides,completion of work or performance services. (per document) fist Documentation(Redonrs payroll,material out of recipient's stock, recipient owned equipment and °' name of vendor or contractor)by category(Materials;..Labor, pees)and line item in the approved project line item budget Provide a brief description of the articles or services, List service dates per each invoice. 45 Packet Pg. 134 C.1.e cv Attachment E �? JUSTIFICATION OF ADVANCE PAYMENT W SUB-RECIPIENT: Monroe Coun E tyE If you are requesting an advance,Indicate same by checking the box below. CL [ )ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis, These funds are needed to pay staff,award benefits to clients,duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance, — If you are requesting an advance,complete the following chart and line Item justification below, LU PLEASE NOTE: Calculate your estimated expenses at 100%of your expected needs for 90 days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting 0 documentation. 0 ESSTIM TED EXPENSES BUDGET CATEGORYILINE ITEMS 20 -20`Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration,) , f er example c� PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line Item,provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support o documentation should Include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will -, be expended within the first ninety(90)days of the contract term. Any advance funds not expended within the first ninety(90)days of the contract term as evidenced by copies of Invoices and cancelled checks as required by the Budget and Scope of work showing 100%of expenditures for the 90 day period shall be returned to the Division Cashier,25M Shumard Oak o Boulevard,Tallahassee,Florida 32399,within thirty(30)days of receipt,along with any interest earned on the advance. AS, Packet Pg. 135 C.1.e cv Attachment F c? r�. DMSION OF EMERGENCY MANAGEMENT HAZARD MRIGATION GRANT PROGRAM QUARTERLY REPORT FORM 0 lr�structlorts;Complete and submit this form to the apprgpriate Prgect Manager within 15 days of each CL uartees end date. SUB-RECIPIENT. Monroe PROJECT : FMA-P,i-0O.FL 2418-093 PROJECT TYPE: CONTRACT d: B0058 PROGRAM: QUARTER ENDING: 0 Advance Payment Information: Advance Received❑ WA❑ Amount: $ Advance Settled?Yes❑ No❑ Provide reimbursement Projections for this project(projections may change): y Jul-Up 20 $ Oct4Dec 20 $ Jan-Mar 20 $ Apr�lun 20 $ m 0 Target Dates: Contract Initiation Date: Contract Expiration Datee Estimated Project Completion Date__ 0 Project Prooeed ng on Schedule? ❑Yes ❑No (NNo,please describe render Issues below) Pereetnp a of Work Completed(maybe confirmed b state in 9 P ( Y Y inspectors); _� Describe Milestones achieved during this quarter 0 0 Provide a Schedule for the remainder of work to project completion:(Mfiestones from Contract with estimated dates) Milestone j � s 0 m 0 Describe Issues or circumstances affecting completion date,milestones,scope of work,andlor cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget 0 Additional CommentslElaboration: 0 NOTE Division of Emergency Management(DE"staff may perform interim inspecd°ons andQor audits at any time, 0 Events may occur between quartedy reports,which have sfgnftwt impact upon yourprojed(s), such as anticipated overruns,changes in scope of work etc. Pfease contact the Division as soon as these condidans become known;, i otherwise you may be found non-compliant with your sub grant award. Person Completing Form: Phone, 0 To be comvleted bK D-hft son staff Date Reviewed. Reviewer. o Actions_ o m 47 o Packet jPg. 136 C.1.e cv Attachment G r� Warranties and Representations W Finangill Majugement CL The Sub-Recipient's financial management system must comply with 2 C.F.R.§200-302, Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the 0 requirements of 2 C.F.R.§200,Part D--Post Federal Award Requirements—Procurement Standards(2 C.F.R.§§200.317 through 200.326). Business„ ours The Sub-Recipient shall have its offices open for business,with the entrance door open to the c public,and at least one employee on site; from;8:00 AM-6:00 PM Monday Thru Friday,as cn Licensing All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. c� 0 0 0 8 Packet Pg. 137 C.1.e cv Attachment H M r. t 0 CL Subcontractor Covered Transactions (1) The prospective subcontractor, of the Sub-Recipient certifies,by submission of this document,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) VYhere the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective - subcontractor shall attach an explanation to this[corm. 0 SUBCONTRACTOR y 0 Monroe County Signature Sub-Recipient"s Name 8005E Name and Title DEM Contract Number > FMA-PJ4M-FL-M 6-013 Street Address FEMA Protect Number c� City, State,Tip Date E ' o ' 0 0 49, Packet Pg. 138 .n. _...... N Attachment I �? Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE:The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26,2006.The intent of this legislation is to empower every American with the ability to hold CL the govemment 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 httpl/www.usaspending=govl. LM 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 ffrst4ier sub-awards that obligate$25,000 or more in Federal funds (excluding Recovery funds as defined in section 1612(a)(2)of the American Recovery and Reinvestment Act of 2009,Pub. L. 111-5). Note:This'I nstructions and Worksheet'is meant to explain the requirements of the FFATA and give clarky 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. v, 0 ORGANIZATION AND PROJECT INFORMATION > The following information must be provided to the FOEM 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#. FMA-PJ404-FL-201"13 FUNDING AGENCY: Federal Emergency Management AgenRy AWARD AMOUNT: $222,697.81 OBLIGATION/ACTION DATE: 08/1 4120 1 9 SUBAWARD DATE(if applicable): m DUNS* 073876757 DUNS#+4: 0 c Packet Pg. 139 C.1.e cv r9 r�. `If your company or organization does not have a DUNS number.you will need to obtain one from Dun& Bradstreet at 7 5711 or use the web form(http:l/redgov.dnb. ebform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS ME: MONROE COUNTY BOCC A NAME(IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRES& DRESS LINE 1: 1100 SIMONTON ST ADDRESS LINE 2: DRESS LINE& CITY KEY WEST ^ STATE ZIP CODE+4" 0-3110 PARENT COMPANY DUNS#Of plicable): 07 76757 CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFD o DESCRIPTION OF PROJECT(Up to 4000 Characters) The purpose of this Scope of Work(SOW)is mitigation reconstruction of two residential proPerfies I t � in Key West, Florida33 0;funded through the Flood Mitigation Assistance Grant Program(F ) FMA- PJ4)4-FL-2018413 as approved by the Florida Dh' ion of Emergency Management(Division)and the j Federal Emergency Management Agency(FE ), i The Sub-Recipient, Monroe County, agrees to administer and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall complete the work in accordance with , all applicable 1` erl. State and Local Laws, Regulations and Codes. Verify the approved project description above, if there is any discrepancy,please contact the project � manager PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): CDs ADDRESS LINE 1: DRESS LINE 2: DRESS LINE 3: CITY STATE _--_ ZIP CODE+4" 0 CONGRESSIQML I T T P INCIPAL PLACE gf PR QX&T P R QR CE: "Providing the Zip+4 ensures that ft corred Congressional District is reported EC TIVI PEN INFO TI 1. In your business or anization's previous fmcal year, did your business or organ ization(including parent organization,afE branches,and all affiliates worldwide)receive(a)80 percent or more of your o annual gross revenues from Federal procurement ntr (and subcontracts)and Federal a, 51 Packet Pg. 140 C.1.e cv r9 financial assistance-(e.g,loans,grants,subgrants,and/or cooperative agreements,etc.)subject to W the Transparency Act,as defined at 2 CFR 170.320. ,(b)$25,000,000 or more in annual gross E 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® c s N the answer to Question f is"Yes,"continue to Question 2,N the answer to Question 1 is"No" move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization,all branches,and all affiliates worldwide) i through periodic reports fled 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 19867 Yes❑ No El If the answer to Question 2 Is"Yes,"move to the signature block below to complete the E certification and submittal process.(Note:Securities Exchange Commission information should o be accessible at htW/www.sec.govlanswerstexecomp.htm.Requests for Internal Revenue Service (IRS)Information should be directed to the local IRS for further assistance.] If the answer to Question 2 Is"No"FFATA reporting Is required.Provide the information required In the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the"Total Compensation"for the five(5)most highly compensated "Executives", ran k nk order,In your organization.For purposes of this request,the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: 'Executive'is defined as"officers, managing partners,or other employees in management positions"- 'Total C 'Is defined as the cash and noncash dollar value earned by the execuNe during the , most recently completed fiscal year and includes the following: 1. 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) c (FAS 123R),Shared Based Payments. E iii. Earnings for services under non-equity incentive plans.This does not include group life, heath, hospitalization or medical reimbursement plans that do not discriminate in favor of executives,and are available generally to all salaried employees. c iv: Change in pension value.This is the change in present value of defined benefit and actuarial o pension plans. V. Above-market earnings on deferred compensation which is not tax-qualified, uj vi. Other compensation, if the aggregate value of all such other compensation(e.g. severance. 0 termination payments,value of life Insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. 0 52 Packet Pg. 141 C.1.e cv r9 TOTAL C S TI H FOR MOST RECENTLY COMPLETEDFISCAL YEAR (Date of Fiscal Year Cc leWn an T I otpen o (Highest to Name for Most Recently L st Firs MI T ecomploWd Fiscal Year 7 0 0 4 m E UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN L INFORMATION 0 PROVIDED HEREIN IS ACCURATE v, 0 NAME AND TITLES TINA BOAN,$ 1 T FINANCE 0 DATE, - o 0 c� 0 m 0 m 0 0 0 0 0 6 0 3 m Packet Pg. 142 C.1.e cv Attachment J �? Mandatory Contract Provisions W Provisions: CL Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix 11 to 2 C.F.R.Part 200. it is the responsibility of the sub-recipient to include the required provisions. The Division provides the following list of sample provisions that may be required- 0 0 m 0 0 0 0 0 m 0 0 0 0 m 0 m 0 0 0 0 0 6 0 m Packet Pg. 143 C.1.e N •8 a Ati t!.as amendail{to U.S.C. nutarixls or articles oreinartly ava.1lablo,on W 31041W Wban roqmrod by fa&wal Proaram the open market.or couu=ts for transpor- i la n.all prime construction contram taUton or transmission oftntat to oz= of MOM awartled by (P) Riew to 3n uans Made code a cuutus must Include a Proglaloo far co li- Contract or Agroamont.If the Federal sward ance with the on A (411 U.S.C. moats the daftzationof ac' CL 3141-U d r as supplemented 31 M J401.2 fa pient or DGPWU= xn. t to. to s t Pan S. t °or Standw ds with a omaU bagnew firm or souproat a a- ° to contracu - nizatiou of - to or par(GrInance, of agwri- rs fat or rosemb wok a to 1 t ant or pt y with Pt- VIM specified !a a wwo determination to to In. made by the Sacrat=7 of vantions Kaft by Nanpraft Organizatio1w contractom m Unar Gravab- .2 t less than ance a week.Tba am-Paderalto Contracts and Cooperauve QZULY must place a impy of 1BG current Asrsumnk"and any unpleamunir Labor is solicitatl Tbo 90}Clean AW Act(42 UA.C.7 ®kt.f and decision to award a contrut or subcmuaet UA Fadero Water a U.&C. - r.as and (n on MN non-Padua]on- subzmts of amounts to excess of SMWO 0) t1t7 MUM roport all Suspected at roparw M=cowain a on nnufts the E vlakUo= to the Podaral a m a to agree to coiaptF with C Mo contragtis man also includea a R*�*�• . o or f U Cloal JUr Alt Kickback" Act AD UA.C:. a. 10 U f l Water mantod bx t of tions lln on Control Act as amandwd 03 U.S.C_ S. "Conuutors and Sub- 1-IWn.Violations must be reported to the coialractm on Public Bogdlur or Public F Work Financed is Whole arm Part.by Loans Office of the Envuromntal Protactlan > or Gmuts Vom the Unuod S °).no Act AW WAJ. VmnOw t each cqnbactor or sub ro- Mplent must be proltibited Plb Inducing, l • whiff Can- b3r any mums,W person od in Me Wood in Um aste onar"co" uoa i or repwr of public issued to compbanco with Qb6 BneMy amy work. to Wwo up smy part of A U.S.C.M. Uan c he or to a it !n Obocative The non-Fedazl is a=report L_A contrut award pockad or Morted violations to the Federal two 2 CPR MM)mast not be mj&to 8I Workty Management{ a }.SYStOM m the System for Award in a with tbo In, f (a U.3 4d at 2 CPR]W that implement 0) PD&WA QnUtY In exams of SIOM that W Executive {3 CPR Part 1016 An Vol *mploymant.of mochantes or labor- {3 CVR part I= > a provision for compliance with 40 Q.S C. .cl nt System 1n SAM kv t of Labor mulnuons{ Y.T7 U_&C:, , of the Act oath PoWb&or othawtm escluded conbactar most be required to compute Me wall as PaMas dodaW Mollgffio under stat- w&M s of a work of r authority o r k in excess of Um standard work week is IJ) Byrd Anti-Lobbyingt 1,21 permissible provided t tbo worker is com. UAC, n or bid a raw of not a for an mard.Of Imam or Uwe most half Umes the basic rate of W for all worked to aeass of 40 hours is Q& work the Un above that it wW not and b3s; t vrook.Mis requirements of 40 U.S.G.2M mv used Fadag spleogriated fands to My any applicable to construction mark and provide Parma or onrAmzatiou for inflnewmg or at.- that DO laborer or modhanic omm or employee qulrad to work is SarroundU= or wi&r of aw Avancy.a namber at Coarrou after working condittow wbich no WY. or amployes of Coma&or an employeeof a hazardous at dawarous.These requirements momber of covsron in t 0 apply40 not to Me parelmses of supplus of t or any 195 6 Packet Pg. 144 C.1.e r� CN r�. ®APP.W 2 CFR Ch.U(1- -1 other awwd eavaradb7 31 I;_3,C, W Awswad r Um M= &Lw ftdow Ally lcbbvw with AM dowatopment, vi L s in b7 noMon with aww& and om=zaUov&Tb=tam to "- Such amlosuras am fwwarded from Sur to tY 1"=go tponmg*I M&vld=ls Uar no to the nen-Podaml AwariL of b )where sua=&mugsaw CD tt®s as o P YdoDmmt activittes tws Me wt includedIand What Mch n vt- ac- AsmanwaTM ron I® t &dMtw tbat. am sow 0 EvucAmox U- sulinuou nadw an Internal applicauca. uk-- A.GwawAL sutationslvats tY t (or l),M11M at UM 1 = ass). Cn common or Joint ¢biwavo L F n CD Cannot be sdontIO04 romMy wd qlacifteaft O Yn- with y t SO- v*the pwbrumam arvark other oa and ozwwvad rcmmxk Exasolplasdftzl N Gp p[ YT1G7.elfttws d k a1 a R.I. serym®fCn aMMUM or the tx of Y t a However- of vltl (g l. n by Um inslataboa without a 1_ at t enr qt c1 rt o Rolm to �= ACUM44 and other wbtu- MU03 of an to c4 tlowd"UTItws as dam"m thm seatlaa_ Lion. drPutmantal rawareL orrannedtl d � In ( ) I t ba lash r 1 thor am o ( )costs, In > taron s a d or ftcat0 or d of this Put. offavil h regular scadoWe ofactivinex ippat-Men of roddonce balls. difflug or an am ftmeUm $on. c .a G Also couNdered put of tba 0)a , wbo nt c b allm (,) m r 61 agreemen to tCUTI- r 4 a or tt parpota of LbQ OM Fin- F a O& costs of whWb an to '" LIPles, Uds actIvity may be comaderod a to an Aww'L MAW on 6ron though an It In as t I`Ouwm for Dutnbumm mstrUCUM on a.Saw PvW. d (i) of MMrwt costs is davel oPinimt r and r tlwbaWly is h taly d the fbwal year astabliabWY klo r t to any smt the baw pertod should be so :5 t t of sai a I y at the Mmmuco- .X a l . fternad ftwmvk mom all o of 9 cost snamUou and&w8lopnM actlirttles Of in MUtation FMCM is t (F&A& that w4 saltustaly budgoted AM immsted eoM doseribed to Section.B, MauUftmuon forAtInclailft "a anignmat of marou(V&Ai CogL to 0 6 U Packet Pg. 145 C.1.e . a,tt.. cN Cn 4 m 0 CL 0 0 Ch 0 0 0 o ff7 0 0 0 0 0 Packet Pg. 146 C.1.e cv r9 r. m CD CL 0 m 0 Ch m 0 cn cn 0 0 0 0 EXHIBIT D 0) 2 2 cn c 0 6 Packet Pg. 147 Agreement For FEMA Program Consul#in Services This Agreement CAgreement's made and entered into this 5th day of September,2019 E by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred toCL as"COUNTY,"through the Monroe County Board of County Commissioners rBOCC"), AND CDR Maguire, Inc., a corporation of the State of Florida whose address is P. O. Box 771750, Miami, FL 33177 its successors and assigns, hereinafter referred to as"CONTRACTOR" or "CONSULTANT', WiTNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR E for Federal Emergency Management Agency (FEMA) Program Consulting Services; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing FEMA Program Consulting Services,which services shall collectively be referred to as the"Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 4 1.1 REPRESENTATIONS AND WARRANTIES CD By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: c 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties y hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for-use in verifying work completed by CONSULTANTs and associated costs and shall be in conformity and comply .with all applicable law, codes and regulations. The CONTRACTOR warrants that the E documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that Is acceptable for reimbursement by govemment agencies, therefore eliminating any additional cost due to missing or incorrect information; 1 � a Packet Pg. 148 C.1.e 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONSULTANTS services shall be performed as expeditiously as is consistent with W professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those CL now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract Immediately upon delivery of written notice of termination to the CONSULTANT. 0 1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board _ of County Commissioners for Monroe County. 0 1,1.8 The CONSULTANT shall not discriminate against any person on the basis of race, creed, y color, national origin, sex, age, or any other characteristic or aspect which Is not job related, in its recruiting, hiring, promoting,terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1,9 The effective date of this AGREEMENT shall be September 6, 2019. The term of the AGREEMENT shall be for a five-year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one-year 2 increments for up to fire years at the same terms and conditions with approval of the > COUNTY'S governing board.Such extension(s)shall be In the form of a written Amendment U , to the AGREEMENT and shall be executed by bath parties. ARTICLE II SCOPE OF BASIC SERVICES E 2.1 DEFINITION c CONSULTANTS Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly y upon receipt of a written notice to proceed from the COUNTY. The notice to proceed will then be formalized Into the form of a task order and must contain a description of the services to be performed, and the time period within which services must be performed and the estimated cost for the services to be performed under the task order. c 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall,without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subcontractors, or both. 2 Packet Pg. 149 C.1.e 2.3 NOTICE REQUIREMENT -� N 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 W be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: 0 CL Julie Cuneo 1100 Simonton Street, Suite 2-213 °- Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 0 0 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: y Andre Duart o President of Emergency Management Sr. VP 0 PO BOX 771750 y Miami, FL 33177 0 0 ARTICLEi ADDITIONAL SERVICES > w 3.1 The services described in Article III are Additional Services that may be provided by the CONSULTANT and are not included in Basic Services. If requested by the COUNTY, the Additional Services shall be paid for in addition to the compensation paid for the Basic Services but shall be in accordance with the pricing/rates set forth in this Agreement and only if approved by the COUNTY before commencement, 3.2 Additional Services may include, but are not limited to the following: A. Providing services of CONSULTANT for other than the previously listed scope of the Project provided as a part of Basic Services. o 0 B. Providing any other services not otherwise included in this Agreement or notcustomarily y furnished in accordance with generally accepted FEMA Program Consulting Services. 0 0 C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.3 If Additional Services are required, such as those listed above,the COUNTY shall issue a o letter requesting and describing the requested services to the CONSULTANT. The o CONSULTANT shall respond with a fee proposal to perform the requested services. Only o after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 3 Packet Pg. 150 C.1.e ARTICLE IV PO B S N 4.1 The COUNTY shall provide full information regarding requirements for the Project including E physical location of work, county-maintained roads, and any available maps. CD 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect CL to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANTS services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance — with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANTS services and work of the contractors. 0 4.6 The COUNTY's review of any documents prepared by the CONSULTANT or its subcontractors shall be solely for the purpose of determining whether such documents are > generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V ND HOLD HARI�LLM INDEMNIFICATION ,A The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its 2 commissioners, officers, employees, agents and servants from any and all claims for bodily injury, Including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, Including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s)in any tier,occasioned by the negligence,errors, or other wrongful act or omission of the CONSULTANT,its Subcontractor(s)in any tier,their officers, employees, servants and agents. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the CONSULTANTs failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all Increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and E warrants that CONSULTANT hold the County harmless and shall indemnify It from all losses occurring thereby and shall further defend any claim or anion on the COUNTY's behalf. 4 Packet Pg. 151 . C.1.e The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements W contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 0 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement,the parties anticipate that the following named individuals will perform those functions as indicated: 0 NAME FUNCTION y Kabinka Bailey Project Manager Other personnel to be determined So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on pricing/rates agreed upon and shown in Attachment A. 0 c 6 Packet Pg. 152 C.1.e 7.2 PAYMENTS N 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein,the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement or Task Order, compensation due to the CONSULTANT shall be equitably adjusted, either upward CL or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed In writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in LU support of expenses for which payment is sought as the COUNTY may require, - Including but not limited to back up documentation sufficient for reimbursement of expenses by FEMA or other governmental agencies. (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.70, Florida Statute. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. 7A BUDGET 7A.1 The CONSULTANT may not be entitled to receive,and the COUNTY Is not obligated to pay, 6 any fees or expenses in excess of the amount budgeted for this contract in each fiscal year An (October 1 -September 30) by COUNTY's Board of County Commissioners.The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. CD 7A.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTI!GLE INSURANCE AND BObIDS 0 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the worts of others)is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall Indemnify the COUNTY from any and all increased expenses resulting from such delay. 6 6 Packet Pg. 153 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better,that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida.The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said W coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 0 8.3 CONSULTANT shall obtain and maintain the following policies: CL A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of$1,000,000 per Accident,$1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liabillty Insurance covering claims for injuries to members of the public and/or.damages to property of others arising from use Ch of motor vehicles,including onsite and offsiteoperations,and owned,hired or non-owned 0) vehicles,with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. y 0 D. Commercial general liability,including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents.or subcontractors or subcontractors, including Premises andlor Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional Liability Insurance Requirement with minimum limits of liability $1,000,000 per Occurrencel$2,000,000 Aggregate. If coverage is provided on a Claims made basis, an extended claims reporting period of four(4)years will be required. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S 2 liabilities hereunder in insurance coverages identfied in Paragraphs C and D. 0 G. CONSULTANT shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. c H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will E Packet Pg. 154 C.1.e be required. In addition,the CONSULTANT may be required to submit Updated financial .� statements from the fund upon request from the COUNTY. ARTICL,9 lX MISCELLANE" QUA 9.1 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. o 0 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and � may be reproduced and copied without acknowledgement or permission of' the CONSULTANT. o 9.3 SUCCESSORS AND ASSIGNS o The CONSULTANT 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 and the CONSULTANT, which approval shall be subject to such o 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 o 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. DA NO THIRD-PARTY BENEFICIARIES 0 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.6 TERMINATION o A. In the event that the CONSULTANT shall be found to be negligent in any aspect of y service, the COUNTY shall have the right to terminate this agreement after five days' written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate o 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 I g Packet Pg. 155 C.1.e 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 to the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds W 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,which Is$5 million. In addition,the COUNTY reserves all rights available to recoup monies paid CL under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time,upon one(1)weeks'notice to CONTRACTOR. If the COUNTY — terminates this agreement with the CONTRACTOR,COUNTY shall pay CONTRACTOR the sum due to 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,which is$5 million. E. 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 W 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.136(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the 6 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 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. 9.6 CONTRACT DOCUMENTS 0 This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and Attachment A Scope of Work and Pricing, and modifications made after execution by written amendment, In the event of any conflict between any of the Contract documents,the one imposing the greater burden on the CONSULTANT will control. Packet Pg. 156 C.1.e 9.7 PUI3UC ENTITIES CRIMES 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 contracts 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 toCD public entity, may not be awarded or perform work as a contractor,supplier, subcontrador, or CONSULTANT under a contract with any public entity, and may not transact business with 0. any public entity in excess of the threshold amount provided in Section 287.017 of the Florid Statutes, for CATEGORY TWO for'a period of 36.months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement 0 will not violate the Public Entity Crimes Act(Section 287.133, Florsda Statutes). Violation nies n of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarmentfrom COUNTY's competitive procurement activities. LU Ch In addition to the foregoing, CONSULTANT further represents that there has been no 0) determination, based on an audit,that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "pubCc entity crime" and that it has not been the (n formally charged w�involved or whether CONUSULTANT has been placed on the an act dl convess icted .amount of money rnvol � vendor list. CONSULTANT will promptly notify the COUNTY if It or any subcontractor or CONSULTANT Is formally charged with an act defined as a"public entity crime"or has W been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT U , CONSULTANT shall maintain all books, records, and documents directly pertinent to W performance under this Agreement in accordance with generally accepted accounting > principles consistently applied. Records shaft be retained for a period of seven years from the termination of this agreement or for a period of three 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 EQ records of each other party to this Agreement for public records purposes during the term of the Agreement and seven years following the termination of this Agreement or.three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT 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. Right to Audit Availability of Records. 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;subcontractfkles(including proposals of successful E original and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); estimates; estimating work sheets; correspondence; change order files (including documentation covering general ledgergotiated en detailing cash and trade discounts earned, In logs and surance E orting documentation; g � i 10 Packet Pg. 157 C.1.e rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerkw)to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable r� judgment 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 County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications 0. 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 ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the y Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. y 0 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely ante State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall Ile in the W Judicial Circuit, Monroe County, Florida, in the appropriate court or before the > appropriate administrative body.This agreement shall not be subject to arbitration. Mediation U , proceedings initiated and conducted pursuant to this Agreement shall be in accordance with 6 the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to -arty 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 terns, covenants, conditions and y provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement.The COUNTY and CONSULTANT 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. 9.11 ATTORNEY'S FEES AND COSTS 6 The COUNTY and CONSULTANT 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 the Agreement,the prevailing parry shall be entitled to reasonable attomey's fees and court costs, as an award against the non-prevailing party, and shall include ll Packet Pg. 158 C.1.e. attorneys fees and courts costs in appellate proceedings. N 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to W the benefit of the COUNTY and CONSULTANT and their respective legal representatives, E successors, and assigns. 0 CL 9.13 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. 0 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT 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. 0 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS y COUNTY and CONSULTANT 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 CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or claim or as soon as practicable. 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.Any claim or dispute > that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 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 CONSULTANT 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 CONSULTANT specifically agree that no party to this Agreement shall be required to enter 2 into any arbitration proceedings related to this Agreement. y 0 9.17 NONDISCRIMINATIONIEQUAL EMPLOYMENT OPPORTUNITY 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 competen#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 E applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VI I of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color, religion, sex and national origin; 2) Title IX of the Education Amendment of 1972, as ` 12 Packet Pg. 159 C.1.e 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 W age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating E 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 Vill 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. 0 During the performance of this Agreement, the CONTRACTOR, in accordance with Equal y 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 11248 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 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 An 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 2 employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 0 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 13 Packet Pg. 160 C.1.e conducted by the employer, or is consistent with the contractor's'legal duty to famish information. N 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 CL available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 0 6} The contractor will famish 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 byLU the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 0 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such roles, regulations, or orders,this contract may be canceled, y terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authored 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. 8) 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, 1966, 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 non- compliance; 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. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY 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. 9.19 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 14 Packet Pg. 161 C.1.e gifts; doing business with one's agency; unauthorized compensation; misuse gof public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATIONIPAYMENT The CONSULTANT and COUNTY 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 CONSULTANT 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. 9.21 PUBLIC ACCESS. Public Records Compliance.CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the y Constitution of Florida. The County and CONSULTANT 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 CONSULTANT 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 CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT Is encouraged to consult with its advisors about Florida Public Records Law In order to comply with this provision. CD Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT 2 is required to: (1) Keep and maintain public records that would be required by the County to perform the c 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. c (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 tern and following completion of the contract if the CONSULTANT does not transfer the records to the County. 15 Packet Pg. 162 C.1.e (4) Upon completion of the contract, transfer, at no cost, to the County all public records in ep and maintain public records that would be possession of the CONSULTANT or ke N service. If the CONSULTANT transfers all required by the County to perform the public.records to the County upon completion of the contract, the CONSULTANT shall W destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT 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. (6) 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 CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. LU Ch If the CONSULTANT does not comply with the County's request for records,the County shall 0) enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon y violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable lime may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT 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 W law. > IF THE S GTHE AEUKATION OE CHAPTER 112, FL 2RMA..51&U=- TO THE To CW—Ecuff OF w 292.-2470 xII WILLKEY ST. ����n 1 1040, 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the 0 CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability,exemptions from laws,ordinances,and rules and pensions and relief, disability,workers' compensation, and other benefits which apply to 1 16 Packet Pg. 163 C.1.e 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 to rial 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 W territorial limits of the COUNTY. E 0 S.24 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 '+t 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 y law. 0 9.26 NON-RELIANCE BY NON-PARTIES y Ch 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 entitlementa to COUNTY agreenefit of any service or program contemplated hereunder, and the CONSULTANT neither the CONSULTANT nor the COUNTY 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. , 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, W Including a Public Entity Crime Statementan Ethics Statement, and a Drug-Free WorWace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a E truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete,and current at the timeCD of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit U costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 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 shah be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the E execution of this Agreement. 17 Packet Pg. 164 C.1.e 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be N regarded as an original, all of which taken together shall constitute one and the same W instrument and any of the parties hereto may execute this Agreement by signing any such E counterpart. 0 9.29 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: 0 0 9.29.1 Davis-Bacot, as amended (40 U.S.G. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Ch Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant 0) Program, Port Security Grant Program and Transit Security Grant Program, all prime 0 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 o 2 Labor in each solicitation.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-lCckback" (4Q end o $145), as supplemented by Department of Labor regulations (29 CFR Part 3, "ContractorsSubcontractors 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, o 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 y agency. 0 (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 0 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 o subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. l,s Packet Pg. 165 C.1.e (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract,and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.29.2 Contract Work Hours gnd Safety Mgndardl Act(40 U.S.C. 3701-3708).Where applicable,which E includes all FEMA grant and cooperative agreement programs, all contracts awarded by the CD COUNTY in excess of $100,000 that involve the employment of mechanics or laborers mustCL 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 LU contracts for transportation or transmission of Intelligence. 9.29.3 Rights to inventions Made Under a Contract or A reement. If the Federal award meets the definition of °funding agreement" under 37 CFR §401.2 (a) and the recipient.or subrecipient y 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 worts under that "funding agreement," the recipient or subreclpient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.4 Clean Air Act 4 U.S.C. 7401 767 and the Federal Water Pollution Control Ad 33 U.S.C. 12 1-138 . 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. 7401-7671 q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as amended— applies to Contracts and subgrants of amounts in excess of$150,000. 9.29.5 Debarment and Sus en i Executive Orders 12549 and 1 689 contract award(see 2 CFR 180.220)must not be made to parties listed on the goverment wide 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. 236),"Debarment and Suspension.' SAM Exclusions contains the names of parties debarred, 2 as, as well as parties declared ineligible under suspended, or otherwise excluded by agenci statutory or regulatory authority other than Executive Order 12649. U 1.29.6 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 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. 1 19 Packet Pg. 166 C.1.e 9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CF 0.322. 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 W procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at E 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 CL item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Other Federal Requirements: 9.29.9 Am§dcans with Disabilities of 1990, as amended AD —The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government LU issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. _ 9.29.10 Disadvantaaed Business Enterorise (DB Policy and Obliaation - It Is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity y to participate in the performance of contracts financed in whole or In part with COUNTY funds under this Agreement. The DBE requirements -of applicable federal and state laws and regulations apply to this Agreement.The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant , to this Agreement. 2 C.E.R.§ 200.321 CONTRACTING WITH SMALL. AND MINORITY U ES$ES. WOMEN'S BUSIN SS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS -- a. If the CONTRACTOR,with the funds authorized by this Agreement,seeks to subcontract goods CD 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: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation fists; (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 sible into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where_ the requirement ioermits,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. 20 Packet Pg. 167 C.1.e (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed In paragraph (1)through (5)of this section. 9,29.11 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to E verify the employment eligibility of all new employees hired by the Contractor during the termCD 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 CL Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.29.12 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. y 3.Submit timely,complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.29.13 DHS Deal 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. 9.29.14 Chances 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 6 and be reasonable for the completion of the Project Any contract change or modification, A change order or constructive change must be approved in writing by both the COUNTY and > Contractor. 9.30 FDEM requirement 9.30.1 If any portion of this agreement is funded by the Florida Department of Emergency Management The CONTRACTOR will be bound by the terms and conditions of the Federally- Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management(Division). 9.30.2 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. The Remainder of this Page Intentionally Left Blank 21 Packet Pg. 168 C.1.e IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly authorized r five on the day and year first above written. BOARD OF COUNTY COMMISSIONERS "- MADOK, Clerk OF MONROE COUNTY, FLORIDA o CL By: rk Mayor/Ch a Date: 5 '�r� 0 (S 1) CONTRACTOR A st: o BY: By: o Tit Ashli N. f►ez Title: U 6w-� y EVItIIM MPmy 4.2023 OWN 7ko Avon Icy END OF AGREEMENT o 0 0 0 0 MONROE COUNW ATTORNEY O AS TQ FORM: CERISTINE r IMBERT BARROws ASSISTANT RNBY DATE: ?M 2 �r al rr, Ci 3 Q Packet Pg. 169 ATTACHMENT A SCOPE OF WORK AND PRICING W The Respondent awarded a contract shall provide the Federal Emergency Management Agency(FEMA) Program Consulting Services described herein.These services include, but are not limited to: + General FEMA Program, including but not limited to the Public Assistance program, Sheltering and Temporary Essential Power(STEP), Hazard Mitigation Grant Program (HMGP), grant management advice and assistance, insurance advice and assistance, procurement advice and assistance, • Assistance with development and ongoing activities with a team of County employees to manage the FEMA Public Assistance process, and other eligible FEMA programs as needed by the County • Assistance with preparation of correspondence to State of Florida and FEMA when required, • Advice as to eligibility of expenses, Assistance in meeting deadlines imposed by FEMA and the State of Florida for documentation, appeals, completion of work, etc., • Review of current County policies and assistance with development and documentation of new County policies to ensure compliance with FEMA and State of Florida requirements and guidelines, Assistance with hazard mitigation proposals, alternate projects, and improved projects to protect the County's interests, • Assistance with preparation of large and small project worksheets,so that scope of work is accurate and comprehensive, estimates are accurate, expenses are eligible and documented, and that projects are categorized as small or large in a manner that ensures prompt and sufficient reimbursement to the County, • Assistance with dispute resolution and appeals, • Periodic reports to management as to status of FEMA Public Assistance process and progress and status and progress other FEMA programs that the County may become eligible for post disaster, • Assistance with project final inspections, closeout, and audits, and • Other related activities as requested by the County. CD c 2 0 c 6 2 Packet Pg. 170 C.1.e Pam Hancock From: Cuneo-Julie <Cuneo-Julie@MonroeCounty-FLGov> Sent: Monday, September 23, 201912:54 PM To: Pam Hancock W Cc: Limbert-Christine Subject: RE:CDR Maguire pp �}r T�/LG4 ?G( owl fa3C Z. i CL The first column is the base rate. The second column is the fully loaded rate. Both are described at the bottom of the table. I can see,though,where the column headings are missing that had this, but the asterisks. Sorry about that. Julie E.Cuneo Management and Business Services Administrator Office of Management& Budget, Purchasing, Grants Administration 1100 Simonton Street 2-213 Key West, FL 33040 - 305.292.4460 Stop 1 c y www.monroecoun -fl. ov N c Board of County Commissioners Monroe County, Florida "The Florida Keys" From: Pam Hancock<phancock@monroe-clerk.com> Sent: Monday,September 23,201912:50 PM To:Cuneo-Julie<Cuneo-Julie @ Mon roeCo u nty-FL.Gov> Cc:Umbert-Christine<Limbert-Christine@ MonroeCounty-FL.Gov> Subject:CDR Maguire 0 CAUTION:This email originated from outside of the County.Whether you know the sender or not,do not click links or a open attachments you were not expecting. Hi Julie, c Attached is a copy of the agreement with CDR. Can you please advise what the two columns represent on page 24? c Thanks. Packet Pg. 171 C.1.e Pricing r9 ram. Project Exec $ 225.00 $ 265.00 CD EOC Support $ 135.00 $ 175.00 CL Project Mana er $ 165.00 $ 205.00 $ 220.00 $ 260.00 SME Client Liaison $ 150.00 $ 190.00 $ 155.00 $ 195.00 Assistant Project Manager Sr.Grants Specialist $ 145.Od $ 185.00 Grants Specialist $ 125.00 $ 165.00 Hazard Mitigation Specialist $ 135.00 $ 175.00 Environmental Specialist $ 115.00. $ 155.00 Ch Data Anal st $ 100.00 $ 140.00 Site Inspector $ 100.00 $ 140.00 0 Sr.Engineer $ 210.00 $ 250.00 y Mid Engineer $ 160.00 $ 200.00 Jr.Engineer $ 100.00 $ 140.00 Sr.Architect $ 210.00 $ 250.00 $ 160.00 $ 200.00 Mid Architect Jr.Architect $ 100.00 $ 140.00 $ 135.00 $ 175.00 Construction Mgr. G!S Specialist $ 100.00 $ 140.00 $ 40.00 $ 40.00 Admin 0 c� base hourly rate does not include"out-cam pocket"costs,such as travel,lodging, meals, suDolies. etc. ** included in"fully loaded"hourly rate:lodging, per diem, and overhead 0 0 m 0 These rates will be held firm for the first three years through August 31,2022. For each additional year,the rates will increase to match the Consumer Price Index(CPI),with a cap at three(3)percent annually. 0 0 0 0 0 m 0 4 Packet Pg. 172 C.1.e RESPONSE FORM N RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS "- Purchasing Department E GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET CL KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) 1, 2. 3. 4 I have included • Response Form X_ • Lobbying and Conflict of Interest Clause _X _ • Non-Collusion Affidavit X • Drug Free Workplace Form I _�„` • Public Entity Crime Statement X • Monroe County occupational license and relevant City occupational licenses are required to be y obtained within ten days of award of the contract X I have included a current copy of the following professional and occupational licenses: Poach Certificate of Status and Florid PM&Asional Engineering Li400ae1,__ (Check i s g e as Mminder tha c ) Mailing Address: P.O. Box 771750 Telephone: (786)235-8534 Miami, FL 33177 Fax: (786)235-8501 Date: 7/26119 Signed: Witness: ht..e /�JW Corporate Seal: ���;GU►R (Print Name) Sr_ Virg PrPcitlpnt I President, Emergency Management Division (Title) :,, 3J,- STATE OF: Colorador.,t= COUNTY OF: Boulder ( " .:;;.......... Subscribed and sworn to(or affirmed) before me on (date)bydre Quart (name of affiant). He/She is personally known to me or has produced���vers License _ (type of identification)as c identficati NOTARY PUBLIC My Commission Expires: 12-12-21 AI.ISA ANN Wa LL44 NOTARY PUBLIC STATE OF COLORADO I N07M ID M140fit1906 39 Wr COL+USSION EV RE8 DECEIYISM JZ=I Packet Pg. 173 C.1.e cv r9 CERTIFICATE OF CORPORATE AUTHORITY At a duly authorized meeting of the Board of Directors of CDR NIAGUIRE INC. CL Feld on FEBRUARY 20,2Di 9 it was VOTED that: (Name of Corporation) (Date) ANDRE A.DUART SENIOR VICE PRESIDENT (Name) tle) of this corporation,be and hereby is authorized to submit bids and proposals,execute contracts, deeds and bonds in the name and behalf o0said corporation,and affix its corporate seal thereto, y and such execution of any contract or obligation in this corporation's name on its behalf of such E SENIOR VICE PRESIDENT under seal of the corporation,shall be valid and binding upon this a (Title) corporation. A TRUE COPY, ATTEST: KATRINA KERR TITLE: SECRETARY PLACE OF BUSINESS: 16267 SW 157 AVENUE,MIAMI,FL 33187 JULY 24, 2019 , I hereby certify that I am the Clerk of CDR MAGUIRE INC. and that ANDRE A. DUART I (Corporation) (Name) is duly elected SENIOR VICE PRESIDENT of said corporation,and that.the above vote has not E been amended or rescinded and remains in full force and effect as of the date of this Certification. �,..w.�4laihr.• .rA�,GWr� y, (Cler kj ftiv2i, : CORPORATE SEAL: •r . 4E:��." � 6 Packet Pg. 174 C.1.e tate. o S FI-orid, N .. .. .. W Deparmwnt State q V CL Lro#4 fiomLhe-i*eccvb of fts offi.a CDR M-AGIUM INC.i.sa Delaware Dtedribtri 14, 1971. fc I fhOwtertif do *d'corpMdqidue Ws Dece r , . WA,hiOmwal. Mom ko�*40"ilike At, 2010 I , Selcnmi4 of Sme 6 TO leb di*AWtihts r Packet Pg. 175 . _ C.1.e Y z L. CD 0 4i (D Y !"" E W 0 _ L) LU C7 �' W W N LU ❑ LW H z Z W O+ Ch Q z co ' C ?. � Z LL.. 44 ce U. LLA UJ W tia Gam.. Z. Q Z 'Z V3 4 c w 4 / us.n . O Q W �a: .. 3 iJ o H O z > a 2 a Z OD a O Q O W Z a u 0 W l9 W a" o ~ 2 '. N CL LL} E LyrT Packet Pg. 176 C.1.e „LOBBYING-AND CONFLICT_OF INTEREST CLAUSE_. N SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 W MONROE COUNTY, FLORIDA E 0 ETHICS CLAUSE 0 CDR M-agljire, c " (Company) 0 "...warrants that herit has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation 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 Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount 0 of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." y 0 0 0 (Signature) 0 0 Date: 7/26/19 STATE OF: CnIoradn 0 COUNTY OF: Boulder > 0 Subscribed and swum to (or affirmed) before me on 7/26119 o (date) by Andre Quart (name of affiant). He/She is personally known to me or has produced Drivers License (type of 0 identification) as identification. 2 0 0 RY PUBLIC AUSA Atal WIl.l;AW 0 0,TA KY Pi181.1C My Commission Expires: 12-12 21 STATE QF 60WRADO 140 TARY fD 2G174Q50W MY co»ISStoN EXPIRES DtCEWER 12.2021 0 0 Packet Pg. 177 C.1.e cv NON-COLLUSION AFFIDAVIT 1, Andre D art of the city o€ Boulder according to law on my oath, and under penalty of perjury, depose and say that L. CL 1. I am Sr.-Vice President I President. Emergency Management Division of the firm of CDR Maguire, Inc. the bidder.making the Proposal for the project described in the Request for Proposals for FEMA Program Consulting Services-Monroe County. FL 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, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have c not been knowingly disclosed by the bidder and will not knowingly be disclosed bythe y bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 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 contracts for said project. (Signature) Date: 712611 S STATE OF: c COUNTY OF: Boulder 2 Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced Drivers License (type of identification) as identification. rx AUSAANt'1wI:.LMS NOTARY PUBLIC NOTARY PUBLIC VATE OF COLORAW My Commission Expires: 12-12-21 NO iARY 1D 24174ON9Q6 W COMN,MION EXP RE$DEWABER 1Z 2021 1 41 Packet Pg. 178 C.1.e DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: W CDR Maguire, Inc. (Name of Business) CL 0 1. 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 that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' 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 employee will 0 abide by the terms of the statement and will notify the employer of any conviction of, or plea y of guilty or nolo contenderre 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 the person authorized to sign the statement, I certify that this firm co lies f y wit above requirements. (Signature) I, Date: 7/26119 STATE OF: Colorado 0 COUNTY OF: Boulder 0 Subscribed and swam to (or affirmed) before me on 7/26/19 (date} by _&dre Duart (name of affiant). He/She is personally known to 0 me or has produced Drivers License (type of identification) as identification. AUSA K", WUMS NOTARY PUBLIC NOTARY IPUBUC My Commission Expires: 12/12/21 STATE OF COLoRADca NOTARY W 2DI7405iJ90G � MY COWISSION EXPMS DECI`'MBER 12,20i21 42 Packet Pg. 179 C.1.e PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for W public entity crime may not submitla bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a pubiic 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 CL 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, for CATEGORY TWO for a period of 36 months to the date of being placed on the convicted vendor list" I have read the above and state that neither CDR Maguire, Inc. c (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. LU (Signature) Date: 7126119 STATE OF: Colorado COUNTY OF: Boulder > W Subscribed and sworn to(or affirmed) before me on (date) by CDR Maguire,Inc. (name of affiant). Me1She is personally known to me or has produced Drivers License (type of identification) as identification. AUSA MN VMLMS r►orAITIV PUBM NOTARY PUBLIC STATE of COLORADO iHWARY ID20IT4051l9Q6 My Commission Expires: 12-12-21 y W COMMIWON EXPR S DECEWER 1Z 2Q21 n c 6 4 Packet Pg. 180 C.1.e Respondent's Insurance and Indemnification Statement Insurance Reouire Reguired Limits 0 Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $5,000,000 Combined Single Limit 0 Vehicle Liability $5,000,000 Combines! Single Limit per Occurrence/$5,000,000 Aggregate Ch s E IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS W 0 The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, y its commissioners, officers,employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, ow and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier,their officers, employees, servants or agents. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that bONTRACTOR shall hold the County harmless and sh61f indemnify it from all losses � occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10A0) of remuneration paid to the CONTRACTOR is consideration 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 this agreement. 0 This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT c I understand the insurance that will be mandatory if awarded the yontract and will comply in full with all the requirements. CDR Maguire, Ina Respondent _ Signature 44 Packet Pg. 181 C.1.e cv r9 CD r. Minority Owned Business Declaration CL CDR Maguire, Inc, a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) 0 0 is a minority business enterprise,as defined in Section 288.703, Florida Statutes or I �X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see 0 below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least y 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or 0 gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial 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 of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or Iiving unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or An fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall incline both personal and business investments. Contractor may refer to F.S.288.703 for more information. Contractor Sub-Recipient: Monroe County c Signature Signature 0 Print Name: Andre Duart Printed Name: Title: President of EM I Sr.VP Title/OMB Department: Verified via: https:/Iosd.dms.myflorida.com/directories 0 Address: PO BOX 771750 DEM Contract: Z0002 City/State/Zip: Miami,FL 33177 E Date:08.26.2019 FEMA Project Number: c Packet Pg. 182 C.1.e o�® CERTIFICATE OF LIABILITY INSURANCE �;, D1°srr' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS r CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES CV 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(fes)must have ADDITIONAL INSURED provisions or be endorsed. W 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 CONT NAMEAlliant Insurance Services, Inc PHONEC Bobbl Redman FW( 1200 Brickell Avenue,Suite 1800 (AIC.L Miami FL 92101 • bobbi.redman alliant.com O INSURER AFFORDING COVERAGE NAIC A INSURER A.Barkley Assurance Company 39462 INSURED INSURERI3;First Liberty Insurance CO oration 33588 CDR Maguire, Inc.PO Box 771750 INSURERC:Liberty Insurance Corporation 4.2404 Miami,FL 33177 INSURER D.Libegy,Mutual Fire Ins.Co. 23035 O INSURER E 1NSURER F COVERAGES CERTIFICATE NUMBER:646104637 REVISION NUMBER: THIS IS TO CERTIFY THAT THE P041CIES 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. O INSR TYPE OF NSURAHCE O! SIBR POLICY EFF POLICY EXP LTRPOLICY NUMBER MIDDfYYYYI, (MMMDNYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y TBBZ51-292191-029 3I M019 3/1/2020 EACH OCCURRENCE 31,000.000 (0) CLAIMS MADE a OCCUR EMISr s 300 000 MED ESOP LAM one person) S 10 000 PERSONAL&ADV INJURY $1,000,000 GEN1-AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S Z000,000 0) POLICY(�fl J 7-1 LOC PRODUCTS-COMPIOP AGG S 2,000 000 W OTHER S B AUTOMOBILE LIABILITY Y Y ASS-Z51-292191-039 311/2019 311/2020 C MBIN DSING LIMIT g1,000,000 Ix ANY AUTO BODILY INJURY(Per person) S >OWNED SCHEDULEDAUTOS ONLYN AUTOS BODILY INJURY(Per accident) SHIRED NON-0WNED PROPERTYDAMAGE AUTOS ONLYAUTOS ONLY s S $ 0) U7 C X uMeREtu LIAR X OCCUR Y Y TH7 Z51-292191-059 3/112019 W112020 EACH OCCURRENCE S S,D00.000 > EXCESS LiAB CLAIMS•MADE AGGREGATE $5.000.000 _ DED RETENTION S i S ¢ D WORKERS COMPENSATION Y WC2-Z51-292191-019 3/1/2019 3/112020 X ,F AND EMPLOYERS'LIABILITY Y I NSTATUTE 0) ANYPROPRIETORIPARTNERIE%ECUTIYE N E.L-EACH ACCIDENT S 1,000,1100 OFFICERNMEMBERExCLUDED4 NIA W (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000 000 ng Ilyyaass deacION n un OF OPERATSONS Detour rCD D E.L.DISEASE-POLICY LIMIT 31,000,000 E A Professional Wbility PCAB-5008100-0319 3/1/2019 3/112020 Each Claim $1.000,000 ut m U PcOabiFty Aoeregale $2,000,000 O SHIRR $160.000 U DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additimal Remarks Schedule,may be attached H more space Is required) N Monroe County FEMA Program Consulting Services Umbrella Is excess of General Liability and Auto Liability. OO Certificate Holder is additional insured. AP GEMS 13V 1 DA c CERTIFICATE HOLDER CANCELLATION 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0)THE: EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street m Key West FL 3304D AUTHORIZED REPRESETITATIVE r 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 183 C.1 e NOTICE OF CANCELLATION TO THIRD PARTIES N r9 A. If we cancel this policy for any reason other than nonpayment of premium,we will notify the persons or W organizations shown in the Schedule below.We will send notice to the email or mailing address listed below at E least 10 days,or the number of days listed below,if any,before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. CL B. This advance notification of a pending cancellation of coverage is intended as a courtesy only.Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the , policy. Schedule Name Email Address or mailing address: Number Days Notice: Where required by contract 60 0 0 c� o All other terms and conditions of this policy remain unchanged. o 2 0 Issued by Uberty Mutual Fire Ins.Co. For attachment to Policy No. WC2-Z51-292191-018 Effective Date 3/1/2018 Premium S Issued to CDR Maguire,Inc. 6 WM 90 180611 ®2011,Liberty Mutual Group.All Rights Reserved. Page 1 of 1 W Ed.ONlY2011 ni Packet Pg. 184 C.1.e Policy Number TB6-Z51-292191-028 Issued by First Liberty Insurance Corporation r9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. W NOTICE OF CANCELLATION TO THIRD PARTIES 0 This endorsement modifies insurance provided under the following: CL BUSINESS AUTO COVERAGE PART °— MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART v, 0 Schedule Name of Other Person(s)1 Email Address or mailing address: Number Days Notice: Or anization s Where required by contract 60 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. 2 0 0 LIM 99 0105 11 ®2011 Liberty Mutual Group of Companies.All rights reserved. Page i of 1 E Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Packet Pg. 185 C.1.e Policy Number AS6-Z51-292191-038 N Issued by First Liberty insurance Corporation ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. W NOTICE OF CANCELLATION TO THIRD PARTIES 0 This endorsement modifies insurance provided under the following: CL BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART I v, 0 Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Or anization s : Where required by contract 6o A. if we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or 0) organizations shown in the Schedule above. We will send notice to the email or mailing address listed above 9 at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to E provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. 0 0 6 LIM 99 01 0511 ©2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 E Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Packet Pg. 186 C.1.e cv r9 r. m CD CL 0 m 0 Ch m 0 cn cn 0 0 0 0 EXHIBIT E 0) 2 2 cn c 0 6 Packet Pg. 187 C.1.e TASK ORDER NO.6 (FMA2016-013/HAZARD MITIGATION-DEMO/RECONSTRUCTION OF Z RESIDENCES) FEMA PROGRAM CONSULTING SERVICES BETWEEN MONROE COUNTY AND CDR MAGUIRE,INC. c? FOR HURRICANE DISASTER RECOVERYcu W In accordance with the contract for FEMA Program Consulting Services made and entered into on the 51 CD day of September 2019,by and between Monroe County hereinafter referred to as the"County"and CDR Maguire,Inc.hereinafter referred to as"Consultant". Ail terms and conditions of the referenced Contract for FEMA Program Consulting Services apply to the Task Order, unless the Task Order modifies an Article of the Contract of which will be specifically referenced in this Task Order and the modification shall be precisely described. 0 0 1. CDR Maguire, Inc. is tasked with providing grant management services necessary for the successful Implementation and completion of hazard mitigation activities. The project is Intended to eliminate or significantly reduce future flood risk through mltlgation LU reconstruction. The project includes the demolition of two (2) residential structures to construct two(2)new elevated residential structures. 0 Work will include general work items related to the County's Hazard Mitigation efforts that y include,but not limited to: • Assist with the development of the"Memorandum of Understanding and Agreement for Monroe County and the Homeowner(Agreement)". • Review the agreement with the homeowner and answer questions from the homeowner and contractor about the agreement requirements throughout the project. • Support the homeowner with permits,schedules,projects final inspections,closeout,and audits. • Attend the preconstruction conference between the contractor and homeowner. • Maintain a project progress report and file including the Notice to Procced, contractor A information,URA form and other State of Florida and FEMA forms. • Manage the project costs with the homeowner.Educating the homeowner on the budget, the allowable costs and documents required for the reimbursements. E • Coordinate with the homeowner and County staff on costs overrun. • Prepare all request for reimbursement forms and invoices to be submitted to the Florida Division of Emergency Management. 0 • Assist the County in meeting deadlines imposed by FEMA and the State of Florida for documentation,quarterly reports,completion of work,requests for reimbursement,etc. y • Assist with on-site final inspection. 0 • Assist with development and ongoing activities with a team of County employees to a manage the project • Help with preparation of correspondence to State of Florida and FEMA when required. • Review of current County policies and assistance with development and documentation of new County policies to ensure compliance with FEMA and State of Florida requirements and guidelines. E • Other related activities as requested by the County. Page 1 of 5 Packet Pg. 188 C.1.e 2. The task above shall be performed in accordance with 2.1 of the contract for FEMA Program Consulting Services. 3. The costs for Consultant's services set forth in this Task Order shall not execeed $12,340.00 for Services related to FMA2016-013/Hazard Mitigation-Demo/Reconstruction of two (2) CL Residences based upon the pricing as set forth in the Attachment A-Scope of Work and Pricing to the Agreement dated September 5, 2019 and in accordance with the grant agreement FMA2016-013 attached as Exhibit A. CDR MAGUIRE,INC. FMA2016-013/Hazard Mitigation 0 MASTER STAFFING PLAN Demo/Reconstruction of 2 Residences . Estimated On Off Site Rate N Monroe •unty Hours Amount E 0 Publicppo Hazard Mitigation Specialist $175 $135 60 $ 20,500.00 Data Analyst $140 $100 $ - Admin $40 $40 46 $ 1,840.00 Estimated Task 0 Order Totals 106 $ 12,340.00 Estimated Budget $12,34Q.IiR! > NOT TO-EXCEED t2 340.1 c� 4. Article IX-Miscellaneous,Section 9.29 shall be revised to add new federal regulations(2 CFR o §200.216 and 2 CFR§200.322 and FEMA contract language as set forth below: m Prohibition on certain telecommunications and video surveillance services or eaulnment as set forth in 2 0 CFR§200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1)Procure or obtain;(2)Extend or renew a contract to procure or obtain;or(3)Enter into a contract(or extend or renew a contract)to procure or obtain equipment, c 0 services,or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system.As described in Public Law 115-232,section 889,covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company orZTE Corporation(or any subsidiary or affiliate of such entities). (1)For the purpose of public safety,security of government facilities,physical security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by"era Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities). a, (ii)Telecommunications orvideo surveillance services provided by such entities or using such equipment. Page 2 of 5 Packet Pg. 189 C.1.e (ill)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director of the National Intelligence or the W Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by,or otherwise connected to,the government of a covered foreign country. CD Domestic oreference for Procurements as set forth In 2 CFR 4200.322 The COUNTY and CONSULTANT CL should,to the great extent practicable,provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States(including but not limited to!ran, aluminum,steel,cement,and other manufactured products).These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award.For purposes of this section: (1)"Produced in the United States" means,for Iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States. (2)"Manufactured products*means items and construction materials composed in whole or in part of � non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride c pipe;aggregates such as concrete;glass,including optical fiber,and lumber. Compliance with Federal Law Re ulations and Executive Orders.This Is an acknowledgement that FEMA financial assistance may be used to fund the contract.The contractor will comply will all applicable federal law,regulations,executive orders, FEMA policies,procedures,and directives. No Obligltion by Federal Government.The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity,contractor,or any other party pertaining to any matter resulting from the contract. > W Program Fraud and False or Fraudulent Statements or Related Acts. If applicable,the contractor acknowledges that 31 U.S.C.Chap.38(Administrative Remedies for False Claims and Statements) An applies to the contractor's actions pertaining to this contract. 5. This Task Order shall be effective as of March 17, 2021 and shall remain in effect until such services are no longer required or in accordance with 9.5 of the contract. 0 0 0 6 Page 3 of 5 Packet Pg. 190 C.1.e N r9 r. IN WITNESS WHEREOF,each party caused the Task Order to be executed by its duty authorized representative. o 0 (Seal) CL Attest: CDR MAGI?IRE,INC. ' By: By. 0 Chief Operating Officer �, `� f� aTit �► Title Date:03/08/2021 f BOARD OF COUNTY COMMISSIONERS IN MADOK,Clerk OF MONROE COUNTY,FLORIDA m o By: a As Deputy Clerk Mayor/Chairman MONR4EC0WWY ATTORNEY 0) !TR DAS79 CIWSPBtE DATE 0) 2 CD co 0 — N 0) Page 4 of 5 Packet Pg. 191 C.1.e EXHIBIT A `V cn m 0 CL 0 0 Ch 0 0 cn cn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cn c 0 0 0 6 0 0 Page 5 of 5 Packet Pg. 192 C.1.e cv r9 r. Attachment A Scope of Work and Budget 0 CL tat Revision Homeowner: Elzbieta Krysztofiak Property Address: 1512 Duncombe Street, Key West, Florida 33040 0 0 Homeowner: Elzbieta Kryszlofiak Property Address: 1514 Duncombe Street, Key West, Florida 33040 STATEMI`NIT of PURPOSE E 0 The purpose of this Scope of Work(SOW)is mitigation reconstruction of two residential properties y located in Key West, Florida 33040; funded through the Flood Mitigation Assistance Grant 0 Program (FMA) FMA-PJ-04-FL-2016-013 as approved by the Florida Division of Emergency Management(Division) and the Federal Emergency Management Agency (FEMA). 0 The Sub-Recipient, Monroe County, agrees to administer and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. o The Sub-Recipient shall complete the work in accordance with all applicable Federal, State and Local haws, Regulations and Codes. PROJECT OVERVIEW: W c� As a Flood Mitigation Assistance Grant Program (FMA) project, the Sub-Recipient proposes to demolish the two residential structures and to construct new elevated structures having the first -- floor elevation at least 2.$ feet above the Base Flood Elevation (BFE) in compliance with local ordinances_The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. The new elevated structure should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting o requirements. The areas below the lowest floor must be used solely for parking of vehicles, building access or storage. y TASKS&DELIVERABLES: A) Tasks 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. o 3 Packet Pg. 193 C.1.e cv The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. 0 0 The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure CL worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. 0 The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement Lu process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. 0 The Sub-Recipient shall provide an executed"Debarment, Suspension, Ineligibility, Voluntary y Exclusion Form" for each contractor and/or subcontractor performing services under this 0 agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to W perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub-Recipient shall monitor and manage the demolition and construction of each property subjected to or in danger of repetitive damage. The project shall be implemented in > accordance with the approved scope of work previously presented to the Division by the Sub- W Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. E The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. p The Sub-Recipient shall fully perform the approved project, as described in the submitted 2 documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub-Recipient shall not 0 deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by a qualified engineer. The Sub-Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in 4 Packet Pg. 194 C.1.e accordance with the manufacturer's specifications. Any deficiencies found during this final `V inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and c scope of work changes, if any. Additional documentation for closeout shall include: CL a) A copy of the Local Building Official Inspection Report and Final Approval, as applicable. b) A copy of the Certificate of Occupancy issued by the local authority. LM c) A copy of Elevation Certificate before mitigation, if available. 0 d) A copy of the Elevation Certificate after mitigation. _° e) As-built drawings showing that the square footage of the newly constructed and elevated structure does not exceed 10 percent of the original square footage. Lu Ch f) All Product Specifications/Data Sheets(s) (technical standards) satisfying protect 0) requirements on all products utilized, as applicable. e g) Signed notices from the affected property owner in the SFHA that the Sub-Recipient will y record a Deed Notice applicable to their property, as described in section (h), below, and that they will maintain flood insurance_ > h) Confirmation that the Sub-Recipient (or property owner) has legally recorded with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book/page reference to record of current title, if readily W available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property, pursuant to 42 U.S.C. §5954a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The property owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and City/County Ordinances." (i) Verification that the property located within a SFHA is covered by an NFIP flood insurance policy to the amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less. c (j) Letter verifying that unusable equipment, debris, and materials were disposed of in an approved manner and location. The letter shall also include if any significant items (or evidence thereof)were discovered during implementation of the project, and that the Sub- 0 recipient handled, managed, and disposed of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. (k) Letter verifying if any asbestos containing material, lead-based paint, or other toxic materials were found during construction activities, and that the Sub-recipient complied with all federal, state, and local abatement and disposal requirements. Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials shall be provided, if applicable. 5 � Packet Pg. 195 C.1.e (1) Proof of compliance with Project Requirements and Conditions contained herein. `V r9 3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shalt be submitted to support E all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in CL completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each reimbursement request attesting to the completion of the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. — The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source E documentation which may include but not be limited to: cancelled checks, bank statements, o Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of -- information. Further,the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. 0 Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly reports shall be submitted by 2 the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. o The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application. The requests for reimbursement shall include: 0 a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; 6 Packet Pg. 196 C.1.e c) Clear identification of amount of costs being requested for reimbursement as well as costs `V being applied against the local match amount; �? The Sub-Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. o CL B) Deliverables - Mitigation activities for this project consists of demolishing two existing residential structures _ located in Key West, Florida 33040, to construct new elevated structures having the first floor elevation at least 2.8 feet above the Base Flood Elevation (BFE) in compliance with local ordinances. The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. LU The new elevated structures should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting Ch 0) requirements_ The areas below the lowest floor must be used solely for parking of vehicles, o building access or storage. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: A) Engineering 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Certificate of Occupancy issued by the local authority and/or a copy of the local official Inspection Report and/or Final approval; as applicable. 3) The Sub-Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, if available. 4) The Sub-Recipient shall submit a copy of Elevation Certificate prepared after mitigation. o 5) The Sub-Recipient shall provide as-built drawings showing that the square footage of the newly constructed and elevated structure does not exceed 10 percent of the original square footage. 6) The Sub-Recipient shall submit all Product Specifications/Data Sheet(s)(technical standards) satisfying protect requirements on all products utilized. 7) All installations shall be done in strict compliance with the Florida Building Code or any local codes and ordinances.All materials shall be certified to exceed the wind and impact standards of the current local codes. 7 Packet Pg. 197 C.1.e 8) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and n' requirements, and obtain (before starting project work) and comply with all required permits "? and approvals. Failure to obtain all appropriate Federal, State, and Local permits and W clearances may jeopardize federal funding. 0 B) Environmental: CL 1) Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion(CATER),then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require resubmission to the Division and FEMA E for National Environmental Protection Act(NEPA) re-evaluation before starting project work. o 3) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American,early European, or American settlement are encountered at any time within the project site area,the project shall cease all activities involving subsurface > disturbance in the immediate vicinity of the discovery. The Sub-Recipient shall contact the , Florida Department of State, Division of Historical Resources, Compliance Review Section at : (850) 245-6333, and the Division's State Environmental Officer within 24 hours of the discovery. Project activities shall not resume without verbal and/or written authorization from the SHPO, the Division, and FEMA. In the event that unmarked human remains are encountered during permitted activities, all E work shall stop immediately and the proper authorities notified in accordance with Florida 2 Statutes, Section.872.05. 4) Unusable equipment, debris and material shall be disposed of in an approved manner and o location. In the event significant items (or evidence thereof) are discovered during 2 implementation of the project, Sub-recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the o satisfaction of the governing local, state, and federal agencies. Verification of compliance is required at project closeout. 5) If any asbestos containing material, lead-based paint,or other toxic materials are found during construction activities, the Sub-Recipient shall comply with all federal, state, and local abatement and disposal requirements. The Sub-Recipient shall provide Notice of Demolition o or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials.Verification of compliance is required at project closeout. 13 Packet Pg. 198 C.1.e cv r9 6) Construction vehicles and equipment used for this project shall be maintained in good working W order to minimize pollutant emissions. E 0 CL C) Programmatic: 1) The square footage of a resulting structure shall be no more than 10 percent greater than the finished living floor area of the original structure. The new construction shall not exceed the new finished living floor area for each property as provided below: a) 1512 Duncombe Street, Key West, 33040 - Current Area - 540 ft2, New Area <_ 594 ft2; and b) 1514 Duncombe Street, Key West, 33040-Current Area-443 f112, New Areas 487 ft2. 2) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or E favorable conditions allowing lower costs or earlier completion. o 3) Pursuant to 44 CFR 13(c), the Sub-Recipient shall obtain prior written approval from the Division and FEMA for any budget revision that would result in a need for additional funds to the overall project amount. Furthermore,the Sub-Recipient shall receive written approval from the Division for any budget revision of less than 10% in any given budget line item, as long as the overall amount of the funds obligated under this Agreement is not increased. 4) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work,to the Division a minimum of seventy(70)days prior to the expiration date,for Division processing to FEMA. 5) The Sub-Recipient must avoid duplication of benefits between the FMAP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 E CFR 206.191. FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award,the Division shall take one or more of the following actions, as appropriate in the circumstances: 2 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub- Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. o g � Packet Pg. 199 C.1.e BUDGET Funding Summary Federal Share: $222,697.81 (82.85681268%) Local Share: $461076.48 (17.143187320A o Total Project Cost $268,774.29 (100%) CL Line Item Budget Elzbieta Krysztoflak Local Share/ 1512 Duncombe Street Total Federal Share Homeowner Costs Ke West Florida 33040 Pro' ct Cost 90% 10% Pre-Award Costs $4,613.66 $4,152.29 $461.37 Construction Costs $108,540.28 $97,686.25 $10,854.03 Pre/Post Construction Costs $8,171.00 $7,353.90 $817.10 v, Tenant Displacement Costs $13,276.00 $11,948.40 $1,327.60 Grant Management Costs $6,499.38 $5,825.46 $673.92 0 TOTAL PROJECT COSTS: L $141,100,32 $126,966.30 $14,134.02 y 0 Elzbieta Krysztofiak Local Share/ 1514 Duncombe Street Total Federal Share Homeowner Costs Ke West Florida 33040 Pro t Cost 760% 25% Pre-Award Costs $4,613.65 $3,460.24 $1,153.41 Construction Costs $97,947.32 $73,460.49 $24,486. 33 Pre/Post Construction Costs $7,374.00 $5,530.50 $1,843.50 Tenant Displacement Costs $11,879.00 $8,909.25 $2,969.75 , Grant Management Costs $5,860.001 $4,371.03 $1,488.97 TOTAL PROJECT COSTS: $127,673.97 $95,731.51 $31,942.46 *Any line item amount in these Budgets may be increased or decreased 10%or less with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. SCHEDULE OF WORK: State/Local Contract Process 2 Months Engineering/inspection 1 Months Permitting 1 Months Bids/Demolition/Construction 9 Months 1=inalInspection/Acceptance 1 Months Closeout 3 Months Total : 17 Months This is FEMA project number FMA-PJ-04-FL-2016-013, Monroe County Mitigation Reconstruction Project. The Period of Performance(POP) for this project shall end on August 30, 2021. 10 Packet Pg.200 A �® CERTIFICATE OF LIABILITY INSURANCE DATE( 02IV YY) lr2THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES rtl BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, cy IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. W If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement an this certificate does not confer ri hts to the certificate holder In lieu of such endorsements. E -PRODUCER ......... - ....... - ............. �., COW Alliant Insurance Services, Inc NAIVE: Peggy Ginem 1 FAX 0 1200 Brckell Avenue, Suite 1800 PHONE -F1ot. _ E-MAIL CL Miami FL 92101 ADDRESS: *M.9inem ailiantcam INSURI¢ .$)AFFORDING COVERAGE NAICM INSURER A;Bertdey Assurance Company 39462 INSURED INSURER B First Libe Insurance CO or 33588 CDR Maguire, Inc. PO Box 771750 INSURER C Liberty Insurance Corporation 42404 ......— Miami,FL 33177 INSURER D Lib Mutual Fire Insurance 23035 0 INSURER E: ... . .......... INSURER F COVERAGES CERTIFICATE NUMBER:1256499609 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 N CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 0 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR I ADDLSUBR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y TB6-Z511-292191-020 1.. 020 5N12021 EACH OCCURRENCE $1,000,000 y CLAIMS-MADE X y OCCUR DAMAGE O Approved Risk Manage ent PREMISES E RENTED n e S300,000 .........................„... MED EXP(Arty one Person) $10,000 ...................... ..a . PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE,,IMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 .v,:..�.'PRO- POLICY x J JECT �x, L 3-12-2021 PRODUCTS-COMPIOPAGO $2,000,000 O OTHER: $ e AUTOMOBILE LIABILITY Y Y AS&Z51-292191-030 3/1/2020 5/1/2021 COM NED o.1 SINGLE $1,000,000 X ANY AUTO BODILY INJURY BDDILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per acraderN $ $ 0 ff7 G X UMBRELLALIAB X OCCUR Y Y TH7-251-292191-M 3/1/2020 511/2021 EACH OCCURRENCE $5,000.000 EXCESS LIAR CMS-MADE AGGREGATE $5,000,000 _ DED RETENTION$ $ ¢° D WORKERS COMPENSATION ANDEMPLOYERS!LLIABILITY YIN Y WC2-Z51-292191-01D 3112020 5/1/2421 X STATUTE ERTH- 0 ANYPROPRIETORIPARTNERIEXECUTIVE E.t.EACH ACCIDENT $1,000,000 W OFFICERIMEMBEREXCLUDED7 N f'A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000.000 if as,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional LiabLity PCAB-501105M320 3/1/2020 5/1I2021 Each Claim $1„000,000 0 Pollution Uability Aggregate $2.000,000 0 s $150,000 0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule„may be attechad If more space is required) N Monroe County FEMA Program Consulting Services 0 Umbrella is excess of General Liability and Auto Liability. Certificate Holder is additional insured. 0 0 0 CERTIFICATE HOLDER CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Monroe County Board of County Comm=ssioners m 1100 Simonton Street AUTHORIZED REPRESENTAME Key West FL 33040 01988.201 S ACORD CORPORATION. All rights reserved ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.201 C.1.e cv r9 r. m CD CL 0 m 0 0 Ch m 0 cn cn 0 EXHIBIT F 0) 0 0 cn c 0 6 Packet Pg.202 C.1.e PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for E 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 (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. _ 0 (Signature) c Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) 0) by (name of affiant). He/She is personally 2 known to me or has produced (type of identification) as identification. 0 NOTARY PUBLIC (SEAL) My commission expires: c Packet Pg.203 C.1.e LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA 0 ETHICS CLAUSE CL 0 (Company) 0 warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation 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 o violation of this provision the County may, in its discretion, terminate this contract without liability 0 and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, y the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 0 0 0 (Signature) 0 Date: 0 0 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online 0 notarization, on (date) 2 by (name of affiant). He/She is personally 0 0 known to me or has produced (type of identification) as identification. 6 NOTARY PUBLIC o (SEAL) My commission expires: o Packet Pg.204 C.1.e DRUG-FREE WORKPLACE FORM cv The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: r. (Name of Business) 0 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, CL possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs 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. Gives each employee engaged in providing the commodities or contractual services that are under Lu proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working o on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo y 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. Imposes 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. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. c� As the person authorized to sign the statement, I certify that this firm complies fully with the above > requirements. Proposer's Signature E Date 0 c STATE OF: 2 COUNTY OF: c Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or❑ online notarization, on (date) by (name of affiant). 0 He/She is personally known to me or has produced (type of identification) as identification. o NOTARY PUBLIC (SEAL) My commission expires: c Packet Pg.205 C.1.e o cv r9 E Minority Owned Business Declaration CL a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in 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 enterprise"means any small business concern as defined in subsection(6)(see o below)which is organized to engage in commercial transactions, which 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 group resulting in an underrepresentation of commercial 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 of a profession. Ownership by a minority person does not include ownership which is 0. the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. RS 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or An fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships, the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. E Contractor Sub-Recipient: Monroe County 0 Signature Signature 2 Print Name: Printed Name: Title: Title/OMB Department: Verified via: https:llosd,dms.myflorida.comidirectories 0 Address: DEM Contract: City/State/Zip o Date: FEMA Project Number: Packet Pg.206 C.1.e cv Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion 0 L. CL Contractor Covered Transactions (1), The prospective contractor of the Recipient, , certifies, by submission of this document,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (21 Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: E 0 __e_ �a, ...m.m.m.m.........__.n.n..nn......w......____............._.___........__----- -- 0 SignatureRecipient's Name -- Name and Title Division Contract Number _..._ ..._.._.a... _ __. .m............. .m-___________ Street Address FEMA Project Number c� City, State, Zip w Date e s � 0 0 0 0 6 Packet Pg.207 C.1.e VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: 0 Vendor FEIN: CL Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number Email Address: 0 0 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or Lu 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 0 prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for y goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in 0 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. 0 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 Syria. c� I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may 0 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 have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in o 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. 0 c 0 Certified By: who is authorized y to sign on behalf of the above referenced company. 0 c 0 Authorized Signature:—_ Print Name: 0 Title: 0 Note:The List are available at the following Department of Management Services Site: http-,//www.dms.myflorida.com/business operations/state purchasing/vendor._ inform do /convicted suss ended iscri into comolaints vendor lists m c Packet Pg.208 C.1.e PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS ' Worker's Compensation Statutory Limits E Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liabilit y $1,000,000 Combined Single Limit (Owned, non-owned, and hired vehicles) y c If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Builder's Risk: Required; Coverage Equal to the ) Full Replacement Value The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless y from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of Packet Pg.209 C.1.e liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat. Sec. 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. 0 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or _ ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification LU provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. y 0 FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and a, 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 W misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this An paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) > Agency's sovereign immunity. 0) PROPOSER'S STATEMENT l understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. 2 0 PROPOSER Signature c Packet Pg.210 C.1.e WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR 1512/1514 DUNCOMBE STREET HOUSING DEMOLITION & ELEVATED REPLACEMENT STRUCTURE CONSTRUCTION BETWEEN MONROE COUNTY, FLORIDA AND 0 0 Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. y 0 In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: 0 $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits o $1,000,000 Bodily Injury by Disease, each employee 0 Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. o 0 If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. o If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. o In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 0 0 0 0 0 6 0 0 Packet Pg.211 C.1.e cv GENERAL LIABILITY "? INSURANCE REQUIREMENTS W FOR 1512/1514 DUNCOMBE STREET HOUSING DEMOLITION & ELEVATED REPLACEMENT o STRUCTURE CONSTRUCTION BETWEEN MONROE COUNTY, FLORIDA AND 0 Ch Prior to the commencement of work governed by this contract,the Contractor shall obtain General W Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, o as a minimum: 0 • Premises Operations 0 • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability o 0 The minimum limits acceptable shall be: 0 $1,000,000 Combined Single Limit 0 An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. o In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 2 0 0 0 6 0 0 Packet Pg.212 C.1.e cv BUSINESS AUTOMOBILE LIABILITY "? INSURANCE REQUIREMENTS W FOR 1512/1514 DUNCOMBE STREET HOUSING DEMOLITION & ELEVATED REPLACEMENT o STRUCTURE CONSTRUCTION 0. BETWEEN MONROE COUNTY, FLORIDA AND 0 0 Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be 0 maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles 0 0 The minimum limits acceptable shall be: 0 $1,000,000 Combined Single Limit (CSL) 0 If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person o $1,000,000 per Occurrence -� $100,000 Property Damage 0 The Monroe County Board of County Commissioners shall be named as Additional Insured on all -- policies issued to satisfy the above requirements. 0 0 0 0 0 0 0 6 0 0 Packet Pg.213 C.1.e cv r9 r. BUILDER'S RISK INSURANCE REQUIREMENTS FOR 1512/1514 DUNCOMBE STREET HOUSING DEMOLITION & ELEVATED REPLACEMENT STRUCTURE CONSTRUCTION BETWEEN MONROE COUNTY, FLORIDA AND 0 0 The Contractor is required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form. Coverage will include: 0 Theft Aircraft Hail Smoke Explosion Fire Riot Collapse Civil Commotion Vehicles 0 The policy limits will be no less than the amount of the Full Replacement Value of the completed structure and coverage will be provided on a Completed Value Basis. , 0 Property, materials, or supplies located on the construction premises, which are intended to become a permanent part of the building, will be included as property insured. The policy will be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The policy will be endorsed to include the Monroe County Board of County Commissioners as the Loss Payee. o 0 0 0 0 6 0 0 Packet Pg.214 C.1.e INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. 0 POLICY DEDUCTIBLES 0 0 0 0 Liability policies are Occurrence Claims Made 0 0 0 0 Insurance Agency Signature 0 0 0 0 0 0 0 0 0 0 6 0 0 Packet Pg.215