Item C17 C.17'
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
�1 `_ll Mayor Pro Tem CraigCates,District 1
The Florida Keys ��� `� � Michelle Coldiron,District 2
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
December 3, 2021
Agenda Item Number: C.17
Agenda Item Summary #9973
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527
N/A
AGENDA ITEM WORDING: Approval of Modification 4 2, extending the completion date of the
grant to May 31, 2022 and increasing the grant amount by $44,581.12, of a Hazard Mitigation Grant
Program (HMGP) agreement 4 4337-66-R with the Florida Department of Emergency Management
(FDEM) which provided design funding, in the amount of $960,652.33 for the Emergency
Operations Center(EOC) at the Marathon airport.
ITEM BACKGROUND: The Federal Emergency Management Agency (FEMA) approved an
HMGP grant application from Monroe County in April 2019 to design and construct an Emergency
Operations Center (EOC) constructed to FEMA P-361 standards (safe room). Florida Division of
Emergency Management (FDEM), as the responsible state agency for FEMA funding grants,
developed the proposed sub-grant agreement with Monroe County. This modification extends the
agreement duration until May 31, 2022, and increases the amount by $44,581.12 with the FDEM for
Design of the project.
PREVIOUS RELEVANT BOCC ACTION:
02/18/09 —BOCC approved a contract with ADG for the design through construction administration
of a new EOC in Marathon.
10/01/09 — BOCC approved a First Amendment to the contract with ADG to include information
technology needs to the design.
11/14/17 — BOCC ratified a Second Amendment to the contract with ADG to develop an updated
construction estimate with modifications to the design for a new site and slightly revised
scope.
09/19/18 — BOCC approved a state-funded grant agreement in the amount of $5,900.00 with the
Florida Division of Emergency Management for the purpose of planning, designing and
constructing a Monroe County Emergency Operations and Public Safety Center.
12/19/18 — BOCC approved a Public Transportation Grant Agreement with the Florida Department
of Transportation in the amount of $400,000 for the purpose of planning, designing and
constructing a FL Keys Marathon Airport Non-Aeronautical Use Building, to be
considered for use as the EOC.
03/21/19 — BOCC approved staff request to negotiate with ADG a professional services contract to
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C.17
provide design and construction administration services for the Monroe County EOC.
05/22/19 — BOCC Approved award of a contract to ADG to provide design and construction
administration services for the Monroe County EOC.
08/21/19 — BOCC approved a revised contract with ADG which changed the name of the EOC
building to "FL Keys Marathon Airport Non-Aeronautical Use Building" due to
requirements of Monroe County's acceptance of an FDOT grant agreement.
11/20/19 — BOCC approved the recommended site location for the EOC building at the southwest
corner of the Marathon Airport.
12/11/19—BOCC approved an HMGP Grant Agreement with FDEM to provide funding for the new
EOC
12/9/20— BOCC approval of Modification 41 extending the completion date of the grant.
CONTRACT/AGREEMENT CHANGES:
Extends completion date to 5/31/2022 and increases grant by $44,581.12
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
4337-066-R Mod 41 Monroe County Board of County Commissioners- Subrecipient Signature
4337-66-R CONTRACT 11-15-2019
12/11/2019 Agreement No. H0206
4337-66-R Mod 42 Monroe County Board of County Commissioners-Package for Subrecipient
Signature stamped
FINANCIAL IMPACT:
Effective Date: 1/14/2020
Expiration Date: 5/31/2022
Total Dollar Value of Contract: $960,652.33
Total Cost to County: TBD
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Legislative Grant (FDEM - 100% state funds), FDOT (50% Direct
Appropriations). FEMA HMGP (-25% Direct Appropriations; application approved by
FEMA, grant agreement pending approval by BOCC) (FDEM State Funds will be used for
County Match to HMGP & FDOT grants)
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: Yes
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Insurance Required: N/A
Additional Details:
The grant amount is increased by $44,581.12.
REVIEWED BY:
Cary Knight Completed 11/23/2021 7:50 AM
Kevin Wilson Completed 11/23/2021 8:42 AM
Cynthia Hall Completed 11/23/2021 8:46 AM
Purchasing Completed 11/23/2021 8:47 AM
Budget and Finance Completed 11/23/2021 11:36 AM
Maria Slavik Completed 11/23/2021 1:03 PM
Liz Yongue Completed 11/23/2021 1:15 PM
Board of County Commissioners Pending 12/08/2021 9:00 AM
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SUB-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
CL
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: Monroe County Board of County Commissioners
PROJECT#: 4337-066-R
PROJECT TITLE: Monroe County, FEMA 361 Emergency Operations Center, Safe Room-
Phase 1
CONTRACT#: H0206
MODIFICATION #: 1
SUB-RECIPIENT REPRESENTATIVE(POINT OF CONTACT)
Cary Knight U-
Director Department of Project Management
1100 Simonton Street, RM 2-216 B
Key West, Florida 33040 a
Enclosed is your copy of the proposed contract/modification between Monroe County Board of
County Commissioners and the Florida Division of Emergency Management (FDEM).
COMPLETE
❑ This form is required to be included with all Reviews, Approvals, and Submittal T
❑ Two (2) Copies printed for Approval
❑ Printed Single-sided (li',our,pollicy is-, to y iw -s0 d p/ease contact me and I Wriii
szend
❑ Reviewed and Approved
❑ Signed and Dated by Official Representative(blue ink)
❑ Copy of the organization's resolution or charter that specifically identifies the
person or position that is authorized to sign, if not Chairman, Mayor, Chief
❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) c
completed, signed, and dated (❑ N/A for Modifications)
❑ Two Signed and dated Originals mailed to FDEM -Tallahassee
Florida Division of Emergency Management c
ca
Mitigation Bureau— HMGP
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100 c
Attention—Grant Specialist—Kailyn Quirk; 315.02
If you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 692-9458 or email me at Carmen.Acosta@em.myflorida.com.
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Contract Number:H0206
Project Number:4337-066-R CL
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
This Modification Number 1 made and entered into by and between the State of Florida, �--
Division of Emergency Management ("the Division"), and Monroe County Board of County
Commissioners ("the Sub-Recipient") to modify Contract Number H0206, dated, January 14,
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 Hazard
Mitigation Grant Program of$916,071.21, in Federal Funds; and
WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and
WHEREAS, the Agreement expired on November 30, 2020; and
WHEREAS, the Division and the Sub-Recipient desire to reinstate and extend the terms
of the Agreement.
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U
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
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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:
(8) PERIOD OF AGREEMENT
This Agreement shall begin January 14, 2020 and shall end November 30, 2021,
unless terminated earlier in accordance with the provisions of Paragraph (17) of this
Agreement.
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3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as c
set forth in 1st Revision Attachment A to this Modification, a copy of which is attached
hereto and incorporated herein by reference.
4. 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.
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.
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6. 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 2
administrative close-out report. The ending dates for each quarter of the program year
CL
are March 31, June 30, September 30 and December 31.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
2
SUB-RECIPIENT: Monroe County Board of County Commissioners
By:
Name and Title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT y
By:
Name and Title: Jared Moskowitz, Director
c
Date:
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2
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0
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Attachment A
(1st Revision)
CL
Budget and Scope of Work
STATEMENT OF PURPOSE:
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The purpose of this Scope of Work is to provide a FEMA P-361 Standards safe room at a new
Emergency Operations Center(EOC) in Marathon, Monroe County, Florida, funded through the
Hazard Mitigation Grant Program (HMGP) DR-4337-066-R, as approved by the Florida Division
of Emergency Management (Division) and the Federal Emergency Management Agency
(FEMA).
The Sub-Recipient, Monroe County Board of County Commissioners, shall conduct Phase I —
Design of this project, which includes the engineering designs and calculations, surveys, )
permitting, and notices. No construction activities are approved at this time. The Sub-
Recipient shall complete the Phase I work in accordance with all applicable federal, state and
local laws, regulations and codes.
PROJECT OVERVIEW:
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As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes to construct a new
Emergency Operations Center to FEMA P-361 Standards located at 9000 Overseas Highway, c
Marathon, Florida, 33050. Coordinates (24.720930, -81.061713). v_
The scope is for Phase I only, which includes but is not limited to surveying, engineering,
design, plans preparation, permitting and bidding for the proposed project, for Phase 11
approval.
The design proposed for Phase 11 scope shall include construction of a new Emergency
Operations Center to FEMA P-361 Standards for Monroe County, designed to protect against
220 MPH or above wind speed in order to serve the first responders, emergency managers, c
and other disaster staff that must remain behind, in the event of a hurricane impacting
Monroe County. c
Wind protections shall be provided on any other opening such as vents, louvers and exhaust
fans. All installations shall be in strict compliance with the FEMA P-361 specifications, and
all materials shall be certified to meet wind and impact standards. The local municipal or
county building department shall inspect and certify installation according to the
manufacturer specifications.
The project shall provide protection to flood and wind against a 500-year event and the
generator shall be protected against wind with a rated enclosure based on its location
requirements. Activities shall be completed in strict compliance with Federal, State and c
Local Rules and Regulations.
TASKS &DELIVERABLES:
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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
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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 2
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 engineering designs to
be presented to the Division by the Sub-Recipient and subsequently approved by the
Division and FEMA.
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 contract price.
The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility,
Voluntary Exclusion Form" for each contractor and/or subcontractor performing services
under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division
by the Sub-Recipient.
c
The Sub-Recipient shall provide copies of professional licenses for contractors selected to v_
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 c
by the selected contractor.
2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in
accordance with the Hazard Mitigation Grant Program application and supporting
documentation as submitted to the Division and subsequently approved by the Division and
FEMA. The Division and FEMA shall render a Phase 11 determination upon completion of
the review of Phase I deliverables. No construction activities are approved at this time. The
Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations
are followed and documented, as appropriate.
Phase I consists of fees; for conducting survey, study, engineering, design, public notices,
and/or permitting associated with the design of a FEMA P-361 Standards structure.
Verification shall be necessary for determining project eligibility.
All Phase I work shall be completed in accordance with all applicable state, local and federal
laws and regulations and documented, as appropriate.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with c
sufficient supporting documentation, and provide a summary of all contract scope of work ,
and scope of work changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement.
b) Two sets of engineering Signed/Sealed final design and analysis, and surveying.
c) Construction Plans and bid documents.
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d) Revised cost estimate for Phase II -construction (include Phase I costs), to implement
the design project. 2
e) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection CL
requirements on all products utilized.
f) Color Aerial Maps.
g) Color photographs of the project area.
h) Letter from the Floodplain manager verifying the project is in compliance with local
floodplain ordinances/regulations.
i) Proof of compliance with Project Conditions and Requirements contained herein. -
j) Any other documentation requested by the Division, not limited to Project Conditions
and Requirements herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for -
reimbursement. Adequate and complete source documentation shall be submitted to
support all costs (federal share and local share) related to the project. In some cases, all
project activities may not be fully complete prior to requesting reimbursement of costs
incurred in completion of this scope of work; however, a partial reimbursement may be
requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel
with each reimbursement request attesting to the completion of the work, that
disbursements or payments were made in accordance with all agreement and regulatory N
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 c
invoices are accurate and any contracted services were rendered within the terms and
timelines of this agreement. All supporting documentation shall agree with the requested
billing period. All costs submitted for reimbursement shall contain adequate source
documentation which may include but not be limited to: cancelled checks, bank statements,
Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, c
contract and subcontract award documents.
c
The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by
subcontractors and pay subcontractors for approved bills, invoices, and/or charges. Sub-
Recipient shall ensure that all subcontractor bills, invoices, and/or charges are legitimate
and clearly identify the activities being performed and associated costs.
c
Project Management Expenses: The Sub-Recipient shall pre-audit source documentation
such as payroll records, project time sheets, attendance logs, etc. Documentation shall be
detailed information describing tasks performed, hours devoted to each task, and the hourly
rate charged for each hour including enough information to calculate the hourly rates based
on payroll records. Employee benefits shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of
information. Further, the Division shall ensure that no unauthorized work was completed
prior to the approved project start date by verifying vendor and contractor invoices. The
Division shall verify that reported costs were incurred in the performance of eligible work,
that the approved work was completed, and that the mitigation measures are in compliance
with the approved scope of work prior to processing any requests for reimbursement.
Review and approval of any third party in-kind services, if applicable, shall be conducted by
the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted
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by the Sub-Recipient and received by the Division at the times provided in this agreement
prior to the processing of any reimbursement. 2
The Sub-Recipient shall submit to the Division requests for reimbursement of actual Phase CL
I costs related to the project as identified in the project application and this scope of work.
The Requests for Reimbursement (RFR) shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of
services performed, description of services performed, location of services performed, c
cost of services performed, name of service provider and any other pertinent
information;
b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor
for invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as
costs being applied against the local match amount.
The Sub-Recipient's Request for Reimbursement shall include the final Phase I project cost.
Supporting documentation shall show that all contractors and subcontractors have been
paid.
B) Deliverables:
Mitigation Activities consist of Phase I activities,which include engineering, designing, plans
preparation, permitting and bidding for the proposed project, for Phase 11 approval, to
implement measures to construct a new Emergency Operations Center, to FEMA P-361 N
Standards, located at 9000 Overseas Highway, Marathon, Florida, 33050. -
Wind protections shall be provided on any other opening such as vents, louvers and exhaust c
fans. All installations shall be in strict compliance with the FEMA-361 specifications, and
all materials shall be certified to meet wind and impact standards. Protection shall be
designed to withstand a wind speed of 220 MPH.
The structure shall be hardened to meet FEMA P-361 requirements. Protection shall be
provided on all exterior openings, such as skylights, vents, louvers and exhaust fans on
building(s).
Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction
of new or retrofitted window or door coverings must conform to design drawings that are
signed, sealed, and inspected by a structural engineer who is registered in this state.
The Sub-Recipient shall provide an inspection report and attestation or a copy of the
signed and sealed plans to the Division before payment will be made.
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:
C) Engineering:
1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to
complete the project. Wind protection shall be provided on any opening such as vents,
louvers, and exhaust fans. All installation shall be in strict compliance with the FEMA P-
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361 specifications, and all proposed materials shall be certified to meet wind and impact
standards. 2
2) Design documents shall provide a detailed description that includes specifics on project CL
scope of work, depth and extent of ground disturbance at all construction locations of the
project.
3) Submit a refined cost estimate, to include Phase I Fees and Phase II Construction Materials
and Labor.
4) This project shall be designed by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency guidance manual FEMA
361-Design and Construction for Hurricane Safe Room, to provide "near absolute W
protection". It is further understood and agreed by the Division and the Sub-Recipient that
the level of wind protection provided by the mitigation ensures the safety or survival of
building occupants.
D) Environmental:
1) Any conditions for compliance shall be included in the final design plans, narrative and
project implementation actions.
2) 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 I
and approvals. Failure to obtain all appropriate federal, state, and local environmental
permits and clearances may jeopardize federal funding. If project is delayed for a year or
more after the date of the categorical exclusion (CATEX), then coordination with and project N
review by regulatory agencies must be redone.
3) Any change, addition or supplement to the approved mitigation measure or scope of work c
that alters the project (including other work not funded by FEMA, but done substantially at
the same time) shall require resubmission to the Division and FEMA for revaluation of
compliance with the National Environmental Protection Act (NEPA) and Section 106 of the c
National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance
with these requirements may jeopardize FEMA's ability to fund this project. A change in
the scope of work shall be approved by the Division and FEMA in advance regardless of
the budget implications. CO
4) Acceptance of Federal funding requires Sub-Recipient to comply with all Federal, State and
Local Laws. Failure to obtain all appropriate Federal, State and Local Environmental
Permits and clearances may jeopardize federal funding.
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5) Phase I of this project is approved with the condition that the above list of deliverables shall
be submitted for review and approval by the Division and FEMA before Phase II is
considered.
6) No construction work may begin until Phase II is approved by the Division and FEMA. c
E) Programmatic:
1) The Sub-Recipient must notify the Division as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion, or
favorable conditions allowing lower costs or earlier completion.
2) The Sub-Recipient must "obtain prior written approval for any budget revision which would E
result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
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3) The Division and FEMA shall approve a change in the scope of work in advance, regardless
of the impact to the budget.
4) Project is approved with the condition that the enclosed list of deliverables shall be CL
submitted 30 days prior to the Period of Performance date, for review and approval by the
Division, for submittal to FEMA for closeout.
5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to
the expiration date. Therefore, any request for a Period of Performance Extension shall be c
in writing and submitted, along with substantiation of new expiration date and a new
schedule of work, to the Division, a minimum of seventy (70) days prior to the expiration
date, for Division processing to FEMA.
6) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other
form of assistance, as required by Section 312 of the Stafford Act, and further clarification
in 44 CFR 206.191.
7) A copy of the executed subcontract agreement must be forwarded to the Division within 10
days of execution.
8) This project shall be designed by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency guidance manual FEMA
361-Design and Construction for Community Safe Room, to provide "near absolute
protection". It is further understood and agreed by the Division and the Sub-Recipient that
the level of wind protection provided by the mitigation ensures the safety or survival of
building occupants. 2
This is FEMA project number 4337-066-R. It is funded under HMGP, FEMA-4337-DR-FL and
must adhere to all program guidelines established for the HMGP in accordance with the PAS c
Operational Agreement for Disaster 4337.
FEMA awarded this project on April 26, 2019; with a Pre-Award date of January 23, 2018; this
Agreement was executed on January 14, 2020; and the Period of Performance for this project
shall end on November 30, 2021. c
F) 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;
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.
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SCHEDULE OF WORK N
State/ Local Contracting: 9 Months
Engineering Design Specifications: 15 Months
Permitting: 4 Months
Final Deliverables for submittal: 3 Months
Total Period of Performance: 31 Months >
BUDGET
Line Item Budget*
Project Cost Federal Share Non-Federal Share
Materials: $0.00 $0.00 $0.00
Labor: $0.00 $0.00 $0.00
Fees: $2,211,835.00 $911,845.57 $1,299,989.43
Pre-Award: $10,250.00 $4,225.64 $6,024.36
Initial Agreement
Amount: $2,222,085.00 $916,071.21 $1,306,013.79
***Contingency Funds: $0.00 $0.00 $0.00 9
Project Total: $2,222,085.00 $916,071.21 $1,306,013.79
*Any line item amount in this Budget may be increased or decreased 10% or less, with the c
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.
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This project has a Pre-Award, approved by FEMA in the amount of$10,250.00 project costs
with a start date of January 23, 2018. c
***This project has an estimated$0.00 in contingency funds. Per FEMA Hazard Mitigation c
Assistance Guidance Part Vl, D.3.4 — Contingency funds are not automatically available for
use. Prior to their release, contingency funds must be re-budgeted to another direct cost
category and identified. Post-award changes to the budget require prior written approval from
the Division (FDEM). The written request should demonstrate what unforeseen condition
related to the project arose that required the use of contingency funds.
0
Project Management costs are included for this project in the amount of$37,500.00
Funding Summary c
Federal Share: $916,071.21 (41.22575014%)
Non-Federal Share: $1,306,013.79 (58.77424986%)
Total Project Cost: $2,222,085.00 (100.00%)
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C.17.b
SUB—RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
U
REQUEST FOR REVIEW AND APPROVAL m
SUB-RECIPIENT: Monroe County Board of County Commissioners
PROJECT#: 4337-66-R
PROJECT TITLE: EOC-Safe Room, Phase
CONTRACT#: H0206
MODIFICATION#: N/A
cv
SUB—RECIPIENT REPRESENTATIVE(POINT OF CONTACT)
Mr. Cary Knight
Enclosed is your copy of the proposed contract/modification between Monroe County Board of
County Commissioners and the Florida Division of Emergency Management (FDEM).
COMPLETE
❑ This form is required to be included with all Reviews, Approvals, and Submittal a
❑ Two (2) Copies printed for Approval
❑ Printed Single-sided (II your,polli y is-, to copy=two-sided p1lease contact me and I wriii
Send you two or�qinalf one-sided copiesfdr signature),
❑ Reviewed and Approved CL
❑ Signed and Dated by Official Representative(blue ink)
❑ Copy of the organization's resolution or charter that specifically identifies the
person or position that is authorized to sign, if not Chairman, Mayor, Chief
❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA)
completed, signed, and dated (❑ N/A for Modifications) >
❑ Two Signed and dated Originals mailed to FDEM Tallahassee 2
Florida Division of Emergency Management
Mitigation Bureau— HMGP W
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attention —Grant Specialist—Maleather Y. Ash LO
If you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 815-4571 or email me at mike.lalbachan@em.myflorida.com.
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C.17.b
Agreement Number: H0206
Project Number: 4337-066-R
�i
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT m
2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement,
including an agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non-Federal entity that provides a
subaward to a Sub-Recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.93, "Sub-Recipient" means "a non-Federal entity that receives a
subaward from a pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non-
Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a E
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1):
Monroe County Board of County
Sub-Recipient's name: Commissioners
Sub-Recipient's unique entity identifier: 56-6000749
Federal Award Identification Number(FAIN): FEMA-DR-4337-FL >
0
Federal Award Date: April 26, 2019
January 23, 2018 thru November 30,
Subaward Period of Performance Start and End Date: 2020
Amount of Federal Funds Obligated by this Agreement: $916,071.21
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Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $916,071.21
Total Amount of the Federal Award committed to the Sub- h®
Recipient by the pass-through entity $916,071.21
Federal award project description (see FFATA): EOC-Safe Room, Phase I
Name of Federal awarding agency: Federal Emergency Management Agency
Name of pass-through entity: FL Division of Emergency Management
Contact information for the pass-through entity: Mike.Lalbachan@em.myflorida.com
Catalog of Federal Domestic Assistance (CFDA) Number and
Name: 97.039 Hazard Mitigation Grant Program
Whether the award is R&D: N/A
Indirect cost rate for the Federal award: N/A
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C.17.b
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County
U
Board of County Commissioners, (hereinafter referred to as the "Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal m
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
0
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state CL
assistance", applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part c
76
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
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the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed h®
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.
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iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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Packet Pg. 1183
C.17.b
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by m
all applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
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a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and c
shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests E
payment.
b. The Division's Grant Manager for this Agreement is:
Mr. Mike Lalbachan, Project Manager
Division of Emergency Management CL
2702 Directors Row
Orlando, Florida 32809-5631
Telephone: 850-815-4571 c
Email: Mike.Lalbachana-em.myflorida.com
c
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
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Mr. Cary Knight, Director
Department of Project Management
1100 Simonton Street, Room 2-216
Key West, Florida 33040
Telephone: 305-292-4527
Email: knight-cary@monroecounty-fl.gov ,
d. In the event that different representatives or addresses are designated by either party
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after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
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C.17.b
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
m
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(7) SCOPE OF WORK
The Sub-Recipient shall perform the work in accordance with the Budget and Scope of
Work, Attachment A of this Agreement.
(8) PERIOD OF AGREEMENT E
This Agreement shall begin upon execution by both parties and shall end on November
30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (17)of this
Agreement. Consistent with the definition of"period of performance" contained in 2 C.F.R. §200.77, the
term"period of agreement" refers to the time during which the Sub-Recipient"may incur new obligations CL
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 c
may expend funds authorized by this Agreement"only for allowable costs resulting from obligations
incurred during" the period of agreement.
(9) FUNDING �+
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
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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 Z
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount U
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 $916,071.21.
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d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
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Packet Pg. 1185
C.17.b
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 m
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A,
that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
services")and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, CL
illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as >
2
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,
cv
such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, LO
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
iii. The accounting basis (cash or accrual)selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
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Packet Pg. 1186
C.17.b
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, m
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j. As defined by 2 C.F.R. §200.53, the term"improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper. CL
(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, c
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained. '
b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the ,
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
119, Florida Statutes)and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5)fiscal years from the date of
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Packet Pg. 1187
C.17.b
completion of grant cycle or project. The following are the only exceptions to the five (5)year
requirement:
a
i. If any litigation, claim, or audit is started before the expiration of the 5-year
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period, then the records must be retained until all litigation, claims, or audit findings involving the records m
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
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awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient.
V. Records for program income transactions after the period of performance. In
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some cases recipients must report program income after the period of performance. Where there is such m
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 CL
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).
76
d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request >
2
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
cv
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies LO
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
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Packet Pg. 1188
C.17.b
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the m
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted CL
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
76
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity >
2
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
cv
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's LO
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work-Attachment A-and all other applicable laws and
regulations.
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(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
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C.17.b
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 m
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance.
e. The Sub-Recipient shall have all audits completed by an independent auditor, which
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is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed m
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in CL
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle_Audit@em.myflorida.com c
OR
2
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC '
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMSingle_Audit@em.myflorida.com
OR
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Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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(12)REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the m
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
c. The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in CL
Attachment F.
(13)MONITORING
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as c
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
2
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A to this Agreement, and reported in the
quarterly report. '
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division ,
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
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C.17.b
(14)LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient m
shall hold the Division harmless against all claims of whatever nature by third parties arising from the
work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
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construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in m
any matter arising out of any contract.
(15)DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any CL
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: c
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
2
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
CN
meet its obligations under this Agreement; '
b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or, ,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16)REMEDIES
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
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C.17.b
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3) herein; m
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible; CL
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
76
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or >
2
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient. .�
(17)TERMINATION
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a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the ,
further expenditure of funds, by providing the Sub-Recipient with thirty calendar day's prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
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C.17.b
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
U
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of m
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)PROCUREMENT
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
cv
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards"). c
b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub-
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors CL
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient c
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
(15)days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement '
standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not ,
constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
13
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C.17.b
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
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solicitation. m
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
LU
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
r_
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the m
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall CL
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 >
2
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 LO
bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full and open competition." Accordingly, the
Sub-Recipient shall not:
14
Packet Pg. 1195
C.17.b
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated m
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or CL
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. >
2
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.
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cv
I. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms").
(19)ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
r9
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
15
Packet Pg. 1196
C.17.b
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A— Budget and Scope of Work
iii. Attachment B— Program Statutes and Regulations m
iv. Attachment C—Statement of Assurances
V. Attachment D— Request for Advance or Reimbursement
vi. Attachment E—Justification of Advance Payment
vii. Attachment F—Quarterly Report Form
viii. Attachment G—Warranties and Representations
ix. Attachment H—Certification Regarding Debarment
X. Attachment I — Federal Funding Accountability and Transparency Act
A. Attachment J— Mandatory Contract Provisions
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed CL
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. c
b. Invoices shall be submitted at least quarterly and shall include the supporting
2
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-
Recipient's quarterly reporting as referenced in Paragraph (12)of this Agreement. '
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division. ,
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C.17.b
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
U
payable to the order of"Division of Emergency Management", and mailed directly to the following
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address: m
Division of Emergency Management
Cashier
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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 N
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, E
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 CL
and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision c
76
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
2
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement. '
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a ,
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
17
Packet Pg. 1198
C.17.b
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Sub-Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge m
and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph
(22)f. ii. of this certification; and,
iv. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local)terminated for cause or default.
g. If the Sub-Recipient is unable to certify to any of the statements in this certification, CL
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub-Recipient shall send to the Division (by email or by
facsimile transmission)the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment H)for each intended subcontractor which Sub- >
0
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor. .�
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the LO
provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this
Agreement. °®
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act
("INK)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions
18
Packet Pg. 1199
C.17.b
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required m
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant c
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or E
any state agency.
d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on CL
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 c
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
2
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be
LO
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants, ,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
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C.17.b
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY °3
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 N
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
r_
protection in its name. Any patent rights accruing under or in connection with the performance of this m
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. 0.
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
76
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such >
2
property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and
copyrights which accrue during performance of the Agreement.
d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- LO
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes.
r.
(25)LEGAL AUTHORIZATION
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
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C.17.b
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in m
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
c
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 c
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause. CL
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.
2
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment. '
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
21
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C.17.b
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
0
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1)through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of c
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of c
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above equal CL
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and >
2
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
cv
the administering agency in the discharge of the agency's primary responsibility for securing compliance. LO
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
22
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C.17.b
assurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
�i
(27)COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS CL
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department c
76
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
2
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
LO
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.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
r9
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
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C.17.b
(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions: m
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply c
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise CL
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI-LOBBYING AMENDMENT c
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If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
2
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of$100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
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not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Z
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
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(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
24
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C.17.b
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists; m
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of CL
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
76
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional >
2
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
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women's business enterprises, does not authorize the Sub-Recipient to break a single project down into LO
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting"). °®
(33)ASSURANCES
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
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C.17.b
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB-RECIPIENT: MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
Name and Title:
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Date: APPROVED AS TO FORM:
MONROE COUNTY ATTORNEY'S OFFICE
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Digitally signed by Cynthia L.Hall
DN:cn=Cynthia L.Hall,o=Monroe Q}
County BOCC,ou,email=hall-
STATE OF FLORIDA ynthia@monroecounty-tl.yov,c=US
Date:2019.12.06 14:38:38-05'00'
DIVISION OF EMERGENCY MANAGEMENT
By:
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Name and Title: Jared Moskowitz, Director
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Date:
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C.17.b
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT: °3
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Federal Program
Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97.039
Award amount: $916,071.21
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THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT: c
• 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as c
amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A)of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- E
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
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1. Sub-Recipient is to use funding to perform the following eligible activities:
• Other projects that reduce future disaster losses
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
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C.17.b
Attachment A
Budget and Scope of Work
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STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to provide a FEMA P-361 standards safe room at a new Emergency
Operations Center (EOC) in Marathon, Monroe County, Florida, funded through the Hazard Mitigation
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Grant Program(HMGP) DR-4337-66-R, as approved by the Florida Division of Emergency Management
(Division) and the Federal Emergency Management Agency (FEMA).
The Sub-Recipient, Monroe County Board of County Commissioners, shall conduct Phase I — Design of
this project, which includes the engineering designs and calculations, surveys, permitting, and notices.
No construction activities are approved at this time. The Sub-Recipient shall complete the Phase I
work in accordance with all applicable federal, state and local laws, regulations and codes.
PROJECT OVERVIEW:
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As a Hazard Mitigation Grant Program project,the Sub-Recipient proposes to construct a new Emergency
Operations Center—Safe Room to FEMA P-361 standards,at 9000 Overseas Highway, Marathon, Florida m
33050. Coordinates: (24.720930, -81.061713). E
The scope is for Phase I only; which includes but is not limited to surveying, engineering, design, plans
preparation, permitting and bidding for the proposed project, for Phase 11 approval. A Benefit Cost
Analysis (BCA) based on information provided in good faith by the Sub-Recipient to the State has been
conducted, understanding that a fully developed project is expected for Phase 11.
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When Phase I is completed, the Sub-Recipient must provide 100% completed designs, calculations, a
full set of signed and sealed plans, and permits for a Phase II review. A final BCA using developed
technical data and study results shall take place. No assumptions or historical damage shall be
acceptable for final BCA of Phase II approval. No construction activities for this project have been
approved.
The proposed Phase 11 scope of work shall include construction of a new Emergency Operations Center
to FEMA P-361 standards for Monroe County, designed to protect against 220 mile-per-hour or above
wind speed in order to serve the first responders, emergency managers, and other disaster staff which
must remain behind in the event of a hurricane impacting Monroe County.
Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All
installations shall be in strict compliance with the FEMA-361 specifications, and all materials shall be
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certified to meet wind and impact standards. The local municipal or county building department shall
inspect and certify installation according to the manufacturer specifications.
The generator shall be protected against a 500-year flood event by implementing specific activities or by
locating the generator(s)outside the Special Flood Hazard Area (SFHA) and shall be protected against
wind with a rated enclosure based on its location requirements. Activities shall be completed in strict
compliance with Federal, State and Local Rules and Regulations.
TASKS&DELIVERABLES:
A) Tasks:
1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor/vendor
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/vendor
in accordance with the Sub-Recipient's procurement policy as well as all Federal and State Laws
and Regulations.
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C.17.b
All procurement activities shall contain sufficient source documentation and be in accordance with
all applicable regulations.
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects.
m
The selected contractor shall have a current and valid occupational license/business tax receipt
issued for the type of services being performed.
The Sub-Recipient shall provide documentation demonstrating the results of the procurement
process. This shall include a rationale for the method of procurement and selection of contract type,
contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form"for each contractor and/or subcontractor performing services under this agreement.
The Sub-Recipient shall provide executed contracts with contractors and/or subcontractors to the
Division.
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 c
business tax receipt issued for the type of services to be performed by the selected contractor.
2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in accordance with E
the Hazard Mitigation Grant Program application and supporting documentation as submitted to the
Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render
a Phase 11 determination upon completion of the review of Phase I deliverables. No construction
activities are approved at this time. The Sub-Recipient shall ensure that all applicable state, local
and federal laws and regulations are followed and documented, as appropriate.
Phase I consists of fees; for conducting survey, study, engineering, design, public notices, and/or CL
permitting associated with the design of a FEMA P-361 Standards structure. Verification shall be
necessary for determining project eligibility.
All Phase I work shall be completed in accordance with all applicable state, local and federal laws
and regulations and documented, as appropriate.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient 01,
supporting documentation, and provide a summary of all contract scope of work and scope of work
changes, if any. Additional documentation shall include: W
a) Copy of permit(s), notice of commencement.
b) Two sets of engineering Signed/Sealed final design and analysis, and surveying.
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c) Peer Review (Reference: FEMA P-361 Safe Room, B1.2.2) —shall include review of elements
associated with structural design (including missile impact resistance), occupancy, means of
egress, access, and accessibility, fire safety, and essential features (such as ventilation, c,
sanitation, and backup power).
The registered design professional performing the peer review should not be the same registered
design professional who is providing the design oversight. Signed/Sealed Report shall be
submitted. The Report shall include detailed descriptions of the items reviewed, whether or not
the items are compliant with the applicable standards and codes, whether or not the safe room
design is acceptable.
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d) Construction Plans and bid documents.
e) A copy of the O&M plan (operations and maintenance plan).
f) Revised cost estimate for Phase 11 — construction (include Phase I costs), to implement the
design project.
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C.17.b
g) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection
requirements on all products proposed to be utilized.
h) Color aerial map with the project area clearly marked.
i) Color photographs of the project area.
j) Proof of compliance with Project Conditions and Requirements contained herein.
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k) Any other documentation requested by the Division, not limited to Project Conditions and
Requirements herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share)related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with
each reimbursement request attesting to the completion of the work,that disbursements or payments
were made in accordance with all agreement and regulatory conditions, and that reimbursement is c
due and has not been previously requested.
The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices E
are accurate and any contracted services were rendered within the terms and timelines of this
agreement. All supporting documentation shall agree with the requested billing period. All costs
submitted for reimbursement shall contain adequate source documentation which may include but
not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and
invoices, payrolls, time and attendance records, contract and subcontract award documents.
The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by subcontractors and CL
pay subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all
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 c
76
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
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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 Phase I costs
related to the project as identified in the project application and this scope of work. The Requests
for Reimbursement (RFR)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;
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Packet Pg. 1211
C.17.b
b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount. LU
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The Sub-Recipient's Request for Reimbursement shall include the final Phase I project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B) Deliverables: LU
Mitigation Activities consist of Phase I activities, which include engineering, designing, plans
preparation, permitting and bidding for the proposed project, for Phase 11 approval, to implement
measures to harden a new Emergency Operations Center to FEMA P-361 Standards, located at
9000 Overseas Highway, Marathon, Florida 33050.
Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans.
All installations shall be in strict compliance with the FEMA-361 specifications, and all materials shall
be certified to meet wind and impact standards. Protection shall be designed to withstand a wind
speed of 220 MPH. c
The generator shall be protected against a 500-year flood event by implementing specific activities
or by locating the generator(s)outside the Special Flood Hazard Area (SFHA)and shall be protected E
against wind with a rated enclosure based on its location requirements. Activities shall be completed
in strict compliance with Federal, State and Local Rules and Regulations.
Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or
retrofitted window or door coverings must conform to design drawings that are signed, sealed,
and inspected by a structural engineer who is registered in this state. The Sub-Recipient shall
provide an inspection report and attestation or a copy of the signed and sealed plans to the CL
Division before payment will be made.
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:
C) Engineering:
1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to complete the
project. Wind protections shall be provided on any other opening such as vents, louvers and exhaust
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fans. All installations shall be in strict compliance with the FEMA-361 specifications, and all proposed
materials shall be certified to meet wind and impact standards.
2) Design documents shall provide a detailed description that includes specifics on project scope of
work, depth and extent of ground disturbance at all construction locations of the project.
3) Submit a refined cost estimate, to include Phase I Fees and Phase 11 Construction Materials and Z
Labor.
4) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) ,
satisfying protection requirements on all products utilized.
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5) All activities shall be done in strict compliance with the Florida Building Code. All proposed materials
shall be certified to exceed the wind and impact standards of the current local codes.
6) The Sub-Recipient shall provide a copy of the O&M Plan (Operations and Maintenance Plan).
7) Peer Review (Reference: FEMA P-361 Safe Room, B1.2.2) — shall include review of elements
associated with structural design (including missile impact resistance), occupancy, means of egress,
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C.17.b
access, and accessibility, fire safety, and essential features (such as ventilation, sanitation, and
backup power).
The registered design professional performing the peer review should not be the same registered
design professional who is providing the design oversight. Signed/Sealed Report shall be submitted.
The Report shall include detailed descriptions of the items reviewed, whether or not the items are m
compliant with the applicable standards and codes, whether or not the safe room design is
acceptable.
D) Environmental:
1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and
other Laws and Executive Orders.
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2) Acceptance of federal funding requires the Sub-Recipient to comply with all federal, state, and local
laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances
may jeopardize federal funding.
3) Historical Preservation compliance documents shall be obtained. Review documentation required:
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a) Color aerial map with the project area clearly marked.
b) Color photographs of the project area (electronic)
c) Indicate if project site is located within a designated historic district or historic neighborhood.
4) Phase I of this project is approved with the condition that the above list of deliverables shall be
submitted for review and approval by the Division and FEMA before Phase 11 is considered.
5) No construction work may begin until Phase 11 is approved by the Division and FEMA.
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E) Programmatic:
1) The Sub-Recipient must notify the Division as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower costs or earlier completion.
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2) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in >
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a need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
3) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables
shall be submitted 30 days prior to the Period of Performance date, for review and approval by the
Division, for submittal to FEMA for closeout.
4) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the LO
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 U
FEMA.
5) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR c�
206.191.
6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
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This is FEMA project number 4337-66-R. Is funded under HMGP, FEMA-Irma-DR-FL and must adhere
to all program guidelines established for the HMGP in accordance with the PAS Operational
Agreement for Disaster 4337.
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C.17.b
FEMA awarded this project on April 26, 2019; with a Pre-Award date of January 23, 2018; this
Agreement shall begin upon execution by both parties, and the Period of Performance for this project
shall end on November 30, 2020.
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F) 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; o
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. E
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SCHEDULE OF WORK
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State/Local Contracting: 3 Months
Design, Engineering: 9 Months CL
Peer Design: 3 Months
Permitting: 3 Months
Final Deliverables for submittal: 1 Month
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Total Period of Performance: 19 Months
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BUDGET
Line Item Budget*
Project Cost Federal Share Non-Federal Share
Materials: $0.00 $0.00 $0.00 LO
Labor: $0.00 $0.00 $0.00
Fees: $2,211,835.00 $911,845.57 $1,299,989.43
Pre-Award: $10,250.00 $4,225.64 $6,024.36
Initial Agreement Amount: $2,222,085.00 $916,071.21 $1,306,013.79
***Contingency Funds: $0.00 $0.00 $0.00
Project Total: $2,222,085.00 $916,071.21 $1,306,013.79
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*Any line item amount in this Budget may be increased or decreased 10% or less, with the division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
This project has a Pre-Award, approved by FEMA in the amount of$10,250.00 project costs with a start
date of January 23, 2018.
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C.17.b
*** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation
Assistance Guidance Part VI, D.3.4— Contingency funds are not automatically available for use. Prior
to their release, contingency funds must be re-budgeted to another direct cost category and identified.
Post-award changes to the budget require prior written approval from the Division (FDEM). The written
request should demonstrate what unforeseen condition related to the project arose that required the use m
of contingency funds.
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Project Management costs are included for this project in the amount of$37,500.00
Funding Summary
Federal Share: $916,071.21 (41.22575014%)
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Non-Federal Share: $1,306,013.79 (58.77424986%)
Total Project Cost: $2,222,085.00 (100.00%)
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Attachment B
Program Statutes and Regulations
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The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally m
governed by the following statutes and regulations:
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(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;
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(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
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(4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement.
In addition to the above statutes and regulations, the Sub-recipient must comply with the
following: E
The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A(Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient CL
shall comply with any and all applicable codes and standards in performing work funded under this
Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Sub-recipient and
any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and �--
any development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land 'A
use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall
be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
The Sub-recipient will provide and maintain competent and adequate engineering supervision at h®
the construction site to ensure that the completed work conforms with the approved plans and
specifications and will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property shall record in the public records of the county where it is located the
following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or
from which a structure will be removed pursuant to the project.
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
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C.17.b
(2) No new structure will be erected on property other than:
a. a public facility that is open on all sides and functionally related to a designed open
space; ij
b. a restroom; or
(3) A structure that the Director of the Federal Emergency Management Agency approves in m
writing before the commencement of the construction of the structure;
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(4) After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
(5) If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional
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Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44 CFR 206.438(b).
The National Environmental Policy Act (NEPA)stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of Work (SOW)shall be reviewed by all State and Federal agencies
participating in the NEPA process.
As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for CL
Grants and Cooperative Agreements to State and Local Governments:
(1) For Construction projects, the grantee must"obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13(c));
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(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the
budget implications; and
(3) The Sub-recipient must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion, �--
or favorable conditions allowing lower cost or earlier completion. Any extensions of the
period of performance must be submitted to FEMA sixty days prior to the project N
expiration date. LO
The Sub-recipient assures that it will comply with the following statutes and regulations to the
extent applicable:
(1) 53 Federal Register 8034 z
(2) Federal Acquisition Regulations 31.2
(3) Section 1352, Title 31, US Code
(4) Chapter 473, Florida Statutes
(5) Chapter 215, Florida Statutes
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(6) Section 768.28, Florida Statutes
(7) Chapter 119, Florida Statutes
(8) Section 216.181(6), Florida Statutes
(9) Cash Management Improvement Act of 1990
(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act
(13) Section 286.011, Florida Statutes
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(14) 2 CFR, Part 200— Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(18) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(19) Victims of Crime Act (as appropriate)
(20) Section 504 of the Rehabilitation Act of 1973, as amended
(21) Subtitle A, Title I I of the Americans with Disabilities Act (ADA) (1990)
(22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part 39
(23) 42 U.S.C. 5154a
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Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, o
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Sub-recipient or its designees or agents, no member of the governing body of
the locality in which this program is situated, and no other public official of the locality or localities o
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient
for eligible contract work completed prior to the date the notice of suspension of funding was CL
received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under this Agreement
unless previously approved in writing by the Division. All Sub-recipient contracts shall contain
provisions for termination for cause or convenience and shall provide for the method of payment
in such event;
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(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and '
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with U
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the Sub-
recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the Sub-
recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
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used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101-6107)which prohibits discrimination on the
basis of age or with respect to otherwise qualifies handicapped individuals as provided in m
Section 504 of the Rehabilitation Act of 1973;
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(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313 c
and Section 112.3135, Florida Statutes;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and E
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. 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
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Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that
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certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm
(k) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19.6 Z
for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub-
recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR, Section 800.8) by the proposed activity; and
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(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation LU
Office, the Florida Division of Emergency Management and the Advisory Council m
on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800.
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(4) When any of the Sub-recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency
Management Agency (FEMA) may require the Sub-recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and suggest N
methods of repair or construction that will conform with the recommended approaches
set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines o
that the eligible scope of work will not conform with the Standards, the Sub-recipient
agrees to participate in consultations to develop, and after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition measures, E
including but not limited to, impacts to archeological sites, and the salvage, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation of footings and foundations, and CL
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks)except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Sub-recipient on any o
feasible steps to be accomplished to avoid any National Register eligible archeological
property or will make recommendations for the development of a treatment plan for the
recovery or archeological data from the property.
If the Sub-recipient is unable to avoid the archeological property, develop, in consultation
with SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
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Archeological Properties". The Sub-recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Sub-recipient to implement the treatment plan. If either the Council or the
SHPO object, Sub-recipient shall not proceed with the project until the objection is
resolved.
(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a)of any
changes in the approved scope of work for a National Register eligible or listed property; ,
(b)of all changes to a project that may result in a supplemental DSR or modify a HMGP
project for a National Register eligible or listed property; (c) if it appears that a project
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funded under this Agreement will affect a previously unidentified property that may be "9
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub-
recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Sub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all
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C.17.b
reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will
require, and the Sub-recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the property.
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(7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it m
shall not receive funding for projects when, with intent to avoid the requirements of the
PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a
historic property, or having the legal power to prevent it, allowed such significant adverse
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effect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-
1683 and 1685-1686)which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and c
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.)which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
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(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- c
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and >
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of c
race, color or national origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 LO
(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270; U
(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;
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(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
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C.17.b
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources; a
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating N
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice); c
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
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(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Sub-
recipient and its demolition contractor have sufficient manpower and equipment to CL
comply with the obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
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(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in the Sub-recipient's jurisdiction to detect the presence of
asbestos and lead in accordance with requirements of the U.S. Environmental Protection
Agency, the Florida Department of Environmental Protection and the County Health
Department.
(4) Provide documentation of the inspection results for each structure to indicate:
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b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Sub-recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor's work.
(8) Obtain all required permits.
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(9) Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
(10) Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
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(11) Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities. m
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Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
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SUB-RECIPIENT: Monroe County Board of County Commissioners
REMIT ADDRESS:
CITY: STATE: ZIP CODE:
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PROJECT TYPE: FEMA 361 EOC-Safe Room PROJECT#: 4337-66-R
PROGRAM: Hazard Mitigation Grant Program CONTRACT#: H0206
APPROVED BUDGET: FEDERAL SHARE: MATCH:
ADVANCED RECEIVED: N/A AMOUNT: SETTLED?
Invoice Period: To Payment#:
Eligible Amount Obligated Federal Obligated Non-
Division Use Only
100/o Amount Federal
(Current Request) 41.22575014% 58.77424986% Approved Comments
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TOTAL CURRENT REQUEST: $
By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and 0.
conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any
material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or
otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. r
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SUB-RECIPIENT SIGNATURE: Lr
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NAME/TITLE: DATE:
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TO BE COMPLETED BY THE DIVISION Z
CJ
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
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APPROVED FOR PAYMENT $
DATE
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SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MTIGATION ASSISTANCE PROGRAM
SUB-RECIPIENT: Monroe County Board of County PAYMENT#:
Commissioners 0i
PROJECT TYPE: FEMA 361 EOC-Safe Room PROJECT#: 4337-66-R
PROGRAM: Hazard Mitigation Grant Program CONTRACT#: H0206
REF NO2 DATE DOCUMENTATION (Check) ELIGIBLE
AMOUNT COSTS
100%
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2
3 CD
2
4
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0
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This payment represents % completion of the project. TOTAL
2 Recipient's internal reference number(e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule#)
s Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor) by category(Materials, Labor, Fees) and line item in the approved project line
item budget. Provide a brief description of the articles or services. List service dates per each invoice.
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Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT: Monroe County Board of County Commissioners
If you are requesting an advance, indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of$ is requested. Balance of payments
will be made on a reimbursement basis. These funds are needed to pay
staff, award benefits to clients, duplicate forms and purchase start-up
supplies and equipment. We would not be able to operate the program
without this advance.
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If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100%of your expected needs for 90 days.
Submit Attachment D with the cost share breakdown along with Attachment E and all supporting 0
documentation.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three
(list applicable line items) Months of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES 0
TOTAL EXPENSES
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LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the L
need for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety (90) days of the contract term. Support
documentation should include quotes for purchases, delivery timelines, salary and expense
projections, etc. to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety(90) days of the contract term. Any advance funds not
expended within the first ninety(90) days of the contract term as evidenced by copies of invoices
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and cancelled checks as required by the Budget and Scope of work showing 100%of
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expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399,within thirty(30) days of receipt, along with any interest
earned on the advance.
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Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
Instructions: Complete and submit this form to the appropriate Project Manager within 15 days of each
quarter's end date.
Monroe County Board of County
SUB-RECIPIENT: Commissioners PROJECT#: 4337-66-R
PROJECT TYPE: FEMA 361 EOC-Safe Room CONTRACT#: H0206
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PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING:
Advance Payment Information:
Advance Received ❑ N/A❑ Amount: $ Advance Settled?Yes ❑ No❑
Provide reimbursement Projections for this project(projections may change):
Jul-Sep 20® $ Oct-Dec 20® $ Jan-Mar 20_ $ Apr-Jun 20® $
Target Dates:
Contract Initiation Date: Contract Expiration Date:
Estimated Project Completion Date:
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Project Proceeding on Schedule? ❑ Yes ❑ No (If No,please describe underIssues below)
Percentage of Work Completed (may be confirmed by state inspectors): %
Describe Milestones achieved during this quarter:
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Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates)
Milestone Date
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Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost:
Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget z
Additional Comments/Elaboration:
NOTE: Division of Emergency Management(DEM)staff may perform interim inspections and/or audits at any time.
Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated
overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known,
otherwise you may be found non-compliant with your sub grant award.
Person Completing Form: Phone:
To be completed by Division staff
Date Reviewed: Reviewer:
Actions:
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Attachment G a
Warranties and Representations LU
Financial Management
The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. LU
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 0
C.F.R. §§200.317 through 200.326).
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Business Hours
The Sub-Recipient shall have its offices open for business, with the entrance door open to the m
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public, and at least one employee on site, from: 8:00 AM -5:00 PM, Monday Thru Friday, as
applicable.
Licensing and Permitting CL
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub-Recipient.
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Attachment H
Certification Regarding
Debarment, Suspension; Ineligibility
And Voluntary Exclusion
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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
(2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR
By: Monroe County Board of County
Commissioners CL
Signature Sub-Recipient's Name
H0206
Name and Title DEM Contract Number
4-
4337-066-R 0
Street Address FEMA Project Number
2
City, State, Zip
Date cv
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Attachment I
Federal Funding Accountability and Transparency Act
Instructions and Worksheet
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA)was signed on m
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
federal awards (federal assistance and expenditures) be made available to the public via a single,
searchable website, which is http://www.usaspending.gov/.
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management ("FDEM"or"Division") must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined in section 1512(a) (2)of the American Recovery and Reinvestment o
Act of 2009, Pub. L. 111-5).
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Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below
should be filled out, signed, and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub-
award (Agreement)that obligates $25,000 or more in federal funds as described above. Please CL
provide the following information and return the signed form to the Division as requested.
PROJECT#: 4337-66-R
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FUNDING AGENCY: Federal Emergency Management Agency
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AWARD AMOUNT: $916,071.21
OBLIGATION/ACTION DATE: April 26, 2019
SUBAWARD DATE (if applicable):
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DUNS#: 073876757
DUNS#+4:
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*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/web form). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME:
0
DBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4** c
PARENT COMPANY DUNS#(if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): c
DESCRIPTION OF PROJECT (Up to 4000 Characters)
The Monroe County Board of County Commissioners proposes to construct a new Emergency Operations
Center — Safe Room to FEMA P-361 standards, at 9000 Overseas Highway, Marathon, Florida 33050.
Coordinates: (24.720930, -81.061713).
The scope is for Phase I only; which includes but is not limited to surveying, engineering, design, plans CL
preparation, permitting and bidding for the proposed project, for Phase 11 approval. A Benefit Cost
Analysis (BCA) based on information provided in good faith by the Sub-Recipient to the State has been
conducted, understanding that a fully developed project is expected for Phase 11.
When Phase I is completed, the Sub-Recipient must provide 100% completed designs, calculations, a full
set of signed and sealed plans, and permits for a Phase II review. A final BCA using developed technical
data and study results shall take place. No assumptions or historical damage shall be acceptable for final P
BCA of Phase II approval. No construction activities for this project have been approved.
Verify the approved project description above, if there is any discrepancy, please contact the project
manager.
LO
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4**
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CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
51
Packet Pg. 1232
C.17.b
1. In your business or organization's previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)subject to
the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross
revenues from U.S. Federal procurement contracts (and subcontracts)and Federal financial
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)subject to the
Transparency Act?
Yes ❑ No ❑
If the answer to Question 1 is "Yes,"continue to Question 2. If the answer to Question 1 is "No",
move to the signature block below to complete the certification and submittal process.
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2. Does the public have access to information about the compensation of the executives in your
0
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
0
Yes ❑ No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions". o
76
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in LO
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
V. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property)for the executive exceeds $10,000.
52
Packet Pg. 1233
C.17.b
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion )
Rank Total Compensation
(Highest to Name for Most Recently m
Lowest) (Last, First, MI Title Completed Fiscal Year
1
2
3
4
0
5
0
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE:
CL
DATE:
0
0
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Packet Pg. 1234
C.17.b
Attachment J
Mandatory Contract Provisions
�i
Provisions: m
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
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0
CL
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0
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54
Packet Pg. 1235
C.17.b
OMB Guidance FT 200, App. II
tlj Dawn 11.a t'.da:n A t.as&nen.3e•3(40 1 .S..4. tna.tcm,al.s:=or ar tic s €.rrllnarril, avml;alald>on ..�,
TAI A1tlt`i Them rrtlurrel by Fodor al l r +gram ofan or con ratc= for rran por'- U
laagWaw.ir:rr. .ail prime _r.rrsdu ,ien.ccntr.acts t.as.tor or tr,ar M1nr_ on of m ellljtrr o_
In, of S2,000 xart9er9 by ron 1'ts€Irrra'l €F FllOrts to Inventions Made [-mlear a. LLi
ontItleU mu.sr Jrc]1'L):a prrevtMn f.ac t.r mpl.l: Contract:n7 Ajzraerne I. If the Foder.'a1 awar,. dy
am wIG o t rltt U.S.C. I:meou th definition of"fu,nrlin!z a;rroamon-.-
a -� ..ra'� T.�,a4tu 1'1�C".:�;a?S 'ki:: .Ira
'211UMIC and =;Ulh as snmii:,lonaRmed 1:,:`+' 1.1Cdor 37 CFR 4,,101.` Sat aUI .h 7s€.',1[3i 4=or �
I)gmafmont of lara rwuha torsi 29 CTR subroctplent enter in o a. €ro i tea L �
lla,rtt Z,. "I ale€r Standard.,—., Appit moth asmall ran lne s ritrn or r.,yonp o-lit
cable tc, Consr.,vns Covering Peel rally Pl- r a7ardln�7 the lon of par- �
rear eI and As..irtt I Cons rat€tlalr Ir an ties. amwnMM5 or per orm:n r A experl= �
ctai Ian€tom with the stanune. cor tra.cto7 meant menuai devpinlamFemtat or re ear€h wurk
bo required irrr d=c pri,'s w !Zes to laborars and mo urd ar nhaT ' frindllrr' aVr mr7 an . the re,,tpl-
c,h<awc s aL a rate non I ms than rho aremiArg PG or subrrr€'gAort must €ozr ,alga YvIt:h.Ghe re- �
war q a Q4 in a wagp ,h bormmnshon ebmwKs ci h CVPR Iaar t lttl Avl tr to In-
n•ado by th s`l s re-,it L C1,'Labor, In a€IllP,Icarr venriam 4l,aIC by Litonproflt; Orzarrli atla*rir
contra t-or 1"ru t to r-2cltur-2d to jpav wazas and Small Busdnass Firms, Urder Govern- C44
not leo than onre a week. The non ?-eder,al lnenr Grants. Contracts and c€c"p"Ir a4 ve, �
°3ri.,ll.y must ,ala::.r: `a. copy of no current A,,_,r'?tar'Y.e'nus- at d any inipinmmt rr+_�ronila �
rYili 3 w.a__ et�ar rnln ninon t.s.�.kwd by the Uons Issued t I the..:a,a�tr iing sagovi��.
.N
p mens o Labor in oath nli ttatrnm E Th ,C;a Clsaan An' cL rs42 U.
S.C. ,101 u;ac} t and tts
zlnl.lon to award a contr ti t or sutaaontract. no Federal kp.a_err Pollutlon Conti tlt „r S(3a U
rxru a be r rnlli.tnr r I upon the a reel air€e of U D C lall-ORN as amended-. C°t n ra.i a and
the w.ir;�,ie roan!nan1 on.The no n F—,Aor.aI or smb!rants, of amcu-sm . Ire d:x em' oz' t150.00) 0
au must t report all uswicwdt or reWrtedl mun € ammn a parent tam thn roquirosthe
wol9mrs to No Foural awpardtn., a.;€=ra y. mire Fod;a:al award to a ?ot, to €.or7vi,sly ,'Wi:rl,.
The contracts,must .also Ire ludo?a )nr cvisaon= all appli(t,,hlo ruanrlar€ai. orders, or r nh'talai �
for €rml li nce with the C ,pehmsl tr to tions smod pursuant to the Moan n Jur Act. �
Ki€kbat,.;k _ €:t. Epp U.S.C. hY: a, supple ,I2l .`~a.C. r'WI MIq) ,nj ,na t'meral Water E
'lmtt lt;I by l e;xarilnont of labor rogulatoons foam at n Grant rt l AUS as ammislel t32 1 C.
(21;k 4FR. Part 2 Cra:rt,i,v€uers .and Sub- 1251 12871. Viclate„n.:must pat<roportodtothO �
cortra.tars or Pubhe :ButUn.N or Public L'orlarstl as"ardln azsm y and he Ro tonal �
's .rk I31 Iran te tr ILhWnor in Part by Door... Office oz' the Rnvironrnerr.aI Pr:rre€t=trin �
or Gm t:. frarn the thu ed Srs "' The Act Aven€t t} I'_,'ta �
lertvid,is: that each or sub= 111,1 Mandatory standards and policies re- �
r ci glen: m u.sr be }at"{?i?1l',-1ae.t Frum ltet"Itrrrl?]s b.i.n.n to rer-vv effi,lee a' which a1-2 con-
by any 'rae ur s any paa rvd n gem}to e.I in no calnedl in no srabe erarr y d.kk1]wry mu,plan
czar tr ue ion complewwL or rt yaalr of public i mod In oUT]1 in€a win the llnera*:y-11ctiicy, CL
work to Ove tip my part of Me rumpen.=:a and Conservation Asa (12I ,C (12,01 r
loon to which he or she 5 anumm err tiled_ ili Det)arr"mYart ,r-1 Suspension iI7xeeutive �
IIe: *roe-Foder°a:l -2moty must repot all su,: Orders I2 sea an.I 120ar---A contract, ,awn,rd _
Meted or repor°Od v ol:a.t:.:Irat.r be Me Federal tree 2 CFR IR0.2r'2tnt cuss Stun-,be mad o u7 pear_
wwnTnZ apnU. ties'., liar===1 on the gover'g's„men.t 1l+ Pach11.`d t8
Ai Contract VArlr hours and SahtT Par was I mt Sysbam in she System t m3 for Awav �
Standards Act 140 IL SE. 3o�'r �irll6a Whno @bona! men.t A a M), it a_cord+nce moth than
.t pll aralx all contracts awarded bt the noon UMB xMMUres al 2 CPR IN MA Irm Aernent1 (B
Ped ral entity in exco t 510000 ,hats 7t--- He ertwe Omers I. lu 13 CPR Ia,1t Ime
vol e.the ornpic,,ymenc.of mocha-mcs,cr labor- Comp.. p. INki and 126R9 (2 CPP, fart. 190;F 0-
ors must in€atsdo a Lr .r i inn for coniiL,lmme Cnml' L Debar meI t,and °}usper a,.an." 0.
win lCa IT v 1 3%2 and 21r1 as suplAamenWdl Phan Excluded QxUgs list Ltd tern in AM 0'
13y 1`GpaarLMQr.t sat Labor rogdamons tag CPR _onrains the n arates of p a.r uiw: d ebarr:a i, Sus-
Pat Sus-
Pari 5} Under tr}U&C. 3A2 of Go A ogh pmdol orotl t r iso oxcur rl by agoncies,as �
cor-tr,x�t-or must laa rt=sl�,tr°air era .�tanaLtr�a rh.� well.tspkr.ita al7rlarrrlin ll,�iLie under i.ar r
wages of nmw met€hank and r abm ar on `,peso tlmm err iumator y rr'mhorlt; CAM t.1ran V-
hams of: ..a snualmd work week of 10 bourn. gr1tsi e order 12al9t. N
Work in excess of the ..-;uslarrl work w®ae}r..M A Byrd Arr:l-L;ol,ta mz Am.err;Imerin 1.1. LO
port-nI5,lbrto pr€.vile•.I that,the wtorker,l decors U. C. L'? "?;>.. t.ont;rac ors that apply or bid �
rr awd.a, a rato of not Iz,s than ore and a for an award;af SIWAN or mom rr1ua rile the, r
half tlmos,the1asi rate of hat- for all hou.rs rc.,j trod c�,aritl`l alirxr Each -er cortiflos to �
worked Ir exiles of 40 hums in t p uark no tier almove Char. it mill ncn ar'dl hi mn �
weak `17re i q ircm w rid of rr U.S.C. ,l N am u 7dl Federal ar'al a}"}r.`7p bedr wrds no pay My
#Ilall..ilal"r to €tom,hu tlor. work and I'rrowrrie I"er':tn or onanlzarlon for]nflu{'[ .,tn��or at.-
ihau n(va laborm, it rnecharlt rnu_t be rm uorn;aarg to inllltenro an offit er or ernyrlo'ee �
q ui.'r1. to worn S In .surr'ou di r-s! of unOr ua any agancy.a lnern,I)er C+:i Cor.V =ss.. tffteer.. Z
worklns, €on it°:near aahach, are rr.m,..a rid:aa,.. Or ear altlr.Sato C.f C'orkros . or an t.ne}.latest o",ay
l,aZ.h.r€lrata.. r.r 13aan ccrenis. Those rer,lUir rngur.ts r:nernht:r° of Corvross in r€:�nnYx.-aour win old_ Ca
-lea ncat ro taro purebases of snpole"',or ta:inim-r ,�,ny I e er.,n] conuiact. era rt:; rr :any
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Packet Pg. 1236
C.17.b
Pt. 200, App, 111 2 C1'R Ch. II (1--1-1d Edition)
itirn awmd ,.oe.ewd by 21 3.30. l f,,.. Each il> S,u qs(. ed rre'srear,:tr annal. .all i so>o,re h
Uar man zho disc loco ,aany lobbying, w1uh and ear, ol:op pent act2vlt.le.., that are ":spun- (�
1'••:iar. 1 ode ml franls t.laat. takes Dl:rce in con .ogee 1 y Feder?] and ncai l es1.r?] a�ax"e�:e
1~tau,lon word: obtaining any Padaral award- and or,_,aa lzixlonu °I h IR I'm 111.A lta,ir.,aati'yi LIJ
-
s .h rpt.s;tasaa act Sore fo`w,,trdod I Yar ,tear to mm mvclvinp.? tl.e. tralntn of individuals in ay
Unr up to ohs rin"'ael al al aaw r el a e aar+;la uchniques, c a n mor., alLed re-
' �
K) gee _ 1, 22 1'ae�etra'^_min, of r�e;n ai�att soarelti tlairilllfll 441'e c:such a ser itie uIlire �
rrrme rla,lu. rn n sanie,facilataS,as olher 1 asCtarch and do-- �
veekopllmi a't:1"itia and where such actiyi-
APPU DIX 1H TO PAnT 20 —N1_7la2Ta T tie.,are not indu.ieel In th lna 4xuctlor funs=
11-AW COSTS InMNTIr c s':'1'1ON AND t:;ion.. I.I.i
ASSIGNMENT,N3dS7 NT, nM3 1'a<:.s'FF,'- Divi €mmr_15 n It r n tw7Qe rew_, yct i. means .all
'LION FOR 1t:�r111.'f"10NS oF HictlEn all dvo.l.ipmn3,,,n, a,tm(.Ies that a1v uaap,'w
h.il[sl'',a"rION (Ws) a:aF,oly pfU1zC,-."k i and akeo ian.o:i ior by tt1-Le in-
i818,ic n Curt or all inbo`nal oz tn-
A.W€;sr,.ar.. . ALULionaal fu.n,1.s., i.nivea.fay i:, vaa ,lr.. for
This, xpopoe n 11x pa ovi us criteria for 1,1er-tt- purpose si thts. 1c eu cant to a. r be Coin.- N
f:yln. and c c niputlr r Indirect u tsar indirect Lined with spon.soivd a i e axeh tun on the, �
,F arl araue., at Il1F tina'.,1-`.l on K 1neWo t Wneweon 0 i Oman MYresearch. �
t & i cons aro ihoso that am incurred for c VvUfes rie.r4ar pa ),_,rarils 0
and pre e e t finane od b 1 ad-aral and non- e'
`,eaTYY1TlG1i. )C la�l"iG of le is i�`s and t'"ie] of oli (�
can not be Ide nmiled I atllly am s,pn nfl alkv 1 �d"al ahel os a m m" a on ei ht la in- C?
avian .a p„=ar,lc:war. ..p�:anso oel paol�-"i' .n lc_ vr[vo'-.,lye, pe.r.ormai e ;o. eiArl� other t1.ar in- 4s
vita tl tool al a t lt'� or ar Cowl=,]" rr ,Hu- I-lu1)n and a z c ad ':lr ] xamp le',
gran,%] ,a,ti ltv ,a �ul..�tautan 13 1. laeftr-i.- ta�.`r pa gnim ai.d pop ets axe heatefa 0
tiona c.f I•clllcla: and a,1 iaart to arlain f;or .1 Aaa s Pee ,7i o `ar s am ;oma"a u iu Aaa,ie e P a-
1 tt1 tt§ of the SaT Yp]a7T niJ cos` Inilirce1, ramp.11Cwab_al when 3n al ar a Iii+irie. �+
1, �c )n osss. Mr�x rintttr� Ar l y Be ila.trLrtra n �,1t'hour,
a„3tic uppc rt they toac bo la;slfled :as"
t Mow F.Mm.NMI 1ai5iw.frar Mae"iet M t n itanal aemmes. E
l Cvei tc i a riiA:tra r Pi It al 1" =ai::p,.
et 00 r nnmvu Wy&�!C.' ra r means aH a
o �a pooh o 1Cl a s°l itle..;am otl e r:li�.cirtl- 4l 1tlea� t f a1 1.a1 d ltlartitln t xe tip t� t r ial tirut'.r
tl n fait nultal ie:taartn Ir aniZe 1 re-
tional ammun as 1 Erie 11a nis sutitan e r'e:a. k and aa hta nnarl e1 a ,1itte a+ie--
J eacA fie rno n t<,a ]filar xlaI fired in ate,.. sk-t.ct n fnx111m&(F&A)con� aci-
, �
tr�lnlr activities of an institution. a %�. tip.,
fair ream le tralntnZ as ppa,.tiel d In suT Miles llerr'tfted In this AppeMix Xpta.ra. �
f.oulon.4 Nis venn Indfia.dos a,lI tmtmnn and ^rrapli l3,lalerti.ft satLhon.and ass.1 .,mer_t of isn.-
rxaontaen a+tiviiie: : whe i:,hrya` Tay are offaa'l t. lire ar c&A) C k: and p a l,ihze ei ser,ins
formdim wward a cit�?'1m or cortim-n a o .it'4?lltle ose:
drlbed in '§20.0.Vt] S'pecialized �'
n a rior_-k odi1 basis, and whetter 1111a a':.r'e service facAlfties of tht,Part. (0
of red throe h r'a tul'ar uc cie TMi to cie part Examples of other to tltutl onal y Il i•.,ic,;
aner_t.M ur separat:a divisions, sucn as.a sum- include oD ra:tton of rosi ome halls, diialxv S
In er schooI .il,l.uton or.n axGons.lan tft can. 1111s. hospitals and clinics, srttrtioln uriars, �
Also. ,.nns"I•Jer d part of t1i.t°: m or £uriattan„ lnW' r o1WgI ate a5invy laookstoa a., imulajzr �
l ou t l t7eun a Area i g a t l`7t1::.s.
wi t elnp„:a rraeant -] at oaa ;lr. al�etz. w�lrtra:" l
a;Zme3 to.uril rsIty rewarch. l:afaal.. t,?i , ptalslta Muse.i m&am onea`
On s,atri',omd WAneoon and arair€u,means nilrai taxili'a,ry entaarp?ri , aShi irftnition M
rite if`I s insumato al or trai'ii"7g aenbi v - aho lueltrtia any c lier catagorles of aativf-
to,bilslic,,dby 1:`nt. ennrraew- .or f:ooperativo tie.;: 'a.r.. of which nxe "unallowable' to 0,
f:;4rexe r"ti nt. Flor prla@pos'os, CIF rhi'n r9C•,1 pr1r, ]'�t1a$1ra,.,l awards- rtri"s mhol"5aise
;ipla,. brad., a.7liyiry may he onnsitl,yd a in.anaward. �
major funrntnn even dI otaji, are i"Is'ariaa,iun"s 2.Un u�nn foT DfvrV,,.2 an �--�
accommity uvatmminmy 1ncleitl=o it in ne
Ir.tarte,l.on ftaivnion :.a:. Base A Isa.se p-iiioci foa r,l Urll.iu- r
i, J1 y�rr rr,.iaft a sr�r p,. arc n a:' arc Lien n oi indirect l' a i cost is the pe:r^i.nt3
1p,alaap?Tent and subohily ae vawn Umt during: wn+ele He costs, iae' lad iirae.-c1 The �
are mn .oi-nia,nlreel and. crone 1.i,et pea!Dd ri.rr mally °elm a td Aaoetnodo w-Mh LO
&eatre n.ily. are not sepa:imt:al'1 (a la tivAad ;:ani,a t:l..fi:ae wl ve..ar'3'A:,tl.iishko 1 by the ir`riniuleon:.
.c,.otln,ed nor. Dep,.% tmon.t:.al aosoaao:a, :`oil but In any event Me Imse pailod s:at:,oa]e11ae so r"
purposes of AM document is not cor lleieel soloesed as to mold ine+ptrltla°: in He elf:>-
r
as
a n apaor frrnetien l ut an a aaat of the in- trilaa i('1i of costs.
�
,,ul trction functlan of the,lns l a.lon. ft Ni4 for ciov m rU wVab Uy The overall ob-
1a 0nAihi J r6�.warch. means all researeh pe+ilxn of tl e inline t €F tie cosi,allo.iaulon �
asd dwaloatonE avilvinas of an insholmn perouss is to tli t€iM e Ap l'In t kF Aj
Mu me se p'ai awly farad„mad =.i ce ur itod eiese rlbed In Soc i�lon 13 ls3eeritficarion z
for 11 mdraele s: and i,tt.,i i.m,:in.t of Ind1r Si'. tF&,A e ia, tX1
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Packet Pg. 1237
�R GOURTI
'q'Y�p•bJVY cu o`f�••'.p Kevin Madok, CPA
........ Clerk of the Circuit Court& Comptroller—Monroe County, Florida
YROE c.0
DATE: December 16, 2019
c
TO: Breanne Erickson, Contract Administrator
Project Management
FROM: Pamela G. Hanc 4.C.
N
SUBJECT: December 11'h BOCC Meeting
Enclosed are two duplicate originals of die following item, executed on belialf of Monroe
County, for your handling: c
R6 Phase 1 of a Hazard Mitigation Grant Program Agreement with the Florida E
Department of Emergency Management to provide design funding, in the amount of$916,071.21
for the Emergency Operations Center at the Marathon Airport.
Please be sure to return a fully executed original to dhis office once signed by die state.
Should you have any questions, please feel free to contact me at(305) 292-3550. 0.
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6
CD
2
CD
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cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305- packet pg. 1238
C.17.c
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT _
Ron DeSantis Jared Moskowitz
Governor Director
January 14, 2020
Mr. Cary Knight, Director
Monroe County
500 Whitehead StreetCN
Key West, Florida 33040
Re: Project#4337-66-R
Monroe County Board of County Commissioners, FEMA 361 EOC,
Safe Room Project, Phase
Dear Mr. Knight:
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract
number H0206 between Monroe County Board of County Commissioners the and the
Division of Emergency Management.
Please forward all Requests for Reimbursement (Attachment D) to the Division of
Emergency Management at the following address:
O
Mr. Mike Lalbachan, Project Manager
Hazard Mitigation Grant Program
Florida Division of Emergency Management
2702 Director Row
Orlando, Florida 32809 N
If you have any specific questions regarding the contract or the Request for
Reimbursement form, please contact Mr. Mike Lalbachan, at (850) 815-4571.
Respectfully, CD
CD
CN
Miles E. Anderson
Bureau Chief, Mitigation
State Hazard Mitigation Officer
MEA:km/ma
Enclosure
DIVISION HEADQUARTERS Telephone:850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors R
Tallahassee, FL 32399-2100 Orlando, FL 32809 Packet Pg. 1239
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Agreement Number: H0206 cJ
Project Number: 4337-066-R
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that a"subaward may be provided through any form of legal agreement,
including an agreement that the pass-through entity considers a contract."
As defined by 2 C.F.R. §200.74, "pass-through entity" means"a non-Federal entity that provides a
subaward to a Sub-Recipient to carry out part of a Federal program."
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As defined by 2 C.F.R. §200.93, "Sub-Recipient" means"a non-Federal entity that receives a
subaward from a pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award" means"Federal financial assistance that a non-
Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity."
0
As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity."
The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): CL
Monroe County Board of County
Sub-Recipient's name: Commissioners
Sub-Recipient's unique entity identifier: 59-6000749 0
Federal Award Identification Number(FAIN): FEMA-DR-4337-FL >
2
Federal Award Date: April 26, 2019 0.
January 23, 2018 thru November 30,
Subaward Period of Performance Start and End Date: 2020
N
Amount of Federal Funds Obligated by this Agreement: $916,071.21
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $916,071.21
Total Amount of the Federal Award committed to the Sub-
Recipient by the pass-through entity $916,071.21 m
Federal award project description (see FFATA): 0
EOC-Safe Room, Phase 1
CD
Name of Federal awarding agency: Federal Emergency Management Agency
Name of pass-through entity: FL Division of Emergency Management
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Contact information for the pass-through entity: Mike.Lalbachan@em.myflorida.com
Catalog of Federal Domestic Assistance (CFDA) Number and
Name: 97.039 Hazard Mitigation Grant Program
Whether the award is R&D: N/A
Indirect cost rate for the Federal award: N/A 0
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THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, U
with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Monroe County
Board of County Commissioners, (hereinafter referred to as the"Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
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B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and, c
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE,the Division and the Sub-Recipient agree to the following: E
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds."
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Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance", applies to this Agreement.
(2) LAWS. RULES, REGULATIONS AND POLICIES
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a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 76
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal P
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.
6
ii. A provision dividing the agreement into quantifiable units of deliverables that
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must be received and accepted in writing by the Division before payment. Each deliverable must be m
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 cv
allowable costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division. �.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by 12
all applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
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(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and 2
shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties,the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Mr. Mike Lalbachan, Project Manager
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Division of Emergency Management
2702 Directors Row
Orlando, Florida 32809-5631
0
Telephone: 850-815-4571
Email: Mike.LalbachanCaD-em.myflorida.com P
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
Mr. Cary Knight, Director
6
Department of Project Management
1100 Simonton Street, Room 2-216
Key West, Florida 33040
Telephone: 305-292-4527
Email: knight-cary@monroecounty-fl.gov
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d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
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(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION �-
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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
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the original of this Agreement.
(7) SCOPE OF WORK
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The Sub-Recipient shall perform the work in accordance with the Budget and Scope of
Work,Attachment A of this Agreement.
(8) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end on November
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
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term "period of agreement" refers to the time during which the Sub-Recipient"may incur new obligations
to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-
Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the
0
period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient 76
may expend funds authorized by this.Agreement"only for allowable costs resulting from obligations P
incurred during"the period of agreement.
(9) FUNDING
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a. This is a cost-reimbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement("Budget and Scope of Work"). The
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maximum reimbursement amount for the entirety of this Agreement is$916,071.21.
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true; complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
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false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements,false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A,
that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a"performance goal", which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
0
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301,that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, CL
illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as"allowances and services provided by employers to their employees as compensation in c
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as >
0
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, N
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: c
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal E
awards; and,
iii. The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency,then the Division will reimburse the
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Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
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Florida Statutes ($6 for breakfast, $11 for lunch, and$19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
c
j. As defined by 2 C.F.R. §200.53, the term"improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
0
incorrect amount(including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such CD
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. CL
(10)RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
0
the Comptroller General of the United States, and the Division, or any of their authorized representatives, 76
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 cv
required retention period but lasts as long as the records are retained.
6
b. As required by 2 C.F.R. §200.331(a)(5), the Division,the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement,for a period of five (5)fiscal years from the date of
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completion of grant cycle or project. The following are the only exceptions to the five (5) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 5-year
period,then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
0
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient.
V. Records for program income transactions after the period of performance. In
some cases recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
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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). c
76
d. In accordance with 2 C.F.R. §200.334,the Federal awarding agency must request
2
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 N
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 c
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
cv
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,
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basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) a
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
0
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the CD
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted CL
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. c
76
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity >
2
within the ambit of the public record requirements. However,when a public entity delegates a public 0.
0.
function to a private entity, the records generated by the private entity's performance of that duty become
W
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law. c
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including E
documentation of all program costs, in a form sufficient to determine compliance with the requirements CD
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and objectives of the Budget and Scope of Work-Attachment A- and all other applicable laws and
regulations.
(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
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§200.49, GAAP"has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
0
compliance.
e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(i), Florida Statutes, as"an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient's fiscal year.
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f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
0
DEMSingle_Audit@em.myflorida.com
OR c
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
6
to the Federal Audit Clearinghouse by submission online at: z
http://harvester.census.gov/fac/collect/ddeindex.htmI
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMSingle_Audit@em.myflorida.com
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OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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(12)REPORTS
a. Consistent with 2 C.F.R. §200.328,the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division. LU
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.
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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.
0
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division,then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division"means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in CL
Attachment F.
(13)MONITORING
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a. The Sub-Recipient shall monitor its performance under this Agreement, as well as 76
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to P
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be.done for each function or activity in Attachment A to this Agreement, and reported in the
quarterly report.
6
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
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(14)LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient
shall hold the Division harmless against all claims of whatever nature by third parties arising from the
work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
0
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract. CD
(15)DEFAULT
If any of the following events occur("Events of Default"), all obligations on the part of the
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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
0
liable to make any further payment if:
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any c
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
6
b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16)REMEDIES
If an Event of Default occurs, then the Division shall, after thirty calendar days written
'notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
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a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty tj
days prior written notice of the termination. The notice shall be effective when placed in the United
States,first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub-Recipient to determine the
0
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring CD
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs 0
incurred for any items determined to be ineligible; CL
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in c
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or >
2
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
(17)TERMINATION
a. The Division may terminate this Agreement for cause after thirty days written notice.
6
Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations, z
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty calendar day's prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
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notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)PROCUREMENT
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
cv
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled"Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall"maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub-
CL
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or
0
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 P
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen
(15) days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent
with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement
6
standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k), the Division will not-substitute its judgment for-that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains
bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies
any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
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I. Terminate this Agreement in accordance with the provisions outlined in ca
paragraph (17) above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or LU
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324,the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations,
CL
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: c
i. Terminate this Agreement in accordance with the provisions outlined in
2
paragraph (17) above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
subcontract.
N
f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is
bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal c
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law. CD
C
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:
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i. Place unreasonable requirements on firms in order for them to qualify to do cJ
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with CD
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
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i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise,the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. c
76
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes.
2
k. The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b),
Florida Statutes.
I. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally;the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses,women's business enterprises, and labor surplus area
firms").
(19)ATTACHMENTS
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a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
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c. This Agreement has the following attachments: CJ
i. Exhibit 1 - Funding Sources
ii. Attachment A—Budget and Scope of Work
iii. Attachment B—Program Statutes and Regulations
iv. Attachment C—Statement of Assurances
V. Attachment D—Request for Advance or Reimbursement
vi. Attachment E—Justification of Advance Payment
vii. Attachment F—Quarterly Report Form
viii. Attachment G—Warranties and Representations
ix. Attachment H—Certification Regarding Debarment
X. Attachment I—Federal Funding Accountability and Transparency Act
0
A. Attachment J—Mandatory Contract Provisions
(20)PAYMENTS E
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
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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
0
made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting P
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-
Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement.
0
c. If the necessary funds are not available to fund this Agreement as a result of action
- by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
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(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management LU
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.
0
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
CL
Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
0
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision 76
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision c
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336, 42 U.S.C. Section 12101 et seg. , which prohibits discrimination by-public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
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excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list tj
or on the discriminatory vendor list.
f. Any Sub-Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief,that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
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,
0
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged-by a
governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph
(22)f. ii. of this certification; and, CD
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, CL
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition,the Sub-Recipient shall send to the Division (by email or by
facsimile transmission)the completed "Certification Regarding Debarment, Suspension, o
76
Ineligibility And Voluntary Exclusion" (Attachment H)for each intended subcontractor which Sub-
2
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this o
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly-funded contracts to any c®
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
cv
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INK)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
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contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by CJ
the Division.
I. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids c
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be m
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:
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i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the P
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be N
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
6
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,-grant, loan or cooperative agreement,-the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. c=
iv. This certification is a material representation of fact upon which reliance was cv
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
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(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall N
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
0
services performed under this Agreement, or in any way connected with it,the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State CL
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 c
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such
0
property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and 0.
copyrights which accrue during performance of the Agreement. `-'
W
d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant CD
CD
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 c
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes. c®
(25)LEGAL AUTHORIZATION cV
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement. m
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
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(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b),the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause: N
c
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 c
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national E
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the CL
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without c
regard to race, color, religion, sex, or national origin.
0
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other W
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
6
iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
V. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
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ineligible for further Government contracts or federally assisted CJ
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1)through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant N
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however, that in the event a contractor becomes involved in, or c
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 E
the United States.
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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
CL
work: provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub-Recipient agrees that it will assist and cooperate actively with the c
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
0
subcontractors with the equal opportunity clause and the rules, regulations,and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist N
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or c
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for CD
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
cv
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
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assurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI-KICKBACK ACT
c
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be N
applicable, which are incorporated by reference into this contract.
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ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
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(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers,then any such contract
0
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department 76
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required P
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 N
in the work week. The requirements of 40 U.S.C. 3704 are applicable to.construction work and provide
6
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)
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).
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(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.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).
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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.
0
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in E
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 CL
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.
0
(31)BYRD ANTI-LOBBYING AMENDMENT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, P
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of$100,000 or more shall file N
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 c
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.
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(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
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a. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to procure m
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
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affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus CJ
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules,where the requirement permits,which
encourage participation by small and minority businesses, and women's business enterprises;
0
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as CL
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The"socioeconomic contracting" requirement outlines the affirmative steps that the c
76
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
2
steps to involve small and minority businesses and women's business enterprises. 0.
d. The requirement to divide total requirements,when economically feasible, into
W
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 c
utilize streamlined acquisition procedures (e.g. "project splitting").
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(33)ASSURANCES
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment C. �+
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement."
F1 4
SUB-RECIPIENT: MONROE COUNTY BOARD OF COUNTYap
ST
COMMISSIONERS � ' t _ I'�MADOK, CLERK
Name and Title: eather arru ers, Mayor Deputy Clerk
0
ao�9
Date: ,t APPROVED AS TO FORM:
MONROE COUNTY ATTORNEY'S OFFICE
•i.t
( Digitally signed by Cynthia L.Hall
DN:cn=Cynthia L.Hall,o=Monroe
County BOCC,ou,email=hall- CD
STATE OF FLORIDA cynthla@monroecounty-fl.gov,-us tm
Date:2019,12.06 14:38:38-05'00'
DIVISION OF EMERGENCY MANAGEMENT
GEMENT
s By: E. Anderson, CL
for
Name and Title: Jared Moskowitz, Director
Date: >
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EXHIBIT—1 c,
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant _
Catalog of Federal Domestic Assistance title and number: 97.039
Award amount: $916,071.21 C44
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THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program: CL
1. Sub-Recipient is to use funding to perform the following eligible activities:
Other projects that reduce future disaster losses
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this c
76
Agreement, or will be in violation of the terms of the Agreement.
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Attachment A
Budget and Scope of Work
STATEMENT OF PURPOSE:
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The purpose of this Scope of Work is to provide a FEMA P-361 standards safe room at a new Emergency
Operations Center (EOC) in Marathon, Monroe County, Florida, funded through the Hazard Mitigation
Grant Program(HMGP) DR-4337-66-R,as approved by the Florida Division of Emergency Management _
(Division) and the Federal Emergency Management Agency (FEMA).
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The Sub-Recipient, Monroe County Board of County Commissioners, shall conduct Phase I—Design of
this project, which includes the engineering designs and calculations, surveys, permitting, and notices.
No construction activities are approved at this time. The Sub-Recipient shall complete the Phase I
work in accordance with all applicable federal, state and local laws, regulations and codes.
PROJECT OVERVIEW: O
As a Hazard Mitigation Grant Program project,the Sub-Recipient proposes to construct a new Emergency
Operations Center—Safe Room to FEMA P-361 standards,at 9000 Overseas Highway,Marathon, Florida
33050. Coordinates: (24.720930, -81.061713).
The scope is for Phase I only; which includes but is not limited to surveying, engineering, design, plans
preparation, permitting and bidding for the proposed project, for Phase 11 approval. A Benefit Cost
Analysis (BCA) based on information provided in good faith by the Sub-Recipient to the State has been
conducted, understanding that a fully developed project is expected for Phase II. CL
When Phase I is completed, the Sub-Recipient must provide 100% completed designs, calculations, a
full set of signed and sealed plans, and permits for a Phase II review. A final BCA using developed
technical data and study results shall take place. No assumptions or historical damage shall be
acceptable for final BCA of Phase 11 approval. No construction activities for this project have been
approved.
The proposed Phase II scope of work shall include construction of a new Emergency Operations Center 01,
to FEMA P-361 standards for Monroe County, designed to protect against 220 mile-per-hour or above 0.
0.
wind speed in order to serve the first responders, emergency managers, and other disaster staff which
must remain behind in the event of a hurricane impacting Monroe County. W
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Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All N
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installations shall be in strict compliance with the FEMA-361 specifications, and all materials shall be
certified to meet wind and impact standards. The local municipal or county building department shall
inspect and certify installation according to the manufacturer specifications.
The generator shall be protected against a 500-year flood event by implementing specific activities or by
locating the generator(s) outside the Special Flood Hazard Area (SFHA) and shall be protected against E
wind with a rated enclosure based on its location requirements. Activities shall be completed in strict
compliance with Federal, State-and Local Rules and Regulations.
TASKS&DELIVERABLES: r
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A) Tasks:
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1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor/vendor
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/vendor
in accordance with the Sub-Recipient's procurement policy as well as all Federal and State Laws
and Regulations.
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All procurement activities shall contain sufficient source documentation and be in accordance with
all applicable regulations.
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended °3
from participating in federally funded projects.
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The selected contractor shall have a current and valid occupational license/business tax receipt
issued for the type of services being performed.
The Sub-Recipient shall provide documentation demonstrating the results of the procurement
process. This shall include a rationale for the method of procurement and selection of contract type, _
contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price.
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The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form"for each contractor and/or subcontractor performing services under this agreement.
The Sub-Recipient shall provide executed contracts with contractors and/or subcontractors to the
Division.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform c
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 the selected contractor. m
2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in accordance with
the Hazard Mitigation Grant Program application and supporting documentation as submitted to the CD
Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render
a Phase II determination upon completion of the review of Phase I deliverables. No construction
activities are approved at this time. The Sub-Recipient shall ensure that all applicable state, local
and federal laws and regulations are followed and documented, as appropriate.
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Phase I consists of fees; for conducting survey, study, engineering, design, public notices, and/or
permitting associated with the design of a FEMA P-361 Standards structure. Verification shall be
necessary for determining project eligibility.
All Phase I work shall be completed in accordance with all applicable state, local and federal laws
and regulations and documented, as appropriate.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient
0.
supporting documentation, and provide a summary of all contract scope of work and scope of work 0.
changes, if any.Additional documentation shall include: <
a) Copy of permit(s), notice of commencement.
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b) Two sets of engineering Signed/Sealed final design and analysis, and surveying.
c) Peer Review (Reference: FEMA P-361 Safe Room, 131.2.2) — shall include review of elements c
associated with structural design (including missile impact resistance), occupancy, means of
egress, access, and accessibility, fire safety, and essential features (such as ventilation,
sanitation, and backup power). E
The registered design professional performing the peer review should not be the same registered
design professional who is providing the design oversight. Signed/Sealed Report shall be
submitted. The Report shall include detailed descriptions of the items reviewed, whether or not
the items are compliant with the applicable standards and codes, whether or not the safe room
design is acceptable.
d) Construction Plans and bid documents.
e) A copy of the O&M plan (operations and maintenance plan).
f) Revised cost estimate for Phase II — construction (include Phase I costs), to implement the
design project.
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g) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection CJ
requirements on all products proposed to be utilized.
h) Color aerial map with the project area clearly marked. °3
i) Color photographs of the project area.
j) Proof of compliance with Project Conditions and Requirements contained herein.
k) Any other documentation requested by the Division, not limited to Project Conditions and
Requirements herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with
each reimbursement request attesting to the completion of the work,that disbursements or payments
were made in accordance with all agreement and regulatory conditions, and that reimbursement is
due and has not been previously requested.
The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices
are accurate and any contracted services were rendered within the terms and timelines of this
agreement. All supporting documentation shall agree with the requested billing period. All costs
submitted for reimbursement shall contain adequate source documentation which may include but
not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and
invoices, payrolls,time and attendance records, contract and subcontract award documents.
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The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by subcontractors and
pay subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all
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 76
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed P
information describing tasks performed, hours devoted to each task, and the hourly rate charged for 0.
0.
each hour including enough information to calculate the hourly rates based on payroll records.
Employee benefits shall be clearly shown. CD
The Division shall review all submitted requests for reimbursement for basic accuracy of information. N
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.
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The Sub-Recipient shall submit to the Division requests for reimbursement of actual Phase I costs
related to the project as identified in the project application and this scope of work. The Requests
for Reimbursement(RFR) 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;
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b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as costs being °3
applied against the local match amount.
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The Sub-Recipient's Request for Reimbursement shall include the final Phase I project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B) Deliverables:
Mitigation Activities consist of Phase I activities, which include engineering, designing, plans
preparation, permitting and bidding for the proposed project, for Phase II approval, to implement
measures to harden a new Emergency Operations Center to FEMA P-361 Standards, located at
9000 Overseas Highway, Marathon, Florida 33050. ,
Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans.
All installations shall be in strict compliance with the FEMA-361 specifications, and all materials shall
be certified to meet wind and impact standards. Protection shall be designed to withstand a wind
speed of 220 MPH.
The generator shall be protected against a 500-year flood event by implementing specific activities E
or by locating the generator(s)outside the Special Flood Hazard Area (SFHA)and shall be protected
against wind with a rated enclosure based on its location requirements. Activities shall be completed
in strict compliance with Federal, State and Local Rules and Regulations.
Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or
retrofitted window or door coverings must conform to design drawings that are signed, sealed,
and inspected by a structural engineer who is registered in this state. The Sub-Recipient shall CL
provide an inspection report and attestation or a copy of the signed and sealed plans to the
Division before payment will be made.
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.
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PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering: '✓
1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to complete the cv
project. Wind protections shall be provided on any other opening such as vents, louvers and exhaust
fans. All installations shall be in strict compliance with the FEMA-361 specifications, and all proposed
materials shall be certified to meet wind and impact standards.
2) Design documents shall provide a detailed description that includes specifics on project scope of
work, depth and extent of ground disturbance at all construction locations of the project. E
3) Submit a refined cost estimate, to include Phase I Fees and Phase II Construction Materials and
Labor.
4) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protection requirements on all products utilized. c®
5) All activities shall be done in strict compliance with the Florida Building Code. All proposed materials
shall be certified to exceed the wind and impact standards of the current local codes.
6) The Sub-Recipient shall provide a copy of the O&M Plan (Operations and Maintenance Plan).
7) Peer Review (Reference: FEMA P-361 Safe Room, B1.2.2) — shall include review of elements
associated with structural design (including missile impact resistance), occupancy, means of egress,
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access, and accessibility, fire safety, and essential features (such as ventilation, sanitation, and CJ
backup power).
The registered design professional performing the peer review should not be the same registered °3
design professional who is providing the design oversight. Signed/Sealed Report shall be submitted.
The Report shall include detailed descriptions of the items reviewed, whether or not the items are 12
compliant with the applicable standards and codes, whether or not the safe room design is
acceptable.
D) Environmental: _
1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and
other Laws and Executive Orders.
2) Acceptance of federal funding requires the Sub-Recipient to comply with all federal, state, and local o
laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances
may jeopardize federal funding.
3) Historical Preservation compliance documents shall be obtained. Review documentation required: o
a) Color aerial map with the project area clearly marked.
b) Color photographs of the project area (electronic) E
c) Indicate if project site is located within a designated historic district or historic neighborhood. CD
C
4) Phase I of this project is approved with the condition that the above list of deliverables shall be
submitted for review and approval by the Division and FEMA before Phase II is considered.
5) No construction work may begin until Phase II is approved by the Division and FEMA. CL
E) Programmatic:
1) The Sub-Recipient must notify the Division as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower costs or earlier completion.
2) The Sub-Recipient must"obtain prior written approval for any budget revision which would result in 01,
a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 0.
0.
3) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables <
shall be submitted 30 days prior to the Period of Performance date, for review and approval by the
Division,for submittal to FEMA for closeout. cv
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 o
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 m
FEMA.
5) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR
206.191.
6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
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This is FEMA project number 4337-66-R. Is funded under HMGP, FEMA-Irma-DR-FL and must adhere
to all program guidelines established for the HMGP in accordance with the PAS Operational
Agreement for Disaster 4337.
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FEMA awarded this project on April.26, 2019; with a Pre-Award date of January 23, 2018; this
Agreement shall begin upon execution by both parties, and the Period of Performance for this project
shall end on November 30, 2020. 0i
0
F) FINANCIAL CONSEQUENCES:
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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: o
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
5) Take other remedies that may be legally available.
SCHEDULE OF WORK
State/Local Contracting: 3 Months
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Design, Engineering: 9 Months
Peer Design: 3 Months
Permitting: 3 Months
Final Deliverables for submittal: 1 Month
Total Period of Performance: 19 Months
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BUDGET
Line Item Budget*
Project Cost Federal Share Non-Federal Share cv
Materials: $0.00 $0.00 $0.00
Labor: $0.00 $0.00 $0.00 O
Fees: $2,211,835.00 $911,845.57 $1,299,989.43
Pre-Award: $10,250.00 $4,225.64 $6,024.36 E
Initial Agreement Amount: $2,222,085.00 $916,071.21 $1,306,013.79
***Contingency Funds: $0.00 $0.00 $0.00
Project Total: $2,222,085.00 $916,071.21 $1,306,013.79 N
T_
*Any line item amount in this Budget may be increased or decreased 10% or less, with the division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
This.project has a Pre-Award, approved by FEMA in the amount of$10,250.00 project costs with a start
date of January 23, 2018.
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*** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation
Assistance Guidance Part Vl, D.3.4— Contingency funds are not automatically available for use. Prior
to their release, contingency funds must be re-budgeted to another direct cost category and identified. °3
Post-award changes to the budget require prior written approval from the Division (FDEM). The written
request should demonstrate what unforeseen condition related to the project arose that required the use 12
of contingency funds.
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Project Management costs are included for this project in the amount of$37,500.00
Funding Summary
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Federal Share: $916,071.21 (41.22575014%)
Non-Federal Share: $1,306,013.79 (58.77424986%) o
Total Project Cost: $2,222,085.00 (100.00%) 2
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Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally 12
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; o
(4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and
0
(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 E
following:
The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A(Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not
CL
deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient
shall comply with any and all applicable codes and standards in performing work funded under this
Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Sub-recipient and
any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses 0.
authorized for, only those uses which are permitted under the comprehensive plan and land development 0.
regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and
any development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land
use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall
be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
The Sub-recipient will provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the completed work conforms with the approved plans and CD
specifications and will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project,then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property shall record in the public records of the county where it is located the cv
following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or
from which a structure will be removed pursuant to the project.
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
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(2) No new structure will be erected on property other than:
a. a public facility that is open on all sides and functionally related to a designed open
space;
b. a restroom; or �.
(3) A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
(4) After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
(5) If any of these covenants and restrictions is violated by the owner or by some third party N
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of c
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.
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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).
0)
The National Environmental Policy Act(NEPA) stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of Work(SOW) shall be reviewed by all State and Federal agencies
participating in the NEPA process.
As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing
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changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
(1) For Construction projects, the grantee must"obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13(c));
(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the >
budget implications; and
(3) The Sub-recipient must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion,
or favorable conditions allowing lower cost or earlier completion. Any extensions of the
period of performance must be submitted to FEMA sixty days prior to the project
expiration date.
6
The Sub-recipient assures that it will comply with the following statutes and regulations to the
extent applicable:
(1) 53 Federal Register 8034
(2) Federal Acquisition Regulations 31.2
(3) Section 1352, Title 31, US Code �+
(4) Chapter 473, Florida Statutes
(5) Chapter 215, Florida Statutes
(6) Section 768.28, Florida Statutes
(7) Chapter 119, Florida Statutes
(8) Section 216.181(6), Florida Statutes
(9) Cash Management Improvement Act of 1990
(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act
(13) Section 286.011, Florida Statutes
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(14) 2 CFR, Part 200—Uniform Administrative Requirements, Cost Principles, and Audit CJ
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(18) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(19) Victims of Crime Act(as appropriate)
(20) Section 504 of the Rehabilitation Act of 1973, as amended
(21) Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990)
(22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part 39
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(23) 42 U.S.C. 5154a
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Attachment C tJ
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management(DEM), including all understandings and assurances contained in it,
and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Sub-recipient or its designees or agents, no member of the governing body of o
the locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the E
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 0
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient CL
for eligible contract work completed prior to the date the notice of suspension of funding was
received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under this Agreement
unless previously approved in writing by the Division. All Sub-recipient contracts shall contain
provisions for termination for cause or convenience and shall provide for the method of payment _
in such event;
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(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act.of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant c®
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 cv
otherwise subjected to discrimination under any program or activity for which the Sub-
recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the Sub-
recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of
such property, any transferee,for the period during which the real property or structure is
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used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination °3
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 12
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 112.3135, Florida Statutes;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for"kickbacks" of wages in federally financed or assisted construction
activities;
(i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees; CL
Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in c
any area having special flood hazards. The phrase"Federal financial assistance" includes any >
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or P
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm c
(k) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19.6
for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub-
recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
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(1) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation.
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C.469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR, Section 800.8) by the proposed activity; and
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(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency,the Florida State Historic Preservation
Office,the Florida Division of Emergency Management and the Advisory Council 12
on Historic Preservation, (PA)"which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800.
(4) When any of the Sub-recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency
Management Agency (FEMA) may require the Sub-recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and suggest
methods of repair or construction that will conform with the recommended approaches
set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for o
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register o
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Sub-recipient
agrees to participate in consultations to develop, and after execution by all parties, to E
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:
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subsurface disturbance; removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Sub-recipient on any 76
feasible steps to be accomplished to avoid any National Register eligible archeological
property or will make recommendations for the development of a treatment plan for the 0.
recovery or archeological data from the property. 0.
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 N
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 c®
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be cv
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub-
recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Sub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all <
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reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will
require, and the Sub-recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the property.
(7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when,with intent to avoid the requirements of the
PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a
historic property, or having the legal power to prevent it, allowed such significant adverse
effect to occur. �.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-
1683 and 1685-1686)which prohibits discrimination on the basis of sex;
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(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
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(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
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(p) It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C. 4821 et seq.)which
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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;
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(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
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(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and >
2
Title VI of the Civil Rights Act of 1964 (P.L. 88-352),which prohibits discrimination on the basis of
race, color or national origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
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(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
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(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation CD
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Act of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National N
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
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(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe CJ
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638,which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system; N
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; c
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and E
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Sub CL
-
recipient and its demolition contractor have sufficient manpower and equipment to
comply with the obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to >
inspect buildings located in the Sub-recipient's jurisdiction to detect the presence of c
asbestos and lead in accordance with requirements of the U.S. Environmental Protection
Agency, the Florida Department of Environmental Protection and the County Health
Department.
(4) Provide documentation of the inspection results for each structure to indicate: N
a. Safety Hazard Present
b. Health Hazards Present c
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Sub-recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor's work. N
(8) Obtain all required permits.
(9) Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
(10) Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act(Public Law 94-163).
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(11) Comply with all applicable standards, orders, or requirements issued under Section 112 CJ
and 306 of the Clean Air Act(42 U.S.C. 1857h), Section 508 of the Clean Water Act(33
U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities.
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Attachment D U
DIVISION OF EMERGENCY MANAGEMENT m
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
SUB-RECIPIENT: Monroe County Board of County Commissioners
REMIT ADDRESS:
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CITY: STATE: ZIP CODE:
PROJECT TYPE: FEMA 361 EOC-Safe Room PROJECT#: 4337-66-R
PROGRAM: Hazard Mitigation Grant Program CONTRACT#: H0206
APPROVED BUDGET: FEDERAL SHARE: MATCH:
ADVANCED RECEIVED: N/A AMOUNT: SETTLED?
Invoice Period: To Payment#:
Eligible Amount Obligated Federal Obligated Non- cu
Division Use Only
100% Amount Federal
(Current Request) 41.22575014% 58.77424986% Approved Comments CL
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TOTAL CURRENT REQUEST: $ 76
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By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, 0.
and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and 0.
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
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otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. cv
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SUB-RECIPIENT SIGNATURE:
NAME/TITLE: DATE:
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TO BE COMPLETED BY THE DIVISION
APPROVED PROJECT TOTAL $
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ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
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APPROVED FOR PAYMENT $
DATE
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SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT cJ
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MTIGATION ASSISTANCE PROGRAM
SUB-RECIPIENT: Monroe County Board of County PAYMENT#:
Commissioners
PROJECT TYPE: FEMA 361 EOC-Safe Room PROJECT#: 4337-66-R
PROGRAM: Hazard Mitigation Grant Program CONTRACT#: H0206
REF NOZ DATES DOCUMENTATION° (Check) ELIGIBLE
AMOUNT COSTS
100%
1
2
3
4 CL
5
0
2
6
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7
0
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2
9
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This payment represents % completion of the project. TOTAL
2 Recipient's internal reference number(e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule#)
3 Date of delivery of articles, completion of work or performance services. (per document)
List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor)by category(Materials, Labor, Fees) and line item in the approved project line
item budget. Provide a brief description of the articles or services. List service dates per each invoice.
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Attachment E U
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT: Monroe County Board of County Commissioners m
If you are requesting an advance, indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of$ is requested. Balance of payments
will be made on a reimbursement basis. These funds are needed to pay
staff, award benefits to clients, duplicate forms and purchase start-up N
supplies and equipment. We would not be able to operate the program
without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for 90 days. o
Submit Attachment D with the cost share breakdown along with Attachment E and all supporting
documentation.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three
(list applicable line items) Months of Contract CL
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES �--
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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 o
shows the advance will be expended within the first ninety (90) days of the contract term. Support
documentation should include quotes for purchases, delivery timelines,salary and expense
projections, etc.to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety(90) days of the contract term. Any advance funds not �+
expended within the first ninety (90) days of the contract term as evidenced by copies of invoices c®
and cancelled checks as required by the Budget and Scope of work showing 100% of
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expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak
Boulevard,Tallahassee, Florida 32399,within thirty (30) days of receipt, along with any interest
earned on the advance.
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Attachment F CJ
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
Instructions: Complete and submit this form to the appropriate Project Manager within 15 days of each
quarter's end date.
Monroe County Board of County
SUB-RECIPIENT: Commissioners PROJECT M 4337-66-R
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PROJECT TYPE: FEMA 361 EOC-Safe Room CONTRACT M H0206
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PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING:
Advance Payment Information:
Advance Received ❑ N/A❑ Amount: $ Advance Settled?Yes❑ No❑
Provide reimbursement Projections for this project(projections may change):
Jul-Sep 20_ $ Oct-Dec 20_ $ Jan-Mar 20_ $ Apr-Jun 20_ $ E
Target Dates:
Contract Initiation Date: Contract Expiration Date:
Estimated Project Completion Date:
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Project Proceeding on Schedule? ❑Yes ❑ No (If No,please describe under Issues below)
Percentage of Work Completed (may be confirmed by state inspectors): %
Describe Milestones achieved during this quarter:
Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) o
Milestone Date
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Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost:
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Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget 2
Additional Comments/Elaboration:
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NOTE: Division of Emergency Management(DEM)staff may perform interim inspections and/or audits at any time.
Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated
overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, cv
otherwise you may be found non-compliant with your sub grant award.
Person Completing Form: Phone:
To be completed bV Division staff—
Date Reviewed: Reviewer.-
Actions:
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Attachment G
Warranties and Representations
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Financial Management
The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the o
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 Hours
The Sub-Recipient shall have its offices open for business,with the entrance door open to the
public, and at least one employee on site, from: 8:00 AM -5:00 PM, Monday Thru Friday, as
applicable.
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Licensing and Permitting
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub-Recipient.
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Attachment H tj
Certification Regarding
Debarment, Suspension; Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
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(1) The prospective subcontractor, of the
Sub-Recipient certifies, by submission of this document, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR
By; Monroe County Board of County
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Commissioners
Signature Sub-Recipient's Name
H0206
Name and Title DEM Contract Number
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4337-066-R
Street Address FEMA Project Number
City, State, Zip �--
Date
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Attachment I
Federal Funding Accountability and Transparency Act tj
Instructions and Worksheet
PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
federal awards (federal assistance and expenditures) be made available to the public via a single,
searchable website, which is http://www.usaspending.gov/.
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management("FDEM" or"Division") must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obligate$25,000 or more in Federal funds
0
(excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5).
0
Note: This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion.All pertinent information below
should be filled out, signed, and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM's issuance of a sub-
award (Agreement)that obligates$25,000 or more in federal funds as described above. Please
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provide the following information and return the signed form to the Division as requested.
PROJECT#: 4337-66-R
FUNDING AGENCY: Federal Emergency Management Agency
2
AWARD AMOUNT: $916,071.21
OBLIGATION/ACTION DATE: April 26, 2019
SUBAWARD DATE (if applicable):
DUNS#: 073876757
DUNS#+4:
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*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME: Monroe County Board of County Commissioners
DBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1: 1100 Simonton Street
ADDRESS LINE 2:
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ADDRESS LINE 3:
CITY Key West STATE FL ZIP CODE+4** 33040
PARENT COMPANY DUNS#(if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): o
DESCRIPTION OF PROJECT (Up to 4000 Characters)
The Monroe County Board of County Commissioners proposes to construct a new Emergency Operations
Center— Safe Room to FEMA P-361 standards, at 9000 Overseas Highway, Marathon, Florida 33050.
Coordinates: (24.720930, -81.061713).
The scope is for Phase I only; which includes but is not limited to surveying, engineering, design, plans
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preparation, permitting and bidding for the proposed project, for Phase II approval. A Benefit Cost
Analysis (BCA) based on information provided in good faith by the Sub-Recipient to the State has been
conducted, understanding that a fully developed project is expected for Phase II.
When Phase I is completed,the Sub-Recipient must provide 100%completed designs, calculations, a full
set of signed and sealed plans, and permits for a Phase 11 review. A final BCA using developed technical
data and study results shall take place. No assumptions or historical damage shall be acceptable for final
BCA of Phase II approval. No construction activities for this project have been approved.
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 o
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4**
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CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: cv
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
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1. In your business or organization's previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance(e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to
the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross m
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 0
If the answer to Question 1 is "Yes,"continue to Question 2. If the answer to Question 1 is "No".
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes ❑ No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at http/iwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
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appearing below to report the"Total Compensation"for the five(5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as"officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus. �--
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments. o
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
V. Above-market earnings on deferred compensation which is not tax-qualified.
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vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property)for the executive exceeds$10,000.
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TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion ) tj
Rank Total Compensation
(Highest to Name for Most Recently
Lowest) (Last, First, MI Title Completed Fiscal Year
1
2
3
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4
0
5
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THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCU TE.
SIGNATURE:
ather Car uthers, ayor
NAME AND TITLE:
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DATE:
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APPROVED AS TO FORM AND CONTENT
MONROE COUNTY ATTORNEY'S OFFICE
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Digitally signed by Cynthia L.Hall E
DN:cr,=Cynthia L.Hall, 0)
• �. / /J o=Monroe County BOCC,ou,
email=hall-
cyn t h is@mon roecou n ty-fl.gov,
-c=u5 Z 0)
Date:2019.12.19 12:35:27-05'00' CD
CD
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Attachment J
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required
provisions. The Division provides the following list of sample provisions that may be required:
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lb1B:Guidance 'Pt.200i App.it Ca
(D)`Davis=Buyout Aot,as amended.(46 U;5.0. materials or articles ordinarily A allable'bb
3141 3148).When rogvlreci:lia'Fsdeial.proram the•open inarhet;or contracts for tri3nspor- d5
Iasi lat]on,,all prlme:con..tructlon contracts tation or transmission of intelltgenC9. ¢
in excess of.S2,000 att-atdeil by Bon-Federal (F)`Right's to-Inventions:Made`Under:•a
entities.must;inekude aprovision for'compContract orAgreemenLIf.the Federal,avrard-
3IICe:.,with th8...Wv15-B3can.A6t (40 U;S-.C. meats,the:de£Llkltion.of�Lfunaln?.3grBBn7eI11"i
319i-3194,and 314fr3148) a, supplomanted-by under 27,CPR§401 2,(a)and thb r®ctpient.or.
Department of,Labor reaulAions,(29 CM. 'sdbredlplant,Ylshe3 to enter Into a''contract
Part 5, Lai ar.Standards Provisions.Appll with a small business ftrm or'nonprofit,orga-
cable to Coutrace -Covering Federallyw_e Ft-' hiaa.tion rPgardiu9 the tubxAltation'of,par-
nanced and-Assisted Construction"), In:ac- assi_gmnant-.or performs cis of experi-
cordlance.with th®'statnte,contractors'must mental, developrnLaptal, or research: '.work ¢
be requlred:to pay*&ges to labbrors'and me under that-'finding.agreufiaht.'the'irecipl= .
chanics at a rats:*not less thaw the prevailing eat;or.sibrecipient must comply with these- N
wags,specified in a wage determination quirements'of 37 CPR Part 401,`Riohtu to`lh,
made by the:Secretary of Labor. is
In addition, ventio Made by'Nonprofit Orga.ni7.ations
contractors must be required;to pay wages and`Small. Business-P1rms_Under, dovacn- C
not•le'ss than,once a weep_The non Pederal ment Grants Contracts and Cooporatis_e
entity must place a-copy of the,current pre- Agreements,"anti dn.Y implomantlna'regula- U
a1I1ng wags determination issued by the'Y}p- tsons issued by the-awarding agency.`'
partment of'Labor in each.solicitatton Thu (G)Clean Air Act(42 U.S'C-7401-7G,1q.)and
decision to award a contrast or subceutaact the Federal Water Pollutton.Control Act(33
must be conditioned,upon the acceptance,of LT S.C.-1 1-138n);as amended=Contracts and
mt the wage daternation.The non-Pederal en- submtnt of amounts,in excess of-'S150:060.
titylmnst report all suspected,or•eeportefl ust m contsln.:y provision that requires;the
,61olations to the Federal awarding agency. non-Pederal award to agree to comply with 0)
Thu contracts must also-include a provlsiari all applicable standards, orders or regula-
tor compliance with the :Copeland '-`Ant l= dons issued pursuant to the Clean Air Act 0)
Kickback" Act (40 M&C, 3145), as.supple- (42:t?.S.C. 7901 7Ge1q)apd the Federal Water
imented by Department of Labor.,regulatians Pollution Control Act as amended(33 U.S.C.
(29 CPR ParL.3, "Contractors and' Sub- 12_�1-1337).Vsolatiiines,must be reported:to the
contractors on Public Building or Public Pederal awardine agency and.the Regional
Work Financed 1n Whole or in Part by.Loans. Office' of the avironmental Protection
or Grants from the United 5:tatas'�,The eat Ageney.t71PA). �
provides• that each: contractor or .sub �>) blandatery standards and policies•re-
reclpieut must be prahfhlted from inducing, late ':to energ,, efFlciency which are Cao-
by any means:-ate person employed in the twined in the stata energy conservation plan CL
construction,completion,or r6pa1r.of public Issued in compliance*iE the Energy,, Policy
work,to give up any part of the compensa- and Conservation Act(42 U.S.C.6201).
Lion to which he or she.is otherw,Ise.untitled. (I)'Debarment aiiii Suspension (Executive
The non-Federal entity must report all sus- orders 1249 and 12GS)—A contract 'award
p2oted or reported viiolations to the Pederal (tee 2 CFR Lf10_ )anust not be mdd.a't6 par- its
awarding agenc-� ties'listedl on the governmentvftd6-Excluded
(E) Xontract' Work Flours and. Safety Parties LIst.System in the System for-Award-Standards Act (40 il_S_C. 3701-M03). Where Management(SAKI),.in accordance Leith the
applicable,all contracts awarded by the nun- ONM guidelines at'2 CPR 180 that implement >
Federal entity in.excess of.$100.040 tliat ln- kaeoutive Orders_.1 549 (3 CPR.:Part IM
volde the empleymant of mechanics or tabor- Comp., p_ 109).aad 12G89'(3 CPR Part 1989
ors must include a provision for cornplianeb Comp...p_235),"Debarment and Suspension."
with 40 U.S.C.'3702'and 3701,asodpplemented The Excluded Parttos List System In SAM
by Department of Labor regnlatlons'(29 CPR contains the names of parties debarred.sus_
Part'5).Under 40 U.S.C.3702 of ct'tho'A ,each pendod,or otherwis@.excluded by.�Woneies,as
contractor must be regnlred to coin: ute.the well as partles daolared ineligible under stet_
wages of ever*mechanic;and laborer on the 'story oe regu]atory authority'otbar than Ex- N
basis of a standard work..week of 40 Hours. acutive Order 1254 ;
Work in excess of the standard work Reek,is (S) Byrd Anti-Lbbbymgnie� ndmeut (31
permissible provided that the worker is com- U.S.C.-1352)-Contractors that apply or bid C
pamatgd at a rata.of not less than,one and a for an award of$100,000 Or more must Ella the
half times the basic rate of plc for all'hour.- required.cartihc.ition.Each;tier cartifles to
worked In excess of 4Q of 40 U',S.hours in the work the tder atone that It will not and has'not
wee
PF k:The-iegnlremQrits ..w O.aiUM are, usadTederal appropriated funds to pug any
e licable to.constrnction ork and provide person:or organization for lnfiuenclng or at E
that,no laborer or•mechanic: must be re- tempting.to:influence an officer or employee 0)
quired to work in surroundings _or.=under of auy age my;a member,of Congmss;officer. �
working conditions_ which are unsamta.r , ®r employee of Concress or an employee of.a
hazardous or.dangerous.These redluirement; member of Congress�In conhabntibn with oh-
do not apply to the purchases-af'sdpplles or tatning any Federal contract, grantor anv
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PL 200,App.111 2 CER Ch.iI 01 1"14.60.11on) EJ
other award coveted by.31 U.S.G.—13a2.:_Eacb (1),S onsoied research:moans.all research,
tier'crust also,disclose any lobbyinf with and development activities that:aro.:spon- py
non-Federal funds that takas.,pinco.in con- sored.bv.'PedeiAl and.non-Pederal _ae hciles
nection,with obtkning any Federal Award. sndoiganizatldns.Thts.tzrm.lnclndes.activi-
Such disclospres'are forwarded from-filer to ties lnvolcing,tho traintise of individuals in
tier pp.ta the rion=Federal award..- re saarcli 'techniques (commonly called`re= 12
(Fi7 Sefl§2D9.392ro-Peurelrient'of recovered search training)where such activities utilize
;materials, the ;p.me facilities as:othar•ressarcb-and de=
Mopmefit activities s?ui whore such activi'>
A_PPEtvnix H1 TO PART,2(i0-INDmncT ties sre'not Included 1n'thbrinstruction'itui
(F&A) 0asTs IDEriTiFi6n11' AND tlnn
ASSIGNI�SE,N AND RATE;DEFRUMA- .(2) Unt+;ersity research Means all resesrcb�, _
TioN.• FOR. INisTiatTioN'S 'OF"g3GiIr.R and development.-activities that'_are,;spa_
EDUCATION(=S) rattily budgeted and accounted for.b'y.the In-, tV
stitatlon:under an lnb3rnal`applicatlon of lu- �
A:GE-NO L stitiitional funds: Univeisity.rose arch, for
This appendik provides.dnter]a.for_idenGl-. p°r?uses..of this document; must be com-
Eying and coinputirig rect (or indirect:
timed with.sponsored..research under the
(P&A))ratas'at IIfEs_'{institutions).fiidisect function of organised resenreh
(F&1).costs.a g tl osa that are incurred for o Uilcer sponsored actiutlies means programs
common ar.joint 0so that i and therefore and_projects financed by Federal and non=
cannot be]dentifled rez Pedaral agencies and organtzattons wlilch in-
oily and St olya the ertorm i1ce of work'other thin in-
with a particular sponsored'.projoct;.an in- p
$tractional activity, or any other institu_ s°ruction and organized research.Examples
t4onal'activity."See subsection 11.1, Deflhl- of such programs and projects are health
tion of Paotltttos and Adn11nlstrati6n. for a service projects and community service pro-
discussion of the Omponents of find, oct rams.Howavor,wban any of these,activKtles
(P&A costs are Uldartaken by tfie institution without
outside support, they'may be.elaisifiad tic-
1.Major Futiclioris Of(ill Irlsf]lution other institutional actri7tles_.
Refers to instruction,-organized rose-arch . d.Oiler tnsfthellonal writ++ttfes means all a�
others nrored activities and other-�titu- tivltios of an Institution except for InstcuC
Po, Non. departruantal research, organized re-
tional actlrltles 3s defined in tills-scctloa.
search,and.other ensured activities,as tie-
a.: fnsiraacttan means the teaching and � �
training activities'Of an trlstitutfon.Except E]ned.iu this suction;indiraot(F&:A)cost ac-
for research dining:as`provided,.in sub- tivities;IdentlEied• In this Appendix pare,
section•b.this terns includes Ali teacbing and graph B:IdentIfIcatioi and assignirient of in- CL
-
training activities,whether they tiro offered direct(P& ) costs: arid,.speclallzed services
for credits toward.a degree or certificate or facilities described in §2DD_468 Speoialtzed-
an anon-crodit basis,and whether they aro service facilities of this-Part,
Offered through regular academic depart- Examples of otliar tnstttutional activities
Monts or separate,_divisions.such as a sum- include operation of residence halls, dining
:nior school division or.an ixtenston division, balls.hospitals and clinics, stadeut.unions, its
Also considerod.part'df this major function
intercollegiate athletics,bookstores.faculty
are dopartinentsl research, and. -where housing, student apartments guest houses,
4greed to,university research chapels.theaters s public museum:and otter
(i)Sporrsored Itrishucllan Glad trainhag moans similar auxiliary eutorpri a Tvis definttion >
specific instructional or training activity es also includes any other categories of.activ]-
tablished by grant:contract.'or cooperative :ties. costs of which are +'unallotivahla" to
avreeinent, Per purposes of:the cost grta- Federal awards, unless otlik-wise indicatal
ciples, this "tivity may be consiA3rad a in an award. W
major fnactton e,en though an institution's 2,Ghiteria far blsirtbution
&c'..'.Ing.treatment may inctudfl It in the
instruction function., a.Bose-period. A base period for,distrtbu- CV
_(2) Deparimeraaaa.reseurctA means ioSQirCh. Lion.of,indiroct (P&J�) cosfzAs the peetcd
.development and scholarly activities that during which the costs are incurred_. The
are not organized_ research. acid, con- base period normally should coincide with
soquently,.-are not separately budgeted.and the fiscal year established by the'lnstitutton,
accounted for,,Departmental research.'for but to any event the-base-period should be so'
purpesos of this document,is not considered selected:as.to-avoid inequities,In the dls-
as a major function but as a part of the:m- tribution of costs_
- stractlon functionof,the'Institution: b:Ned for cost grougrItips-The overall ob- -
b. Organised.resoarcli rneans.alI research jective o_f.the iudirect,(F°&A)cost allocation E
and development activities or an'Instttution, process.is to distribute the indirect (P&A)'
that.area separately budgeted and accountei costs_described in.Section'B. Identification 2
for.It includes: and assignment of indirect (P&A) costs, to
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SUB-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: Monroe County Board of County Commissioners
PROJECT#: 4337-066-R
PROJECT TITLE: Monroe County, FEMA 361 Emergency Operations Center, Safe Room y
CONTRACT#: H0206 2
MODIFICATION #: 2
SUB-RECIPIENT REPRESENTATIVE(POINT OF CONTACT) ¢,
Cary Knight a
Director Department of Project Management
1100 Simonton Street, RM 2-216 2
Key West, FL 33040
2
Enclosed is your copy of the proposed contract/modification between Monroe County Board of
County Commissioners and the Florida Division of Emergency Management (FDEM).
COMPLETE
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❑ This form is required to be included with all Reviews, Approvals, and Submittal
❑ Signed electronic copy
❑ Reviewed and Approved u_
❑ Signed and Dated by Official Representative
❑ Copy of the organization's resolution or charter that specifically identifies the c
person or position that is authorized to sign, if not Chairman, Mayor, or Chief
❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA)
completed, signed, and dated
❑ N/A for Modifications or State Funded Agreements
❑ Electronic Submittal to the Grant Specialist Kailyn Quirk on
If you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 692-9458 or email me at Carmen.Acosta@_gM.myflorida.com.
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C.17.d
Contract Number: H0206
Project Number: 4337-66-R
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MODIFICATION TO SUBGRANT AGREEMENT BETWEEN >
THE DIVISION OF EMERGENCY MANAGEMENT AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
This Modification Number Two made and entered into by and between the State of
Florida, Division of Emergency Management ("the Division"), and Monroe County Board of
County Commissioners ("the Sub-Recipient") to modify Contract Number H0206, dated January
14, 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 Hazard
Mitigation Grant Program of$916,071.21, in Federal Funds; and m
WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and 2
WHEREAS, the Agreement shall expire on November 30, 2021; and 2
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WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the °'
Agreement and increase the Federal Funding under the Agreement.
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NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is amended to increase the Federal Funding by $44,581.12, for the
maximum amount payable under the Agreement to $960,652.33, (Nine Hundred Sixty
Thousand Six Hundred Fifty-Two Dollars and Thirty-Three Cents).
2. Paragraph 8 of the Agreement is hereby amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin January 14, 2020 and shall end May 31, 2022, unless
terminated earlier in accordance with the provisions of Paragraph (17) of this
Agreement. c
3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as
set forth in 2nd Revision Attachment A to this Modification, a copy of which is attached
hereto and incorporated herein by reference.
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4. All provisions of the Agreement being modified and any attachments in conflict with this c
Modification shall be and are hereby changed to conform with this Modification, effective
on the date of execution of this Modification by both parties.
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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.
6. 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.
Packet Pg. 1297
C.17.d
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
2
SUB-RECIPIENT: Monroe County Board of County Commissioners �-
By:
Name and Title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Director
Date:
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Approved as to form and legal sufficiency:
Monroe County Attorney's Office
11-22-2021
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Attachment A
(2"d Revision) >
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to provide a FEMA P-361 Standards safe room at a new
Emergency Operations Center(EOC) in Marathon, Monroe County, Florida, funded through the
Hazard Mitigation Grant Program (HMGP) DR-4337-066-R, as approved by the Florida Division
of Emergency Management (Division) and the Federal Emergency Management Agency
(FEMA).The Sub-Recipient, Monroe County Board of County Commissioners, shall conduct Phase I -
Design of this project, which includes the engineering designs and calculations, surveys,
permitting, and notices. No construction activities are approved at this time. The Sub-
Recipient shall complete the Phase I work in accordance with all applicable federal, state and
local laws, regulations and codes.
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PROJECT OVERVIEW: W
As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes to construct a new
Emergency Operations Center to FEMA P-361 Standards located at 9000 Overseas Highway, CL
Marathon, Florida, 33050. Coordinates (24.720930, -81.061713).
The scope is for Phase I only, which includes but is not limited to surveying, engineering,
design, plans preparation, permitting and bidding for the proposed project, for Phase 11
approval. -
The design proposed for Phase 11 scope shall include construction of a new Emergency
Operations Center to FEMA P-361 Standards for Monroe County, designed to protect against
220 MPH or above wind speed in order to serve the first responders, emergency managers,
and other disaster staff that must remain behind, in the event of a hurricane impacting Monroe c
County.
0
Wind protections shall be provided on any other opening such as vents, louvers and exhaust
fans. All installations shall be in strict compliance with the FEMA P-361 specifications, and c
all materials shall be certified to meet wind and impact standards. The local municipal or
county building department shall inspect and certify installation according to the
manufacturer specifications. c
The project shall provide protection to flood and wind against a 500-year event and the
generator shall be protected against wind with a rated enclosure based on its location
requirements. Activities shall be completed in strict compliance with Federal, State and
Local Rules and Regulations.
TASKS &DELIVERABLES:
A) Tasks:
1) The Sub-Recipient shall procure the services of 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
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C.17.d
and State Laws and Regulations. All procurement activities shall contain sufficient source
documentation and be in accordance with all applicable regulations.
The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials,
equipment, tools, transportation and supervision and for performing engineering designs to
be presented to the Division by the Sub-Recipient and subsequently approved by the �-
Division and FEMA.
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or
suspended from participating in federally funded projects. v,
The selected contractor shall have a current and valid occupational license/business tax
receipt issued for the type of services being performed.
The Sub-Recipient shall provide documentation demonstrating the results of the
procurement process. This shall include a rationale for the method of procurement and
selection of contract type, contractor selection and/or rejection and bid tabulation and listing,
and the basis of contract price.
The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility,
Voluntary Exclusion Form" for each contractor and/or subcontractor performing services
under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division
by the Sub-Recipient.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to
perform services. The Sub-Recipient shall provide a copy of a current and valid
occupational license or business tax receipt issued for the type of services to be performed N
by the selected contractor.
2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in c
accordance with the Hazard Mitigation Grant Program application and supporting
documentation as submitted to the Division and subsequently approved by the Division and
FEMA. The Division and FEMA shall render a Phase 11 determination upon completion of
the review of Phase I deliverables. No construction activities are approved at this time. The
Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations c
are followed and documented, as appropriate.
0
Phase I consists of fees; for conducting survey, study, engineering, design, public notices,
and/or permitting associated with the design of a FEMA P-361 Standards structure.
Verification shall be necessary for determining project eligibility.
U
All Phase I work shall be completed in accordance with all applicable state, local and federal
laws and regulations and documented, as appropriate.
0
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with
sufficient supporting documentation, and provide a summary of all contract scope of work
and scope of work changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement.
b) Two sets of engineering Signed/Sealed final design and analysis, and surveying.
c) Construction Plans and bid documents.
d) Revised cost estimate for Phase 11 —construction (include Phase I costs), to implement
the design project. E
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C.17.d
e) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection
requirements on all products utilized.
f) Color Aerial Maps.
g) Color photographs of the project area.
h) Letter from the Floodplain manager verifying the project is in compliance with local
floodplain ordinances/regulations.
i) Proof of compliance with Project Conditions and Requirements contained herein. v,
j) Any other documentation requested by the Division, not limited to Project Conditions
and Requirements 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.
2
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel 0
with each reimbursement request attesting to the completion of the work, that
disbursements or payments were made in accordance with all agreement and regulatory
conditions, and that reimbursement is due and has not been previously requested.
The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure
invoices are accurate and any contracted services were rendered within the terms and
timelines of this agreement. All supporting documentation shall agree with the requested
billing period. All costs submitted for reimbursement shall contain adequate source
documentation which may include but not be limited to: cancelled checks, bank statements, c
Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records,
contract and subcontract award documents.
The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by c
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subcontractors and pay subcontractors for approved bills, invoices, and/or charges. Sub-
Recipient shall ensure that all subcontractor bills, invoices, and/or charges are legitimate
and clearly identify the activities being performed and associated costs.
Sub-Recipient Management Costs (SRMC): The Sub-Recipient shall pre-audit source
documentation — personnel, fringe benefits, travel, equipment, supplies, contractual, and
indirect costs. A brief narrative is required to identify what the funds will be used for. c
Documentation shall be detailed and clearly describe each approved task performed, hours
devoted to each task, and the hourly rate charged including enough information to calculate
the hourly rates based on payroll records. Employee benefits and tasks shall be clearly c
shown on the Personnel Activity Form.
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
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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 -ru
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 Phase v,
I costs related to the project as identified in the project application and this scope of work.
The Requests for Reimbursement (RFR) 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;
2
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 Request for Reimbursement shall include the final Phase I project cost.
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Supporting documentation shall show that all contractors and subcontractors have been y
paid.
B) Deliverables:
An
Mitigation Activities consist of Phase I activities,which include engineering, designing, plans
preparation, permitting and bidding for the proposed project, for Phase 11 approval, to
implement measures to construct a new Emergency Operations Center, to FEMA P-361
Standards, located at 9000 Overseas Highway, Marathon, Florida 33050.
0
Wind protections shall be provided on any other opening such as vents, louvers and exhaust
fans. All installations shall be in strict compliance with the FEMA P-361 specifications, and
all materials shall be certified to meet wind and impact standards. Protection shall be
designed to withstand a wind speed of 220 MPH. c
The structure shall be hardened above the Florida Building Code requirements. Protection
shall be provided on all exterior openings, such as skylights, vents, louvers and exhaust
fans on building(s).
Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction
of new or retrofitted window or door coverings must conform to design drawings that are c
signed, sealed, and inspected by a structural engineer who is registered in this state.
The Sub-Recipient shall provide an inspection report and attestation or a copy of the
signed and sealed plans to the Division before payment will be made. c
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:
C) Engineering:
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C.17.d
1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to
complete the project. Wind protection shall be provided on any opening such as vents,
louvers, and exhaust fans. All installation shall be in strict compliance with the FEMA P-
361 specifications, and all proposed materials shall be certified to meet wind and impact
standards. W
2) Design documents shall provide a detailed description that includes specifics on project
scope of work, depth and extent of ground disturbance at all construction locations of the
project.
3) Submit a refined cost estimate, to include Phase I Fees and Phase II Construction Materials
and Labor.
4) This project shall be designed by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency guidance manual FEMA
361-Design and Construction for Community Safe Room, to provide "near absolute m
protection". It is further understood and agreed by the Division and the Sub-Recipient that
the level of wind protection provided by the mitigation ensures the safety or survival of
building occupants.
2
D) Environmental:
1) Any conditions for compliance shall be included in the final design plans, narrative and
project implementation actions.
2) 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 environmental
permits and clearances may jeopardize federal funding. If project is delayed for a year or
more after the date of the categorical exclusion (CATEX), then coordination with and project
review by regulatory agencies must be redone.
3) Any change, addition or supplement to the approved mitigation measure or scope of work
that alters the project (including other work not funded by FEMA, but done substantially at
the same time) shall require resubmission to the Division and FEMA for revaluation of
compliance with the National Environmental Protection Act (NEPA) and Section 106 of the
National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance
with these requirements may jeopardize FEMA's ability to fund this project. A change in
the scope of work shall be approved by the Division and FEMA in advance regardless of
the budget implications.
4) Acceptance of Federal funding requires Sub-Recipient to comply with all Federal, State and
Local Laws. Failure to obtain all appropriate Federal, State and Local Environmental
Permits and clearances may jeopardize federal funding.
5) Phase I of this project is approved with the condition that the above list of deliverables shall
be submitted for review and approval by the Division and FEMA before Phase II is
considered.
6) No construction work may begin until Phase II is approved by the Division and FEMA. ,
E) Programmatic:
1) The Sub-Recipient must notify the Division as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion, or
favorable conditions allowing lower costs or earlier completion.
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C.17.d
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) The Division and FEMA shall approve a change in the scope of work in advance, regardless
of the impact to the budget.
4) Project is approved with the condition that the enclosed list of deliverables shall be
submitted 30 days prior to the Period of Performance date, for review and approval by the
Division, for submittal to FEMA for closeout.
5) Any extension of the Period of Performance 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.
6) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other
form of assistance, as required by Section 312 of the Stafford Act, and further clarification
in 44 CFR 206.191.
7) A copy of the executed subcontract agreement must be forwarded to the Division within 10
days of execution.
8) This project shall be designed by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency guidance manual FEMA
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361-Design and Construction for Community Safe Room, to provide "near absolute y
protection". It is further understood and agreed by the Division and the Sub-Recipient that
the level of wind protection provided by the mitigation ensures the safety or survival of
building occupants.
9) Sub-Recipient Management Costs (SRMC), implemented under the Disaster Relief and
Recovery Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard c
Mitigation Grant Program Management Costs (Interim) FEMA Policy 104-11-1, provides
100% federal funding under HMGP to Sub-Recipients to efficiently manage the grant and
complete activities in a timely manner. c
a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, c
and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are
reasonable, allowable, allocable and necessary to the overall project. c
b) Funding is for approved indirect costs, direct administrative costs, and administrative
expenses associated with this specific project and shall have adequate documentation.
c) SRMC cannot exceed 5% of the total project costs awarded.
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d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred
for each individual Request for Reimbursement (RFR) submitted with the required
documentation.
e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. c
f) If the Final Project Reconciliation results in a reduction of total project costs, any
resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA
prior to FEMA Closeout.
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C.17.d
This is FEMA project number 4337-066-R. It is funded under HMGP, FEMA-4337-DR-FL and
must adhere to all program guidelines established for the HMGP in accordance with the PAS >
Operational Agreement for Disaster 4337.
FEMA awarded this project on April 26, 2019; with a Pre-Award date of January 23, 2018; this --
Agreement was executed on January 14, 2020; and the Period of Performance for this project
shall end on May 31, 2022.
F) 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;
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. °'
SCHEDULE OF WORK CL,
Phase I —
State Contracting: 13 Months
Bidding / Local Procurement: 2 Months
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Design Specifications: 15 Months
Permitting / Survey: 4 Months
Deliverables Submitted to FDEM: 3 Months
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Total Period of Performance: 37 Months
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C.17.d
BUDGET
Line Item Budget* >
Project Cost Federal Cost Non-Federal Cost
Materials: $0.00 $0.00 $0.00 �--
Labor: $0.00 $0.00 $0.00
Fees: $2,174,335.00 $896,385.92 $1,277,949.08
**Pre-Award: $10,250.00 $4,225.64 $6,024.36
Initial Agreement Amount: $2,184,585.00 $900,611.56 $1,283,973.44
***Contingency Funds: $0.00 $0.00 $0.00
Project Total: $2,184,585.00 $900,611.56 $1,283,973.44 m
****SRMC
SRMC: $60,040.77 $60,040.77
SRMC Total: $60,040.77 $60,040.77
0
*Any line item amount in this Budget may be increased or decreased 10% or less, with the °'
Division's approval, without an amendment to this Agreement being required, so long as the
overall amount of the funds obligated under this Agreement is not increased.
**This project has a Pre-Award, approved by FEMA in the amount of$10,250.00 project costs
with a start date of January 23, 2018.
*** This project has an estimated$0.00 in contingency funds. Per FEMA Hazard Mitigation
Assistance Guidance Part Vl, D.3.4— Contingency funds are not automatically available for use. c
Prior to their release, contingency funds must be re-budgeted to another direct cost category and
identified. Post-award changes to the budget require prior written approval from the Division
(FDEM). The written request should demonstrate what unforeseen condition related to the
project arose that required the use of contingency funds.
c
Project Management costs are included for this project in the amount of$0.00
0
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****Sub-Recipient Management Costs (SRMC) are included for this project in the amount
of $60,040.77 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA
Policy 104-11-1, SRMC provides HMGP funding to Sub-Recipients to efficiently manage the
grant and complete activities in a timely manner. SRMC must conform to 2 CFR Part 200,
Subpart E, ensuring costs are reasonable, allowable, allocable and necessary to the overall
project. c
SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed
at 5% for each Request for Reimbursement(RFR) submitted with the required documentation.
If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC
overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout.
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C.17.d
Funding Summary Totals
Federal Share: $900,611.56 (41.22575040%)
Non-Federal Share: $1,283,973.44 (58.77424960%)
Total Project Cost: $2,184,585.00 (100.00%) .�
SRMC (100% Federal) $60,040.77
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