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08/17/2022 Agreement GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 7, 2022 TO: Breanne Erickson, Contract/Budget Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: August 17th BOCC Meeting Attached is a copy of the following item, which has been executed and added to the record: C3 Agreement with Bender&Associates Architects, P.A. in the atnotult of $1,140,607.00 for A&E services for the Wind Retrofit Project. The project is fiuided by a Florida Department of Emergency Management Hazard Mitigation Grant Program grant (75%) and local match (25%). The County portion will be paid by One Cent Infrastructure Sales Surtax. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Cotulty Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGRE,EMENTFOR Professional Architectural and Engineering Services for Facility Assessment and Design of "wind-Retrofits at 10 County Buildings This Agreement ("Agreement") made and entered into this 17th day of August 2022 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY,"through the Monroe County Board of County Commissioners ("BOCC"), AND Bender&Associates Architects, P.A., a Florida For-Profit Corporation, whose address is 410 Angela Street, Key West, FL 33040 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to provide professional architectural and engineering services for facility assessment and design of wind-retrofits at 10 County buildings (the "Project"); and WHEREAS, CONSULTANT has agreed to provide professional services which shall include, but not be limited to, providing concepts, construction drawings and specifications, developing all documents required to submit applications for and secure all permits necessary to complete the project, holding a minimum of two informational hearings with the public and conducting monthly project meetings with the tenants for the"Project". NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. Page 1 of 33 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including but not limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project and to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information or design elements in the contract documents. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION The CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall Page 2 of 33 be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Cary Knight. Director of Project Management Monroe County 1100 Simonton Street Rm 2-216 Key West, FL 33040 Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 For the Consultant: David Salay, LEED AP, NCARB Principle Architect and Partner 410 Angela Street Key West, FL 33040 Notice is deemed received by the CONSULTANT when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads and maps. Page 3 of 33 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance,the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that the CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. Page 4 of 33 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDEM Indemnification To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the COUNTY and State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the(County) Agency's sovereign immunity. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION David Salay Principal Architect and Partner Haven Burkee Architect and Partner Ana Catalina Alvarez Associate So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance relating work of this Agreement as outlined in Attachment D. The Total Not to Exceed Amount of One Million, One Hundred Forty Thousand. Six Hundred Seven Dollars and No Cents ($1,140,607.00)will apply to this Agreement for the Phase I Scope of Work. Page 5 of 33 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein,the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act, Section 218.70, Florida Statutes. (A) If the CONSULTANT's duties, obligations, and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT's invoice shall describe with reasonable particularity the service rendered. The CONSULTANT's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. (C) The CONSULTANT shall submit to the COUNTY invoices with supporting documentation that are acceptable to the Clerk of Courts. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. 7.3 REIMBURSABLE EXPENSES Allowable Reimbursable expenses will be separately identified and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI Page 6 of 33 or better, that is licensed to conduct business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $100,000 per occurrence, $50,000 per person, and $25,000 property damage, or$100,000 Combined Single Limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents, or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the acceptance of work by the COUNTY. E. Professional Liability insurance of $500,000 per occurrence and $1,000,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract F. COUNTY shall be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. Page 7 of 33 H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION The Contract may be terminated by the Owner as follows: A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days' written notice of its intention to do so. Page 8 of 33 C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two(72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured,the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to the CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the option of(1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of$1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Section 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Page 9 of 33 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda,the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments "A: Consultant Scope of Services" "B: HourtV Rates", "C: Fee Schedule" "D: Serb rantAgreement for HMGP', and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to any public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, the CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether the CONSULTANT has been placed on the convicted vendor list. The CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS The CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies Page 10 of 33 together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. Right to udit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the COUNTY or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in the COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by the COUNTY's representative and/or agents of the County Clerk. The COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by the COUNTY or the County Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 53.03, Florida Statutes running from the date the monies were paid to the CONSULTANT. The right to audit provisions survive the termination or expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and the CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body.This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent Page 11 of 33 permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and the CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and the CONSULTANT agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID The CONSULTANT and the COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.17 and Paragraph 9.21 concerning termination or cancellation. 9.16 COOPERATION In the event that any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Page 12 of 33 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The CONSULTANT and the COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VI I of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101, Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT 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. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will Page 13 of 33 receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the said labor union or workers' representative of the consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 subconsultant or vendor. The CONSULTANT will take such action with respect to any subconsultant or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; Page 14 of 33 provided, however, that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 9.18 COVENANT OF NO INTEREST The CONSULTANT and the COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and the COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. The CONSULTANT and the COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by Page 15 of 33 the CONSULTANT and the COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as "Contractor' for this provision only: Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The COUNTY and the Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and the Contractor in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Contractor or keep and maintain public records that would be required by the COUNTY to perform the service. If the Contractor transfers all public records to the COUNTY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential, and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the Contractor of the request, and the Contractor must Page 16 of 33 provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BR.A:DLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY WEST FL 33040. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Page 17 of 33 imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by the CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and the Page 18 of 33 CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321, as set forth in detail below, applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the re uirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.31 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R Part 200, as amended, including but not limited to: 9.31.1 Clean Air Act 142 U.S.C. 7401-7671 and the Federal Water Pollution Control Act 33 U.S.0 1251-1387 . The CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (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/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The CONSULTANT agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. Page 19 of 33 9.31.2 Davis-Bacon Act as amended 40 U.S.C, 3141-3148 . When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONSULTANTS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONSULTANTS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONSULTANTS, in contracts for construction or repair work above$2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONSULTANT or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONSULTANT 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. i) Subcontracts. The CONSULTANT or subconsultant 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 subconsultant to include these clauses in any lower tier subcontracts.The prime CONSULTANT shall be responsible for the compliance by any subconsultant or lower tier subconsultant with all of these contract clauses. ii) 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. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Page 20 of 33 9.31.3 Contract Work Hours and, Safety Standards Act 40 U.S.C. 3701-3703 Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONSULTANT must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through (4)of this section. Page 21 of 33 9.31.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.5 Debarment and Suspension Executive Orders 12549 and 12689). A contract award under a"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000(Nonprocurement Debarment and suspension)SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) 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). 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. This certification is a material representation of fact relied upon by the COUNTY. 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 COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.31.6 Byrd Anti-Lobb in Amendment 31 U.S.C. 1352 CONSULTANTS that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000.00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 9.31.7 Compliance with Procurement of recovered materials asset forth in 2 CFR 200.322. The CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, Page 22 of 33 as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA) at 40 CFR, Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, htt ftwvw.e a. ovlsrnrrrlcom rehensive- rocuremen t-auidOine-cpa-proq ram. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 9.31.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§200,216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.31.9 Domestic reference for procurements as set forth in 2 CFR 200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for Page 23 of 33 the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 9.31.10 Americans with Disabilities Act of 1990 ADA as amended. The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.31.11 E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONSULTANT and any subconsultan't shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subconstruct with an unauthorized alien. The CONSULTANT shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. 9.31.12 Fraud and False or Fraudulent or Related Acts. The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT'S actions pertaining to this contract. 9.31.13 Access to Records. The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) The CONSULTANT and its successors, transferees, assignees, and subconsultants acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's(FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. Cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to Page 24 of 33 examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.31.14 Federal Government not a garty to contract. The CONSULTANT acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.15 Department of Homeland Security DHS Seal Lo o and Flags. The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 9.31.16 Changes to Contract. The CONSULTANT understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and the CONSULTANT. 9.31.17 Compliance with Federal Law Regulations, and Executive Orders. The CONSULTANT acknowledges that, if FEMA financial assistance will be used to fund the contract,the CONSULTANT will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.31.18 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the CONSULTANT will be bound by the terms and conditions of the Federally-Funded Sub-award and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County web page:hftps-://www.motiroecourity-fi.clov/fdemgr�antaqreement 9.32 The CONSULTANT shall hold the Division and County harmless against all claims of whatever nature arising out of the CONSULTANT'S performance of work under this Agreement, to the extent allowed and required by law. [Signature page to Follow] Page 25 of 33 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly s Aed representative on the day and year first above written. 18 23 ( BOARD OF COUNTY COMMISSIONERS ` 5 MADOK, Clerk OF MONROE COUNTY, FLORIDA 71. D -t Bali A By. Alit As uty Cler I Mayor! irman Date: )I I'I I'2L32 l Date: S)l'I 12 072 MONROE COUNTY ATTORNEYS OFFICE _/ APPROVED AS TO FORM pS 1STANTCOUNTYATTORNEY DATE: 8-01-2022 018,;., AYN LEWIS i° ��° Notary Public-State of Florida_ 5E.ILi''. •` Commission#HH 81395 (Seal) =..;� l�'47� My Commission Expires CONSULTANT: BENDER&ASSOCIATES "�a,,,,,` May 02,2025 ARCHITECTS, P.A. Attest: Signature: auct,.- akt nA Signature: Name: (\y -% Lp101S Name: DAvID SAL4r,/ Title: 6-.C.r.e__ 0,110ayr Title: Agcli Cet, PnaTAIE,,e Date: kkt:sv,.S� �D Date: 81Z/z_Z. END OF AGREEMENT C.)c: LU • Page 26 of 33 ATTACHMENT A Consultant Scope of Services 2.1 Scope The selected firm will conduct all required research, analysis, study, testing, and inspections required to assess the current design wind speed for ten (10) county facilities of varying age, uses, and construction type. Once obtained, this information will be used to develop, engineer, and design selected structural and non-structural hardening activities for the ten facilities including impact resistant windows, protection/strengthening of doors and other openings, and upgrading the roofing system for seven (7) of the 10 facilities. The selected firm will be expected to prepare the following list of deliverables at the conclusion of Phase I for each facility. The deliverables are to be reviewed and approved by the County as well as the HMGP grant review team: • Structural Assessment of each Facility Indicating Current Wind Design Speed at Present Condition. Structural investigation can require destructive testing and roofs will then have to be restored after testing. • Survey, Designs, Plans, Product Specifications for each facility, individually, reflecting the proposed wind-retrofit activities, indicating the improved design wind speed for each facility, and resulting in a fully permittable set of construction documents. Mechanical, electrical, plumbing hardening for the buildings, will require the use of a Mechanical, Electrical & Plumbing Engineer(MEP). • Plans submitted for approval at the 30%, 60%, 90%, and 100% construction document(s) intervals. • Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. • A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. • Construction Plans and bid documents. • Design documents shall provide a detailed description which includes specifics on project scope of work, depth, and extent of ground disturbance at all construction locations of the project. • All Product Specifications/Data Sheet(s) (technical standards) satisfying protection requirements on all products to be utilized. • Color maps, including topographical, aerial, and ground disturbance. Color photographs of the project area and areas of ground disturbance. • Copy of all environmental permits or applications; any obtained from Required Agencies. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. • 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. CONSULTANT must supply an inspection report and attestation. • Applications and approved permits and/or letters of coordination for all federal, state, and local agencies including utility companies. • Additional project-related conformance and documentation as required by a FEMA Hazard Mitigation Grant Program ("HMGP") subgrant administered by the Florida Division of Emergency Management("FDEM"). Page 27 of 33 The CONSULTANT should be aware that one or more the facilities included within the present solicitation are potentially included within a state list of historic properties. As a result, significant coordination with applicable federal, state, and local agencies, commissioners, advisory bodies, and the concerned public should be anticipated throughout the design and construction oversight phases of this process. All deliverables must be in final form, sufficient to serve as the technical specification for bid in conjunction with a Construction Manager at Risk ("CMAR") procured separately by the County. The CMAR will participate in the design process as directed by the County. As indicated above, federal grant funds will be used to fund a portion of the requested scope of work. The subgrant agreement with FDEM is included within this Agreement (Attachment D) to afford the CONSULTANT familiarity with the required processes, procedures, and requirements inherent in federally funded grants. Following the successful design and bid of the construction work, the CONSULTANT may be directed to provide construction administration services on behalf of the County. 2.2 TIME FOR PERFORMANCE/BASELINE SCHEDULE/COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions within the approved timeline in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 2.3 SCHEDULING REQUIREMENTS 1. Baseline Schedule 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting of recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. Page 28 of 33 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress the project in accordance with the milestone dates established in the Baseline Schedule. Such actions on the part of the CONSULTANT shall be considered non-performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 3. Project Development Process 3.1 Preconstruction activities should at a minimum include the following elements as applicable: PROJECT DEVELOPMENT PROCESS Task Name Milestone Comments Date PHASE Design Contracting Phase Issue Notice to Procee ...... Pro rammin and Design Phase Approved Schematic Design Documents 30% 11/30/2022 Approved Design Development Documents 60% 01/29/2023 Approved 90% Construction Documents 03/30/2023 Approved 100 Construction Documents 05/29/2023/o .... ............. ..... ...._m_mm_mITITm_ . Permit Phase .......... Approved Building Permits 09/26/2023 PHASE II Construction Phase TBD Dependent upon HMGP approval of Phase I deliverables. 3.2 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 2.4 COST ESTIMATING REQUIREMENTS 1.1 Baseline Cost Estimates Page 29 of 33 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review project cost estimates provided by the CMAR for high level review and provide recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and review with CMAR. 1.2 Cost Estimate Updates 1.2.1 The CONSULTANT will review the CMAR generated cost estimate at 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract for the CONSULTANT'S opinion on price reasonableness. The CMAR's final Opinion of Probable Cost will be in a format suitable for submittal as a Phase I deliverable by the COUNTY to HMGP's technical review team. END OF ATTACHMENT A Page 30 of 33 ATTACHMENT B Consultant Hourly Rates Per hour rates of the Architects and other personnel are established as follows: JOB CLASSIFICATION HOURLY RATE Principle Architect _ $240.00 Architect $180.00 Administrative Assistant $90.00 END OF ATTACHMENT B Page 31 of 33 ATTACHMENT C Fee Schedule Fee Allocation: The following is the professional fee allocation for the various services requested: Task # Task Amount 1 BUILDING ASSESSMENT INDICATING CURRENT WIND $498,303.00 DESIGN SPEED AND 30%SCHEMATIC DESIGN 2 60%DESIGN DEVELOPMENT $194,689.00 .......... $ 90%CONSTRUCTION DOCUMENTS $273,340.00 4 100%CONSTRUCTION DOCUMENTS $99,547.00 5 PERMITTING $66,328.00 REIMBURSABLE EXPENSES $8,400.00 TOTAL $1,140,607.00 END OF ATTACHMENT C Page 32 of 33 ATTACHMENT D Subgrant Agreement for HMGP Page 33 of 33 Agreement Number: H0703 Project Number: 4337-515-R FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 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. §200.1, "pass-through entity"means "a non-Federal entity that provides a subaward to a subrecipient to cant' out part of a Federal program." As defined by 2 C.F.R. §200.1, "Sub-Recipient" means"an entity, usually but not limited to non- Federal entities that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "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. §200.1, "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. §200.332: Sub-Recipient's name: Monroe County BOCC Sub-Recipient's unique entity identifier(FEIN). 59-6000749 Federal Award Identification Number(FAIN): FEMA-DR-4337-FL Federal Award Date: July 13, 2021 Upon execution through February 28, Subaward Period of Performance Start and End Date: 2024 Amount of Federal Funds Obligated by this Agreement: $586,004.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $586,004.00 Total Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity $586,004.00 Federal award project description (see FFATA): Wind Retrofit Name of Federal awarding agency: Federal Emergency Mama ement Agency Name of pass-through entity: FL Division of Emer enc Managementmm Contact information for the pass-through entity: Caw°mew�.Ar,t�st er .rr flawrida.c orrr 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 1 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Monroe County BOCC , (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement,the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE,the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302(a) provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by section 215.971(1), Florida Statutes,this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing,the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties,the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Carmen Acosta Project Manager Bureau of Mitigation Florida Division of Emergency Management 2702 Director's Row Orlando, FL 32809 Telephone: 850-692-9458 Email: Carmen costa(cDgrn�l i"jd corr't, The Division's Alternate Grant Manager for this Agreement is: Kathleen Marshall Community Program Manager Bureau of Mitigation Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: 8 50-815-4503 Email: Kathleen.Marshall@em.myflorida.com 3 1. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Cary Knight Director-Project Manager 1100 Simonton Street. Key West, FL 33040 Telephone: 305-292-4527 Email: Knight-cary@monroecounty-fl.gov 2. 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. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE.OF WORK The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on February 28, 2024 , unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of"period of performance"contained in 2 C.F.R. §200.77,the term "period of agreement' refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this Agreement. In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement,subject to the availability of funds. 4 b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is$586,004.00 . 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 leg all bind the Sub-Rec ierit, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient 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. §200.329,that the Division and the Sub-Recipient'relate financial data to performance goals and objectives of the Federal award." g. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness,failure of the employer to provide sufficient work, or other similar cause(See 29 U.S.C. §207(e)(2)),then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in 5 the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes($6 for breakfast, $11 for lunch, and $19 for dinner),then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j. As defined by 2 C.F.R. §200.1,the term"improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount(including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336,the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right 6 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. §200.332(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. §200.334,the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5)year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year period,then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity,the 5-year retention requirement is not applicable to the Sub-Recipient. V. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement,the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 7 d. In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.336, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted,then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered,there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However,the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity,then,to the extent that private entity is performing that public purpose,the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds,then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement,the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to 8 perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However,when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work-Attachment A- and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-7671 Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.1, 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. §200.1, 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 (30)days after the Division has notified the Sub-Recipient of such non- compliance. 9 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. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient,to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.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 OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (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 sixty(60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement,whichever first occurs. 10 d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIAIL.IT a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of 11 sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however,the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty(30) 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(30) calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(30) 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: 12 i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) 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 (30) 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 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 13 a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations,to include 2 C.F.R. §§200.318 through 200.327 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- Recipient shall document, in its quarterly report to the Division,the progress of any and all subcontractors performing work under this Agreement. d. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. e. 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." f. As required by 2 C.F.R. §200.319(a),the Sub-Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; 14 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. g. "[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(c), shall not use a geographic preference when procuring commodities or services under this Agreement. h. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(d)as well as section 287.057(1)(a), Florida Statutes. i. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(2) as well as section 287.057(1)(b), Florida Statutes. j. 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'). k. If the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall review its competitive solicitation and subsequent contract to be awarded for compliance with the procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub-Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 or the requirements of Appendix II to 2 C.F.R. Part 200,then the Sub-Recipient is on notice that the Division may: a) Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; or, b) Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. I. FEMA has developed helpful resources for subgrant recipients related to compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. These resources are generally available at htt[4s:Hwww.fei'tia.gov/L)i-ooLif ei"iieiit-fJisaster•aa sist�irice-team. 15 (19) ,ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A—Budget and Scope of Work iii. Attachment B—Program Statutes and Regulations iv. Attachment C—Statement of Assurances V. Attachment D—Request for Advance or Reimbursement vi. Attachment E—Justification of Advance Payment vii. Attachment F—Quarterly Report Form viii. Attachment G—Warranties and Representations ix. Attachment H—Certification Regarding Debarment X. Attachment I—Federal Funding Accountability and Transparency Act A. Attachment J—Mandatory Contract Provisions xii. Attachment K—Certification Regarding Lobbying (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested,the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting,the State Chief Financial Officer or under subparagraph (9)b. of this Agreement,all obligations on the part of the Division 16 to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty (30)days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management', and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft,whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30)days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable,then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et 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 discdminatorv,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 17 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which 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 or affiliates: i. Are not presently debarred,suspended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified 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. In addition,the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H)for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. h. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes,which the Sub-Recipient created or received under this Agreement. i. 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. j. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation 18 of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. k. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. I. The Division may, at its option,terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 19 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. (24) COPYRIGHT' PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright,the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it,the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty (30)days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law,then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions,that is 20 inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license,for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b),the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because 21 such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. 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. V. 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. vi. 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. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of 22 such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the Executive order. In addition,the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. 23 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.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 that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT' If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 24 iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,subpart C, in addition to remedies available to the Division,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. If this subgrant agreement amount is$100,000 or more,the Sub-Recipient, and subcontractors as applicable, shall sign Attachment K—Certification Regarding Lobbying. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMWS BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321,the Sub-Recipient shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever. ossible: 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 econoimically Feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 25 iv. Establishing delivery schedules,where the re uirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The"socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures(e.g. "project splitting"). (33)ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 26 IN WITNESS WHEREOF,the parties hereto have e 1 t" p I,ti, reot fit. . r C �rv� h Madok, Clerk SUDroRE,CU�'tENT IUlcrrarrpe caeroty 130C ry ,rw ,41 ry By _ Name and Title: Mayor David mice As beUty Clerk Date: wj- " FEID# -- 59-6000749 MONROE COUNTY A rrORNEVS OFFICE APPROVED AS TO FORM S P' IwI '` C]UIY A 'F'tNEY DATE: I l_ Sk1 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Laura DhuWo :W , By' for Name and Tifiw le DIr ctor [)ate: 1118/ 02�2 "y✓ „mom .....guTJ (') Q.,,,D 27 EXHIBIT-1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal gmergency Management A enc Hazard Mitiggtion Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: 688,,004.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 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 C.F.R. Part 205 Rules and Procedures for Funds Transfers Federal Program: 1. Sub-Recipient is to use funding to perform the following eligible activities: • Retrofitting of existing buildings and facilities • Wind Retrofit 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. 28 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to protect ten (10)public facilities in Monroe County, Florida,funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-515-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,agrees to administer and complete the project per scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project,the Sub-Recipient proposes to wind retrofit ten (10) public facilities located within Monroe County, Florida 33040, 33050, and 33070. 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 II approval. No construction activities for this project have been approved. When completed, the Sub-Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase II proposed scope of work shall consist of protecting all exterior openings with impact resistant windows and doors, and retrofitting the existing roof in seven (7) of these facilities. The project intends to protect the integrity of the building envelope and reduce potential damage from future wind events. 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 Florida Building Code or Miami Dade 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 manufacture specification. The project shall provide protection against 201, 200, and 196 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. Project Locations: ID# Name/Station Location Mitigation Coordinates Activities 1) MCSO 5501 College Road, Opening (24.576542, -81.751446) Detention Key West, Florida 33040 Protection Center 2) Fire Station#9 28 Emerald Drive, Opening (24.597852, -81.655771) Big Coppitt Key, Florida 33040 Protection and Roof Hardening 3) Tax Collector/ 3117 Overseas Highway, Opening (24.710504, -81.096237) MCSO Marathon, Florida 33050 Protection and Marathon Roof Office/Clerk Hardening Complex 29 _4) Fire Sta tion 10 South Conch Avenue, Op.ening (24.789467, -80.889831) #17 Conch Key, Florida 33050 Protection and Roof ... . �.. .. Hardening 5) Historic Key 500 Whitehead Street, Opening (24.554466, -81.804013) West Key West, Florida 33040 Protection and Courthouse Roof Hardening 6) Lester Building 530 Whitehead Street, Opening (24.554186,-81.803766) Key West, Florida 33040 Protection and Roof Hardening Protection 7) Ellis Building 88800 Overseas Highway, Opening (24.979909,-80.551075)t 8) Marathon 2798 Overseas Highway, Opening (24.711205,-81.097199) Government I Marathon, Florida 33050 Protection Center 9) Harvey 1200 Truman Avenue, Opening (24.556053,-81.790550) Government Key West, Florida 33040 Protection and Center Roof Hardening 10) � C Tavernier,Plantation Keyey � seO Overseas da 33070 Protection on and Highway, (24.980055,-80.549962) Roof Hardening _ TASKS&DELIVERABLES: A) Tasks: 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. 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. 30 Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by 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 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. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts 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 supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic(H&H) Studies. b) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. c) Construction Plans and bid documents. d) Revised cost estimate for Phase II — construction (include Phase I costs), to implement the design project. e) Design documents shall provide a detailed description which includes specifics on project scope of work,depth and extent of ground disturbance at all construction locations of the project. f) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products to be utilized. g) Color maps including topographical, aerial, and ground disturbance. h) Color photographs of the project area and areas of ground disturbance. i) Copy of all environmental permits or applications; any obtained from the Required Agencies. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. j) 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. k) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases,all project activities may not be fully complete 31 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. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices,and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. 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. 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 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 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 priorto the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. 32 The Sub-Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval,and to implement measures to provide protection to ten (10) public facilities within Monroe County, Florida 33040, 33050, and 33070. Design shall provide protection on all exterior openings, such as doors, windows, skylights, vents, louvers and exhaust fans on the structures. The project shall provide protection against 201, 200, and 196 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. 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 RE UIREMENT , C) Engineering* 1) The Sub-Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's estimate of the pre and post-mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub-Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part,by showing the physical location(s)and elevation(s)of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase I Fees and Phase 11 Construction Materials and Labor. 4) All proposed materials shall be in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to meet or exceed the wind and impact standards of the current local codes. 5) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for deliverables review. 6) The Sub-Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, Proposed design for retrofitting shall comply with - Glazing shall be impact resistant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 33 and ASTM E 1996,ANSI/DASMA 115 (for garage doors and rolling doors) or Miami-Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the Large Missile Test. b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of the Small Missile Test. c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feet(9144 mm)of grade shall meet requirements of the Large Missile Test. The proposed design shall have Impact-resistant coverings that shall be tested at 1.5 times the design pressure (Positive or Negative) expressed in pounds per square feet as determined by the Florida Building Code, Building Section 1609, for which the specimen is to be tested. 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 laws. Failure to obtain all appropriate federal,state, and local environmental permits and clearances may jeopardize federal funding. 3) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. 4) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 5) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 6) 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. 7) 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. 2) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the impact to the budget. 34 3) 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. 4) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting, using the Division template, as applicable. 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 priorto the expiration date,for Division processing to FEMA. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) 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 before Phase 11—Construction is considered. 8) 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 will take place. The data inputs to the final BCA for Phase 11 approval shall be based on the inputs and outputs of a hazard related study. No construction activities for this project have been approved. 9) 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. 10) Compliance with Florida Statutes 553.896 Mitigation grant program guideline: (1) The Legislature finds that facilities owned by the government and those designated to protect the public should be the first to adopt the best practices,, active risk management, and improved security planning. These facilities should be protected to a higher level. (2) Beginning with grant funds approved after July 1, 2005, the construction of new or retrofitted window or door coverings that is funded by a hazard-mitigation grant program or shelter-retrofit program must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. Before the Division of Emergency Management forwards payment to a recipient of the grant, an inspection report and attestation or a copy of the signed and sealed plans shall be provided to the department. (3) If the construction is funded by a hazard mitigation grant or shelter retrofit program, the Division of Emergency Management shall advise the county, municipality, or other entity applying for the grant that the cost or price of the project is not the sole criterion for selecting a vendor. (4) A project funded under mitigation or retrofit grants is subject to inspection by the local building officials in the county in which the project is performed. 11) Sub-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRAA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to Sub-Recipient's to efficiently manage the grant and complete activities in a timely manner. a) SRMC must conform to 2 CFR Part 200,Subpart E, applicable program regulations,and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shall have adequate documentation. 35 c) SRMC cannot exceed 5% of the total project costs awarded. 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. 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. This is FEMA project number 4337-515-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 July 13, 2021;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 February 28, 2024. 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 State Contracting: 2 Months Construction Plan/Technical Specifications: 3 Months Bidding/Local Procurement: 3 Months Permitting: 3 Months Construction /Installation: 12 Months Local Inspections/Compliance: 3 Months State Final Inspection /Compliance: 3 Months Closeout Com liance: 2 Months Total Period of Performance: 31 Months 36 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: $722,505.00 $541,878.75 $180,626.25 "Pre-Award: sin o00.00 $7,500.00 $2 500.00 Initial Agreement Amount: $732,505.00 $549,378.75 $183,126.25 "**Contin enc Funds: $0.00 $0.00 $0.00 Project Total: $732 505,00 $549 378.75 $183 126.25 ****SRMC SRMC; $36,625.25 $36,625.25 SRMC Total: $36 625.25 $36,625.25 *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$10,000.00 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. 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. Project Management costs are included for this project in the amount of$0.00 **** Sub-Recipient Management Costs (SRMC) are included for this project in the amount of $36,625.25 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. 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. 37 Funding Summary Totals Federal Share: $549,378,75 (75,00R %) Non-Federal Share: $183,12625 (25.00%) Total Pr o Ttoiect Cost: $732,505.00 0-00..... ..................................... L ---------- SRMC (100% Federal $36,625.25 38 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18, 25, 206,220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations, the Sub-recipient must comply with the following: The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A(Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein,the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub-recipient and any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to chapter 163, Part 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 use permitting authority,where required. The Sub-recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub-recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project,then the Sub-recipient shall ensure that, as a condition of funding under this Agreement,the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions,which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. 39 (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 C.F.R. §206.438(b). The National Environmental Policy Act(NEPA) stipulates that additions or amendments to a HMGP Sub-Recipient Scope of Work (SOW)shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work(SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; (1) For Construction projects,the grantee must`obtain prior written approval for any budget revision which result in a need for additional funds" (2 C.F.R. §200.308); (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 (60)days prior to the project expiration date. The Sub-recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal 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 40 (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 (14) 2 C.F.R. Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act(as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and Part 39 (23) 42 U.S.C. 5154a 41 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub-recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub-recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is received by the Sub-recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub-recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with:. (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers(including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity forwhich 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- 42 recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107)which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to section 112.313 and section 112.3135, Florida Statutes; (h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Chapter 87 which outlaws and prescribes penalties for"kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 5 U.S.C. 7323 (further known as the Hatch Act) which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 50, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan,grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA),the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.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 C.F.R. Section 101- 19.6 for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures. The Sub-recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.), Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U.S.C. 3125) by: 43 (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 C.F.R., Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency,the Florida State Historic Preservation Office,the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)"which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 54 U.S.C., and implementing regulations in 36 C.F.R., Part 800. (4) When any of the Sub-recipient's projects funded under this Agreement may affect a historic property, as defined in 36 C.F.R., Part 800.16 (1)(1), the Federal Emergency Management Agency(FEMA) may require the Sub-recipient to review the eligible scope of work in consultation with the State Historic Preservation Office(SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992(Standards),the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards,the Sub-recipient agrees to participate in consultations to develop, and after execution by all parties,to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub-recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub-recipient shall forward information regarding the treatment plan to FEMA,the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council or the SHPO object, Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a)of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be 44 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 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 applicable provisions of the following laws and policies prohibiting discrimination: i. Title VI of the Civil Rights Act of 1964, as amended,which prohibits discrimination based on race, color, or national origin (including limited English proficiency). ii. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. iii. Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. iv. Age Discrimination Act of 1975,which prohibits discrimination based on age. V. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. (n) 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; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4541-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) 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; (q) 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; (r) 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; (s) 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; (t) 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 45 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; (u) It will comply with the Clean Air Act of 1955, as amended,42 U.S.C. 7401-7675; (v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-1388 (w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4701-4772; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 54 U.S.C.; W 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; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S.C. 3125 (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) 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-27, regarding the protection of underground water sources; (dd) 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; (ee) 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; (ff) 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); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-14674; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668. (jj) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub- recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. 46 (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub-recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency,the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub-recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act(42 U.S.C. 1857), Section 508 of the Clean Water Act (33 U.S.C. 1251-1388), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R., Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 47 Attachment D REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB-RECIPIENT: Monroe County BOCC REMIT ADDRESS: 500 Whitehead Street CITY: Key West STATE: FL ZIP CODE: 33040 PROJECT TYPE: Wind Retrofit PROJECT#: 4337-515-R PROGRAM: Hazard Mitigation Grant Program CONTRACT#: H0703 APPROVED BUDGET FEDERAL SHARE: MATCH: ADVANCED RECEIVED: NIA AMOUNT: SETTLED? Invoice Period: through Payment#: Total of Previous Payments to Date: _ (Federal) Eligible Amount Obligated Federal Obligated Non- Division Use Only 100/o Amount Federal (Current Request) 75% 25% Approved Comments i ................. _ ...... .m ..._.......................... TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB-RECIPIENT SIGNATURE: NAME TITLE: DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ APPROVED SRMC TOTAL: $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 48 Attachment D (cont.) SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM SUB-RECIPIENT: Monroe County BOCC PAYMENT#: PROJECT TYPE: Wind Retrofit PROJECT#: 4337-515-R PROGRAM: Hazard Mitigation Grant Pro ram CONTRACT* H0703 REF NOz DATE DOCUMENTATION° (Check) ELIGIBLE AMOUNT COSTS 100% 1 2 - 4 5 6 ......... ........ _............................ 7 _.. a ... .................._.... -_------—_._._.__ 8 This payment represents % completion of the project. TOTAL W ire r trnent's internal reference number(e_g., Invoice, Receipt, Warrant, Vocrcher, Claim Check, or Schedule �) 'Date of delivery of particles, completion of work or performance services. (per document) 4 List Doct.rmentation (Recipient's payroll, material out of recipients stock, recipient owned egr.riprnent and name of vendor or contractor) by category(Materials, Labor, Fees) and line items in the approved project line stern budget. Provide a brief description of the articles or services. List service dates per each invoice, 49 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: Monroe County BOGC If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. 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 For Foreexamn ADMINISTRATIVE COSTS (Include Secondary Administration.) For exam PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90)days of the contract term. Support documentation should include quotes for purchases, delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90)days of the contract term. Any advance funds not expended within the first ninety(90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399,within thirty(30) days of receipt,along with any interest earned on the advance. 50 Attachment F QUARTERLY REPORT FORM Instructions.Complete and submit this form to State Project Manager within15-days after each quarter: SUB-RECIPIENT: Monroe Count BOCC PROJECT#: 4337-515-R PROJECT TYPE: Wind Retrofit CONTRACT#: H0703 PROGRAM: Hazard Miti ation Grant Program QUARTER ENDING: Advance Payment Information: Advance Received ❑ N/A❑ Amount: $ Advance Settled?Yes❑ No ❑ Financial Amount to Date.- Sub-Recipient Total Project Ex enditures to date federal &local : Target Dates(State Agreement): Contract Execution Date: Contract Expiration Date: Date Deliverables Submitted: _ Closeout Requested Date: Describe Milestones achieved during this quarter: Project Proceeding on Schedule? ❑Yes ❑ No (If No, Describe under Issues below) Percentage of Milestones completed to Date: % Describe Activities-Milestones completed this quarter only: Schedule of the Milestones-Activities: Milestone Dates(estimated) State Ctrl'r`:r,ttnc, Closer,ru Estimated Pro'dcl Completion Date: Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget El Over Budget Cost/Financial Comments: NOTE:Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work,extensions. Contact the Division as soon as these conditions are known, otherwise you could be non-compliant with your sub-grant award. Sub-Recipient Contract Representative (POC): Signature: Phone: o be gomalleted kz E—to da islon of lamer en Md a m n P t Mana er Project Manager Statement: ❑ No Action Required, OR ❑Action Required: PM Percentage of Activates competed per PM Review QR Milestones Spreadsheet: _% Date Reviewed: Reviewer., Project Manager 51 Attachment G Warranties and Representations Financial Management . The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.327). 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. t..icensin0 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. 52 Attachment H Certification Regarding Debarment,Suspension,Inefigibility And Voluntary Exclusion Subcontractor Covered Transactions The prospective subcontractor, of the Sub-Recipient certifies, by submission of this document,that neither it, its principals, nor affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency. SUBCONTRACTOR By: Monroe County BOCC Signature Sub-Recipient's Name H0703 Name and Title DEM Contract Number 4337-515-R Street Address FEMA Project Number City, State, Zip Date 53 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://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 Act of 2009, Pub. L. 111-5). Note: This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion.All pertinent information below should be filled out,signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub- award (Agreement)that obligates$25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT#: 4337-515-R FUNDING AGENCY: Federal EmeTency Mana ement A enc AWARD AMOUNT: $586,004.00 OBLIGATION/ACTION DATE: July 13,2021 SUBAWARD DATE(if applicable): DUNS#: 073876757 DUNS#+4: 54 *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: DBA NAME (IF APPLICABLE); PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS#(if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA#): DESCRIPTION OF PROJECT(Up to 4000 Characters) As a Hazard Mitigation Grant Program project,the Sub-Recipient proposes to wind retrofit ten (10) public facilities located within Monroe County, Florida 33040, 33050, and 33070. 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 II approval. No construction activities for this project have been approved. When completed, the Sub-Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase II proposed scope of work shall consist of protecting all exterior openings with impact resistant windows and doors, and retrofitting the existing roof in seven (7)of these facilities. The project intends to protect the integrity of the building envelope and reduce potential damage from future wind events. 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 Florida Building Code or Miami Dade 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 manufacture specification. The project shall provide protection against 201, 200, and 196 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. ........................................__....._... Verify the approved project description above, if there is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** 55 CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: *"Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or 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 C.F.R. 170.320-1 , (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 FX 56 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/lwww.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 C.F.R. Ch. 1 Part 170 Appendix A: "Executive" is defined as`officers, managing partners, or other employees in management positions". "Tolal Compensation"is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. 57 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion Rank Total Compensation (Highest to Name for Most Recently Lowest) Title Completed Fiscal Year ...a.. 2 3 ............. ............— .............................................. ............ THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS A 'C RATE. SIGNATURE: NAME AND TITLE: Mayor David P. Rice DATE: December 8 , 2021 MONROE COUNTY ATTOANEYS OFFICE APPROVED AS TO FORM TANT COUNTY ATTORNEY DATE: 58 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 following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 C.F.R. Part 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 C.F.R. part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148)as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or ' For example,the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub- recipient may include the provision in its subcontracts. 59 repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 C.F.R. §401.2 (a) and the recipient or Sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or Sub-recipient must comply with the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 C.F.R. 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p.235), "Debarment and Suspension."The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award of$100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See 2 C.F.R, §200.323 Procurement of recovered materials. (K) See 2 C.F.R, §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See 2 C.F.R, §200.322 Domestic preferences for procurements (Appendix/1 to Part 200, Revised Eff. 11/1212020). 60 FEMA created the 2019 PDAT Contract Provisions Template to assist non-Federal entities. It is available at ht(r,)sl-//www,feina.gov/rnedia-libi'a '-data/1'569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-Mpdi. Please note that the sub-recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. §200.327 and 2 C.F.R. Part 200,Appendix Il. 61 Attachment K Certification Regarding Lobbying Check the appropriate box: I@ This Certification Regarding Lobbying is required because the Contract,Grant, Loan,or Cooperative Agreement will exceed$100,000 pursuant to 2 C.F.R. Part 200,Appendix II(1); 31 U.S.C.§ 1352; and 44 C.F.R.Part 18. ❑ This Certification is not required because the Contract,Grant, Loan, or Cooperative Agreement will be less than$100,000. APPENDIX A 44 C.F.R.PAFtT 18_CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. m) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. n) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants,and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 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. The Sub-Recipient or subcontractor, Monroe Coon BOCC certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,Administrative Remedies for False Claims and; tateme thi ation and disclosure, if any. Signature of SLrb- c pient/subcontra tor's Authorized Official David P.Rice Mayor Name and Title of Sub-Recipient/subcontractor's Authorized Official December 8,2021 Date 62 RESOLUTION NO. 410-2021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE MAYOR/CHAIRPERSON TO SIGN ALL LEGAL PAPERS ON BEHALF OF THE COUNTY AND EXTENDING FOR 60 DAYS THE PRESENTLY AUTHORIZED SIGNATURES. WHEREAS, the members of the Board of County Commissioners of Monroe County, Florida, have elected a Chairman for said Board, and WHEREAS, the Chairman of the Board of County Commissioners must sign all legal papers,vouchers,warrants and documents on behalf of the County,now,therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1. That Commissioner Dgyid Ripe as Chairman of the Board of County Commissioners, and the Clerk of the Board, are hereby authorized to sign all warrants, legal documents and any other necessary papers and documents. Section 2. That the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and other necessary obligations. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 171h day of November,2021 :. MayorDavid Rice Yes c Mayor Pro Tem Craig Cates Yes Commissioner Michelle Coldiron Yes J r xa ' Commissioner Eddie Martinez Yes ; Commissioner Holly Merrill Raschein Yes N3 17) w TI f BOARD OF COUNTY COMM- ISSIONERF t. ' 1N MADOK,Clerk OF MONROE COUNTY,FLORIDA By By As beputy Clerk Mayor/Chairperson Approved as to form and legal sufficiency By Robert B. Shillinger,County Attorney . � Fo unger Robert B. ' g L ett n oly signed A Shillinger el=shlllinger bob@monroecounty fl.gov, Date:2021.11.2211:57:57-05'00' ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS SECTION FOUR: COUNTY FORMS SUBMISSION RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 1 acknowledge receipt of Addenda No. s 1 1 have included: Submission Response Form n Lobbying and Conflict of V Brest Clause "h/"� Non-Collusion Affidavit Drug Free Workplace Form Public Entity Crime Statement "vendor Certificatation Regarding Scrutinized Companies Li is Respondent's Insurance and Indemnification Sttelent Insurance Agent's Statement (signed by agent) In addition, I have included a current copy of the following professional and occupational licenses: David Salay AR97145;Jude Kostage PE53931,Bender&Associates State of Florida;Atlantic Engineering State of Florida Check mark items above as a reminder that they,are included.. Mailing Address: Bender&Associates Architects Telephone: 305-296-1347 410 Angela St N/A Fax: Key West,FL 33040 Date; 4/13/2022 Signed: ZAV�'11 Witness: M,. (Seal) AYN LEWIS pyrY H�'"a',, (Name) Votaiv Public-State of 1'iaricla' *" Commission N HH 81395 co 0r i eG ""�, ,^" MY Commission Expires (Title) , May 02,2025 Page 113 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS ..................._......................... _..... ................._ LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ,,M Bender&Associates Architects, PA (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of Iphysical presence or ❑ online notarization, on i 1 a 1 (date) by David Salay (name of affiant). He/She i personall=1nown to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires- 5/2/2025 AYN LEWIS x y,p.N ",rye, ��' ��, Fk Notary Public-State of crida *� Commission#HH 81395 .+ My Commission Expires a"�+ May 02,2025 Page 114 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS NON-COLLUSION AFFIDAVIT 1' David Salay of the city Key West according to law on my oath, and under penalty of perjury, depose and say that:. 1. 1 am Vice President of the firm of Bender&Associates Architects, PA the proposer making the Proposal for the project described in the notice for calling for proposals for: Architectural and Engineering Services for Facility Assessment and Design of Wind-Retrofits at 10 County Buildings and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5.. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe Co my relies upon the truth of the statements contained in this affidavit in awarding col for said project. (Sign .ire of Pr(p r) (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of hysical presence or ❑ online notarization, on (date) by David Salay (name of affiant). He/She i=as ally known to me or has produced (type of identificatiori I Corn. NOTARY PUBLIC (SEAL) My commission expires: 5/2/2025 w,w"» AYN LEWIS Notary Public-State of Florida * * Commission#HH 81395 My Commission Expires ('rM" May 02,2025 Page 115 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Bender& Associates Architects, PA (Name of Business) 1, Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's "nature Date STATE OF; Florida COUNTY OF Monroe Subscribed and sworn to (or affirmed) before me, by means of i(physical presence or❑ online notarization, on � +�� (date) by David Salay (name of affiant). He/She is er onaldiy known to m car has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: 5/2/2025 AYN LEWIS „Notary Public-State of Florida' Commission 4 HH 81395 "I My Commission Expires +_'«`°« May 02,2025 Page 116 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Bender& Associates Architects, PA (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six(36) month w. (Signature) Date: /'� � STATE OF: nbr" COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of Ffphysical presence or ❑ online notarization, on (date) David Salay by (name of affiant). He/She ' rsonally kn to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: 5/2/2025 , AYN LEWIS wNotary Public-State of Florida * * Commission#HH 81395 My Commission Expires + „ May 02,2025 Page 117 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Descrlptlon(s),Architectural and Engineering Services for Facility Assessment and Design of Wind-Retrofits at 10 County Buildings Respondent Vendor Name: Bender&Associates Architects,PA Vendor FEIN: 65-0233075 Vendor's Authorized Representative Name and Title: David Salay,Vice President and Principal Architect Address: 410 Angela Street City: Key West State: Florida Zip: 33040 Phone Number 305-296-1347 Email Address: info@benderarchitects.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: David Salay who is authorized to sign on behalf of the above referen company. Authorized Signature: Print Name 12Y-V lf"> J '5/)4,/4J, Title: Vice President and Principal Architect Note: The List are available at the following Department of Management Services Site: L w vw _dW L u k u ,ir o a; kuor1 f� q; l m a tgivcndor �nf In natlr rBt Itw�� Wt fl a 11p derl tv ridor lists Page 118 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS APPENDIX A 44 C.F.R.PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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. The Contractor„Bender&Associates Architects,Pe,rtifles or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for F;717'1�'AI�A 'ms and Statements, apply to this certification and disclosure, if any. Signature of Cont is Authorized Official David Salay,Vice i t ident and Principal Architect mz,. Name and Title of Contractor's Authorized Official Date Page 119 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. I. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name, First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington, D.C.20503. SF-LLL-Instructions Rev.06- 04-90<<EN DI F» 2-6d PART 2/COUNTY Page 121 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employers' Liability Insurance $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee General Liability, including $300,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $100,000 Combined Single Limit (Owned, non-owned and hired vehicles) If split limits are preferred: $50,000 Per Person $100,000 Per Occurrence $25,000 Property Damage Professional Liability $500,000 per Occurrence $1,000,000 Aggregate Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat. Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor Page 122 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS shall indemnify the COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on theCOUNTY's behalf. The first ten dollars($10.00)of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Bender&Associates Architects, PA Respondent Signature Page 123 of 125 ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 660-1878X318 General Liability 0 660-1878X318 Hired & Non Owned Auto 0 CUP-4K489840 Umbrella $10,000 Retention UB-OK197735 Workers Comp 0 AEXNYA1362TB002 $15,000/30,000 Liability policies are X Occurrence X Claims Made -Professional Liability Collinsworth Insurance & Risk Management Services ( 2 Insurance Agency Signature Print Name: Erinn E Collinsworth Page 124 of 125 DATE(MM/DD/YYYY) ACoR" CERTIFICATE OF LIABILITY INSURANCE o2/oa/2o22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Erinn E Collinsworth Collinsworth Ins & Risk Mgmt Services In PHONE FAX P.O. Box 661628 A/C No Ext: (786) 930-4795 A/C No: (786) 930-4794 E-MAIL Miami Springs FL 33266 ADDRESS: erinn@collinsworthinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Phoenix Insurance Company 25623 INSURED (305) 296-1347 INSURER B:Travelers Cas & Surety Co 19038 Bender & Associates Architects, P.A. INSURER C:Travelers Property Casualty of 25674 410 Angela Street INSURER D:Liberty Insurance Underwriters 19917 Key West FL 33040 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 12112 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR Y 660-8178X318 02/10/2022 02/10/2023 PREMISES Ea occurrence $ 1,000,000 APPROVED BY RIS4G. MED EXP(Any one person) $ 5,000 MANAGEMENT.... PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE__ 2.... POLICY PE LOC WAVER NIA YES PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 A ANY AUTO Y 660-8178X318 02/10/2022 02/10/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Par.", Per accident C X UMBRELLA LIAB X OCCUR CUP-4K489840 02/10/2022 02/10/2023 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED J X J RETENTION$ 10,000 1 $ WORKERB AND EMPLOYERTIONS' Y/N UB-OK197735 02/10/2022 02/10/2023 X STATUTE EORH AND EMPLOYERS'LIABILITY ANYPROPRIETOR(PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I NJ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Professional Liability AEXNYAB62TB002 02/10/2022 02/10/2023 Each Claim $ 2,000,000 Claims Made Basis Policy Aggregate $ 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) When required by written contract, Monroe County Board of County Commissioners is an additional insured, excluding professional services, on the General & Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners Insurance Compliance PO Box 100085 - FX AUTHORIZED REPRESENTATIVE Duluth GA 30096U ©1988-2015 ACORD CORPORATION. All rights reserved. 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