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Item C12 C12 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 � - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: C12 2023-1082 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Knight n/a AGENDA ITEM WORDING: Approval of an Agreement with Matern Professional Engineering, Inc. in the amount of$661,400.00 for Engineering Design Services of Generators for Critical Facilities. This project is funded by the Hazard Mitigation Grant Program (HMGP) and Fund 304 Infrastructure Sales Tax. ITEM BACKGROUND: Monroe County was awarded a grant administered by the Florida Division of Emergency Management, Mitigation Bureau, Hazard Mitigation Grant Program (HMGP) for planning, surveying, design, permitting and bidding of the addition of back-up generators for County critical facilities. This grant is for 75%with a 25% County Match required. A Request for Qualifications (RFQ) for Engineering Design Services was issued in January 2023. On February 14, 2023, the County received six (6)responses to the RFQ. A publicly noticed selection committee meeting was held on March 13, 2023, and Matern Professional Engineering, Inc. was the highest ranked respondent. Staff is asking for approval of an Agreement for Engineering Design Services for Generators at Critical Facilities with Matern. PREVIOUS RELEVANT BOCC ACTION: 3/22/23 - BOCC gave approval to Negotiate w/Matem 6/15/22—BOCC approved an HMGP Grant for engineering design services for back-up generators at critical facilities. CONTRACT/AGREEMENT CHANGES: 385 n/a STAFF RECOMMENDATION: Approval of Agreement DOCUMENTATION: Agreement_Matern_signed.pdf FINANCIAL IMPACT: 125-22579 - 75% Grant 304-24015 - 25% County Match insurance will be provided after BOCC approval. 386 AGREEMENT FOR ENGINEERING DESIGN SERVICES OF GENERATORS FOR CRITICAL FACILITIES This Agreement ("Agreement") made and entered into this 21st day of June, 2023 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 Matern Professional Engineering, Inc., a corporation of the State of Florida, whose address is 130 Candace Drive, Maitland, Florida 32751, 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 the design through construction administration of the purchase and installation of twenty-one (21) permanent generators and installation of two (2) 5,000-gallon fuel tanks at various County facilities located throughout Monroe County (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, all documents required to submit applications for and secure all permits necessary to complete the Project and holding a minimum of two informational hearings with the public and 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 105 387 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 the performance of those directly under its 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 BOCC 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. Page 2 of 105 388 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 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 And: Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: Monroe County Attorney's Office 1111 121h Street, Suite 408 Key West, Florida 33040 For the Consultant: Ryan Strandquest, President Matern Professional Engineering, Inc. 130 Candace Drive Maitland, Florida 32751 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. Page 3 of 105 389 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. 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 to which the COUNTY has immediate access 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 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 it shall hold the COUNTY harmless and shall indemnify the COUNTY from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. Page 4 of 105 390 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 the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the 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. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 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 Brad Pascarella, PE Sr. Project Manager Scott Lain, PE Sr. Project Manager Adrian Baus, PE Quality Control Amir Peymayesh Electrical Engineer Danny Herrera Sr. Electrical Designer Jose Quedo Electrical Engineer Gabby Pelletier Electrical Designer 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. Page 5 of 105 391 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 of this Agreement a lump-sum total of Six-Hundred, Sixty- One Thousand, Four-Hundred and 001100 dollars($661,400.00) based on the proposal outlined in Attachment B. 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 Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") . Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County 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. Page 6 of 105 392 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 A: VII 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 $500,000 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. Page 7 of 105 393 E. Professional Liability insurance of $300,000 per occurrence and $500,000 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. 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 Page 8 of 105 394 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. 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. Page 9 of 105 395 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. 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: Consultant Cost Proposal", "C: Sub-grant Agreement 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 Page 10 of 105 396 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 County 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 together with interest calculated pursuant to Section 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); 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 COUNTY or the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents of the County Clerk. 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 County Clerk determines that monies paid to 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 Page 11 of 105 397 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 CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. Page 12 of 105 398 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. 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 VIII 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, Page 13 of 105 399 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 by the contracting officer 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 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 advising the said labor union or workers' representative of the consultant's commitments under this section and shall Page 14 of 105 400 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; 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; Page 15 of 105 401 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 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 Page 16 of 105 402 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 Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Contractor or keep and maintain public records that would be required by the COUNTY to perform the service. If the Contractor transfers all public records to the COUNTY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the Contractor of the request, and the Contractor must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. Page 17 of 105 403 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE#305-292-3470 BRADLEY-BRIANLMONROECOUNTY-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 This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. 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. 9.27 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 Page 18 of 105 404 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. 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION The 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. 9.29 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. 9.30 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. 9.31 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 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, and 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. Page 19 of 105 405 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 requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.32 AGREEMENTS WITH SUBCONSULTANTS In the event that the CONSULTANT subcontracts any or all of the work in this project to any third party, the CONSULTANT specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the COUNTY. In addition, the CONSULTANT specifically agrees that all agreements or contracts of any nature with its subconsultants shall include the COUNTY as additional insured. 9.33 E-VERIFY SYSTEM. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONSULTANT and any subconsultant 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. Page 20 of 105 406 9.34 ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners and signed by both parties before it becomes effective. 9.35 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: 9.35.1 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). 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, 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. 9.35.2 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. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The 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 Page 21 of 105 407 contractors, 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 contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be 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. 9.35.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each 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 Page 22 of 105 408 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 CONSULTANT and any subconsultant responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subconsultant 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 CONSULTANT or subconsultant under any such contract or any other Federal contract with the same CONSULTANT, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subconsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The CONSULTANT or subconsultant shall insert in any subcontracts the clauses set forth in paragraph (b)(1)through (4) of this section and also a clause requiring the subconsultants to include these clauses in any lower tier subcontracts. The CONSULTANT shall be responsible for compliance by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs (1) through (4) of this section. 9.35.4 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. 9.35.5 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 C.F.R. Part 180 that implement Executive Orders 12549 (3 Page 23 of 105 409 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. 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 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. SAM exclusions can be accessed at .w ,,, .m. ov. 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. 9.35.613yrd Anti-Lobbying 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.) 9.35.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR 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 orthe 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. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or Page 24 of 105 410 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, I�.��.p. .;//,,,,,,,,,,,,,,,,,,,,,,,,,,, ,p, ,;,„ ov/sirnirndcoirm� irell�ensiive•• rocu�reirnent•• uiidelliine••c .. iro item. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 9.35.8 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. 9.35.9 Domestic Preference for Procurements as set forth in 2 CFR&200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (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. Page 25 of 105 411 Other Federal and FEMA Requirements (as applicable) 9.35.10 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. 9.35.11The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the 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 employment eligibility of all new employees hired by the subconsultant during the Contract term. 9.35.12 Program Fraud and False or Fraudulent Statements 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. 9.35.13 Access to Records. Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.35.14 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.35.15 DHS Seal, Logo, and Flags. The CONSULTANT shall not use the Department of Homeland Security seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The CONSULTANT shall include this provision in any subcontracts. 9.35.16 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.35.17 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 Page 26 of 105 412 change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONSULTANT. 9.36 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 27 of 105 413 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date: Date: MONROE COUNTY A77OMNEYS OFMCE APPROVED AS TO FORM COUNIYATTORINEY DATE: _5-qR-qnq.,i (Seal) CONSULTANT: MATERN PROFESSIONAL Attest: ENGINEERING, INC. Signature: Signature: Name:Teresita Engelhardt Name:Ryan B. Strand q 6"esf--- Title: Controller Title: President Date.06/05/2023 Date: 06/05/2023 Page 28 of 105 414 ATTACHMENT A Consultant Scope of Services 1.1 Scope The Board of County Commissioners for Monroe County, Florida (hereinafter the "County") is soliciting qualifications from interested firms to provide design and engineering services, permitting facilitation, procurement support, and construction oversight services in support of a Federal Emergency Management Agency ("FEMA") Hazard Mitigation Grant Program ("HMGP") (Subgrant Agreement No. H0820) that the County has been awarded. The activities required under this Grant Agreement include: • The design, sizing, placement, and permitting of emergency back-up generators at 21 locations across the County, which include local government administrative buildings, police and fire facilities, public works / fleet management facilities, and radio communication towers. Permanent generator capabilities should include capacities ranging from 30kW to 225kW, or the adequate size to support the critical facilities and include any necessary automatic transfer switches (ATS), wiring and other installation requirements. Permanent generators shall be protected against 500-year flood event by implementing specific activities or by locating the generator(s) outside the Special Flood Hazard Area (SFHA). Generators shall be protected against wind with a rated enclosure based on its location requirements and compliant with all applicable Federal, State, and Local Rules and Regulations. Please review the following list of locations and refer to the attached HMGP Agreement #H0820 for additional information on the locations and design requirements for these facilities: 1. Monroe County Public Works & Garage Facility Rockland Key, 111 Overseas Highway, Key West, FL 33040 2. Monroe County Bayshore Manor Assisted Living Facility, 5200 College Road, Key West, FL 33040 3. Monroe County Cudjoe Sheriff's Substation, 20950 Overseas Highway, Cudjoe Key, FL 33042 4. Scout Key/West Summerland Key Emergency Communications Tower, Coordinates 24.650691, - 81.309598 5. Marathon Emergency Communications Tower, 2796 Overseas Highway, Marathon, FL 33050 6. Monroe County Public Works Yard Marathon, 10500 Aviation Boulevard, Marathon, FL 33050 7. Plantation Key Public Works Garage, 87831 Overseas Highway, Islamorada, FL 33036 8. Tavernier Fire Station, 151 Marine Avenue, Tavernier, FL 33070 9. Monroe County Plantation Key/Magnolia Public Works Yard, 300 Magnolia Street, Key Largo, FL 33070 10. Key Largo/Andros Road Emergency Communications Tower, Coordinates 25.166866, - 80.374706 11. Marathon Government Center (EOC), 2798 Overseas Highway, Marathon, FL 33050 12. Monroe County Fleet Garage, 10500 Aviation Boulevard, Marathon, FL 33050 13. Monroe County Sheriff's Office Marathon Substation, 3103 Overseas Highway, Marathon, FL 33050 Page 29 of 105 415 14. Layton Volunteer Fire Department #18, 68260 Overseas Highway, Layton, FL 33001 15. Layton Volunteer Fire Department #18 Living Quarters, 68260 Overseas Highway, Layton, FL 33001 16. Lower Sugarloaf Fire Station #10, 17175 Overseas Highway, Summerland Key, FL 33042 17. Big Coppitt Fire Station #9, 28 Emerald Drive, Key West, FL 33040 18. Cudjoe Solid Waste Transfer Station, 740-780 Blimp Road, Cudjoe Key, FL 33042 19. Long Key Solid Waste Transfer Station, 67901 Overseas Highway, Long Key, FL 33001 20. Key Largo Solid Waste Transfer Station, 11180 County Road 905, Key Largo, FL 33070 21. Monroe County Fire Academy, 56633 Overseas Highway, Marathon, FL 33050 • The design, engineering, permitting, and placement of two (2) 5,000-gallon fuel tanks at the Monroe County Sheriff's Office Stock Island Detention Center located at 5525 College Road, Key West, FL 33040. Fuel tanks shall be protected against 500-year flood event by implementing specific activities or by locating them outside the Special Flood Hazard Area (SFHA). Fuel tanks shall be placed and protected against wind and compliant with all applicable Federal, State, and Local Rules and Regulations. Please refer to the attached HMGP Agreement #H0820 for location information and additional information on the design requirements of the fuel tanks. Pursuant to the requirements of the grant agreement and the nature of the scope or work, the County anticipates the following to be a non-exhaustive list of the engineering tasks required to be performed by the selected vendor(s): • Study and/or assessment of various County facilities to determine the optimal size of a permanently installed emergency back-up generator. • Development of electrical load calculations and design drawings sufficient to support final construction drawings and specifications for bid in support the installation of permanently installed emergency back-up generators. • Site survey and delineation of permanently installed emergency back-up generators installation requirements relative to County, State, and Federal regulations pertaining to protection from flood and wind hazards. • Preparation of maps, site plans, ground disturbance depictions, and other engineering deliverables as requested by the County. • Geo-Technical and related engineering support and resulting products to support the installation of fuel tanks in a FEMA-recognized high-hazard velocity ["VE" Zone] special flood hazard area [SFHA] • Preparation of 30/60/90 percent designs and final construction drawings to support public bid/solicitation of the construction phase of the generator(s) and tank installation projects. • Development of Opinions of Probable Construction Costs for the work designed by the selected vendor(s) • Support with identification and application to various local, state, and federal agencies necessary to permit the construction phase(s) of the various scope(s) of work. Page 30 of 105 416 • Provide as-needed support with archeological, historical, cultural [State Historic Preservation Office] investigation and investigations to support agency permitting processes. • Other documentation and demonstrative tasks required by local, state, and federal agencies as required. 2.1 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 an aggressive six (6)- month timeline in accordance the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 2.2 SCHEDULING REQUIREMENTS 2.2.1. Baseline Schedule 2.2.1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2.2.2. Monthly Schedule Update 2.2.2.1 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. 2.2.2.2 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. 2.2.2.3In 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 are 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. 2.2.2.4 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. Page 31 of 105 417 2.2.2.5 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. 2.2.3. Project Development Process 2.2.3.1 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 Proceed 07/01/2023 Programming and Design Phase Approved Schematic Design Documents 30% 08/01/2023 Approved Design Development Documents 60% 10/01/2023 Approved 90% Construction Documents 11/01/2023 Approved 100% Construction Documents 12/01/2023 Permit Phase Approved Building Permits 02/01/2024 PHASE II Construction Phase TBD Dependent upon FDEM/HMGP approval of Phase I deliverables. 2.2.3.2 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. 2.3 COST ESTIMATING REQUIREMENTS 2.3.1 Baseline Cost Estimates 2.3.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.3.2 Cost Estimate Updates. 2.3.2.1 The CONSULTANT will update the Baseline Cost Estimate with 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. Page 32 of 105 418 The CONSULTANT's final Opinion of Probable Cost will be in a format suitable for submittal as a Phase I deliverable by the COUNTY to HIVIGP's technical review team. 2.3.2.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. Page 33 of 105 419 ATTACHMENT B Consultant Cost Proposal Page 34 of 105 420 MATORNMKhqpkaP Ekn!biva PhiaW.4»F;m MPNEFRING MONG SYMMS MAT WORKV FOR YOU TLchimhxly-Ene(()y- FEE PROPOSAL/CONTRA C DATE, April.26, 2023 OWNER: Ms. Jordan Salinger, PMP' Senior Project Manager Monroe County Public Works&Engineering Project Management Department 2955 Overseas Highway Marathon, F1_33050 RE: Monroe County—Engineering Design,Services for Generators at Cribcal Facilities, MICE#T-6526 Dear Ms, Salinger, We submit herewith MATERN's fee proposal and/or contract on the above project. We appreciate the opportunity to provide you with this proposal. 1. GENERAL DESCRTPTION OF PROJECT SCOPE 11 Project is funded thrOLIgh,the Federal Emergency Management Agency(FEMA)Hazard Mitigation Grant Program(HMGP)DR-4337-FL, Subgrant Agreement No H0820,which has been approved by the Florida Division of Emergency Management(Division)and(FEMA), 12 This proposal is for Phase 1 Design Services Only, The duration of this on will end with,Permit Ready documents 1.21. Phase,2 Construction services shall be negotiated at a later date and is not included with-in this proposal 1 3 Scope of services is based on the received Request for Proposal provide 1A Provide Prime Design Consultant Project Management Services,design Professional Engineering Services, and permitting in support of installing generator at twenty-one (21) separate,existing Monroe County Facilities. 1,41, Study and/or assessment of various County facilities:to determine the optimal size of a permanently installed emergency back-up generator. 142 Development of construction documents for bid in support the installation c)f permanently installed ernergency back-up generators. 1 A& Site survey and delineation of permanently installed emergency back-up generators installation requirements relative to County, State, and Federal regulations pertaining to protection from flood and wind hazards 1,44. Preparation of maps, site plans,ground diStUtlbance depictions, and other engineering deliverables as requested by the County 145 Geo-Technical and related engineering support and resulting products 10 Support the installation of fuel tanks in a FEMA-recognized high-hazard velocity ["VE"Zone] special flood hazard area JSFHAj 146. Support with identification and application to various local, state,and federal agencies necessary to permit the ronstrualJon phase(s)of the various scope(s)of work 1 4 7 Other documentation and demonstrative tasks required by locali,state, and federal Corporaier)ffiLa�130fandarx Drive, Ilailland,Florida 32751 3331 Phow 407,740.5020 Oflandci,Fod Myers,Tmipa MADAM-FLORIDA„GUORGtA NORTO CAROLINA.PFNNSYLVANIA�SOUTIA CAROLINA,TLNNESSEE-MWAS VIRGUA Page 35 of 105 421 Monroe County Generators-Fee Proposal April 26,2023 agencies as required "1 4.8. Generator locations, 1. Falarame C ourey l ubitu Wtoka A I":7aoafrt1 I nrr Oty I .^0karW Key, 't I I ave m owi, HH3hmv'ay,Kny VFeat,F1,33040 2. hlarvua County Sayshofe fAanur Asslstud Lavahg I a fity,533a3 Co0opo Haaa,Key fmt,Fr,1�040, 3, MOM00 CaaWAY Clraldaae ShOPI'S SUbstation, 20950 Overwas Hghmway, C,aw3ioe Key,Ft 33342 A, Sr"`md Keyt lest S.aaaamaw Barad Kt y Frrvaacg enrry Cnaowurwpraeafaaaali amra 'riawat, Gtaardinaiws 71.&351bh"ae31.-B1 tt1r15" 5 Marathon Errergenry Cammunirkv*rs Tower, 7796 Ov erm as Highway, tularaaH6vo n,FL 3,3 1 6, Monroe Courrdy f`WOic wsark% Yard I"alrarathrrn, t 500 Avvdoon Boulevard, hb aathon,FL 33050 7. PmlrslAhcmca Key Paaakalu;wcmaks&aarrayle, B7831 r3vet^arraana ifighwaay, lalarnoraate I-L, 33Gk1."gym , 7eavora"O Fl e%LaNci n, 15'1 Marine Averwo,7aav(pr ,ier,R ,'Y'17'0 3, trlon(ne Catrawty F"trantaation KayflMa rkilia PubV c Worka y'wrf,XA)Magnolia siruaw, 15.Ke Lazrtgal7 idrrrm Road L.rnaarygency CVuarrurrararniaaations Tower, Coor3Praaate5 151 5 .m 30,374706 11 h1araalPaawn G3evemrrraae-0 C':eatner iF p, 2798 Overave;aa Hlallawawy Hmlana°a¢ttcrrr. Ft. 12,hlrnruroe c4mrity Fleet<,aarrago, 135M)AwAlJoo Uoiih va(d Maarralhwr ,H.33050 13,twla^awwoo County 5herdtira P,<ffic,,,,e Nlaaaathan Substation 3103 G3vera,ruis Hdu hw,,ay Maraailion.FL 331160 14 L,ayrl,crra V&iiralraarrr Fite Department 018, 58260 Dvcrwueam Highway, i-aytc , FL 3;'tC1a31 15,L aytnar,Volunteer Fare Deganartirruerrt tt1S V ivin g Ctwmers,687.60 Oversr fls H4ghwcay, t„raytar%FL 3,3001 16,U er 5ugarloat Fire slat)n Ol r1,'17175 0vtitw as Holvway,3aartawrreerMtaraut rwy,FL 3,:3042 17',.4iq(n oplrwltj Fire S`volon A9„28 rmeraald Dove,Kay talc at4 F' 33040 I O.t.'adio,e SMA Waste Transfer;.„tahaaa, �a 7 0.7313 fts Road,cuaNy°aar xey,rL 333 19 Lrrog Key tµ36,gd`aNaaate Tram.;tazr SfaaXon,67901 ti3uuanwara Pag#),raray,Lonq trey,FL 3.X11Gt 1 2,0 Key t.ar ca Sorlr'1 Wamwe"rraarmataar Fitaataarn, 11180(°r"rrunly Ruaay 905,Key t go,40,FIL 33070 21.Monroe County Fope Aca rarmy 56633 Ovurseaa A figyhway.Marathon,FL 33GUI 1,5. Provide Prime Design Consultant Project Management Services,design Professional Engineering Services,, and permitting in support of the two(2)5,000-gallon fuel tanks at one (1)location. 1.5.1 Fuel Tank Location 1 Monroe County Sheriff's Office Stock Island Detention Center, 5525 College Road, Key West, FL 33040. 1.5. Monroe County Facilities is the end user of these services("Owner") 2. ENGINEERING SERVICES 21. Prime Design Consultant Project Management Services. 2.1.1. Overall Management of Protect during Phase 1, including contract administration, budget management, invoice„ monthly status reports,scheduling, assistance with FEMA reports l documentation as necessary, and coordination with the owner. �2.2, Electrical, Power Generator and ATS design, connected to an existing Electrical Distribution 2,3. Mechanical; Fuel Tank installation-Pumping and Piping, Corporate Office-130 Caradacee C3rivea, aitlmand„Florida'3775L 3331 Plraerw_407.740.5020 0dandur,Fwi Mvws,Twopra FL C A 16096,,Federal C".AG1E#OSCC131 G5A Smail Suwaesr Contract#47QSHA'19DO026«uwmvaw niaatenn lot Registered°ALABAMA•FLORIDA�GEORGIA,NOWIH CAROLINA,NENNS'VL.VANIA,SO11711 CAROHNA-1TNNFSSEE,'WYAS,VIRGINIA Page 36 of 105 422 Monroe County Generators—Fee Proposal April 26,2023 2.4. Structural and Civil Services: Refer to Sub consultant section below, 3. SCHEDULE 3,1 A baseline project schedule will be developed indicating the Preconstruction activities and the anticipated completion dates for milestones. The following shall be the minimal tasks to be tracked: 31-1 Design Contracting Phase 312 Programing and Design Phase 1 Schematic Design Documents(30%) 2- Design Development.Documents(60%) 3, Construction Documents(90%) 4 Construction Documents(100%) 3.1.3, Permit Phase 4. DELIVERABLES 4.1 30%Preliminary I Schematic Design 4.1 1 Kick off meeting with owner and existing site investigations. 1 Determine if Subsurface Utility Engineering(SUE)is required for existing utility location purposes, 4.12 Basis of Design Narrative to include proposed generator size, existing power,loading, equipment installation, site improvements, and fencing as applicable, 4.1.3, Site Survey and Geotech services performed(Sub Consultants) 42 6011/o Design Development Phase: 4,21, Preliminary layout of engineering services including location of equipment, devices, single line, sizing equipment, erigineeis probable cost, meeting with owner. 4.22 Preliminary Structural and Site Civil design(Sub Consultants) 4.2.3. Prepared 60%Design documents for owner review. 1 One(1)electronics set of drawings in PDF format, 2. One (1)electronic copy of Technical Specifications in PDF format, 3, One(1)copy of an Engineer's Opinion of Probable Construction Cost 43. 90%Construction Document Phase: 4.3.1. Prepare 90%Engineering Drawings and Specifications for final review, 1 One (1)electronic set of drawings in PDF format, Z One(1)electronic copy of Technical Specifications in PDF format 3, One(1)copy of an Engineer's Opinion of Probable Construction Cost, 44. 100%Construction Document Phase: 4.41. Prepare Complete Engineering Drawings and Specifications for construction 1 One(1)electronic set of drawings in PDF format 2- One(1)electronic copy of Technical Specifications in PDF format, Corporate Office.130 Candace Drive,Maittand,Flcnida 327513331 Phorw 407 7,10,5020 o0ando-Fact Myers.1 ampa FL CA 46096-Federal CAGE' 0SCID31 GSA Small Bus4iem C,'onhact#9709HAIM0026,wwwrnalarn net Registered.ALARAMA�FLORIDA�GEORGIA,NORT14 CAROLINA-PENNSWI.VANIA.SOUTH CAROLINA�TENNESSEF,TEXAS a VIRGINIA Page 37 of 105 423 Nion roe County Generators—Fee Proposal April 26,2023 3. One(1)copy of art Engineer's Opinion of Probable Construction Cost. 45, Permit Phase: 4.51. Provide signed and sealed drawings and technical specifications for owner to obtain the required building permits. 4.5,2. Answering any Building Department permit questions and/or comments 5 Additional Services Additionai Services Requiring Owner's Written Authorilation 51, Bidding Phase 52 Construction Phase 53 Post Construction Phase 5,4, Provisions of services of Consultants for architectural, structural, civil, anct/or larlds(A- ping design beyond those mentioned above within the General Project Scope. 5.5 Services,to make measured drawings of existing conditions or facilities, to conclue't tests or investigations of existing conditions or faclKies,or to verify the accuracy of drawings or other information furnished by Owner or others. 5,6, The preparation of feasibility studies(such as those that Include projections of output capacity, utility project rates, project market demand, or project revenues)and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do snot include renderiing,advice regarding municipal financial products or the issuance of municipal securities. 57, Additional services made necessary by changes in the scope of the work as directed by the Owner. 58 Providing services in connection with evaluating more than a reasonable,number of substitutions proposed by the Contractor and making subsequent revisions to,Drawings, Specifications and other documentation resulting there from. 5,9. Project Commissioning is an independent engineering discipline, Itis the process of assuring that all systems and component of a building are designed, Installed,tested, operated, and maintained according to the operational requirements,of the Owner, 6. CLARIFICATIONs/AssuMPTIONslExCLUSIONS 61 Uniess specifically noted herein, sen/ilces 0clude only engineering for basic building and/or site. Special systems or studies not included. 62 Meletings(during design 2hase).; 6,21 Meetings: Virtual Meetirigs are included and planned for each deliverable phase. Up to one (1)in persw"i meeting Is Included during schematic site Investigation phase If requested, if additional in person rneefings are requested, they would be billed at an hourly rate as extra services 6.22 Job site visits, Due to existing conditions,One(1)trip for up to four(4) persons are Included for site investigations, U, Reimbursable Expenses: 6.3 1 All expenses,including travel, lodging, and meals are included in the fees 64 Cost Estirnatincl: Engineer's opinlons(if any)of probable Construction Cost are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry However,because Engineer has no control over the cost of labor, materials, equipmeat, or services furnished by others, or over contractors'rnethods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost preparers by Engineer. If Owns r requires greater assurance as to probable Construction Cost,then Owner,agrees,to ohtain an independent Coporate Office.130 Candave Dfive,rdaitiand,nuoida 32751-3331 P hormn 407.740.5020 Odando I Fwf,Mytwi,Tampa K U#HgG I Fecloiil CAG,E#OSCM I GSA Smifll CoWWWQSHAN000215 I Amrosrotaili iiol, RogisAmed ALABAMA,F I.ORIDA^GEORGIA r NORTH CAROLINA,Pt-NNSYLVANW,SOUTH CAROI.INA,TFNNFSaF,TEXAS r VIRGINiA Page 38 of 105 424 Monroe Couinty Generators—Fee Proposal April 26,2023 cost estimate. Engineer is not a professional Cost Estimator. 6,5 Field Verification. All existing conditions cannot and will not be shown. Items,which canrrot be seen will not be verified(i,e. items In walls, behind large equipment, above ceilings,etc.), Items above accessible ceilings may be spot checked to verify existing condition however, all Items, exact routings of conduit, piping, and/or duct, and exact circuitry, etc will not be check verified &6, Fee does not include reworking of existing power service equipment. Fee and estimate of probable cost induces connecting and extending above systems. 6 7, The law does not require design to be 100%perfect or documents to be wholly complete, however design seMces do have to be sufficient It is important to realize that the purpose of the Engineer's construction documents is NOT to serve as an instruction manual showing the Coil.ractor how to assemble systems. Drawings and specifications define project scope ardcfesign intent, but the Contractor's Work Plan for the means-and-methods of construction(i,e. their shop drawings, schedules, subcontracts,etc,)must define When and how it will be constrLcted. 68. It is assumed that a U building systems required to be connected to and extended are extendable and comply with all applicable codes and/or standards Reworking of existing main equipment is not included in this proposal (1,e. Main Electrical Distribution EqUiphlent) Project is to be delivered in one(1)bid package with each site being R's on separate package, 5110. It is assumed adequate and accurate As-Built drawings will be, provided to Engineer for Engineer's use 7. EXTRA SERVICE RATFS 7 '1 MPE-Hourly Rates(If applicable for extra services or as noted) Principal Engineer/QC $255,00, Sr, Proi I ect Manager/Engineer V $17Q00 Engineer IV 3145,00 Project Manager $140,00, Engineer 11/Designer IV/Field Tech III /CADJBI M Support 11 $125,00 Engineer I/Designer Ill f Field Tech 111 $110,00, Designer II/Field Tech I fCAD/BI M Tech 1 $90,00 Designer I/CADD Tech 1Clerical 580.00 8 SUBCONSULTANTS 81 Structural Engineering design services will be provided by Select Structural. 8.2. Civil Engineering design services will be provided by CVV3 Engineering. 8,2.1 Surveying and Geotech services will be provided under CW3 Engineering. 822, SUE,utility location will be provided Under C\M Engineering,as necessary 83. It is solely for the expressed co nven ease of the Owner that M PE will hire the above firm(s) as Subconsultants under this contract MPE will coordinate its work with that of any Subconsultants but cannot piavide any warrarity/certifica-Uons for the accuracy of their work product, Corporate Office:130 Candaea Drive,Wiftland,F 10di 32751 3331 Phone!Ifil 144,WH Orkindo Fort MyFr,,,-Tarnpi Pt CA-AdHd-Ferlvai Aar 0,SOWI�GS'A sm,14 Huspim ss Contrad 0110,'41A Kff')602ey-mmm,matorn nak Regissare4 AI-F1,01RIDA-GEORWA•NOR]H CAROLINA,PENNSYLVANIA•SOUM CAROONA.FE-NNESSFE TEXAS-VIRGIN iA Page 39 of 105 425 Monroe County Generators—Fee Proposal Apiri 126,2023 9 FLEE .1. Fee Lump Sum,: Basic serve ces Total I Mechanical/Electrical ConstrUCtion Documents (SD, BB, 90%CD, 1010%CD, Permit) Civil Engineering+Survey'/GeoTech SUbs— $284,900 CW3 En@ineers Stw&Lffal E n9ineeril rig— $69,000 Select Structural SIB bTota 1 $639,900 Non Spe,cif ic Additional Services/SUE Allowance $211 500, (Must be Approved by the county) Total $661,400 It you approve of this proposal/contract please affix your signature below, Please call if You have any questions in regards to this Agreement, Sincerely, MATERN PROFESSIONAL ENGINEERING,INC. -",r Bradley Pascarella, P'E, LEEDAP Authorizatlon to provIde the above Sr Electrical Engineer/Sr Project Manager Enclineerinq Services, BP,by Signed: Name- Ti le: Date Co fpofmtv office.110 Candace Drivu,Maittand Ffodida 72751,3331 Phwm 107.740.5020 ()oNando,Van Wye��',I Tampa FIL CA 45006,Fedeol GAGE#0SCD31 CISA Srrmfl Busma,,s Gon()rad 9470511AgDDUQHJ*voww,motfwn,net RiHist000d ALABAMA,FLORWA,GEORGIA,N,DRYH CAROLINA,PENNSY[VANIA,SOUTH CAROLINA,TENNESSEE,TEXAS sVIRGINIA Page 40 of 105 426 ATTACHMENT C FEMA Hazard Mitigation Grant Program (HMGP) Subaward and Grant Agreement Project Number: 4337-524-R Agreement Number: H0820 Page 41 of 105 427 Agreement Number: H0820 Project Number: 4337-524-R FEDEFALLY'FUNDEOSUBAVVARD AND GRANT AGREEMENT 2C.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 acontect.^ Ao defined by2C.F.R. §20O.1. ^pooe-thmughentity^ means''a non-Federal entity that provides a eubawardtuaaubedpienttu carry out part ofu Federal pmgnam.^ Aa defined by2C.FR. §200.1' "Sub'Reoipient' 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." Ae defined by2C.F,R. §20U.1' "Federal award" means"Federal financial assistance that o non- Federal entityneceivesdiectlyfmmaFedera| awardingngencyorindireot|yfmmapass-thmughenti|y," Ae defined by2C,F,R. §2OO.1. ^subawonj^ means"an award pmvidedbya pass-through entity toa Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information ia provided pursuant tu2C.F.R. §200.33Z Sub'Reoipient'aname� Monroe County Sub'Reoipiert'e unique entity identifier(UB/FBN)� 59'00007 Federal Award Identification Number (FA|N)� FEMA-DR-4337-FL Federal Award Date: January 25 2022 Subaword Period of Performance Start and End Date: -Upon Amount cf Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement� Total Amount of the Federal Award committed tn the Sub- Recipient bythepoee-thnoughentity Federal award project description (see FFATA) -Generators Name uf Federal awarding agency: Federal E Management A Name of pass-through entity� FL Division of Emergency Management Contact information for the pass-through entity: Carmen.AcojtaQq)gm,..ag Catalog of Federal Domestic Assistance (CFOA) Number and Name: A703Q Hazard Mitigation Grant P Whether the award iaR&O: N/A Indirect cost rate for the Federal award: Page 4%of10G 428 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters inTallahassee, Florida (hereinafter referred toao the^Oivision'). and Monroe County, (hereinafter referred tooe 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 aa the recipient ofoauboword THIS AGREEMENT |B ENTERED INTO BASED ON THE FOLLOWING REPRESENTAT|QN& 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 out|inedbe|mw- end . . C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE. the Division and the Sub-Recipient agree tn 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 io required toperform. 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 fai|otoperfonntheminimum |eve| nfeemiceraquinedbytheagnaement. V. 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 ofunob|igcted funds which has been advanced ur paid must be refunded tu the Division, 2 Page 43of10G 429 vi. A provision specifying that any funds paid inexcess 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- |n addition hu the foregoing, the Sub-Recipient and the Division ahoU 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, ru|e, or regulation applies. (3) CONTACT a. |n accordance with section 215.Q71(2). Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and ahu|| serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grunt Manager for the Division shall: i Monitor and dooument8ub'Reoipient 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 ofMitigation Florida Division ofEm*nJenoyManagement 2555 ShumavJ Oak Blvd. Tallahassee, FL323Q9-210O Te|ephone� 850-682-9458 Email: The Division's Alternate Grant Manager for this Agreement is, Kathleen Marshall Community Program Manager Bureau of Mitigation Florida Division o[Emergency Management 25558buman1 Oak Boulevard Tallahassee, FL323QA Telephone: 850-815-4503 Email: Kathleen.Marshal @em.my |orida.00m Page 44of10G 430 1. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Cary Knight, 1100 Simonton Street Suite 2-216 Key West, Florida 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 April 30, 2023, 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. §200.1,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 Page 45 of 105 431 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 21O' Florida Statutes, or the Florida Constitution. o, The Division will reimburse the Sub-RecipientgDly for allowable costs incurred by the Sub-Reoipientin the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment Aof this Agreement(^Budget and Scope ofVVnrk'). The maximum reimbursement amount for the entirety of this Agreement is$396,000.00, d. As required bV2C,F.R. §2OO.415(a). any request for payment under this Agreement must include acertification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads oefollows: "By signing this report. | certify to the best ofmy 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. | 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, te|ee etsdemente, false claims orotherwise. (U.S. Code Title 18, Section 1OO1 and Title 31 Sections 372Q'373O and 38O1-3812).^ 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 min1mum acceptable level of service tobeperformed� 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. §200.1 as 'a target level of performance expressed as a tangib|e, measurable ubjective, against which actual achievement can beoompared." It also remains consistent with the requirement, contained in2C.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 2CF.R. §200.430 ('Compenuation--persuna| aemices`) and 2C.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, iUnees. fai|unyoftheemployertnpmvideouffioiontvvork. orothermimi|orcauee (Gee2QU.S.C. §2O7(e)(2)). then the Division will treat the expense aoo fringe benefit. 2C.F.R, §200,431(a) definee fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wagea" Fringe benefits are allowable under this Agreement aa long aa the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub'Recipient. 2CF.R §2O0.431(b) provides that the cost of fringe benefits in Page 46of10G 432 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 po|iciea-, ii The costs are equitably allocated ho 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 2C.F.R. §200.474 Aa 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. |f the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated insection 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 dn not exceed charges normally allowed by theSub'Reoipientin |taregu|aroperationma*mreeu|tnftheSub'Reoipient'owrittenteve| po|ioy� 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)(o). Florida Stmtutea, 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 ufthe expenditures incurred bythe Sub-Recipient. j. Ao defined by2C.F.R. §2OO.1. the term"improper payment" means orincludes: i Any payment that should not have been made or that was made inan incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements, and, ii Any payment toan 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 paymentavvhereouthorizedby |aw). anypoymentthatdoeonotoocountforcreditforapp|ioob|e dimuounte, and any payment where insufficient or lack ofdocumentation prevents a reviewer from discerning whether o payment was proper. (10)REC�}RDS e. Aa required by2C.F.R. §2OO.33O. 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 eward, in order to make audita, examinadione, excerpts, and transcripts. The right 6 Page 47of10G 433 of access also includes timely and reasonable access to the Sub-Recipient's personnelfor the purpose of interview and discussion related to such documents. Finally,the right of access is not limited tothe required retention period but lasts aa long me the records are retained, b Ao required by2C.FR §200332(u)(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 staternents, 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. o. 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 ounmultantapaidfmmMundaunderthiaAgreement. foroper|odoyyive (5)yeamhnmthedaLeoY 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 ur the Sub-Recipient ia 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 V. When records are transferred tnormaintained by the Federal awarding agency or pass-throughentity the5'year retention requirement in not applicable tothe Sub-Recipient. V. Records for program income transactions after the period nfperformance. In some cases, recipients must report prognsm income after the period uYperformance, Where there iesuch a requirement, the retention period for the records pertaining to the earning of the pmgnem 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 ho the following types cf 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). Page 4&of10G 434 d. |n 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 |n accordance with 2 C.F.R. §200.338. the Division must always provide oraccept paper versions of Agreement information to and from the Sub-Recipient upon request. |f 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 a|tered, there is no need to create and retain paper copies. When original records are pope,, 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 by2C�FR §200303. 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, |oua|. 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 io governmental proceedings and mandates three, basic requirement& (1) meetings ofpublic boards mrcommissions must be open tothe public', (2) reasonable notice of such meetings must begiven� and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private enthy, standing alone, is insufficient to bring that entity within the ambit of the open government requirements However, the Government inthe Sunshine Law applies to private entities that provide services togovernmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. |fa public agency delegates the performance of its public purpose to a private entity, 1hen, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, ifavolunteer 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, bo the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Ageemant, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing boon] may be subject to open government requirements. These meetings shall be publicly notioed, open hothe pub|ic, and the minutes uf all the meetings shall be public naco/ds, available tuthe public in accordance with chapter 110. 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 Legim|atune, all materials made or received by governmental agency (ura private entity acting on behalf of such en agency) in conjunction with official business which are used to 8 Page 40of10G 435 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 apublic 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 frorn 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 ofWork Attachment 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 THUS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-7671 Records@em-NMyfloKida'com, or 2555 Shumard Oak Boulevard. Tallahassee, FL 32399' (11)/V=DVTS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C,F.R. Part 2DD. 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, §2OO1. G&AP"hasthemeaningspeoifiedinaocountingstandardsisyuedbytheGovernmentA000undng Standards Board(GASB) and the Financial Accounting Standards Board (FASB)." o. When conducting an audit of the Sub-Recipient's performance under this Agreement, theDivieionaha|| uaeGenera||yAuoaptodBovernmentAuditing8tandonds (''GAGAS^) Aa defined by2 CFRg2001. BAGAB. 'a|aoknwwnastheYe||owBook. meansgenera||yacceptedgovernmentauditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." U. Uen audit shows that all mr any portion of the funds disbursed were not spent|n 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. 0 Page 50of10G 436 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.govffac/coIlect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (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 Page 51 of 105 437 d. It 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 (18) REMEDIES. "Acceptable tothe Divimion'' meanothatthemmrkpmductwamoomp|etedinoocordanuewiUhthaBudgedandGoopeofVVork 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 AttachmentF (13)YM3NITORIYNG a TheSub'Reoipient shall monitor he performance under this Ageement, 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'aiteviaita by Division atsff. limited scope audita, 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 tu comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. |n addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY e. Unless Sub-Recipient is State agency orsubdivision, 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, aa authorized by section 7G8.2RM0. 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 uf this Agreement, Sub-Recipient agrees that itia not an employee or agent of the Division, but is an independent contractor. b. As required by sedion78G.28(1Q). Florida Statutes, any Sub-Recipient which is 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 70G.3G' Florida Statutes. Nothing herein is intended to serve eoa waiver of 11 Page 5%of10G 438 sovereign immunity by any Sub-Recipient ho 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 (18), hovvever, the Division may make payments or partial payments after any Events nf Default without waiving the right to exercise such remediee, and without becoming liable tu make any further payment if: a Any warranty or representation made by the Sub-Recipient in this Agreement nrany previous agreement with the Division isor becomes false nr misleading in any respect, orif the Sub- Recipient%yi|atukeeporperformanyoftheub|iAat|une. termaorcovenantaintNaAgreemenLurany previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Ageement� 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 (3O) days from the date written notice im sent by the Oivimimn� u. Any reports required by this Agreement have not been submitted to the Division or have been submitted with inoornan(, incomplete orinsufficient information, or. d. The Sub-Recipient has failed to perform-and complete on time any of its obligations under this Agreement. (16)fREMNEJ0ES If an Event of Default occurs, then the Division shall, after thirty(30) calendar days written notice tothe Sub-Recipient and upon the Sub'Recipient'shyi|ue to cure within those thirty (30) daye, exercise any one or more of the following remedies' either concurrently or consecutively: o 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 c|eoo moi|, postage prepaid, by registered or certified mail-return receipt requested, to the address inparagraph (3) herein� b. Begin an appropriate legal or equitable action to enforce performance ofthis Agreement, o. Withhold or suspend payment uf all nr any part ofarequest for payment, d. Require that the Sub-Recipient refund tothe 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 Page 53of10G 439 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 tw advise that more serious measures may betaken if the situation in not corrected, iii Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or W 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 nr 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 thieAAeementnrtai|ntoineiatnnethctperformanoebytheSubRecipient. itwxUnotaffeot. extendor 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 Bub'Reoipient. (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, o. The parties may agree to terminate this Agreement for their rnutual convenience through awritten amendment of this Agreement. The amendment will state the effective date ofthe 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 ofthe 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. §@2OO.318 through 2DD.527as well as Appendix || to2GF.R. Part 2O0 (entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Awards^). b, As required by2C.FR. §200318(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 ur 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 ordara.^ |n order todemonetnate compliance with this requirement, the Sub- Recipient aho|| dooument. initaquarter|yrepurttotheOivimion. tho [xoyreumofanyanda||suboontnaotora performing work under this Agreement. d. The8ub-Reoipientagneeshoimc|udeintheauboon1nsctthat(i)thesubcordnsduris 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, tn the extent allowed and required hylaw, e As required by2CfR. §2UO318(o)(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 ofrontnaoto.' f. Aa required by2C.F.R. §2OO.31A(u)' the Sub-Recipient shall conduct any procurement tinder 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 ho qualify todo business-, ii Require unnecessary experience orexcessive bonding-, iii Use noncompetitive pricing practices between firms or between affiliated oompan/ee� iv. Execute noncompetitive contracts tu consultants that are onretainer contracts-, V. Authohze, oondonm, or ignore organizational conflicts ofintenaa � vi Specify only a brand name product without allowing vendors to offer un equivalent', 14 Page 5Gof10G 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 tn bid ona 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'Reoipient. as required by2C.F.R. §2OO.31Q(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 2C.F.R. §2OO.320(d) ae well ma section 2D7.U57(1)(a)' Florida Statutes. i The Sub-Recipient shall conduct any procurement involving requests for proposals (ie competitive proposals) in accordance with 2CFR. §2UO.32O(2) aw well aa section 287.0G7(1)(b). Florida Statutes. i For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F,R� §200.321 ("Contracting with emmU and minority buaineaaem, women'a 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 in2C.F,R� §§20U31R through 2O0.327and required contract provisions in Appendix ||to2C.F.R. Part2OO. |f the Sub-Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procurement standards in2 C.F.R. §§200.318 through 20U327or the requirements of Appendix ||tm2C.F.R. Part 2OO' then the Sub-Recipient iaon notice that the Division may: a) Terminate this Agreement in accordance with the provisions outlined in paragraph (17) abnve� or, b) Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. |. FE MA has developed helpful resources for subgrant recipients related to compliance with the Federal procurement standards in2C.F.R. §§203.318 through 200327 and required contract provisions in Appendix || to2C.F.R. Part2O0. These resources are generally available et 15 Page 5hof10G (10 ATTACHMENTS a All attachments to this Agreement are incorporated aeh set out fully. b |n the event of any inconsistencies or conflict between the language ofthis Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict orinconsistency. o This Agreement has the following attachments: \ Exhibit Funding Sources |i AttaohmentA—BudgetandSoopeofVVorh iii AttaohmentB—PmgramftotuhasandRegu|adona iv� AttaohmentC—StstenoentufAeaunanoea V. AttauhmantD—RequeatforAdvanoamrReimburoement vi� AttachmentE—JuatifioationofAdvuncePayment vii. AttachmentF—Quarter|yReportForm viii. AitachmentG—VVarnantiemandRepnasentations ix� AttaohmentH—CertifioationRegardingDeborment x Attachment |—Federal Funding Accountability and Transparency Act A, AttaohmentJ—MandotoryCont,aotProviaions xii AttaohmentK—CertifioationRegardingLobbying (20) PAYM{ENTSi a. Any advance payment underthia Agreement ieaubjectto2C.F.R. §2O0305 and, as applicable, section 21O.101(15). Florida Statutes. All advances are required Lobe held inan interest- bearing aocount If an advance payment is requested, the budget data on which the request is based and ajustificaUon statement shall be included in this Agreement as Attachment E Attachment Ewill 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 ofa request for advanced payment. After the initial advance, if any, payment shall be made onareimburaement basis aaneeded. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project o,services. The final invoice shall be submitted within sixty (0O) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall Ue submitted to the Division grant manager ao part of the Sub- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. o. 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 Off ioeror under subparagraph (Q)b nf this Agreement, all obligations onthe part ofthe Division 18 Page 57of10G 443 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 o. All refunds or repayments due to the Division under this Agreement are to be made payable tothe order of"Division of Emergency ManaAement', and mailed directly to the following addem& Division of Emergency Management Cashier 2555Bhumord Oak Boulevard Tallahassee FL323AQ'21OO 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 ingreater. (22) MANDATED CONDITIONS a. The validity cf this Agreement is subject to the truth and accuracy n?all the information, reprenentations, 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, rep:aeentatione, 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 bein the Circuit Court of Leon County. |f 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 invalidateany 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. TheSub'Reoipientagreeat000mp|ywiththeAmericansVVithOisabi|itieoAct(Pub|io Law 101'336. 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 17 Page 50of10G 444 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under m 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 ornn the discriminatory vendor list. f� Any Sub-Recipient which io not a local government ur 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, muupended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified from covered transactions by a federal department or agency; ii Have not within ofive-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud ora criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local)transaction or contract under public tnanmaotiun�violation offederal or state antitrust statutes orcommission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen propedy� iii Are not presently indicted ur otherwise criminally or civilly charged bya governmental entity (fedens|, state or local)with commission of any offenses enumerated in paragraph (22)[ iiof this certification; and, iv, Have not within a five-year period preceding this Agreement had one ormore public transactions(federal, state or local)terminated for cause or default. g. |n addition,the Sub-Recipient shall send to the Division (by email orby facsimile transmission)the completed"Certification Regarding Debarment,Suspension, Ineligibility And Voluntary Exclusion"(Attachment H)for each intended Subcontractor which Sub- Recipient p|anstsfundunderthisAQreement. 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 refusentna||nvvpub|icaooenstoa|| doouments. papera. |ettmrnnrnthermoteria| subJecttnthe provisions uf chapter 11Q. 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 orbe 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 U.S.C. Section 1324a(e) [Seution274A(e) of the Immigration and Nationality Act (''|NA'')] The Division shall consider the employment by any contractor ofunauthorized aliens aviolation 18 Page 50of10G 445 of Section 274A(e) of the |NA. 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 Gection287D5805. F|uhdaGhauhea' naquireethatanystatefundopsvidedforthe 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 ofpurchase ur the completion of the improvements orae further required by law. |, The Division may, at its option, terminate the Contract if the Contractor ia found tu have submitted afalse 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 Liat, 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 ofIsrael. (23) LOBBYING PROHIBITION a. 2GF,R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b Sectinn21G.347. Florida Statutes, prohibits"any disbursement cfgrants and aide appropriations pursuant toa contract or grant to any person nr organization unless the terms of the grant uroontmcLpruhibittheewpenditureoffundefurthepurpuaeof|ubbyingtheLeQim|atue. thejudida| branch, ora state mgency.^ 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. TheSub'Redpientoertifiea. byita*igmstUretothieAgeement. thattothebeetofhio ur her knowledge and belief: i No Federal appropriated funds have been paid or will be paid, byoron beha|fuftheSub'Rooipient. tuanypenaunforinf|uenoingorattomptingtuinf|uenoeanoffioe/or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of o Member ofCongress in connection with the awarding of any Federal oontraot, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the exteneion, continuation, renevvo|, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii |f any funds other than Federal appropriated funds have been paid ur 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, oran employee ofa Member of Congress in 19 Page 60of10G 446 connection with this Federal contract, grant, |non or cooperative agreement. the Gub'RecipientehaU complete and submit Standard Fonn'LLL "Disclosure nfLobbying Activities." |ii. The Sub-Recipient shall require that this certification be included inthe award documents for all eubawarde (including euboontnada, eubgrante, and contracts under grants, |oona, 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. Submiaaionof this certification ieoprerequisite 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$1OO.00O 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 TQ THE STATE OFFLORIDA;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR|N CONNECTION WITH THE PERFORMANCE OFTHIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TOTHE 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 orcopyright 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 tu the State of Florida. |f any books, manuals, films, ur other oopyrightob|e 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. n. VNthinthirty (30doyonfexe*utionofthieAgreementtheSub-ReoipientahaU 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 toall 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. |n the case of joint inventions,that ia 20 Page 6Yof10G 447 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 aperpetual, 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 d has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (20 EQUAL OPPORTUNITY EMPLOYMENT a. |n accordance with 41 C.F,R. §604.4(b). the Sub-Recipient hereby agrees that itwill incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary uf Labor at41 C.F.R Chapter OO. which ia 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, |oan, inauranoe, 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, na|igion, eex, 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 tu their race, uu|or, e|igion, mox, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited tu the following: Employment, upgrading, demotion, or transfer, recruitment orrecruitment adverUeing� layoff or termination; rates mf pay nr other forms of uumpenaadon- andeeleotionfortruininA. indudinAapprenhoeehip. The contractor agrees to post in conspicuous places, available tnemployees and applicants for employment, notices hobe provided setting forth the provisions nf this nondiscrimination clause. ii The contractor will, in all solicitations or advertisements for employees placed bynrnn behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to ema, on|or, re|igiun, aex, sexual orientation, gender identity, or national origin, iii The contractor will not discharge orin any other manner discriminate against any employee or applicant for employment because 21 Page 6%of10G such employee or applicant has inquired aboui, discussed, or disclosed the compensation nf the employee or applicant nranotheremp|oyeenr epp||uard. This provision shall not apply to instances in which an employee who has access tothe compensation information of other employees or applicants aee 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 tosuch information, unless such disclosure ia|n response toa formal complaint or charge, in furtherance ofon investigation, proceeding, hearing, or actinn, including an investigation conducted by the employer, oris consistent with the contractor's legal duty bofurnish information. iv. The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, a notice tobe provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies uf the notice in conspicuous places available tu employees and applicants for employment. v The contractor will comply with all provisions of Executive Order 11248oY September 24. 1B85. and mf the rules, regulations, and relevant orders of the Secretary ofLabor. vi The contractor will furnish all information and reports required by Executive Order 11240of September 24, 1AO5. and byrules, regulations, and orders nf the Secretary of Labor, nr pursuant thereto, and will permit access|o his books, records, and accounts bythe administering agency and the Secretary uf Labor for purposes of investigation to ascertain compliance with such ru|ee, regu|ationa, and orders. vii |n the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regu|ationm, or orders, this contract may be oanoe|ed. Lenn|nated, 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 11240of September 24. 186S. and such other sanctions may be imposed and remedies invoked aa provided in Executive Order 11240cd September 24. 19O5. orby rule, regulation, or order ofthe Secretary ofLabor, oramotherwise provided by law. viii The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions ofparagraphs (1)through (8) in every subcontract nr purchase order unless exempted by rules, regulations, ur orders of the Secretary oy Labor issued pursuant to section 2O4of Executive Order 1124Ouy September 24. 19G5. amthat such provisions will be binding upon each subcontractor orvendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct aaa means o[ enforcing such pmvimionw, including sanctions for nonoomp|imnoe� fr/ kded. however. thatintheeventaoontnautnrbeoomesinvo|vedinor is threatened with, litigation with a subcontractor or vendor as a result of 22 Page 63of10G 449 such direction by the administering agency the contractor may request the United States to enter into such litigation tn 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 onor under the contract. o. 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 ufthe 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 11, 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 uf the following actions: cancel, terminate, or suspend inwhole orin part this grant(cnntnsct. loan, insurance, guanantee); 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 c|ause� i Contractor. The contractor shall comply with 18U.B.C, §874. 40U.8.C� §3145. and the requirements of29 C,F.R. pt� 3oo may be applicable, which are incorporated by reference into this contract. ii Subcontracts. The contractor or subcontractor shall insert inany subcontracts the clause above and such other clauses me the FEMAmay by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. 23 Page 64of10G 450 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 workweek 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 Page 65 of 105 451 iii This certification isa material representation of fact relied upon by the Division. If itio later determined that the contractor did not comply with 2C.F.R, pt. 180. subpart C and 2C.F,R. pt. 30UO. subpart C. in addition to remedies available tothe Division, the Federal Government may pursue available remedies, including but not limited tosuspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of2C.FR. pt. 180' subpart Cand 2CF.R pt. 9000. subpart C while this offer io valid and throughout the period of any contract that may arise from this offer. The bidder ur 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.&C. §1552 (as amended). Contractors who apply or bid for en award of$1OU.000or more shall file the required certification. Each tier certifies tu the tier above that itwill not and has not used Federal appropriated funds to pay any person or organization for influencing orattempting to influence an officer or employee of any agency, a member of Congress, officer or employee nf Congress, ormn employee o[e member of Congress in connection with obtaining any Federal uontmot, grant or any other award covered by 31 U.S.C. Q1352. Each tier shall also disclose any lobbying with non- Federal fundsthattakesp|aoeinoonnectionwithobtaininganyFedera| award. Such disclosures are forwarded from tier to tier uptothe 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, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2C.F.R. 02O0.321 the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible� i Placing qualified small and minority businesses and women'mbusiness enterprises on solicitation |iste� U. Assuring that small and minority businesses, and mmmen'ebusiness enterprises are solicited whenever they are potential aoumea� iii Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, 25 Page 66of10G 452 m Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises-, v� Using the services and assistance, as al2U2rolIriate, of such organizations os 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|et, to take the affirmative steps listed in paragraphs i through xof this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as ^eooioecmnomiunontnauting.^ doesnmtimpoeeannb|igotinntoaetaaideeithertheen|ioitationoravvordof a contract to these types o[firms. Rather, the requirement only imposes on obligation to carry out and document the six affirmative steps identified above. o. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipientnnuuttahe�therequirementsdnnotpreo|udetheGub'Renipientfrnmundertokingadditipna| 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'a business enterprises, does not authorize the Sub-Recipient tn break 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 AttachmentC. 26 Page 67of10G 453 IN XTNESS WHEREOF,the parfiRs herato have executed this Agreem,prit, �U -RE VPlEN7.,,,M -.0.0 M SI, KeW rity - rMadWc,C;Ierk A V-d- A"t py, BY: -.Atd, ��llilr David Rue Nairn a avid TdW C'Afg 29" s ep FEID#; 59-6000749 ARTKY&O AS,TORM DATE STATE 10 F FLO Ri D,A DIVIVON OF EMERGENCY MANAGEMENT La ki ra Dh uwe Ry, -—--------- �,qaqla And Rfle� �h . .............. 01-AUG-2022 ........... 27 Page 68 of 105 454 EXH11SIT-1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO Tt,,IE SUSS-FRECIPIENT UNDER TI-fiS AGREEMENT Federal Program Federal agency, Federal Emergency h?lanagement Aggncv:Hazard Mitigation Grant Catalog of Federal DOMeSfic Assistance title and number 97.039 Award.11M(M-int' §1 396,01M0 THE FOLLOWW'.,COMPIUANCE REOIJIREMENTS APPLY 1-0 THE FEDERAL RESMIRCES AWARDED UNDER THIS AGREEMENT * 2 GF R. Part 200 UnkvmAdministrative Requiteryierds,Cost Principles, and Aucfit Requirements for Fer3eral Awards * 1-i-e Robe�l T Stafford Disasler ReIwf and Emergency Assistance Act,Pi.dilkc Law 93-288, F* amended,42 U S C 5121 et seq.,and Related AiAhorities * Sect uons 11361(A)of the National Flood unsurance Act of 1968,42 U S C 4104c,as amended by Vie National Flood lny.irance Reform Act of''1994, Pul-.ft Law 1103-325 and the Bunning-Bereutei- BIUMP,nar,er Flood Insurance Reform Act of 21)(K Law 108-N,34 * 31 C F.R. Pail 205 Rules and Procedures for Funds Transfers Federal rrograML 1 Sub-Recipient is toiuse tunOng to perforrii,the fallawing eliglL*activities 0, Gei-ierators fear Cr�tifilFaf,,alitip-s 2 Sub-Recipient is sub]ect to all administrative--ind hnanciah requirenrieNs,as set forth in tNs Agreement,or w0l be in violation of the terrins of the Agreement 28 Page 69 of 105 455 Attachment A Budget and Scope of Work ]STATEMENT OF PQRPOSE. The purpose of this Scope of Work is to provide protection to County Critical Facilities,in Monroe County, Florida,funded through the Hazard Mitigation Grant Program(HMGP) DR-4337-524-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency(FEMA). The project is for the purchase and installation of an emergency system to reduce and/or mitigate the darnage that might otherwise occur from severe weather or other hazards, The Sub-Recipient,Monroe County,shall conduct Phase 1—[design ofthis project,which includes the engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub-Recipient shall complete the Phase I work in accordance with all applicable federal,state and local'laws, regulations and codes, EROJECT OVERVIO: As a Hazard Mitigation Grant Program(HMGP) project, the Sub-Recipient shall provide backup power to forty-five(45)critical facilities,within Monroe County, Florida. The scope of work is for Phase I only,which includes but is not limited to surveying,engineering, design,plans preparation,permitting and bidding for the proposed project,for Phase 11 approval, No construction activities for this project have been approved. When completed, the Sub-Recipient shall provide deliverables for Phase 11 review of the following proposed activities. The design Iproposed for Phase 11 scope shall include purchasing and installing twenty-one (21) permanent generators with capacities ranging from 30kW to 225kW, or the adequate size determined by the vendor andlor an electrical engineer duding the bid process to appropriately support the critical facilities, along with necessary automatic transfer switches (ATS), wiring and other installation requirements- The project also includes the purchase of fourteen (14) portable, generators with capacities ranging from 5OkW to 75OkW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities, and the necessary support equipment and fueling tank. to be deployed at a total oftwenty-four(24)critical facilities, In addition,the project includes purchase and installation of two 5,000-gallon fuel tanks to be installed at the Monroe County Sheriff's Office HeadqLmrters to provide increased run time before being refilled The permanent generator(s) shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s) outside the Special Flood Hazard Area (SFHA) and shall be protected against wind with a rated enclosure based on its location requirements Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. The portable generators shall be stored at a location protected against a 500-year flood event or located outside the SFHA and shall be protected against wind with a rated enclosure based on Page 70 of 105 456 its location requirements. Activities shall be completed m strict compliance with, Federal,State and Local Rules and Regulations- The diesel fuel tanks shall be buried underground at a sufficient depth to protect against flooding threats and consistent with VE Zone flooding risks such, as damage from wave aiction and inundation of critical components.Activities shall be completed in strict compliance with Federal, State and Local Mules and Regulations, Project Locations(Permanent Generators): ID# Facility Location I kW Coordinates I Monroe County Public 111 Overseas Highway, 35 (24590688,- Works&Garage Facility- Key West,Florida,33040 e,Rockland, ................... 2) � Monroe County Say,5hQre 5200 College Road, r 175 (24573217,- Manor Assisted Living Key West,Florida 33040 8-1,749536) Facility lui-on,noa County Cudjoe 20950 Overseas Highway, i66' ��4444��, Sheriff's,Substation Cudjoe Key,Florida 33050 81 50631P) if 4) Scout KeyiWest N/A 80 (24.65,0691,- Summeriland Emergency 81,309595) Communications Tower 5) Marathon Key Emergency 2796 Overseas Highway, 30 (24-712303,- 3,3Q59--, 80-.9977-1'7)__ 6) Monroe County Public 10500 Aviation Boulevard, 35 (24331443,- Works Yard-Marathon Marathon,, Florida 313050 81 7) Plantation Key Public 87831 Overseas Highway, 85 (24.969172,- Works Garage I-slamorada,'Florida 313036 - 80,558801) 81 Tavernier Fire Station 151 Marine Avenue J 175 (25.01064,- Tavernier, Florida 33070 J 801,15,1732§) 9) Monroe County Plantation 300 Magnolia Street 125 (25.099587,- Key/Magnolia PUblic Works Key Largo,Florida 331070 80A32490) Yard 10) Key LargoJAndros Road N/A 35 (25.166866,- i Emergency 80274706) Communications Tower 11) Marat1hon Government 2796 Overseas Highway, i 225 (24311168,- Center(IEOC) Marathon,Florida 33050 81,097218 12) Monroe County Fleet 10500 Aviation Boulevard 120 (24-730975,- Gar Marathon,Florida 33050 81 1 13) Monfoe County Sheriff's 3103 Overseas Highway, 100 (24.710342, - Office Marathon Substation Marathon,Florida 33050 81.096018) 14), Layton Volunteer Fire 68260 Overseas,Highway 35 (24.824953, Department#18 Long Key,Florida 33001 80,614501) 1-5) Layton Volunteer Fire 6,8260 Overseas,Highway, 35 (24.-525264,-, Department#18 Living Long Key,Florida 33001 80,814274) .................... ........ ....... 30 Page 71 of 105 457 16), Lower Sugarloaf Fire 17475 Overseas Highway, 35 (24.647249,- Station#10 Summerland Key,Florida 81564237) 33042 17) Big op pftt Fire Station 9 28tmerald Drive, '150 (24-598,015,- ....... Key West,Florida 33040 81.655732) 18) Cudjoe Solid Waste NIA 1 35 (24,677533,- Transfer Station 81.506843) 19) Long Key Solid Waiste N/A 35 (24Z21925, - T ra nsfe r Sta tio n 80.820,452 20 "Key'Lair'go Solid Waste NIA Transfer Statio,n 80,325045 21) f Monroe Co unty Fire 5603 Overseas Highway, 100 (24,752268,- Acaderny Marathon,Florida 33050 80,976992) Project Locations(Portable Generators): J64 'Facifiiy ...................... ' yM I'llL,1o1 11c a tI j oI nI y k,V C24,,72d 5in0,a4 te,s- I FlQrjda Ke n 9000 Overseas Hi 750 International Airport Marathon Florida33050 51�051538)2) Key West International 3491 S Roosevelt 750 (2455 i7'5, - Airport Boulevard, 81-754293) Key West,Florida 11040 3) Marathon Middle High 350 Sombrero Beach 400 (24,704423, - School Road,Marathon,Florida 81.077336) 33,050 1 4) Coral Shores High 86901 Old Highway, 200 (2'4_994451,- School! Tavernier,Florida 33070 80,537795) 5) Key West High School 2100 Flagler Aventm, 200 (24,553902, ,77 Kqy:Wqst,,f!qpda 330401 7839 _ . .......................................6) Key Largo School 104801,Overseas 100 (25.154156, Highway, 80.387795) Key Largo Florida 33037I'll,..............­111� �ugartoaf School— 255 Crane Boulevard, 100 (24Z60750, - U Per Sugarloaf Key, 81.529880) Florida 33042 8) Horace O'Bryant 1105 Leon Street 100 (24.557278, .. ,School Key West,Florida 33040 81,787271) 9) Plantation Key Uhool 100 Lake Road, lob (24,691372, - Tavernier Florida 330701 - 10) Gerald Adams 5855 College Road, 100 (24.581069, - Elementary School Key West,Florida 33040 81.746057) 11), Poinciina Elementary 1407 Kennedy Drive, 501 (24-563070, - SlchoW, Key West,Florid'a-330410 J 31)1 12) Stanley Switlik 3400 Overseas Higihway, Sol (24113068, - Elementary School ....... Marathon, Florida 33050 81,094187 .... 31 Page 72 of 105 458 13) Pines Park 3501 South,Roosevelt 50 (24.552182, - Boulevard, 81755269) ...................................... Key.V�est,Florida 33040 '14) Bernstein Park 67 1 51 5th Street, 5 1 0 1-11,111,1111-1111, (24.567871 1. ................. Stock Island, Florida 81.740601,) 33040 15) Big,P'ine Park(MC) 3 1'006"Atla nfisbr�ie',­ Alternative", (24Z77981,- Big Pine Key, Florida Site 811-347034) $3043 16) Islamorada County 81830 Overseas Highway, Alternative j (24-917563,- Library Islarnorada, Florida 33036 Site 80.636594) 17) Jerry Ellis Building 38820 Overseas Highway, Alternative (24.979939, - Tavernier, Florida 33070 Site 80:54975T) .......... ....... .1 �lani'a-fion-ke-y,.................. 666�6-6ve'ers-eas H-Iig-hway� (24.9866�'­—­­ Courthouse T�avernier,Florida 33070 Site 80,551172) 19) Harry HarOs Park (MC) 50 Beach Road, Alternative (25.0227124, - Key Largo,_Florida 33D37 Site 80A93304) 20) Key Largo Community 500 St Croix Place, Alternative (25.092774,, - Park(MC) Key,I-argo, Florida 33037 Site 80,438750), 21) Friendship Park Key 69 Hibiscus Lane, Alternative (25.111668, - I Largo Key Largo, Florida 330,37 Site 80.42271,2) 22) Baypoint(Saddlebunch 5 W dircle Drive, Alternative , (24-5278g8,1 - keys')(M-9) Key West,Florida 33040 Site 81.593642) 23) C!o�llege of the Florida 590,1 donege Road, Alternative (24.583 1 603, - ........... Keys- 'Key" 33040 24) Mobile Generator 3583 S-Roosevelt Alternative (24.553496,- Support Equipment Boulevard, Site 81.752979) Key 1�Uest Florida 33040 Project Locations(Fuel Tank): j II Fac ili Location JIII)�ds nates ...............—.......... 1) Monroe County Sheriff's 5525 College,Road, Tank i �685��, ............. " 4 Office;Headquarters Key West, Florida 33040 al.752128) Tank 2 (,24,576381, - 81.752159) ,TASKS&DEUV(EIRABLES: 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-Recipiont shall select the qualified, licensed Florida contractor in accordance with the Sub-Re6pient's procurement policy as wel'll as all Federal and State Laws and Regulations, All procurement activities shall, contain sufficient source documentation and be in accordance with all applicable regulations. 32 Page 73 of 105 459 The Sub-Recipient shall be responsible for furms1hing or contracting all labor, materials, equipment, tools, transportation and supervision a,nd for performing all work per sealed engineering designs and construction plans presented to the Division by the $ub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure work*rte for the duration,of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended,from participating in federally funded projects, The selected contractor shall have a current and valid occupational licenselbusiness 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. EXeCLrted contracts with contractors andlOr subcontractors shall be provided to the Division by the Sub-Recipient within 10 days of execution, 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 dOCUrnentation as submitted to the Division and subsequently approved by the Division and FEMA, The Division and FEMA shall render a Phase 11 determination upon completion of the review of Phase I deliverables, No construction activities are approved at this time. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented,as appropriate, Phase I consists of fees„ for conducting survey, study, engineering, design, public notices, and/or permitting associated with the design of the Generator(s).. Verification shall be necessary for determining project eligibility for Phase II. 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 the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications- Any deficiencies found during this final inspection shall be corrected by the Sorb Recipient prior to Sub- Recipient's submittal of the final inspection request to the Division. 33 Page 74 of 105 460 Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting!documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include-, a) Copy of permit(s),notice of commencement, b) Two sets of engineering Signed/Sealed final design plans a,nd analysis,ands Surveying. c) Revised cost estimate for Phase 11 —construction (include Phase I costs),to implement the design project. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e) All Product Specifications, / Data Sheet(s) (technical standards) satisfying protection requirements on,allprodUCt.5 to be utifized,, f) Color maps including topographical,aerial,and ground disturbance for each location. 9) Color photographs of the project area, h) 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 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 shalll, 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 COMS, submitted for reimbursement shall contain adequate Source documentation which may include but not be limited to cancelled checks, batik statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub-IRecipient 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 00 contractor/subcontractor bills,invoices,, a,nd/or charges are legitimate and clearly identify the activities being performed and associated costs. Sub-Recipient Management Costs(SRMC) expenditure must adhere to FEMA Policy#104- 11-1 HMGP Management Costs (Interim) signed November 14, 2018. FEMA defines management costs as any' lndirect costs, Direct administrative costs, and Other administrative expenses associated with a specific project. Administrative costs are expenses incurred by a Sub-Recipient in managing and administering the federal award to ensure that federal,state requirements are met including, solicitation,development, review, and processing of sub-applications; delivery of technical assistance; quarterly progress and fiscal reporting;project monitoring,technical monitoring,,compliance activities associated with 34 Page 75 of 105 461 federal procurement requirements;documentation of quality of work verification for quarterly reports and closeout; payment of claims-, closeout review and liquidation and records retention, Any activities that are directly related to a project are riot eligible under management costs. For example,architectural,engineering,and design services are project costs and cannot be included Linder management costs, Similarly, construction manageinent activities that manage,coordinate, and supervise the construction process frorn project scoping to project completion are project costs These activities cannot be included under management costs. Due to Strategic Funds Management (UM), SRMC Interim Policy requires managernent costs to be obligated in increments sufficient to cover Sub-Recipient needs,for no more than one year, unless contractual agreements,require additional funding. FEMA has established a threshold where annual increments will be applied to larger awards allowing smaller awards to be fully obligated- Obligations will be handled by the size of the total subaward. The Sub-Recipient shall pre-audit all SRMC 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 CalCLOatO the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form, and all Personnel or Contractual SRMC shall be invoiced separate from all other project costs. project Management Expenses (only applies to disasters prior to August 1, 2017, ail others adhere to FEMA Policy #'104-11-1 for SRMC): 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 Linauthorized 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 compliaince with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third-party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted,by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement, The Sub-Recipient shall submit to the Division,requests for reimbursement of actual Phase I costs related to the project as identified in the project application,and this scope of work, The requests for reimbursement 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 paymentfrorn the Sub Recipient to the contractor,Subcontractor,andlor vendor for invoiced services-, 35 Page 76 of 105 462 c) Clear identficatfori of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient's Request for Reimbursement shall include the final Phase I project cost, Supporting documentation shall show that all contractors and subcontractors have been paid 8) Deliveraibles: Mitigation Activities consist of Phase I activities,which include engineering, designing, plans preparation,permitting and bidding for the proposed project,for Phase 11 reviewlapproval,to Provide backup power to forty five (45) critical facilities within Monroe County,, Florida by purchasing and installing twenty one(21)pei manent generators with capacities ranging from 3OkVV to 225kVV and purchasing fourteen (14) portable generators with capacities rangtrig from 50kVV to 750kVV, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities- The project also includes purchase and installation of two 5,000-ga lion fuel tanks to be installed at the Monroe County Sheriff's Office Headquarters to provide increased run time before being refilled. The gerierator(s)shall be protected against a 500-yoar flood event by implementing specific activities or by locating the generator(s)outside the SFHA and shall be protected against wind with a rated enclosure based on its location requirements, Activities shall be completed in strict compliance with Federal,.State and Local Rules and Regulations- The portable generators shall be stored at a location protected against a 500-year flood event or located outside the SFHA and shall be protected against wind with a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal, State and Local Rules,and Regulations. Provided the,Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion, PROJECT CONDITIONS AND REQUIREMENTS. C) Engiriepring: 1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to complete the project, 2) Design documents shall provide a detailed description that includes specifics on project scope of work,depth and extent of ground disturbance at all proposed construction locations of the project- 3) Submit a refined cost estimate,to include Phase I Fees,and Phase 11 Construction Materials and Labor, 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications andfor drawings elaborated to design this project. 5) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)satisfying protection requirements on all products utilized, D) Environmental, 316 Page 77 of 105 463 1) Any change to the approved scope of work shall require re-evatuation for compliance with NEPA and other Laws and Executive Orders. 2') Acceptance of federal funding requires 010 SUb-Recipipnt 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 taws and policies, and all necessary Environmental compliance documents shall be obtained as applicable, a) United States Army Corps of Engineers �USACE): Consultation with the USACE is required, A permit or No Permit Required shall be submitted. 4) Historical Preservation compliance documents shail 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 01'OUnd 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 latitudeflongitude (decimal degree formal) 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. ill 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 It is considered, 7) No construction work may begin until Phase 11 is approved by the Division and FEMA, E) 1programniatic: 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 1OWeT costs or earlier completion 2) The Sub-Recipient must"obtain prior written approval for any budget revision which would result in a need for additional funds"[44 CFI 13(c)J,from the Division and FEMA. 3) 'The Division and FEMA shall approve a change in the scope of work in advance,regardless of the impact to the budget, 4) Project is approved with the condition that the enclosed list of deUverables shall be submitted 30 days prior to the Period of Performance date,for review and approval by the Division,for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in 37 Page 78 of 105 464 writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division, a minimum of seventy (70) days prior to the expiration date, for Uvi5iQn processing to FEMA. 6) The Sub-Recipient must avoid duplication of benefits between the HIVIGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206191, 7) A copy of any executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) 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, 9) When Phase I is completed, the Sub-Recipient Must provide 1001% completed designs, calculations,a full set of signed and sealed plans and,permits for a Phase 11 review. A final FICA using developed technical data and study results will take place. The data inputs,to the final BCA for Phase],I approval,must be based on the inputs and outputs of a hazard related :;tidy such as erosion, Hydraulic & Hydrologic Study, damage calculations, road closures, etc. No assumptions or historical damage will be acceptable for final RCA of Phase It approval. No construction activities for this project have been approved. 10)Letter or documentation showing that when deployed the,generator shall be protected to the 500-year(0,2%annual chance)flood elevation,and when not in use it will be stored in an un- shaded X zone or protected to the 500-year Cu.2%annual chance)flood elevation if stored in a Special Flood Hazard Area(SFHA)or shaded X zone. a) The permanent generators shall be protected to the 500-yea r(0,2%annual chance)flood elevation. Provide letter stating which protective option shall be selected. b) Coordinates of each location where the portable generators will be stored. c) if the insurable structures remain in the Special Flood Hazard Area, provide proof of insurance, 11)This project shia 11 be designed by the criteria contained in the sta nda rds of the Department of Homeland Security,Federal Emergency Management Agency guidance Manual FEMA 361- Design and Construction for Community Safe Room,to provide"near absolute protection", It is further understood and agreed by the Division and the Sub-Recipient that the level of wind protection provided by the mitigation ensures the safety or survival of building occupants. 12)SUb-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Management Costs (interim) FEMA Policy 104�111-11, provides, 100% federal funding under HMGP to Sub-Recipients 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- 38 Page 79 of 105 465 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, If the Final Project Reconciliation resuits in a reduction of total project costs,any resulting SRMC overpayment !shall be reimbursed back to the State for return to FEMA prior to FEM,A Closeout. This is FEMA project number 4337-624-R. It is funded under HMGP, FEMA-4337-t R-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, January 25, 2022,with a lire-Award date of January 23, 20,1181 this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on April 30,2023. F) FINANQ&.��� 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 circurristances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub- Recipjent; 2) Disallow all or part of the cost of the activity or action not in compliance.; 3) Wholly or partJy suspend or terminate the current award for the Sub-Recipient's prograrn� 4), Withhold further awards for the prograhl;or ,5) Take other remedies that may be liegally available. Page 80 of 105 466 SCHEOULE OF WORK Phase I- State Contracting: 3 Months Bidding/Local Procurernenl� 2 Months Design Specificabons: 0 Months Permitting/Survey. 2 Months Deliverables Submitted to FDER 2 Months Total Period of Performance: 15 Months BUDGET Line Item Budget"` prpjlct cost Federal Cost Non-Federal Cost . .......... .......Cost................................... Matenals KOO WOO $0 00 Labor: 'WOO $0,100 $0,00 Fees- $450,000,00 $337,5,00.00 $112,50U0 "Pre-Award- $11,250-00 Initial Agreement Amount, $495,000.00 $371,260.00 $123,750.00 ontinRSaRy Fuqjd L $0.00 $0.00 $0.00 Pr2ject Total: $495,000.00 $371,250.00 $123,750.00 ****SRMC SRMC: $24,750.00 $24,750.00 SRMC Total- $241750.00 $24,750,00 *Any line-item amount in this Budget may be increased or greased` 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 tinder this Agreement is not increased, -This project has a fire-Award, approved by FEMA in the arnount of 545,000.00 piplect costs with astart date of January 23, 2018. "*This project has an estimated$0,00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part V1,U 14-Contingency funds are not automatically available for use. Prior to their release,contingency funds insist be re-budgeted to another direct cost category and identified Post-award changes to the budget require prior written approval from tlae Division (FDEM), The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. 4O Page 81 of 105 467 Project Management costs am included for this project in the arnount of"$0r00, ***"Sub-Recipient Management Costs (sRM )are included for this project in the amount of$24,750,00 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy a 04-t t-1, SRMC provides 1-!'l4 GP funding to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner, SRMC must conform to 2 C'PR Pert 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(RI=R).submitted with the required documentation. If the Final Project Reconciliation results in a redaction of total project costs,ally resaltinq SR''MC overpayment shall be reimbursed back to the State for return to r-EMA prior to t EMA Closeout. Fonding Surnmar Totals Federal Share: $3 1,250,00 (75,00%) Non-Federal Share; $123,750,00 (25,00% Total Project Cost: $495,000.00 _(100.00%) -- .....—--------__ _ SRM 100% Federal) $24,750,00 �11 Page 82 of 105 468 Alftac Ill ment B Program Statutes and Regulations he 1,mrbes to this Agreement a nd the Hazard MitigaWn Grant,Progarn (WOOP)are generally governed by the,following statutes and reguWtoits (1) The Robed T.Stafford Disaster Relief and Emergency Assistance Act, (2) 44 GF R Parts 7,9, 10 13, 14, 17, 18 25,21 220,and 221,and any other applicable FE M A pclncy mernoranda and guidance docurnents, (3) State of Florida AOTUDStfatiVe Plan for the Hazard Mitigation Giant Program, (4) Hazard Mitigation Assistance Guidance-FeblUary 27,21D15 Update;and (5) All applicable paws and regulations delineated in Attachment C of this Agreement In addition to the above statutes and tegulakom,the Susie-recipierit must Comply with the The Sub-recipient shall fully perform the approved hazard mihgation project,as desrnbed In the Applkcation 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 m0cated therein,the allocation of clf-,viatc-frt�)r,n flue approved pro,ject arid)!the terni,is and coricIRioi"isof thus Agfeemei)t TheSub-recIpient shall comply with any and all applicable,cw.les and standards,in performing work funded under this Agreement,and shall)provide any appropriate maintenance and securilyo for the project. Any development[-:iermit IS51-Aed by,or development activity undertaken by,the Sub-recnpjent and any land use permitted by or engaT-d in by the Sub-reciplent, shall be conststentl witin the local comprehensive plan and Ond development regulations prepared and adopted pursuant to charter 163, Pait 11, FWida Statutes. Funds slhafl be exrknded for,and development activities and iarld uses authorized for,only those use 'WhICtr are per rntttedUrtder the campretiensive p1lan and land developirient negOafions The Sub-reoq:tient shall be respi.)nsible for ensuring that any deVOoptrient peer ilt issued and ariv develctpxrweq'it 10vity co bawd use undertaken is.where appficak,also arithonzed by the Water Management Distnct,the Florida Department of Environmental Protection,the Florida Department cot Health, the FlorOa Game and Fish Corr mission,and any Federal,State-or local environmental or land use permitting authonty,where required. The Slub-reciplent agrees that any repair or constiuction shall be wi accordance with al.1ilicable standards of safety, decencV,arid sanitation, arid in conforITAy with appfir,oble codes,spe6ficationF,and standards. The Sub-recipleirit wily proAde and maintain competent avid adequale engineering supervision at the construct on site to ein5ui-e that the completed wr.)rk ccwdot-ms witl u the approved INans,and specifications and wffl furnish progress,reports and such other information to HMGP as,may be repwred If the hazard mitigation prqect described ii-Aftachment A inClUdes an WLCpuiSifion or relocation project,then,the Sub-reolpient shall enSUIre that,as a condition of fuinduing under this Agreement,the owner of the affected real property shall record in the public records of the county where it is tlocated the folflowmg covenants and restriction;,,which shall run wi"-n and apply to any property acqu�ired,accerAed, arr frotTi which a stf uuture wilt be rernovecl Pursuant to the project 42 Page 83 of 105 469 (1) The pmpefty will be dedicated and maintained firipefPetUrty for a USE'that is U)MrOfible with open space-recreahonal,or wetlands managern.ent practices, (2) No new stri.icti.ire will be erected on pfopprly other than a, a public facility that is ol,.)en on all:sides and functionall'y related to a desrgned open space, b. a restroom or (3) A structure,that the Director of the FederM Enriergency Management Agency appioves in wrding before the ciorTirriencement of the construction of the structure, (4) After the date of the,acquisdion or relocation no application for disaster assistance for any purpose will be madle to any Federal eritity and.rio ddsasler zi5sstance will be provided for the property by any Federal source;and (5) If airy of thr,so coverlarits arnd rcstrictions,is oulaled by the,owner or by some thirc party with the kni,.Wedge cif the,owner,fee simple,title to the Property descnbed herein shall be conveyed to the Board of Trustees Of the I niternaN Improverrient TrList Fund of the State of Mijda without further nofice to the owner,its successor-,and assigns,and V e owner, its successors,and assigns shail forfeit all right,tittle and interest in and to the property. HMGP Contract Manager will evaluate requests frff cost overrLin%and sulorrilt tin the regional Director whtten dpitermination of cost nverrun eliglbility, Cost overn-ir$shall meet Federal regulations set forth vi 44 C F,R §206 438(b) The National Environmentat f�,.iliry Act(NEPA)stipuhates,that addifions or aniendmerils to a HMGF1 Sub-Reoplerf 80c)pe,of Work(,SOVVq Shall[*,�ievlewed by MI State and Federal,gager6es, participafing in the NEPA process Asa reminder,the Suh-recipient inust obtarn pricir approvat fi-cirri tree State,be fofe wnplemenfing c,fonges to Wie approved pfoject Scope of Wr)ik(SOW) Pei the Uniiform Adi-ronistrafive Recl ui r eme fits for Gw,its and 0,,,iopprative Agreements to State and Local Governments (1:) Foi-Construction projects, the qrantee must"obtain prior written approval for any budget revision which result in a need for additional funds'(2 CY R,§200,308), (2) A change in the Scope of Work must be approved Vfi/FEMA in advance regardless of the budget imphcatiors,and (3) Tilhe,Sub-recipient must notify the State as soon as sipidicant developments become known,SUCK as delays or adverse conditions that might raise costs or delay corriloWtion, or favorable conditions allowing lo�w'er cost or earlier cornipletion, Any extensions of the period of periormancH must be subii,)ittecl to FEMA--jyty(60)days prior to the prolecl expiration date The Sub-recipient assures that it wilt comply with the following statutes and regulations to the extra ril applicable (1) 53 Federad Register 8034 (2) Federit Acquisition Ragulatinns 31 2' (13) Secfion 1352,'Title 31, US Code (4) Chapter 473 Florida Statutes (9) C'Inapter 215,Florida Statutes (6) Section 768.28, Florida Statues (7) Chapr.er 119, Ronda StafkAes (8) Section 216 181(6)�, Florida Statutes 43 Page 84 of 105 470 (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.Oil 1,Flonda Statutes (14) 2 C.F.R. Part 200—Uniform Administrative Requirements,Cost Pirincdpdes,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 Viofirns of Crime Act (18) Omnibus Criirne Control and Safe Streets Act of 1968,as arnended (19) Victims of Crime Act(as appropriate) (20) Section 504 of the Rehabilitation Act of 1973,as amended (21) Subtitle A,Title It of the Americans with Disabilities Act(ADA)(1990) (22) Department of Justice regulations on disability discrimmation, 28 C.F-R., Part 35 and Pail 39 (23) 42 U S C. 5154a 44 Page 85 of 105 471 Attachment 0 Statement of Assurances To the extent the[uflawinq provisions apply to this Agreen-uent,the Sub-r Qc.ipient Qertifpes that. Via) It possesses legai al-Ahority to enter into this Agreement and to carry out the proposed profgrairn; (b) Its governng Wdry has di.jIV adopted or passed as an official act of resolution,motion or similar action authonzing they execr.ition of the hazard miIjUalion agreement wrth the Division of E-i-nergency Manageawnt(C)EM),includrrig all imderstandings and assurinceS contained In it, and directing and authorizIng the Sulo-redipient's chief administrative officer or designee to act in connection with the application and to provide such addifional iriforn')ation as may be required; (Q) No member of crr dellegalp to the Corigrpss of the Unded States,and no Resident Cornmissioner, shilH rererve any share or part of this Agreernent or any beripfit No meiribeir,officer!ol, efriployee of the data recipient of its designees care agents,no niernber of the goveming body of the locality m which this,prograrn,is situated,and no other public official of the locality or localities who exercuses any functions or responsibilities with respect to the program during his tenure or for one yew after, shall have any Interest,direct or indirect,in any contract Or SUbcontract,or the pfoo-4eeds, for work be, perforf-TiHcl in connection with the PfogFaMasqis[ed under tl iis Agreement The Sub-recipient shall Incorporate, in ail contracts orSUbcontracts,a pravlsion prohibiting any pnterest pursuant to the purpose stated above; All Sub-recq'Aent contracts for which the State LegisWture is in any part a furoJing source,shall contain lariT.iage to,provide for teirrination with reasonable costs to be paid by the,&jb-recjpQnt ff-'rr cAgUp cq.,witract work compfleted prior to the date,the notice of susr*nsion of funding was received by the Sub-reripment. Any cost inc.urred after a notice,of suspF.,.rision or termination is received by the Sub-tecipient may not be ft"'ided with funds provided under this Agreement unless previously approved in writing by Vie Division. All Sub-recrppent contracts shall contain provisions for terrnination for cause or convenience and shali provide for the method of payment m si'011 event (e) It wiH comply with'. (1) Contract Milk Hours and Safety Standards Act of'1962 40 U S C 327 et sera, iequiring "iat rnecbanics and laborers(jr-icljjdinq%,vatchrner-i and quards)empkqed on federally assisted contracts,be paid wages of not less than one and one-half timestheir basic wage rates for all hours worked in excess of:forty hours in a work vveek;and (2) Federal Fair Labor Standards.Acl, 29 U,&C.Section 201 et seq, requinng that covered erne ioyees be paid at least mininjurn prescribed wage,and also that they be paid one and one-half times their basic wage rates for all hOUrsworked in excess of the prescribed work-week It wiH comply with (1) Title VI of the DW Rights Art of 1964(P L 88-352), and the regulations issued Irruisuaint. thereto,which provides Omit no rxjrson in flie United States,,hall on the grounds,of race, COt01­,or national cingin,be excluded from participation wn be denied the benefits of,or be otheirwilse subjected to discrimination under any program or activity for whfch the SLib- recripient received Federal,f ina,ricia I a ss sta rice,and wilk immedrately take any measufes necessary to CliffertUate INS BSSLlrance If any real 1-.)roperly or sti-LACtUre thereon is provided or unproved with the aid of Federal financia(assistance extended to the Sub- 45 Page 86 of 105 472 ceuilpient thus assurance shall obligate the Stib-recipient (x in the case of any transfer of such property,any transferee,for the pprmd during whionthe real property or structure is Used for a purpose for Which the Federal financial assistance fs extended,of for another purpose irivdving the provision of similar services or Uenef its, (2) Any prohibition against discrimination on the basis of age under the Age,USCMTliflatI011 Act of 1975, as ni-needed(42 US C. 6101-61CU)whiph prohibits discrirriiinition on the basis of age or with respect to otherwise clualffies.handicapped Individuals as r1rovided in Section 504:of the Rehabilitation Act of 1973; (3) Executive Order 11243,as amended by Executive Orders 11375 and 12086, arid,the regWatjons nssued PUr5LJBr-It thereto,which provide tlot no person-shall be discm-nmated against on the basis of race,cok-jr, religion,sex or national origin m all 1-.)Ihases of ernployrnent cluring the perforiniance of tederat or fecterally assisted constructon contracts affirmative actior,,to Insure fair treatment In employment, urqrsding,dernotion, or transfer recruitment or recruitiiient advertising',layoffftertnination, rates of pay of,offief forms ofcc:rrnplensatjon,and election for training and apprenticeshtp, It MH establish safeguards to pfoNbf employees from using positions W a putrxise that is or gives the appearaince.of being nriotivatpd by a desire for private gain for themselves or others, pafticWarly those with whom they have family,business, of other ties pursuant to sec hon 112 313 and section 112 3135,Ronda Statutes, 11 MH carnply with ffic,Antn-Kickback Act of 1986, 41 U S.0 Chapler 87 which outlaws and prescribes penalties for 'krckr1Aicks`of wages in federally firianced or assisted caristructmn activities, It witH comply with Wie provisions i-A 5 U S C 7323(fuither known as the Hatch AiA)which limits, the poldical activities of eniployeps; It Mill comply with the flood lnsurar�ce purchase and other requirements of the Flood Disaster Proteclion Aot of 1973,as amended,42 U S,C,50, micluding reqUffemerits regarding the purchase of flood insurance m commUnitle$WheM such MSUPEMGe is available as a condition for Vie reoeipt of any Federal finarioial assistance,for cons 'tjor)orL acquiv,tron purposes for use in any area having special flood hazards. The phrase 'Federal fjnasiciaq assistanoe"inckides any form of loan,grant,guaranty, fffsurance payrTirerk, rebate,subsidy, Osaster assistance loan or grant,ar any other forma of direct:or indirect Federal assistance, For sites located within S[ppoal Floc)d Hazard Areas(8FHA),Me:pub-feciporit must include a F E M A Model AcknoMedger-rent of Conditions of Mitigation of Property in a Sp eciat Flood Ha zarcl Area with FE MA Grant Funds execs Aed by the title holder with the closeout Tp-qijesl.verifying that certain SFHA requiremerits were satisfied on,each of the properties The Model Admowledgernent can be found at www,tema,govlgov�-,rniiienta/9'rant)%fha-coiidithc)ii,,,,stitni It will)require every bl-flkfing or facility(other than a privately owned resndential structure) designed,constructed,or altered with funds provided under this Agreement to comply with the "Uniform Federal AccessiUlity Standards,"(AS)wh0ir is,Appendix A to 41 C F R Section 101- 19 6 f(,w generM type buildings and Appendix A to 24 C F R,, Part 40 for residential stjructures, The Sub-reciperit wilt be responsible for conducting inspaections to ensure compliance wrath ff")ese sj�x, aoficatiorrs bV the contractor: It will, In connection with its performance of environmental assessments under the Nationat Enviionrnerif@t Fk.)ficy Act of 1969,comply with Seotion 106 of the National Historic Flre�servatiori Act of 1960(54 U S,C),, Executive Order 11593,3P3'C.F-R, Part 800,anc.1 the F"reservietion of Ardlaeological[and Historical Data Act of 1966(54 U S C 3125)by, 46 Page 87 of 105 473 (1 Consulting with the State Historic Preservation Office to identity propertles listed in or eligible for 01CILISion in the National Register of Historic Ptlaoes that are si.ilblecl to adverse effects(see 36 C,F,R,� Secticin 800,B)by the proposed activity,and (2) Complying With all reds-wenlents estabfished by the,Slate to avoid,or mitigate adverse effects upon such properties G13) Aoichrig 1)y the terms aril conditions of nie"Programmatic Agreement Among the Federal Emergency Management Agency,the Florida,State Historic Preservation Office,the Florida Division of Emergency Management and the Advisory Council oil Historic Preservation,(PA)"which addresses roles and respor-isibildies of Federal and State entities in implementing Section 106 of the National Hisioric Preservation Act (NHPA) 54 US C.,, and imrfleirnentlng regulations in 36 C F R-Part 800 (4) When any of the Sub recipient's projects funded under this Agreement irnay affect a historic prnpefty, as defined,In 36)C.F,R,, Part 800,1(.3(1)(1),the Federal Emergency Management Agency(FEMA)may require the Swab-reciprent to review the eligible scope of work in onnsultation with the State Historic Preservation Office(SHPO)and suggest rnetbods of repair or ronstructmn that will conform with the recornmended approaches set out in the Secretary of interior's Standards for Rehabilitation and Guidefines for Rehabilitating Historic Buildings 1992(Standards),the Secretary of the Interior's Guidelines for Archeological Documentation(Guidelines)(48 Federal Register 44734-3-0, or any other applicahle Ser;retary of intents standards. It FEMA determines that the eligible scotx,,of work will not conforrin with the Standards,the,Sub-reopienf agrees to partrcipate un corrsultatron,,.,to develop,and after execution by ail I'milies., to abide by;a written agreement that establishes mitigation and recondition measures, mcluding but not limited to, impacts to archeological sites, and the satvage,storage,and rel use of any significant architectural features P-lat may otherwise be der-nolisiled, (5) Tre Sub-recipient agrees to notify PEMA and the DMsion it any project.funded under this Agreernerit will involve ground diMuteig activilies,including, but not limited to subsurfai,,,e disturbance,removal of trees,excavation of foofings and foundations,and ,installation or urtflNties(such as water, sewer,storm drains,electrical,,gas, leach tines and septic tanks)excet-.)t where these activAres are restricted solely to areas DI-eVIDUSly diStUrbed by the wistaflation, replacement or maintenance Of SUCh utilities, FEIVIA 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 arty National Register ellgUe archeological propeu-ty or will make lecornmeridations for the develop ment.of a treatVnent an for the fec*very orarcheic1ogoal data from the property, If The Sub-recipient is linable to avoid the archeologlcal property,develop in consutation with L4HPC,a treatment plan consistent with the Guidelines arid take antra account the Advisory Council on Historic Preservation(Gouncfl)publication"Treatment of Aid'reo4ogicaWmperties` TtieSt)tl-rec pueritsl,ollforwaiflir,iforniatioi:iregardirigtroe treatm,W plan to FF MA,tfie HPC)arid Vie Couricfl for i evlew, If the SHPO acid the Council[dc)hot object wifl,iin fifteen(15)calendar days of receipt of the treatment plan, FUMA may direct the Sub-recip ent to irriplerinerit the treatmerit plan, If either the Coui)04 or the%-IPO object Sul)re6perif shall not proceed with the project unW the objection is resolved, (6) The Sub-l-ecipient shall nahty ttie Drvlsian and FEMA as soon as practicable (a),of any changes in i1he approrved scfqx,of wr.)rk fora I'NJationat Register eligible or listed piropetly, (b)of ail oranges to a propot that may result iri a supplerneritar DSR or rnodify a HMGP project for a National Register eligible or fisted property,(c)if it appears that a project funded under this Agreement wall affect a previously unidentified property brat may be 47 Page 88 of 105 474 eligible for inclusion in the National Register or affect a known historic property in ari unanticipated manner. The Sub-recilipent acknowledges that FEMA may require the Sub- recipient to stop construction in the vicinity of the discovery of a preMLISly 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 SUID- recipient further acknowledges that FEMA may require the Sub recipientto take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHRO. 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=plernent recommendations to address the project and the property. (7) The SuID-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 ft,allowed such significant adverse effect to occur. (M) It witi comply with applicable provisions of the following laws and policies prohibiting discrimination 1. Tutle VI of the Civil Rights Act of 1964,as amended,which prohibits discrimination based on race,color,or national origin(inclludmg limited English proficiency). 11. Section 504 of the Rehabilitation Act of 1973,as amended,which prohibits discrimination based on disability. 111. Title V of the Education Amendments Act of 1972, as amended,which prohibits discrimination based on sex in education programs or activities. V. 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 (11) It will comply with Title IX of the Education Amendments of 1:972,as amended(20 U S.0 1681- 1683 and'1685-1686)which prohibits discrimination on:the basis of sex, (0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970; (42 U S.0 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 conficlentia I ity of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C.4821 et sect.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (01 It will comply with the Energy Policy and Conseivation 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 Linder this Agreement, It will comply with Title VIll of the Civil Rights Act of 1968, (42 U.S C 2000c and 42 U.S.0 31601- 3619),as amended, relating to non-discrimi nation m the sale, rental or financing of housing,and 46 Page 89 of 105 475 Title V1 of the Civil Rights Act of 1964(P L 88-352),which prahibits discrimination on the basis of race. mbar far nahonap origin; (U) It wilt comply with the Dean Air Act of 1955,as amended,42 U,S.C, 7401-7675; M It will comply with the Crean,Water Act of 197 T,as arriended, 33 U S C 1251-1388 (w) It wilif conip y with The endangered Species ACT Of 1973,16 U&C 1531-1 544,; (X) 11 wilt comply with We lntergovetnmeritat Peisonnel Act ot 1970, 42 LI S C 4701-4772, (Y) It will assist the awarding agency in assuring compliance with the Nlatjonat Historic Preservation Act of 1966, as arriended,54 U S C (Z) I[wi If comply with envii onmenla 11 slaridards which,may he presa Oed pursuant to the Na horW ErwironrnentM Policy Act 10 19(59,42 U S C 4321.4347; (aa) It will assist the awarding agency in assuring compliance with the Preservatinn of Archeologica I and Histoncal Preservction Act of 1966, 16 U,S,C.54 U8,0, 3125 (bb) It will cornply with tt-ie Rehabilitation Act of 1973, Section 504, 29 U, C 794,ie�garrfinq non- dlscrimrnation� (oc) 11 with comply with 0-ie enviiorir'ieritat standards which may be prescribed pursuant to the Safe Drink,ing Water Act of 1974,42 Li,S,Ce N1Df-300j-27, iegarding the protection of widerground water sources, (dd) It wit corriply with the requirer-nent--i of Titles It and 111 of the Uniform Relocatiori Assistance and Property Acquisiftkmi Poljcues Act of 1970, 42 US C 4621-4638.which provide fol fair cared equitable treatment of persons displaced or whose property is acqUired as a result ol6 Federal or Federally assisted programs, (ep) It will comply with Vie Wild and Scenic Rivers Art of 19("38, 1 ri U S C 1271-1287,related to proltecbrig corrilacinents or,potenWO C0171ponerits of the national wild rand scenic rivers system, (ff) Itwill comply with the following Executive Orders EdD11514(NEPA),EO1,1738(violating facilities),E0 1198B(Floodplain Mariagerrient),EO 11990(Wetlands),and ECD 121898 (17-riviranirriental Justice); (gg) II wilt comply with the Coastal Barrier Re'SOW ces Act of 1977, 16 U.S G.3501-3510, (hh) It wilt assure projed cor-isisienoy with the approved State prograrn devero d un(Jer The Coastal Zone Marogemerrt Act of 11972, 16 6)SC 1451-14674and (ii) If,wilt comply with the Fish and Wiklfile Coordination Act of 1958, 16 LJ S-C 661-668 (jj) With respect to derrolifion adivibes,it wilk (1) Create and make availat�le docurrientation sufficient to demonstrate that the,Sub- rerplent and its demolition contractor have sufficrent manpower and;equipment to comply wrfi-i the obligations as outfined in this Agreement, (2) Re tuna the property to its natural state as though rio improvernents,had ever been r.ontained thereon. Page 90 of 105 476 (3) (Furnish documentation of all cluapified 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 requiremeirats of the iU.S.Environmental Protection Agency,the l bricla 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 rernove asbestos and lead from demolished or otherms-e applicable structures. (8) 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 well's and septic tanks located on each site. Provide documentation of cllosures. (10) Comply with mandatory standards and policies relating to energiy efficiency which are contained in the Mate(Energy Conservation Plan..,issued in compliance with the Energy Policy and Conservation Act(Public Lave 94-163). (11) Comply wiith all applicable standards„orders;or requirements issued under Section 112 and 306 of the Glean Air Act(42 U.S.C. 1857),Section 508 of the Clean Waiter Act(33 U.S.C. 1E51�-1388),,Executive Order 11738,and the U S. Environmental Protection Agency regulations(40 CE'.R, hart 15 and fit) This clause shall be added to any subcontracts. (12) (Provide documentation of loublic notices for demolition activities. 5U Page 91 of 105 477 Attachment D REQUIEST FOR ADVAINCE OR REIM13URSEKIENT OF HAZARD MITIGATION ASSISTANCS PROGRAM FUNDS &JB-REClREI1,jT Mortme County REMIT ADERESS� 500 Wmtemad Strem CITY Key Wast STATE FL ZIP CODE 33040 PROJECT TYPE- Generators PROJECT#, 4a37-524-R`, PROGRAM -Hazafd Mitigation Grant Program CONTRACT H0820 APPROVED SUD(31ET FEDERA[. SHARE: MATCH: ADVANCEDRECEIVED NIA AMOUN7 SETTLED? Invoice Period - through Payment Total of RoavicwEi PWmente to Date: (FedeTai) Eligible Anvura Obfigawd Federal obhgated flora- Divis,ion Use Only ,100% Arncxint Federal (Current Request) 1 75% 25% Approved Comments TOTAL cuRr4�."N'r REQ1,-)t'-'ST S By signing this repoTt,I certify to the best of rny knowledge and b0ef that the Teport is true,complete,and accurate, arid the expenditures,debiasemc�ots and cash fec,mpts are fix lhe PWPOSes and obj&:,tivesset.foith in the terryus and crmclifi ins fifthrew Federal award 0 arnawace that zany false,fictitious,orfraudiflent infofmation,or the,ornis&jon Many material fact, rriay subject hie,to cTimmal,civil oF adrnon1-',h,abVL- Derialfie-s f0f T13Ud,false sfateFrienls,false claims of otherwise,(U,S,Code Title 18,Section 1001 and TkIe,311,sections 3729-3730 and 3801-3812, SUP-RYCIP00 SIGNATURC 11AME, TmF� DATIF TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL —S APPROVED SRMC TOTAL $ GOVERNOWS AiST HnRIZED R.EPR" SENT ATIVF APPP,QVED rOr PAYMENT S DATE ,31 Page 92 of 105 478 Attachment D(cont.) SUMMARY OF DOCUMENTATION,IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM SUB RECIPIENT Morime County PAYMENT PROJECT TYPE- Generators PROJECT# 4337-524-R PROGRAM: Hazard Mit4Ltion GrantProqLam CONTRACT#, H0820 .......... ............................ REF NO' DATE" DOCUMENTATION' (check) ELIGIBLE AMOUNT � COSTS 2 4 5 7- 7 .......................... Iri rha p4yorpent represpnlT, L't" completiao of the prqiect TOTAL rsl an by r,�ducjcv v Labar, P4­,,sjond 4oa,j dram)tj th,,•,'.ippvjv,0 hoe lkw0n'(dgcV 52 Page 93 of 105 479 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT.,Monroe County, If YOU are requesting an advance,indicate same by checking the box below. I I ADVANCE REQUESTED Advance payment of S is requested Ralance of payments Wfll be made an a reimbursement lxqsgs. The fund,,;are needed to pay staff, award benefits to dients,dulpflcate forms and purchase start•up supplies and equipment, We would not be able to operate U-ie prograrn mthout this advance If you are requesting an advance,complete the following chart and line itern justification below. PLEASE NOTE: Calculate your estimated expenses at 10011/6 of your expected needs for ninety (SO)days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. l=�,Tl'MATE:CI EXPENSE BUDGET CATEGORY/LINE ITEMS 20-20 Anticipated Expenditures for First Three (list applicable line iterns) Months of Contract For example 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 cancelted checks as required toy the Budget and Scope of work showing 100%of expenditures'fan the 90 day period shall be returned to the Division Cashier,2666 Shumard Oak Boulevard,Tallahassee,Florida 32399,Within thirty(30)days of receipt,along with any interest earned on the advance. 53 Page 94 of 105 480 Attachment F QUARTERLY REPORT FORM LrIstryations Conyalele and wbmif ffils kxaf to:state Proiecl Manager wi#4n 1 5-days after earh roamer' SUB-RECiPIENT' Monvoe County PRDJECT 4,137-�24-R PROJECT TYPE- CONTRACT# 4-00820 PROGRAW QUARTER ENDING. Advance Payment information Advance Rece4ved[] N A[J Arnount S Advance Settled?Yes No Financial Arnount to Date, Sub-RemLxent Total Prolent Ex rldtli,irps to dale Lderal&locals 'Target Dates(State Agreement) Contwact Execution Date. Contract Expiration Crate; Date Doisverables Submitted lc seout Requested gate� Describe Milestones achieved 11-11`1119 this quartou Project Proceeding on Schedule? [J-Yes n No (W&fn,Desry,be finder Issues belb"A') Percentage of Nfliiestories compieted to Date. _% Describe Activities-Milestones completed this quarter only. Schedule of the Milestones-Activities Milq%9ng D&s(esfirnated) L Estrmah-ad�oject ConipL-form Date. Issues or circumstances affecting cornpletion date,m4estones,scope of work,and/or cast Cost Status El Cost Unchanged El Wider Budget aver Budget Cost f Financial Comments: Nr-)Tr Events may orrur hetween Quaderly reports, wWch have significeM irnpacl uponyow pipo,,t(s),such as ankipated overruns,changes in scope of work,exiensions, Contact the Division as snon as these condifions are 14nown, ottwif vise you could be non-coajplianf wpth your sfib-gTa,nt award S I ub-Rs,-,,r,,,pent Contrad Repfesentative(PO ): Signature Phone -To be completed by Florida Division of EmeLgeneV Management Project Manager Project Manager Statement, 0 Nn Acf4on R,-q uifr�d, OR [I Ach�,m RHqu#,N1 __—— PM Ft-qcentage of activates competed per PM Pevrew QF?Wesfones Spreadsheet 1,1y" L)alc-ReviewLd- 54 Page 95 of 105 481 Attachment G Warranties and Representations Fmanog M8naq2jj)ejV The Sub-Redliient'sfjrianc�al management system must comply with 2C,F R §200,302 reqWren,rents of 2 C F R, §200, Pan C—Post Federa,4 Award Requ4ementS—PrOCUrenr)ent Standards(2 C,F.R,. §§29130,317 through 200,327), ausiness Hours ,The Sub-Recipient shall have its offices open for business,with the entrance door open to ihe F..rubhc, and at 8easl one eimploypc-i on site,from 8:00 AM-,5:00 EIM,Mpanday Thru_FridaL as pli,cahhe. iceosina and Penniffirri All 5LjbcontfaQIorE.,or employees hired by the Sul-.r-Rleupient shalh have aO QLMeRt Inr-enSeS arld pprimits required for all of the particular work for wNh they are hired!by the Sub-Reoil:Aent 195 Page 96 of 105 482 'tta treat H . Subcontractor Covered Transactions The prospective sect contraclor, of fl ieSub-Recipwerit certftwes by submission of this docurnent,that nothier it, its prrricrpals ilia affiliates are w-yresenNy debarred,scispended,Ir fopor ecd'for ctebarrrient,dea.larert inewi+gbie,voluntan[y excluded,of rkrs tr,u alkt�e from partfcipaliorr in twos transection by aryV Fe�rte r d def:Wrroer7t or agerr(ly, SUBCONTRACTOR By ... _ Monroe Cps q!y ignatrrre F,i.al.-t'_e_,6pienl'.s frlarrie H0820 Name a d title, D0V Contract Numbeu Sbeet Address fmlcPutA P ojHct Numbei City,stato,Zip Date a Page 97 of 105 483 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE The,Federal Pt,inding Accountabihty and TrarisparenGy Act(FFATA)was signed on SeptemL*r 26, 2006 The inlenI of tNs legiVation is to empower every American with the abillily to.,hod the govemment accountable for each spendmg decision.The FFATA legislation requires v1ormation on federal awards(federal assistance and expenditures) be macie availal.Ae to the public via a single; searrhable webLsite,which�s' hi flv,'�'VYY I rklr. qavl The FFATA qUb aWZifd Rep.')rting Systern(FSRS)is the rerxwfinq tod the Florida Divisor of Emergency Management("FOEM"or"Division")must use to carAure and report sub-award and executive compensation data,regardmg first-tier sub-awards that obligate$25,000 or more in Federal Wnds (exclucmg Recovery funds as dermed in section 1512(a)(2)of the Arnencain Recovery and Ronvestr-neni Act of 200D, Pub L_ 111-5) Note,This"Instructluis and'Worksheet"is rneant to explain the requiremargs of the FFATA and give clarity to the FFATA Form disinUAad to sub-aWal-dees for completion, All pertinent into rmati an below hoijld be filled out, suqned,and returned to the project manager ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub- award(Agreement)that obligates$26,000 or more in federal!funds as described above.Please provide the following information and return the signed form to the Division as requested. PROJECT 4 4337-524-R FUNDING AGENCY, Federal Emergency Manaaernent ALqencv AWARD AMOUNT $396,000,00 0131 )GAT ONIACTI(DN[DATE January 25, 2022 SlJBAWARD DATE (if applicable) LJEID/SAM# QKLSG72LM7M9 UEVSAM# _7 Page 98 of 105 484 cif your cor npany o7 organization does not have a UE IG ISAM nruinb*,l,your will need lo obtain one fro rn bittps;l/sari.govlconterttdentrry-rergistratronThe process to request a UEICYSAM number takes about ten r7inutes and rs free of charge, BUSINESS rJAMF_ GBA NAME(IF APPLICABLE) PRINClPAIL PLACE OF BUSINESS ADDRESS, ADDRESS LINE 1: ADOPES,S UNE E ADDRESS LINE 3 CITY STATE ZIP CODE+4- PARENT COMPANY UEIDl(if applicable), CATALOG OF FEDERAL DOMESTIC ASsis rANCE(CF'DA#) DESCRIPTION OF PROJECT(Ulato 40010 Characters) As a Hazard Mitigation Grant Program (HMGP)project,the Sub-Recipient shall provide backup power to Marty-five(45)critical facilities within Monroe County,Florida. The scope of worn is for Phase I only,which',includes but is not lirnited to surveying,engineering, design plans preparation,permitting and bidding for the proposed project,for Phase ll approval.. No construction activities for this project have been approved. When completed„ the Sub-Recipient shall provide deliverables for Phase 11 review of the following proposed activities.. The design proposed for Phase 11 scope shall include purchasing and installing twenty-one(21) permanent generators with capacities ranging from 30k'W'W to 225kW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities, along with necessary automatic transfer switches (ATS), wiring and other installation requirements_ The project also includes the purchase of fourteen (14) portable generators with capacities ranging from S kW to 75OkW, or the adequate size determined by the vendor and/or an electrical erngineer during the bide process to appropriately support the critical facilities.„ and the necessary support equipment and fueling tank to be deployed at a total of twenty-four (24) critical facilities, In addition, [lie project includes Purchase and rnstalllation of two 5,000-gallon fuel tanks to be installed at the Monroe County Sheriffs Office Headquarters to provide increased run time before being refilled. The permanent generator(s)shall be protected against a 50 -yea flood event by implementing pecrfic activities or by locating the generator(s)outside the Special Flood Hazard Area(SFHA) and shall be protected against wind!with a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal, State and focal Rules and Regulations.. The portable generators shall be stored at a location protected against a 500-year flood event or located outside the S HA and shall be protected against wind with a rated enclosure- based tr,E Page 99 of 105 485 on its location requirements. Activities shall be completed in strict comp hance with Federal, State and Local RUIOS and Regulations. The diesel fuel tanks shall be buried Underground at a sufficient depth to protect against flooding threats,and consistent with VE Zone flooding risks such as,damage from wave action and inundation of critical components,Activities shall be completed in strict compliance with Federal,State and Local Rules and Regulations. Vo-,dly Uie aj,,?proveA1pic4Hc,f dps(,riphrxa abcwe,P th is any dscfeparcy,please contaO the projtw.;1 rrianag&, PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): AL DI,'RESS Ul,]E 1, ADDRESS UNE 2 AID RE,1.3S LINE 3 CITY STATE- ZIP CODE4411 LQNG,RE'SSW�-)NA�-QLSTRICT R I NC -PLACE OF PROJECT PERFQRWANCE —Providmgi the Zjnn�44 ensures tiat the correct CADnWessjonal DsWcl:is fe-parted. EXECUTIVE COMPENSATION INFORMATION; I in your bu,,�iness or orgarvzation's previous fiscall yew',did yoi.ir busmes-,or urgannzatjori(induchig j�arent arqwdz0on,all brandies,and all affiliates woildvwle)iecoive(a)Bri percent or rnore of your annual gross revenues born Federal pfootirernent contracIG(arid subcontracts)and Federal finanmall assistance(e g loans, grants,si.Axjrants, andlor cooperative agreernents,etc)subjPct to the Transl:)arency Act,as defined at 2 C,F.R, 170,320�, (b)S25,000,000 or more in annual gross revenues froll'i 1-1"S, Federal pfocurernent contracts(and subcontracts)and'Federal financiaP assistanre('e g loans,gran1q, qubgrants,andfor cnoperatve agreement��,etc)Asa rblervr10 the TF3R5j)aFency Act'? Yeo-E] r10 0 Iftheanswerto Question I is"Yes,"Continue to Question 2.It file answer to Question 1 is"No", move to the signature block betow to complete the certification and submittal process. 2, Dae5 the Rublic have access to irrforrnationaboLd the compensation of the eXeCUtPVC5 in YOUF business or organization(inclading parei-it arqanizatinn,all ibrar ch w es,and all affiliates arldWide) through periodic reports Wed under section 13(a)or 15(d)of the SeDirlips Ex&tanUe Ar1 of 1934 (15 U S.0 78m(a),78n(d))Section 5104 of the hiternall Rever-11-Je Code 0 19W? Yps 0 No El If the answer to Ouestion 2 is"Yes,"move to the signature block below to complete the certification and submittal process.[Note,Securities Exchange Commission information should be accessible at http//www.s ec.go Wan swe rslexeco m p.lit m.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 11TOTA L COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the"Total Compensation"'for the five(6)most highly compensated EK-q Page 100 of 105 486 "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'. Tat Qgm2gnspfion"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. iiL Earnings for services under non-equity incentive plans.This does,not include group life, heaith,hospitalization or medical reimbursement plans that do not discriminate in favor of executives,and are available generally to all salaried employees. M Change in pension value,This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax-qualified, vi. Other compensation,if the aggregate value of all such other compensation(e.g.severance, termination payments,value of life insurance paid on behalf of the employee,perquisites or property)for the executive exceeds$10,000, TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion Rank Total Compensation to (Highest to Name for Most Recently 5't Last t) Title cqnpLetmd Fiscal Year 2 3 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN,B" THE INORMAT F I ON PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: Ma or David Rice e DATE: vin Madok, Clerk MONROE O0UWrY ATTORNEYS OFFCE APPROVED AS TO FORM 60 By. �(/ 4"As Deputyferk TOWOUNVA11TORNEY DATE:_L_0,j_2022_ Page 101 of 105 487 Attach me nt J Mandatory Contract Provisions Provisions: Any i74ntract or subcontract funded LN this Aqreenient must conta0ri the appflcable provis oiris Outlined In Aprae,ndix,It to 2 C.F.R, Part 200. It Is the responsibility of the sub-recipient to include the required provisions, I he foflowinq is an list of sample provisions from Appendix IR to 2 C F R'.Part 200 that mat MqUired" Appendix 11 to Part 200—Contract Provisions for Non-Federal Entity Contrarts Under Federal Awards li")addition to qAhei provisions iequired V>1 the Federal agency or non-Federal entity, all 00iritracts made by the non-Federal entity,under the Federal award MUSt c'.xjrfrlain provisions covering the following as app icalble (A)Conlrarts for more than 9'ie,,,io pflfed acqu*iflorif threshold,wh ch I,,,the[nfl0on aclpisted an-rourit deterrriirfed by the Civilian Agency Acquisihon Couricil and the Defense Acquisibon Regulations C'(Airlcil(COUncils)as autlhori2ed by 41 LJ S C 1908, must address administrafive,ooritractual,,car Iqlal femedies iff instances where contractors violate or breach contract terms,and piovide for such sancticins and penalties,as appmpnate (0)All contrarAs irif excess of S10,000 must address tein*nation for cause and for convenience by, the non-Federal entity including fl,e mariner by which 0 wflty be affected and the basis for settlernicni (C)Filijal EjrjploVrrienlp(.)pp(,o1ijnftV Except as(Aherwise proMed under 41 C,,.F,R, Parl(50,W1 rjontracts that meet Qie definiltion of 1&*--mlly assisted cionstructiori,oontract"6n 41 C PJR 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 FR 12319, 12935,3 C,F,R,Pall, 1964-1G,165 Comp,,pa. 339),as amelided by Executive Order 11375,"Amending EXeCLAIVe Order 11246 Relating to EqUal Ernl-Aayment Opportunity,"and imp lenienting regulation-9 at 41 C F R.part 60, Office of Federal Contract Compliante Programs, Equal Employment Opportun4, Department of Labor (D)Davis-Bacon Act, as amended(40 J,S C 3141-3148y When required by Federal program legislatbn, alil prime construction contracts in excess of 1,32,0,00 awarded by non-Federal entities must mclude a prowsiOn for COrripliance with the Davis-Bicon Act(40 LI'SLCII 3141•,3144,and 3146-3148)as supplemented by Department of Labor rEqL.Jpatj01­iS(2,1)C,F,R Part 5, 'Labor Standards Provisions Appf ir-abl e to Contracts Covering Federally Financed and Assisted Construction") In accorcla rice With the statute,contractors niust be required to pay wages to laborers and rnechan'ucs,at,a rate not less than the prevailing wages spedfied in a wage determination made Icy the Secretary of Labor fin addition, coritractons must be required to pay wages not less ilhart once a week,The non-Federal er"Mty rnwst place a copy of the cut tent prevailing wage deteirnination issued by the Depiartinent of Labor in each sohi',itafion The decisron to award a contras on subcorilraot rnuA be coridilioried upon the acceptanoe of the wage determination The non-Federat entity must i eport all �uspected or reported violations lo the Federal awarding agency.1'he contracts rriu%t a9so include a pfrovfston for compliance with the Copetand 'Ante-Kickback'"Act(40 IJ,S,C, 3145), as suppiernented by Department of Labor regulations(29 C,F,R, Part 3, "'Contractors and Sul:�rontractjfs on Public Building OF PUW�Work Financed in Whole or in,Part VV Loaris or Grants(rorri the United States"),The Act providcs that each contractor or 8uI>roclp*nt ivrusi be prohibited frorin inducing by any rripans arvy person employed In the construction compiehon,of For example,the Daws-bacon,Act is not applic"alble to oflier FEMA grant and cooperative agreement progmins, including the Public Assistance Program of Hazard Mitigation Grant Proparn however alb- recipient may include the provision in its subcontracts 62 Page 102 of 105 488 repair(if putAic voofk, ro pve up any riad of the cj)rnp*--nsahon to which he or she is otherwise entitled The non-Federate entity must report all suspected or reported violations to the Federate awarding agency (E)Contract Work Hours and Safety Stanclards Ad(40 J S,C 3701-3706) Where applicable, a9 contracts awarded tyy the non-Ferleral[entity in excess of S10,0,000 that involve the employment of rnedlanics or IaLrof er-9 niust ulclucle a provision for compliance with 40 U,S,C,3702 and 3704,as supplemented 1--jy Department of Lzibor rpgWafions(2,9 C F R Part 5) Under 40 U S C.3702 of the Act, each rontrartor must be reqrjired to comphute the wages of every nechanic and laborer on the basis of a standard:workweek of 40 hours,Work In excess of the standard work week is permisslIble provided the t the worker is clornpensated at a rate of not le-gs than one and a hall birres the Nisic rate of pay for all hows worked in excess of 40 hQLJr$in the work week The requiremen[5 of 40 U S.C. 3704 are applicable to construction work and provide that no laborer or riiechanic must be required to work in S1Jrrnurrdjrig-,,or under working conditions which are unsanitary, hazardous or daingerous,Those requirements do riot apply to the purchases of supplies or rnateria Is or articles ordinarily available on the ripen market, or contracts foir transportation or transirnission of intelligence, (F)Rights to Inventions Made Under a Contract or Agleernent. If Oite Federal award meets the definition of"funding agreernet-it"um'Jer'3-7 C,,,F R.§401,2(a)and the recipieN or Si..ib-reoepierit'wishes to enter into a ccintraotwith a sn'iall business firm or nonprofit orgarmation rogal6riq the substituhain of parties,ass(grii-nent or of experimental, developmental,or research work under that"funding agreement,"the recipient or Sub-recipier-it must comply with the requirements of 37 C F R Pat 401, 'F ghts to Inventions Made by Nonprofit Organizatiot is and Smafl BLBiness Firras Under Governir-rient Grants, C(mitreicts and Gooperative Aigmen"jents,"and aay qroplerT'ienting regulations i$S.ied hy the awarding agency. (G)Clean Air Act,(42 U S,C 7401-7671 q.)and the Federal Water Pollution Control Act{33 U.S C. 1251-1387),as arriended—Contracts and subgrants of amounts in excess of$150,000 must rontaln a provisiron that reqwres the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pufsuant to the Clean Au Act(42 lt..),&C,T401-7671 q)and the Federate Water Pollution Control Act as amended(33 U S.0 1 251�1 387) Violations must be reported to the Fedeftl� awarding agency and the Regional Otfice of the,E ryvironmental Protection Agency(EPA) (1-1)Debarment and Suspension(Executive Orders 12549 and 12689,)—A contract award(see 2 C.F.Q.180 220)must not be made to parties listed on the governmentwide Excluded Parties List Systern m Vie Systern for Award Management(SAM,), in accordance witth the OMB guidelines at 2 C,F,R, 180 that rrnplement Executive Orders 12549(3 C.FR. Part 1986 Comp,p 189)and 12689(3 C.F R Pail 1989 Comp,p.235),"Debarment and Suspension';The EXCILIded Parhes Lmt System in SAM contains the names of:parties debarred,suspended,or otherwise excluded by agencies,as welt as parties declared ineligible under statutory or regulatory authority other than Executive Order 12540, (1)Byrd Aintj-Lobby nq Arneridnient(31 U S.0 1 352)—CQJ-1tFaGtOr$that apply or bid for an award of$1001000 or more MUSt file the reClUired certification Each tier certifies to the tier above that it Will not and has not used Federal appropriated funds to pay any persor-i or organization for inflLiending or attempting to influence an officer or employee of any agency,a member of Congress,officer or ernp oyee of Congress,or an ernployee of a member of Corigmss in connection with obtaining any Federal co ritract giant or any other award COVerE!d by 31 LJ,S.0 1352 Each tier most also disclose any lobbying with rion- Fedefat funds fl-ot,takes pplaq,,e in connection with obtammg any Federal award,Such disclosures are forwaided frorn fier to tier up to the non-Federal award. (J)See 2 C F R,§200 323 Procurerner-it of recovered iiiatenals (K)See 2 C,F,R,§200 216 Prohibition on certain te lecoirnrnuinucation and video surveillance, services or eqwIpment (L):See'2 G F,R, §20R 322 Domestic f,'rreferences for procuretnenl%s (AppendiA H to Port 200,Rpva,�t,,YJ Eff, 'I VIZ2020) 63 Page 103 of 105 489 F F M A created the 2019 FIDAT Contract Prmsiors Template to assist non-Fecieral entRies. It is a valable at hft ys 1Mvm f ema ijovirned ia-I brm-c agar 569ID591 19092- Q,'!3 15 8 d Ei 3 e 0 0 Rpose note that the sub-reciplent alone is responsible for ensuring that all language imiuded in its ccw�tracts meets th el iequirements d 2 C,F R. §200.32 7 and 2 C.F R,Pad 2,00,Appendi I/ 64 Page 104 of 105 490 Attachment K Certification Regarding Lobhying Check the appropriate box: 0 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 11(l);31 U.S.C.§1352; and 44 C.F.R.Part 18. I-,] This Certification is Mt required because the Contract,Grant,Loan,or Cooperative Agreement will be less than$1100,000 Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: I), 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, j) 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, k) The undersigned shall require that the language of this certification be included in the award documents for aH 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,--M-Qnroe Cqjin�C' 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 Statements,a ly to thi certification and disclosure,if any, ATTEST: Kevin Madok, Clerk Signature of Sub-RecCp6Wubcontractor's Authorized Official Ma or David Rice By: MYI Name and Title of Sub-Recipient/subcontractor's Authorized Official U — tty Di� rk As De Date MONROE COUNTY Kr INDMINEYS CWFWE APPROVED AS TO FORM % ( rAcur brrMrrYAa� MATE: Page 105 of 105 491