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Item C14 C14 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: C14 2023-1089 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning NA AGENDA ITEM WORDING: Approval of second modification to the mitigation sub-grant agreement PDMC-PJ-04-FL-2018-014 between the Florida Division of Emergency Management and Monroe County. ITEM BACKGROUND: Monroe County accepted the FEMA Pre-Disaster Mitigation sub-grant on behalf of Guidance Care Center in Marathon to purchase and install a generator to provide emergency power on November 20, 2019. The first modification to the agreement was approved on May 18th, 2022, extending the period of performance to April 1 st, 2023. This modification extends the period of performance until April 1 st, 2024. The remainder of the Scope of Work and budget information remain unchanged from the first modification that was approved by the BOCC on May 18th, 2022 Guidance Care Center is responsible for all costs. Monroe County will not provide funding for this project. Monroe County and Guidance Care Center have a MOA in place regarding this grant. PREVIOUS RELEVANT BOCC ACTION: The BOCC accepted this grant at the November 20th, 2019 meeting, and approved the first modification to the agreement at the May 18th, 2022 meeting. Monroe County executed a Memorandum of Agreement (MOA) with Guidance Care Center related to this grant at its December 2019 meeting, and an extension of the MOA at its April 2022 meeting. CONTRACT/AGREEMENT CHANGES: This modification extends the period of performance to April 1st, 2024, to allow for completion of the project. The previous modification expired April 1 st, 2023. STAFF RECOMMENDATION: Approval DOCUMENTATION: 495 PDMC-PJ-04-FL-2018-014_Mod_2_-_Monroe_County_BOCC_-_For_Subrecipient_Signature_-5- 25-2023.pdf MOD 1 EXECUTED.pdf NEW MOA APRIL 2022_Guidance Care Center.pdf MOA FULLY EXECUTED with Grant contract.pdf 2022 10 GL AL PL signed exp 7.1.23 WC Signed exp 3.1.23.pdf FINANCIAL IMPACT: NA 496 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: Monroe County BOCC PROJECT#: PDMC-PJ-04-FL-2018-014 PROJECT TITLE: FY2019-PDM-Monroe County- Guidance Care Center- Emergency Generator CONTRACT#: B0062 MODIFICATION#: 2 SUB-RECIPIENT REPRESENTATIVE POINT OF CONTACT Jeff Manning Senior Planner 490 63rd St. Ocean, Marathon FL 33050 Enclosed is your copy of the proposed contract/modification between Monroe County BOCC and the Florida Division of Emergency Management (FDEM). COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittal ❑ Signed electronic copy ❑ Reviewed and Approved ❑ Signed and Dated by Official Representative ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA)- completed, signed, and dated ® N/A for Modifications or State Funded Agreements ❑ Attachment K— Certification Regarding Lobbying - completed, signed, and dated ® N/A for Modifications or State Funded Agreements ❑ Electronic Submittal to the Grant Specialist Eva Colona on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4532 or email me at Susan.Harris- Council@em.myflorida.com. 497 Contract Number: B0062 Project Number: PDMC-PJ-04-FL-2018-014 MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification Number Two made and entered into by and between the State of Florida, Division of Emergency Management("the Division"), and Monroe County Board of County Commissioners ("the Sub-Recipient")to modify Contract Number B0062, dated, January 6, 2020 ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Pre-Disaster Mitigation Grant Program of$75,930.00, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on April 1,,2023; and WHEREAS, the Division and the Sub-Recipient desire to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin January 6, 2020 and shall end April 1, 2024, unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 2nd Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 498 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: ------------------------------------------- hiarxue 4':'ciuu:v hncmcen�'s(Htuce C'hri,drur C"nr�,neciseiuv l'c,rmvN Anmrceu-v Da 6/1/23 499 Attachment A Scope of Work and Budget 2"d Revision STATEMENT OF PURPOSE: The purpose of this Scope of Work(SOW) is to upgrade a generator from 125kW to 150kW, which will provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida Division of Emergency Management(Division)and the Federal Emergency Management Agency(FEMA). The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub- Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT OVERVIEW: As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator and install a new 150kW liquid propane fueled generator and re-locate the liquid propane tank to an above ground concrete pad (with dimensions of roughly 6' long x 20'wide, and approximately 1' high) immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator outside the Special Flood Hazard Area (SFHA)and shall be protected against wind with a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. TASKS&DELIVERABLES: A. Tasks 1) The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute a contract with the selected bidders to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractors in accordance with the Sub-Recipient's procurement policy, as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. 500 The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility,Voluntary Exclusion Form"for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub- Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub-Recipient shall monitor and manage the removal of the old generator, as well as procure and install one new 150kW generator at 3000 41st St Ocean, Marathon, 33050, with all the equipment required to connect and operate it. The generator will be protected from hurricane wind damage by an enclosure and will be installed with a fuel tank, automatic transfer switch, and all necessary electrical and exhaust attachments. This work shall be performed in accordance with the PDM application and associated documentation as presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and documented, as appropriate. The Sub-Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient shall not deviate from the approved project terms and conditions. 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 Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) Signed and sealed copy of the As-built plans. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e) Certified Letter of Completion— 1. Affirming that the project has been completed in conformance with the approved project drawings, specifications, and scope. 2. Certify Compliance with all applicable codes. f) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. g) Copies of any permits that were required prior initiating work. If no permits were required provide a letter from the local floodplain administrator stating that the project did not require any permits. h) Letter verifying that construction vehicles and equipment used for this project were maintained in good working order to minimize pollutant emissions. The letter shall also include that the 501 contractor implemented measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer- related waste during project work. i) Verification letter or documentation showing the generator is protected to the 500-year(0.2% annual chance)flood elevation. j) Letter verifying that unusable equipment, debris, and material were disposed of in an approved manner and location, if any significant items (or evidence thereof)were discovered during implementation of the project, and that the Sub-Recipient handled, managed, and disposed of petroleum products, hazardous materials, and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. k) Proof of compliance with Project Requirements and Conditions contained herein. 3) During the course of this Agreement the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs(federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an affidavit signed by the Sub-Recipient's project personnel with each reimbursement request, attesting to the completion of the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation, which may include but not be limited to: cancelled checks; bank statements; Electronic Funds Transfer; paid bills and invoices; payrolls; time and attendance records; contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further,the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: 502 a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; and c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B. Deliverables As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator and install a new 150kW liquid propane fueled generator and re-locate the liquid propane tank to an above ground concrete pad (with dimensions of roughly 6' long x 20'wide, and approximately 1' high) immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator 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. Provided the Sub-recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: A. Engineering 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Notice of Commencement,and any local official Inspection Report and/or Final approval; as applicable. 3) The Sub-Recipient shall submit a final copy of the completed project's As-built drawings and all necessary supporting documentation, and provide a summary of all contract scope of work changes, if any. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. 5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub- Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes 6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to exceed the wind and impact standards of the current local codes. 8) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. 503 9) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. 10) The local municipal or county building department shall inspect the installation according to the manufacturer's specification, ensure that the above referenced standards have been met and documentation provided to the division for closeout. 11) The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural manmade disaster. B. Environmental: 1) The Sub-Recipient must follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, will require re-submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) re-evaluation before starting project work. 3) If any ground disturbance activities occur during construction, the Sub-Recipient will monitor ground disturbance during any ground disturbing activities during construction,and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the Division and FEMA. 4) The Sub-Recipient must coordinate with the local floodplain administrator and obtain required permits from the appropriate agencies prior to initiating work. All coordination pertaining to these activities and Sub-Recipient compliance with any conditions should be documented and copies forwarded to the state and FEMA for inclusion in the permanent project files. 5) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items(or evidence thereof)are discovered during implementation of the project,the Sub-Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Verification of compliance is required at project closeout. 6) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor shall implement measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer-related waste during project work. C. Programmatic: 1) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 2) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of the budget implications. 3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 504 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30-days prior to the Period of Performance date, for review and approval by the Division; for submittal to FEMA for closeout. 5) Any extension of the Period of Performance must be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension must be in writing and submitted along with substantiation of new expiration date, and a new schedule of work, to the Division a minimum of seventy(70) days prior to the expiration date, for Division processing to FEMA. 6) The Sub-Recipient must avoid duplication of benefits between the PDM and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK: State contract execution process: 3 Months Procurement of Generator, Materials, and Labor for 3 Months Install: Selection of Contractor- Notice to P 3 Months Proceed: Final Designs/Order Generator 3 Months and Materials: Receive Generator, Remove Existing Unit, Install 4 Months New Generator: Generator Start-Up and Testing: 2 Months Final State/Local Inspections, Permits, and 6 Months Reimbursement Request: Final Inspection/Closeout: 6 Months Total Period of Performance: 33 Months 505 BUDGET: Funding Summary Federal Share: $75,930.00 (20.14234668%) Local Share: $301,037.00 (79.85765332%) Total Project Cost: $ 376.967.00 (100%) Line Item Budget* Project Cost Federal Share Local Share Materials and Equipment: $136,517.00 $26,250.00 $110,267.00 Labor and Installation: $189,500.00 $12,000.00 $177,500.00 Permitting and Fees: $4,500.00 $1,875.00 $2,625.00 Site Preparation: $4,500.00 $3,375.00 $1,125.00 Architectural: $11,000.00 $8,250.00 $2,750.00 Structural: $4,900.00 $3,675.00 $1,225.00 Project Management: $17,950.00 $14,430.00 $3,520.00 Construction Trade Expenses: $8,100.00 $6,075.00 $2,025.00 Total: $376,967.00 $ 75,930.00 $301,037.00 *Any line item amount in this Budget may be increased or decreased 10% or less with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. This is FEMA project number PDMC-PJ-04-FL-2018-014. The Period of Performance (POP)for this project shall end on April 1, 2024. 506 In STATE OF FLORIIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantls Kevin Guthrie Governor Director July 7, 2022 Ms. Maureen Dunleavy Area Director 1205 Fourth Street Key West, FL 33050 Re: Project# PDMC-PJ-04-FL-2018-014, Monroe County BOCC Dear Ms. Dunleavy: Enclosed is the executed Pre-Disaster Mitigation Grant Program (PDMC) contract modification number one (#I) (Contract#130062) between Monroe County BOCC and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Susan,Harris-CouRp jj,@,qM.rriyflorida.com. The Project Manager for this contract is: Susan Harris-Council, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Susan Harris-Council at (850) 815-4532. Respectfully, Di DNq,W'"y%lg,*d by Laura Ohmwe aura ,,,UvY40h­ o.e DrM, L gawn, Dl,,­e�em nlyflwld Dhuwe DAe 2022 07 07 1 1A914-04'00' Laura Dhuwe Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shurnard Oak Bowevard www,FloridaDisaster.oro 2702 Directors Row Tallahassee, FL 32399.2100 Orlando, FL 32809-5631 N Kevin Madok, cpA Clerk of the Circuit Court&Comptroller—Monroe County,Florida DATE: Ma) '1 f, 2022 TO: Jell"Nlan►►ing,,`sir. Plaster I";ruer'l;cr►cy i\1.►nal;cmcut FROM: Liz Yonlnrc, Deputy Clerk SUBJECT: May 18t1i IWCC Meeting Attached is a copy of*the partially executed "NIadificaliar►, bc^low: 1)16 Is( 'Nfodification to the �'Iitigalion Sub-grant Agi-ccnrcnt No. PI)NIC-111-01-I-I, 2019ll 01 t (G rid,►ncc Care Centel', Inc.) 1wh%°ecrr the 1-`Iorid.► Division ol'En►crl envy�1I,uragell►crrl and �9crnrc►c Crrcrnty. "1'Iris nuyclilir,►lion ;tpinot°al recogr►i/cs lire increased project cost 1i`c7r►Y "+lt)1, 21.0.00,ito 'ii376,967.00, and extends the period of pc0orinanec to April 1, 20'Z3. Ur►ce Clue Niodificatia>rr is returned to you with sta(c appl-ONAl, pk°-►se 17,►c°k to me so I (-,Ijl add iu to the record! Should you havc ally questions picric led free to contact me at C305) 292-35 r0. cc: Comity Attorney,. I""inaricc Filc KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point brat# Key West,Florida 33040 Marathon,Ficatda 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 cn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 0 00 L0 Contract Number: B0062 Project Number: PDMC-PJ-04-FL-2018-014 MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification Number One made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Monroe County BOCC ("the Sub-Recipient") to modify Contract Number B0062, dated, January 6, 2020 ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Pre- Disaster Mitigation Grant Program of$75,930.00, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on April 1, 2022; and WHEREAS, the Division and the Sub-Recipient desire to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows-, (8) PERIOD OF AGREEMENT This Agreement shall begin January 6, 2020 and shall end April 1, 2023, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 1 Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference, 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31, IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT., MONROE COUNTY BOCC KEVIN MA00K,CLERK By. LA Ah Juv541 M 1v I De'pY#Cler Name and Title: Mayor David Rice Date: fe I?oqz MONROE COUNTY ATTORNEY PROVED AS TO FORM 7�JAMES IMPNAAR ,STANTCOU Y STATE OF FLORIDA Jarnes().Mole 4a I*—, DIVISION OF EMERGENCY MANAGEMENT Date*. �h D Laura "N By. Name and Title: Kevin Guthrie,Ctirector Date. 07-JUL-2022 Lo Attachment A Scope of Work and Budget 1st Revision STATEMENT OF PURPOSE: The purpose of this Scope of Work(SOW) is to upgrade a generator from 125kW to 150kw,which will provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida Division of Emergency Management(Division)and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub- Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT OVERVIEW: As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator and install a new 150kW liquid propane fueled generator and re-locate the liquid propane tank to an above ground concrete pad (with dimensions of roughly 6' long x 20'wide,and approximately 1' high) immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator outside the Special Flood Hazard Area (SFHA)and shall be protected against wind with a rated enclosure based on its location requirements, Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. TASKS&DELIVERABLES: A) Tasks 1 The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute a contract with the selected bidders to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractors in accordance with the Sub-Recipient's procurement policy, as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, |nm||gib||hy. Voluntary Exclusion Form"'for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub- Recipient. The Sub-Reciipient shall provide copies of professional licenses for contractors selected to perform services, The Sub-Recipient shall provide a copy ofacurrent and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub-Recipient shall monitor and manage the removal ofthe old generator, as well as procure and install one new 15OkVV generator st 3000 41st St Ocean, Marathon, 33850, with all the equipment required to connect and operate it. The generator will bo protected from hurricane wind damage byan enclosure and will he installed with a h/e:tanh, automatic transfer switch, and all necessary e|aut/iva| and exhaust attachments. This work shall be performed in accordance with the P0KA application and associated documentation as presented to the Division by the Sub-Recipient and subsequently approved by the [}'v/sk`n and FEyNA, ThwSub~Reckpient shall ensure that all applicable Shaba. Local and Federal Laws and Regulations are followed and documented, as appropriate. The Sub-Recipient shall fully pedbmn the approved project, as described in the app)hcadon, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all] applicable terms and conditions The Sub-Recipient shall not deviate from the approved project terms and conditions, Upon completion of the work, the Sub-Recipient shall schedule and part�cipate in a final inspection of the completed project bythe|ooaUmunicUpe|orcountybuNdinQdepadment(ofOm|aU), orcthe/approv�nQ official, a$ applicable The official shall inspect and certify that aH installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall becorrected by the Sub-Recipiient prior toSub-Reoipient's submittal ofthe final inspection request tothe Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide o summary of all contract scope nf work and scope cf work changes, ifany. Additional documentation shall ino|ude� a) Copy ofpemnb(s)` notice of commencement . b) Local BuUdong Official Inspection Report and Final Approval. o\ Signed and sealed copy of the As-built plans d) A copy of electrical designs, specifications and/or drawings elaborated tocomplete the scope, e\ Certified Letter of Completion— 1. Affirming that the project has been completed In conformance with the approved project drawings, specifications, and scope, 2. Certify Compliance with all applicable codes, 0 All Product Specifications/Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. g) Copies of any permits that were required prior initiating work. If no permits were required provide a letter from the local Uoodp|ain administrator stating that the project did not require any permits h\ Letter verifying that construction vehicles and equipment used for this project were maintained in good working order t¢minimize pollutant emissions. The letter shall also include that the contractor implemented measures to prevent spillage prrunoff of chemicals, fuels, oils, or sewer- related vvasteduhng project work. i) Verification letter or documentation showing the generator is protected to the 500-year(0.2% annual chance)flood elevation. mm �w nn mO d Letter verifying that unusable equipment,debris, and material were disposed of|nonapproved manner and location, if any significant items(or evidence thereof)were discovered during implementation of the project, andths8theGub-Reoipienthand|ed. rnanmQad. anddispoeedcf petroleum products, hazardous materials, and toxic waste|naccordance to the requirements and to the satisfaction ofthe governing local, state, and federal agencies. k) Proof of compliance with Project Requirements and Conditions contained herein. 3) During the course of this Agreement the Sub-Recipient eho|| submit requests for reimbursement. Adequate and complete source documentation shall besubmitted to support all costs (federal share and local share) related to the project. |n 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 berequested. The Sub-Recipient shall submit an affidavit signed by the Sub-Recipient's project personnel with each reimbursement request, attesting tothe completion qf the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation,which may include but not be limited to: cancelled checks; bank statements; Electronic Funds Transfer; paid bills and invoices; payrolls; time and attendance records; contract and subcontract award documents. Construction Expense: The Sub-Recipient mheU pre-audit biUs, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bi||s, invoices, and/or charges, Sub-Recipient shall ensure that all oontrmotor/subcontnmotnrbiUs. invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project dmne sheets, attendance logs, etc. Documentation shall bo detailed information describing tasks performed, hours devoted to each kask, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further. the Division shall ensure that no unauthorized work was completed prior hothe approved project start date byverifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was cpmp|eted, and that the mitigation meaaures are in compliance with the approved scope of work prior toprocessing 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 bythe Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application,and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name oy service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; and o) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. ~ ' The final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. S. Deliverables Amo Pre-Disaster Mitigation (PDK8) project, the Sub-Recipient shall remove the existinAl2ShVV generator and install a new 15OkVV liquid propane fueled generator and re-locate the liquid propane tank boanabove ground concrete pad (with dimensions of roughly G' long x2O'wide, and approximately 1' high) immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located hn Marathon, FL33O6O (24.711683. -81.O87164). The generator shall be protected against a 500 earOoodevemd by implementing specific activities mr by locating the generator outside the Special Flood Hazard Area (SFHA)and shall be protected against wind with a rated enclosure based on its location requirements. Activities shall becompleted in strict compliance with Federal, State and Local Rules and Regulations. Provided the Sub-recipient performs iw accordance with the Scope of Work outlined |nthis Agreement,the Division shall reimburse the Sub-recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: A. Ennineering 1) The Sub-Recipient shall submit tu the Division mn official letter stating that the project io1OOY4 complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final approval; as appUi�cab|e. 3) The Sub-Recipient shall submit a final copy of the completed pnojoci's As-built drawings and all necessary ouppodfing documentation, and provide a summary of all contract scope of work changes, if any. 4) The Sub-Recipient shall submit a final copy ofany electrical designa, specifications and/or drawings elaborated hocomplete the job. 5) The Sub-Recipient shall submit certified letter ofcompletion from Engineer of Record. The Swb- Recipienrs Engineer uf Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drmwinQo, opeckficadons, monpe, and applicable codes 8) The Sub-Recipient mheU submit akU Product Specifications / Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 7) All installations ahoU be done in strict oompUiancewith the Florida Building Code or Miami [lade Specifications. All materials shall be certified to exceed the wind and impact standards of the current local codes. 8) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. A) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and requimaments, and obtain(before starting project work) and comply with akhnequired permits and approva|s. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. 10) The local municipal or county building department shall inspect the instanWion according to the manufacturer's specification, ensure that the above referenced standards have been met and documentation provided to the division for closeout. mm �� LO wm 11) The materials and work funded pursuant bo this SubgnantAgreement are intended bz decrease the vulnerability of the building hm property losses and are specifically not intended bm provide for the safety of inhabitants before, during or after a natural manmade disaster. S. 1) The Sub-Recipient must follow all applicable State. Local and Federal Laws Regulations and requimemenba, and obtain (before starting project work) and comply with all required permits and approvals. Failure toobtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize federal funding. |f project work is delayed for year or more after the date oy the categorical exclusion(CATEX).then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition Vr supplement tothe approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, will require re-submission ofthe application to FEK8A through UheDivisionhorNmdona| Environmental Policy Act(NEPA) re-evaluation before starting project work. 3) If any ground disturbance activities occur during construction, the Sub-Recipient will monitor ground disturbance during any ground disturbing activities during constnmotion, and if any potential archeological resources are discovered,will immediately cease construction |nthat area and notify the Division and FEyNA. 4) The Sub-Recipient must coordinate with the |ooa|Ooodp|ain administrator and obtain required permits from the appropriate agencies prior to initiating work. All coordination pertaining to these activities and Sub-Recipient compliance with any conditions should be documented and copies forwarded to the state and FEMA for inclusion in the permanent project files. 5) Unusable e4uipmmnt, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, the Sub-Recipient shall hand|e, manaQe, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing |000|, state and federal agencies. Verification of compliance isrequired at project c|oeeout. 8) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor shall implement measures to prevent spillage or runoff of obemico|o, fuels, ui|$. ¢r sewer-related waste during project work. C. 1) The Sub-Recipient must notify the Division as soon as significant developments become knomn, such as delays or adverse conditions that might raise costs or delay oomp|edom, or favorable conditions allowing lower costs or earlier completion. 2) A change inthe scope of work MUST be approved by the Division and FEMA in advance regardless of the budget implications. 3) The Sub-Recipient must"obtain prior written approval for any budget revision which would result in a need for additional funds"{44CFR13(c) .from the Division and FEMA. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 3O-days prior tothe Period of Performance date,for review and approval bythe Division;for submittal toFEKAA for closeout. 5) Any extension of the Period of Performance must be submitted to FEMA,60 days prior to the expiration dabe. Therefore, any request for a Period ofPerformance Extension must beinwriting and submitted along with substantiation of new expiration date,and a new schedule of work,to the Division a minimum of seventy(70) days prior to the expiration date, for Division processing to FEMA. 6) The Sub-Recipient must avoid duplication of benefits between the P0W1 and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206,191. FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient 2) Disallow all or part of the cost of the activity or action not in compliance-, 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program, 4) Withhold further awards for the program;or 5) Take other remedies that may be legally available. SCHEDULE OF WORK: State contract execution process: 3 Months Procurement of Generator, Materials, and Labor for 3 Months Install: Selection of Contractor-Notice to 3 Months Proceed: Final Designs/Order Generator 3 Months and Materials: Receive Generator, Remove Existing Unit, Install 4 Months New Generator: Generator Start-Up and Testing: 2 Months Final State/Local Inspections, Permits, and 6 Months Reimbursement Request: Final Inspection/Closeout, 6 Months Total Period of Performance: 33 Months BUDGET:, Funding Summary Federal Share: $75,930.00 (20,14234668%) Local Share: $301 03700 (79,8 ......... ............. 5765�3320/6_g� Total Project Cost: $ 376,967.00 (100%) Cn ti U1 Line Item Budget* Project Cost Federal Share Local Share Materials and Equipment: $136,517.00 $26,250.00 $110,267.00 Labor and Installation: $189,500.00 $12,000.00 $177,500.00 Permitting and Fees: $4,500.00 $1,875.00 $2,625.00 Site Preparation: $4,500.00 $3,375.00 $1,125.00 Architectural: $11,000.00 $8,250.00 $2,750.00 Structural: $4.900.00 $3,675.00 $1,225.00 Project Management: $17,950.00 $14,430.00 $3,520.00 Construction Trade Expenses: $8,100.00 $6,075.00 $2,025.00 Total: $376,967.00 $ 76,930.00 $301,037.00 *Any line item amount in this Budget may be increased or decreased 10%or less with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. This is FEMA project number PDMC-PJ-04-FL-2018-014. The Period of Performance (POP)for this project shall end on April 1,2023. i 00 cou � �GJS COURTS °°fi' A Kevin Madok, CPA . . .b Clerk of the Circuit Court& Comptroller— Monroe Count Florida �ROE COUNSy' 11 DATE: May 4, 2022 TO: Jeff Maiiiiiiig, Sr. Plaimer Emergency Management FROM: Liz Yongue, Deputy Clerk SUBJECT: April 20tli BOCC Meetnig Attached is a copy of the fully executed Agreeiriernt Nvlticli has been added to the record: C21 Mc7norancliiiii ol'Agi-cciiiew betNveeii Monroe C'ou:uty BOC'C' a:ud. Guidarice Care C'eriter. Iric., rcgarclflig a 1,ccicral Erucrgcricy Managcrucut Agcucy (FEMA) liazard mitigatioti sub- rccipicrit:grant:Nvltcrciri. FEMA, througli the BOCC, sliall reirtibrirse Guidmice Care Center an anioruit riot to exceed $75,930.00, effective Marcli 16tli, 2022. Should you have any questions please feel free to contact me at (305) 202-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida limn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 519 AGREEMENT FOR ENHANCED HAZARD MITIGATION MONROE COUNTY THE GUIDANCE 1 CARE CENTER,INC. 20th April THIS AGREEMENT is made and entered this l61D day of Marcly, 2022 by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter "County"), whose address is 1100 Simonton Street, Key West, Florida, 33040, and THE GUIDANCE 1 CARE CENTER, INC., a Florida Not For Profit Corporation(hereafter"Guidance Care Center"),whose address is 3301 Overseas Highway, Marathon, Florida, 33050. WHEREAS, Guidance Care Center has applied to the Florida Department of Emergency Management(FDEM) for a FEMA Pre=Disaster Mitigation(PDM) Grant, and WHEREAS, FEMA awards PDM grant funds to State, U.S. Territory, and Federally recognized tribal Applicants, who in-turn provide sub-awards to local government sub-applicants; and WHEREAS, individual homeowners, businesses, and private non-profits may apply for funding through eligible local government sub-applicants; and WHEREAS, the County, as an eligible local government sub-applicant, has applied for a FDEM PDM grant on behalf of Guidance Care Center; and WHEREAS, County and Guidance Care Center desire to set forth each party's duties, rights and obligations; and WHEREAS, County and Guidance Care Center executed a memorandum of agreement January 23rd, 2020 for a term that will expire on April 1st, 2022; and WHEREAS, County and Guidance Care Center desire to continue said agreement to complete the hazard mitigation project; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as follows: 1. AGREEMENT PERIOD. This agreement is extended for the period of March 1.61'h 2022, through April 1, 2024. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with. paragraphs 11 and 23 below. 520 2. AMOUNT OF AGREEMENT, PAYMENT AND PROCUREMENT PROCESS. Payment for expenditures, to the extent provided for in this Agreement, permissible by law and County policies shall be made through reimbursement to Guidance Care Center. The County shall provide an amount not to exceed $75,930.00 to Guidance Care Center. The County shall reimburse Guidance Care Center upon presentation of Application for Payment Summary,invoices, canceled checks, before and after pictures, County Representative signature of inspection and other documentation necessary to support a claim for reimbursement. Payment will be made after delivery and inspection by County and upon submission of invoice and documentation acceptable to the Clerk of Courts. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. It shall be necessary for the Guidance Care Center to contact the County Emergency Management Department(Jeff Manning—phone: (305)289-6325, e-mail:Manning-Jeffgmonroecounty-fl.gov and to arrange for inspection upon the completion of work for which Guidance Care Center seeks reimbursement. It shall be the responsibility of the project manager for Guidance Care Center to initiate the communication with the ]Monroe County Social Services Division to facilitate the inspection of the work. The application for payment document must be certified through a statement signed by an officer of the Guidance Care Center organization and notarized, declaring that representations in the invoice are true and factual. All work for which grant funds are to be expended must be completed by the stated termination date of April 1, 2024 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2024 to be considered for payment. Procurement of all goods and services funded under this agreement shall comply with Article 18 of Exhibit A and Monroe County Purchasing Policies and Procedures. All initial costs associated with the procurement of the goods and services including, but not limited to, design, purchase and installation of the Enhanced Mitigation Equipment shall be paid by Guidance Care Center. Guidance Care Center shall be solely responsible for any and all costs for which reimbursement is denied by the Clerk of Courts. Guidance Care Center shall be solely responsible for any and all costs which exceed the sub-grant award amount of$75,930.00. Upon the completion of installation and successful final inspection, the generator and all associated equipment immediately becomes the property of Guidance Care Center, Thereafter, Guidance Care Center shall be solely responsible for all maintenance, repair and warranty work. 3. RECORDS AND REPORTS. Guidance Care Center shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the County, the State of Florida, the Florida Department of Emergency Management or authorized agents and representatives of said government bodies. Guidance Care Center shall also provide such access to the personal Property and equipment purchased under this agreement. It is the responsibility of Guidance Care Center to maintain 521 appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. Guidance Care Center understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Florida Department of Emergency Management, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. If an audit determines that monies paid to Guidance Care Center pursuant to this agreement were spent for purposes not authorized by this agreement, Guidance Care Center shall repay the monies together with interest calculated pursuant to Sec. 55.03, F.S. running from the date the monies were paid to Guidance Care Center. 4. PUBLIC ACCESS. The County and Guidance Care Center shall keep and maintain public records, as defined by Chapter 1.1.9,Florida Statutes that are required to perform the services required by the contract. Guidance Care Center upon request from the County's custodian of public records, provide the County with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed that provided in Chapter 119,Florida Statutes, or as otherwise provided by law. County shall ensure that public records that are exempt or that are confidential and exempt from public record disclosure are not disclosed, except as authorized by law for the duration of the contract term and following completion of this Agreement if Guidance Care Center does not transfer the public records to the County. Upon completion of this Agreement, Guidance Care Center shall transfer to the County at no cost, all public records in possession of Guidance Care Center or; keep and maintain public records required by the County to perform the Agreement services in accordance with the public records retention schedule set forth by the Florida Department of State, Division of Library and Information Services. If Guidance Care Center transfers all public records to the County upon completion of the Agreement, Guidance Care Center will destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the County,upon request of the County's custodian of public records,in a form that is compatible with the information technology systems of the County. The County may unilaterally terminate this Agreement if Guidance Care Center refuses to allow access to all public records made or maintained by Guidance Care Center in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I of the State Constitution and Chapter 119, Florida Statutes. 5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this agreement shall be only amended in writing and approved by the Board of County Commissioners for Monroe County. The terms, covenants, conditions, and provisions of this agreement shall bind and inure to the benefit of the County and Guidance Care Center and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, Guidance Care Center is an independent contractor.No statement contained in this agreement shall 522 be construed as to find Guidance Care Center or any of its officers, employees, contractors, servants or agents to be employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights,privileges or benefits of employees of Monroe County. 7. 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. 8. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, Guidance Care Center shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to Guidance Care Center. 9. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Guidance Care Center 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. 10. 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. 11. TERMINATION FOR BREACH. The County may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Guidance Care Center shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide County with certification of use of matching funds or matching in- kind services at or above the rate of request for reimbursement or payment is a breach of 523 agreement, for which the County may terminate this agreement upon giving written notification of termination. 12. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Guidance Care Center and the County. 13. 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. This agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this agreement, the County and Guidance Care Center agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 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 Guidance Care Center 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. The County and Guidance Care Center 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, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 14. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and Guidance Care Center agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this agreement or by Florida law. This agreement shall not be subject to arbitration. 524 15. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this agreement, County and Guidance Care Center agree to participate, to the extent reasonably required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this agreement or provision of the services under this agreement. County and Guidance Care Center specifically agree that no party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. 16. ETHICS CLAUSE: Guidance Care Center warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. The County and Guidance Care Center 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, Guidance Care Center 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. 17. COVENANAT OF NO INTEREST. County and Guidance Care Center 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. 18. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship, and disclosure or use of certain information. 19. PUBLIC ENTITY CREME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on 525 an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document Guidance Care Center warrants that it is in compliance with this paragraph. 20. AUTHORITY: Guidance Care Center warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for Guidance Care Center below certifies and warrants that Guidance Care Center name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for Guidance Care Center; and this agreement has been approved by the Board of Directors of Guidance Care Center or other appropriate authority. 21. INSURANCE: Guidance Care Center agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify Guidance Care Center and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against Guidance Care Center for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by Guidance Care Center of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, Guidance Care Center shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: A. Workers' Compensation insurance as required by Florida Statutes. B. Commercial General Liability Insurance with minimum limits of $500,000 Combined Single Limit(CSL)If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. C. Comprehensive Auto Liability Insurance with minimum limits of$300,000 combined single limit per occurrence. Florida Department of Emergency Management and the County shall be named as additional insured, except workers' compensation. The policies shall provide no less than 30 days' notice of cancellation, non-renewal or reduction of coverage. Guidance Care Center shall provide to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: 526 • Original Certificate of Insurance, OR • Certified copy of the actual insurance policy, OR • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management- Telephone Brian Bradley at(305) 292-3470 for details (Certificates can be e- mailed directly from the insurance agency to: Bradley-Brian @MonroeCounty-FL.Gov) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance policy must state that the :Monroe County BOCC and Florida Division of Emergency Management is the Certificate Holder and additional Insured for this contract (certificate only for workers' compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FL 33041 22. HOLD HARMLESS/INDEMNIFICATION. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Guidance Care Center shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against(i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Guidance Care Center or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Guidance Care Center or any of its employees, agents, sub- contractors or other invitees, or (C) Guidance Care Center default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Guidance Care Center). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. Guidance Care Center shall immediately give notice to the County of any suit, claim or action brought against Guidance Care Center that is related to the activity under this agreement, 527 and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. 23. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Guidance Care Center: Guidance/Care Center, Inc, A FL 501 c3 not for profit corporation Attn: Maureen Dunleavy 3000 41st Street Ocean Marathon, FL 33050 Any notice of breach, default, termination, legal claim, or demand for indemnity copied to: WESTCARE FOUNDATION, INC. ATTN: Executive Vice President 1.7�11 Whitney Mesa Dr. Henderson, NV 89014 528 For County: Monroe County Emergency Management Attn: Jeff Manning 490 63rd St Ocean Suite 150 Marathon, FL 33050 And Monroe County Attorney's Office I I I I 12'h Street, Suite 408 Key West, Florida 33040 24. CLAIMS FOR FEDERAL OR STATE AID. Guidance Care Center and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 25. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 26. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and agree that neither the County nor Guidance Care Center 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. 27. ATTESTATIONS. Guidance Care Center agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe 529 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. 29. EXECUTION IN COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this agreement by signing any such counterpart. 30. 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. 31. FEDERAL CONTRACTING REQUIREMENTS. All of the terms and conditions of the agreement between. Monroe County and the State of Florida, Division of Emergency Management dated January 6"', 2020 are incorporated herein as if set out fully. All of the requirements in said agreement applicable to"sub-recipient" shall apply to Guidance Care Center as if set out fully herein. Said agreement between Monroe County and the State of Florida,Division of Emergency Management dated January 6t" , 2020 is attached hereto as Exhibit A. 530 IN WITNESS WHEREOF, the parties Hereto have executed this Agreement on the day and date first written above in four(4) counterparts,each of which shall,without proof or accounting for the other counterparts, be deemed and original contract. ¢3 BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA B roa �Y y As Veput3rderk Mayor/6 an Witness: THE GUIDANCE/CARE CENTER, INC. A Florida 501 c3 Not-For Profit Corporation, by: Sigi ure Frank Rabbito COO Resolution WCGCC 2019-10 James D. Digitally signed by James D.Molenaar Date:2022.04.04 Molenaar 12:54:29-04'00' Approved as to Form and Legal Sufficlency James D. Molenaar Asst. County Attorney MONROE Cowl NTY ATTORNEY'S OFFICE 4. ry C � i 531 U I 5 E ENT u " person oir affiiiate who has Ibeen placed on the convicted rndor list foflowing a co nviicaticarn for public entity crime may not submit a bid on a contract to provide any goods or services to a pubiic entity, may not submit a bid can a contract with a pubfic entity for the construction or repair of a public buiUng or punbfiic work, may not submit bids on leases of real property to public entity, may not Ibe awarded or perform work as a CONTRACTOR, suppfler, subcontractor, or CONTRACTOR under a contract with any puubfiic entity, and may not transact business with ny PUblic entity in excess of the thireshoid amount prcavlded in Section 287.017, for CATI:wC ORY 'TWO for a perked of 36 months fraam the date of being placed on the convicted vendor list.," I have read the above and state that neither WUrte i L � ��..(I s-pcarndent" narrn ) roar any Affiliate Affiiiate has been placed on the convicted vendor list within the last 36 rnnounths. ( ig Date. m......... _.. ... .. ........................... .m... ,. STATE OF y� Subscribed and sworn to (gar ff rr ned) before rrn , by means of plhyslc l presence or CI r,airnlln rnot riza-H arn, on ...... �" (date) by V .....(rnrrn f ffi«arnt). IN In prrnIN Irvrnn to Qor has produced.-_ .. .. —(type of Id ntuficaflo n) as'od nfifiico tion. NOTARY PUIBUC My Commission pur l: ,;r w°`� �lr.�nrryl"adnn6o+ ",mirl� r9�tlurrlo�+M f r d C Rxrrrofw�tnuda i�07�i i�i�i0� s 4 1 Icy 6 Aircm'Jul E#omPurl IIw)ggh Nat o+lWI No 4vy hw, i 532 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 (Company) any) "...warrants that he/it has not ernp oyed, retained or otherwise had act on his/peer Ib Ih a f any forirrner County officer Ir ernp yee in vpoll bon of Section n of Ordinance No. 010-1990 or any County cnf c rcrr employee in viola uon of Section 3 of Ordinance No, 010-1990. For breach or r Wafion of tNs provision the County may, pn its discretion,terminate this Agreement ithouut Up Nfity and may cps , in its discretion, deduct ct from the Agreement or pUlThase price, or otherwise recover, the ftflU WrrIcaUnt of any fee, coin nrrnus soorn, percentage, gift, or consideration paid to the former COUnty officer or ernp oyee,," Date-, A.-L TATIE F: Ptorida COUNTY F: u bscdb d and sworn t (or affirmed) before true, by means of F_alhysicall presence or fI o npurn notarization, (date) Iby _ (name of sftu rnt)x H h s p��rs�rn�80 known to me or, has produced.� �.�_WWWWWW ......._ (type � of od rntp cafioirn) as ud rn-d-fic; tporn, NOTARY F U -.p y Commission Expires: s: �s �, (IAI40 A l7ex(..wK)w `r Nor wy R hlu `�C IW Uf Flc hdo �"», d �,���- C;warrrrrri�,wiwwr'r N(ri(Jr 1`�1r'1.2� � � � �yC:crrevn n.xraira��l�ur'f,�G�'� (h.wiwdod(hroughr Natlon,11 Newt pry As^,Yrr. 533 Monroeount Purchasing Policy a Procedures INON.-COLLUSION AFFIDAVIT t'._: .:., r� % J"O'O 'f the city of � ...............�.accordirn -to law on r'rny oath, and under penalty off rju�ury, depose an say t ant ...... . N the firm of � M _....__dhe bidder making the Proposal -ffor the project described in the Request for Proposals for ... .. _............................and that p executed the said proposal with ffu.uH authority to do so; b. the prices iirn this bird have been arrived at irnd p raderntpy without collusion, cons Otatio n, communication or a greerV"ent for the purpose of Ire"�a'$U"ictin competition, a s -to any V relating to such prices with any other bidder or with any competitor; C, unless otherwise required by law, the prices which have been quoted d in this bld have not been knowingly disclosed by the bidder and will not IkrnoM ngly be disclosed by the bidder prior to bid opening, directly or indirectly, to any rather bidder or to any competitor; and d. no att irrupt has been anode or will be made by the bidder to induce any other person, partnership or, corporation to submit, or not to submit, a Ibid for the purpose ofr strpetivaa competition; , the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies Upon the truth of the staternarnts contained in this affidavit in awarding contracts for said 'ect ig nan u.nr Q, Aa�Z STATE OF COUN­ry OF: Subscribed and sworn -to (or atffiirimed) before me, by means of _ physpcai presence or 0 onfiirn notarization, on Z (date) by (name of a'tfiaan't H s rsuaNnall hunraw�L1 t.q e or has produced " (type of'iderntiiffiicaatiaarn) as ideuati'ffica'tprn.. Notary Public My Commission E pir°ups. _ Wjj Z C:;t�(fiOL A,f� B..WCdt� sa;�., PMi�Lgryrt't�191io 4a,wYr isnllr,,�rualet t: P rir+tirga,*,u+s�d is Cvk,;d#,,7A°y My(C�uortitr � {aiiu^,1uao d 1ra�8 U ca���SCr 9 hl'�ra:uCua t�fdj flurcwot NcAa l'y� �s rr. 534 Monroe County Purchasing Drag o y an rocedores DRGLACE FORM �U -IFI P The Llnd�rsignedvendor in �accordance with Florida Statute287,087 hereby certifies es that: (Name of Business) ss) 1. Publish a staternent notifying employees that the uumlrawAafuul manufacture, distdbUtion, dispensing, possession, or use of a crarntrclIed substance is prohibfted prn the workplace and specifying the cticrns that will be taken against employees for violations of such prohibition. . lnforrrn employees bouat the dangers of drug abuse in the workplace, the business' policy of irrna nt i niirn dIrUg.-free workplace, any available drug crauurn elirnr , reh lbill'ut fnorn, and employee assistance Iprra rairm s„ and the pern lti s that may be imposed upon employees for drug abuse Viral ticrn, 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy offtie statement specified in Subsection(1), Urn the statement specified in suub ct.icrn (1), notify the employees that, as condition of working on the commodities or contractual services that are under blow the employee will abide by the terms of-the statement and will notify the employer of any conviction of, or plea of guilty or uncle contendere to, any violation of Chapter 893(Florida t t utes) or of any controlled substance llaw of the United States or any state, for a violation occurring in the workpl can no later r than five (5) days after such conviction. 5„ lmjpose a s rncturarn on, or reqWre the satisfactory p rtncnp tuorn in «a drug abuse assistance or r h biilit tiio n program if such is avaflable in the employee's community, or any employee who i c convicted, 5. Make a gored faith effort ten confinue to maintain a drug.-freeworkplace through iirrnplemrn rrt tucrn of this section. As the person authorizedto sign the staternent, I certify that this firm complies fully with the above requirements. ..... ..:.. _.r ---_-----_ ............ (Signature) COUNTY F: Subscribed and sworn tc (or affirmed) before me, by mean of Iphy ical presence or 0 ununlirne notarization, on (date) by Ck, 43 (means of ffi rnt)o He/ "In p r crn�all� knowru�c �� cr ._.�...W.._................_....................................�.............. �..�� �_�. h� pircdurc �C.)�. ,. .__ (tylp ¢�f iid�untlfoctorairn) as idrntofoctoram. ,• , CAROL DOCHOW Notary 6' bii�:iow of Fl ovida cwntnivi K My Comm ECrir� Jun �022 hr okm4jo j Noug ahoNtary A!,sn. 535 Monroe County Purchasing Policy and .procedures Project I�es�rnpatucan�s� . .:� � ��' ..HJUILLAU, � 1 � � p. � 1 ' , D�U. � q, w , OA ...�._____m. Respondent Vendor Nam 2.A i A&Cam Vender 1 EIN ............................................................................................................. Vendor's Authorized Representative Name and Title: � _...sk ° Address: � city: State: ,r ........... m„ wa __ N' ....�........ ._.,.,_e............. Phone pncuruc.I aatnhcr:_....... ............... ........................................................................mmmmm..... ..............___ Email Address: , " w Section 287,135, Florida Statutes prohibits as corripaany I'rorn bidding;can,submitting,a proposal for,or entering into or renewing a contract 6or goods ods or services of any amount if'' at the tinne of contracting or renewal,the companyis can the Scrutinized Companies that Boycott Israel List, created purstrant, to Section 21��w,472, Florida. Statutes, or is engaged ed in a oycott of l,sraO. Section 287,135,Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or rn ore,that are rail eitl°ter the Scrutinized Companies with Activities in Sudan List or,the Sc rt.utirtized.Q o nnpaaniies with activities in the Iran Petroleum Energy Sector pJsts which were created pnu:r:,uant to s„215,473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign can behalf of Respondent, C hereby certify that the coo npaany identified. above in the Section entitled"Respondent ondernt Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged ed in a boycott of Israel acid for Pro"iects of$1,,000,000 or more, i not listed on either the Scrutinized Companies with Activities in Sudan I..,i.st,the Sc;rutinnized Clornapranies with Activities in the Iran:Petroleum 1`,ruerg y Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 2 7.p3 , Florida Statutes,the submission of false certification tn•uay subject company to civil penalties, attorney's pees, and/or costs. 1 further understand that any contract with the County may be ter"uaaluruutcd, at the op6on rrtil"Ore f"ouuurty, if the company is p"raaruad Its have .,r.rbrnitted ,a false Ceti J1cation or has been placed on the Scrutinized Companies that Boycott Israel :1...,ist or engaged in a boycott of Israel or placed on the Scrutinised Companies with Activities in Saudan I..,ist or the Scrutinized Q:;ann"f<apaanie,s with Activities in the Iran Petroleum Energy Sector List or been errpxaupped In business ness operations In Cup°ra cnr S uMia. Certified By � � ....... � .._ _jet a who is authorized to sign on behalf of he Authorized 'Str�un alaurce referenced � Print Nar ae: M. � a 1"life; aw a Note: The ,lst are available at the following) Department of Management Services Site: Lit tP://wwW cltnls.In £lta.q.r(ka coirl.fllpu,sir ess cnpggtions/ Idle au rc Nnansl-p�g/ ertujt�.r_gtr f�aratn�atrc�a.:g,.lat���vrpc tee 4ac1(1 �. c1lScrrrnrott„Iteaun carttpl9rtor:ptw vendor fists Revised BO(."C 3/1 /2020 536 VISIT A FEDERALLYFUN 537 0 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron Mantis Jared Moskowitz Gave or Director January 06, 2020 Mr. Jeffrey S. Manning, Emergency Management Sr. Planner Monroe County BOCC 490 63,rd Street Ocean, Suite ISO Marathon, Florida 33050 Re- ProJect Number PDMC:2018-0,A Monroe County BOCC Generators Dear Mr. Jeffrey Manning:, Enclosed is the executed Pre Disaster Mitigation Grant Program (PDMC)Agreement (DEM No. B0062) between Monroe County BOCC and the Division:of Emergency Management. Upon completion of the work identified in the Agreement, a Request for Reimbursement form (Attachment D) should be completed and submitted to the Division for processing with Paragraph (9)of the Agreement . Please return to: Susan Harris-Council, Program Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Susan Has-Council at (850) 816-4532. Respectfully, Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer ME,A:m;m Enclosure 0 1 V I S 16 N! H,E A D Q U A R T E R 8 Tel: 860-413-9960 - Fax, 050-48$-1016 STATE-LOGISTICS RESPONSE CENTER 2555 Shumard Oa,k Boulevard 2702 Directors Row TallahaSsee, FL 32399-2100 OrlAndo, FIL 32809-5631 538 Agreement Number: B10062 Project Number. PDMIC2018.014 FEDERALLY-FUNDED SUISAWARD AND GRANT AGREEMENT 2 C.RK §20iO.92 states that a"subaward may be provided through any form of legal:agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. 200.74 'pass-through entity"means"a non-Federail entity that provides a subaward to a Suib-Reciplent to carry out part of a Federal program." As defined by 2 C.F, 200.93, "Sub-iReciplent" means�a non-Federal entity that receives,a subawairld from a pass-through entity to carry out part of a Federal program,* As defined by 2 C.FR §20,0.38, "Federal award" means"Federal financial assistance that a non,- Federal entity receives directly from a Federal awarding agency or Indirectly from,a pass-through entity."' As defined by 2 C,F,R, §200.92,, "subaward"means"an award provided by a pass-through entity to;a Sub-Recipient for the Sub-Reclpient to carry out part of a Federal award received by the pass-through, entity." The following,information is provided pursuant to 2 C.F.R. §200331(a)(1): Sub-Recipient's name: Monroe Coun BOCC, Sub-Recipient's,unique entity idientifier: 59-6000749, Federal Award Identification Number(FAIN): EMA-201 9-PC-0001 Federal Award Date: Ada ust 26 2019, Subaward Period of Performance Start and End Date, Upon Execution—4/1/2022 Amount of Federal Funds Obligated by this Agreement: $76,9000 Total Amount of Federal Funds Obligated to the Sub4Recipient by the pass-through entity to include this Agreement: $75,930-00 Total Amount of the Federal Award committed to the Sub- Reciplenit by the pass-through entity $75,930,00 Federal award project description (see FFATA): Generators for Critical Facilities Name of Federali awarding agency: FEMA Florida Division of Emergency Name of pass-through entity,: Yana2ement Contact information for the pass-through entity: Susan Harris-Councill Pr2Lect Gana9er Catalog of Federal Domestic Assistance(CFDA)Number and Name'. 97-047 Whether the award is R&D: N/A Indirect cost rate for the Federal award: NIA 539 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida(hereinafter referred to as the"Division"), and Monroe County Board of County Commissioners, (hereinafter referred to as the"Sub-RecipienC'). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward', THIS AGREEMENT IS ENTERED INTO IBASED ON THE FOLLOWING REPRESENTATIONS.. A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein-, B, The State of Florida received these grant funds from the Federal government, and the! Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following", (1) APPLICATION OE STATE—LAW TO THIS AGBEEMENT 2 CY.R. §2001.302 provides-. "Each state must expend and account for the Federal award in accordance with state laws,and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled"Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS.,_RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is s,uoject to 2 G.F.R. Part 200, entitled"Ulniiform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, b. As required by Section 215.971(l), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform, ii. A provision dividing the agreement into quantifiable units of deliverables thal rnust be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria,for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to, perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period, V. A provision specifying that any balance of unobligatedl funds which has been advanced or paid must be refunded,to the Division, 540 vi. A provision specifying that any funds paid In excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division, c, In addition to the foregoing,the Sub-Recip!ienit and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified In Attachment B. Any express reference In this Agreement to a particular statute, rule, or regulation,in no way implies that no other statute, rule,or regulation applies. (3) CO;NTAC a. In,accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Divisions liaison with the Sub-Recipient. As part of his1her duties, the Grant Manager for the Division shall: L Monitor and docuirnent Sub-Recipient performance;aind,., IL Review and document all deliverables for which the Sub-Recipient requests payment. b. The IDivision's Grant Manager for this Agreement Is: Susan Harris-Council, Project Manager FI Division of Emergency Management 25,55 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone:850-815-4:532 c, The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement Is: Mr. Jeffrey Manning,Senior Planner Monroe County Board of County Commissioners 490 63rd St,Ocean,Suite 150 Marathon, Florida 33050 Telephone:305-289-6325 Email: Manning-Jeff@,MonroeCounty-FL.Gov cl. In the event that different representatives or addresses are designated,by elther party after execution of this,Agreement, notice of the name, title and address of the new representative will be provided to,the other party'. 541 (4)' TERMS AND:C.O.N:DITIONS 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 sh:all end on Aprill 1, 20122,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. §20,0.77, the term,"period of agreement"refers to:the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200,309, the Sub-Recipient may receive reimb'ursem:ent under this Agreement only for""allowable costs,incurred during:,the period of performance." In accordance with section 215,971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during" the period of agreement (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with,either Chapter 216, Florida Statutes, or the Florida Constitution!. c. The Division:will reimburse the Sub-RecipientpEly for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is JZ§&30.00. d. As required by 2 C.F.R. §200.4 15(a), any request for payment under this Agreement must include a certification, sial,ned bv an official who is authorized to lec,iall y bind the Sub-Recipient, which reads as follows: "By signing thi:s report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and:objectives set forth in:the terms and conditions of the Federal award!. I am aware that any 4 542 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise, (U,S. Code Title 18. Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)," e, The Division will review any request for reimbursement by comparing the documentation: provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly delineates, i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each:deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with:the requirement for a"performance goal", which is defined in 2 C.F.R. §200,76 as Ua target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.FR §200,430 ("Compensation—personal services,") and 2 C,F.R. §200:.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U&C, §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages," Fringe benefits are allowable under this Agreement as long; as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an: established policy of the Sub-Recipient, 2 G.F,R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met; i. They are provided under established written leave policies', ii. The costs,are equitably allocated to all related activities,, including:: Federal awards, and, iii:. The accounting basis(cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees, K If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel:expenses in accordance with 2 C.F.R. §200.474, As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida,Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub. Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 1:1:2.0611(6)(b), 543 Florida Statutes($6 for breakfast, $11 for luinch, and $19 for dinner), then the Sub-Reciplent must provide documentation that: L The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i, The Division's grant manager, as required by section,215,971(2)(c), Florida Statutes, shall reconcile and', verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report, The final report must identify any funds paid in excess of the expenditures incurred by the Sub,-Recipient, j. As defined by 2 C,F,R. §2010,53, the term"improper payment"'means or includes. L Any payment that,should not have been made or that was made in an incorrect amount(including overpayments and underpayments) under statutory, contractual, administrative, or other illegally applicable requirements; and, iL Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for,such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper, (IO)RECORDa a. As required by 2 C,F.R� §200,336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts, The riigiht of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and dliscussion related' to such documents. Finally, the right of access is not llimited to the required retention period but lasts as long as the records are retained. b, As required by 2 CY R, §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient"s personnel for the purpose of interview and discussion related to such documents, c. As required by Florida Department of Mate"s record retention requirements (Chapter 11!19, Florida Statutes) and by 2 C F.R. §200,333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five(5) fiscal years from the date of 6 544 completion of grant cycle or project. The following are the only exceptions to the five(5) year requirement., i. If any litigation, claim, or audit is started before the expiration of the 6-yeah period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipienit is notified in writing by the Federal, awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs,or pass-through entity to extend the retention period, jii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition, iv. When records are transferred to or maintained by the Federal awarding agency or plass-through entity, the 5-year retention requirement is not applicable:to,the Sub recipient, V. Records for program income transactions after the period of performanice. In some cases recipients must report program,income after the period of performance. Where there is Such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is,earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C,F,R. §200.334,the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value, e. In accordance with 2 CY.R. §200.335, the Dlivision must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request, If paper copies are submitted, then the Division must not require more than an original and two copies, When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.RR. §200.303. the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as,sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal::, state, local, and tribal laws regarding privacy and obligations of confidentiality. 9. Florida's Government In the Sunshine Law(Section 286.011, Florida Statutes) provides the,citizens of Florida with:a right of access to governmental proceedings and mandates three, 7 545 basic requirements: (1) meetings,of public boards or commissions must be open to the public„ (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and, promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in,the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies'iperformance of their public duties. If a public agency delegates the performance:of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire departmenit provides firefighting services to a governmental entity and uses facilities and equipment purchased with, public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Reciplent based upon, the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings,of any subcommittee making recommendations to the governing 'board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records,, available to the public in accordance with Chapter 119, Florida Statutes. h�. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature,, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds,by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements, However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records,Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirernenls and objectives, of the Budget ands Scope of Work-Attachment A-and all other applicable laws and regulations, (1 1)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F,R, Part 200, Subpart F, b, In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles ('GAAP"), As defined by 2 C.F.R, a 546 §200.49, GAAP"has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB)and the Financial Accounting Standards Board(FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"'). As defined by 2 C,F,R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial'audits," d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of alll funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 219,97 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. IPart 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 Shurnard 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 onfine at: http*,//harvester.census,gov/fac/coltect/ddeindex.fitml 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 9 547 (12)�REPO,RTS a. Consistent with 2 G.Q.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 addlition to any other information requested by the Division. b, Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year ands shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 3,0, September 30 and December 31, c. The close-out report is due 60 days after termination of this Agreement or 60 days after completions of the activities contained in this Agreement, whichever first occurs. 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(16) REMEDIES, "Acceptabletothe Division" means that the work product was completed in accordance with the Budget and Scope of Work, e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division, f. The Sub-Recipient shall provide additional reports and information identified in Attachment F, (1 3)M� ONITORING:, a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of:its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time,schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved, A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the, quarterly report. b. In addition to reviews of audits, monitoring procedures may includle, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Floridia Chief Finaniciai Officer or Auditor General, In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timeiy completion of all tasks,, 10 548 (14)LIABILITY a, Unless Sub-Recipient is a State agency or subdivision, as defined in section 768,2,8(2), Florida Statutes, the Sub-Recipient is solely responsible to parties,it deals with in carrying! out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall, hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees,that it is not an employee or agent of the Division, but is an independent contractor. b, As required by section 768,28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes, Nothing herein is intended to serve as a waiver of sovereign: immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter,arising out of any contract. (15)DEFAU LT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division; has,the option to exercise any of its remedies set forth in Paragraph(16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement of any previous agreement with,the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time duriinig the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is,sent by the Division', c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, 6 The Sub-Recipient has failed to perform and complete on time any of its obligations under this,Agreement, (116),REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipient and, upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: 11 549 a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3)herein; b, Begin an appropriate legal or equitable action to enforce performance of this Agreement; c, Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes tinder the laws, rules and regulations governing the use of these funds, e. Exercise any,corrective or remedial actions,, to include but not be limited to; i. Request additional information from the Sub-Reciplent to determine the reasons for or the extent of non-compliance or lack of performance,, ii, Issue a written warning to advise that more serious measures may be taken, if the situation is not corrected, fli. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or M Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to,be iiaeHgible; f, Exercise any other rights or remedies which may be available under law, Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy, in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not aiffect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy, by the Division for any other default by the Sub-Recipient, (17)TERMIII ATION, a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules,, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material suibject 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 resuiIts in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience: through a written amendment of this Agreement, The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement, d. In the evenit that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has, received the 12 550 notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice wilt be disallowed, The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may', to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is,determined, (18)PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F,R. §§200.318 through 200.326 as well as Appendix 11 to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"), b. As required by 2 C.F.R. §2 00.31 8(j), the Sub-Recipient shal I"maintain records sufficient to detail the history of procurement, These records will include, but are not necessarily limited to the folllowing: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price," c. As required by 2 C.F.R 200.318(b), the Sub-Recipient shall"'maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders," In order to demonstrate compliance with this requirement, the Sub. Recipient shall document, in its quarterly report to the Division, the progress of any,and!all subcontractors performing work under this Agreement, dl, Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F,R, §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreements then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive)at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient within three(3) business days. Consistent with 2 C.F.R, §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F,R, §§200,318 through 200.326 as well as Appendix It to 2 C.F.R, Part 2010. Consistent with 2 CY.R. §200,318(k), the Division will not substitute its judgirnent for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may aflow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Diviskin's'rieview and comments shall not constitute an approval of the,solicitation. Regardless of the Division's review, the Sub-Recipiient remains bound by all applicable laws, regulations, and agreement terms, If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3), business day,window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient,, then the Division may; 551 L Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, fl. Refuse to reimburse the, Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C .F.R. §200,320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution, The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Reciplenit within three (3) business days. Consistent with 2 C,F.R. §,200,324, the Division will,review the unexecuted contract for compliance with the procurement standards outlined in 2 CJF.R. §§200,318 through 20,0.326 as well as, Appendix 11 to 2 C,FR. Part 200. Consistent with 2 C F.R. §200,318(k), the Division will not substitute its judgment for that of the Sub-Recipil,ent. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless,of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall! communicate those deficiencies,to the Sub-Rec�ipient as quickly as possible within the three(3) business day window outlined above. If the Sub-Recipient executes a subcontract after receiving:a communication from the Division,that the subcontract is morn-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, iu. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract, f, The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of:this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and(ifi)the subcontractor shall hold the Division and Sub-Recipient harmless, against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law, g. As required by 2 CY.R. §200i,318(c)(1), the Sub-Recipient shall"maintain written standards of conduct covering conflicts of interest and governing the actions of its,employees engaged, in the selection,, award and administration of contracts," h. As required by C.F.R. ,§200.319(a), the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition," Accordingly, the Sub-Recipient shall riot: 14 552 L Place unreasonable requirements on,firms in order for them to qualify to do business" ii, Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies-, iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest-, vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevanit requirements that pertain to the commodity or service solicited by the procurement; WL Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "(E)xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200,319(b), shall not use a geographic preference when procuring commodities or services under this Agreement, j. The Sub-Recipient shall conduct any procurement involving invitations to bid (Le. sealed bids) in, accordance with 2 C.F.R. §200.32D(c) as well as section 287.057(1)(a), Florida Statutes, k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C,F.R, §200,320(d)as well as,section 287,057(l)(b), Florida Statutes. 1, For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in: Section 288,703, Florida Statutes, Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §20OMi ("Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms"). (19)LUACHMENTS all. All attachments to this Agreement are incorporated as if set out fully. b,. In the event of any inconsistencies or conflict between the language of this, Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency, 16 553 c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii, Attachment A—Budget and Scope of Work iii, Attachment 6—Program Statutes and Regulations iv. Attachment C—Statement of Assurances V. Attachment D—Request for Advance or Reimbursement vi, Attachment E—Justification of Advance Payment vii. Attachment F —Ouarterly Report Form vifi. Attachment G—Warranties and Representations ix, Attachment H —Certification Regarding Debarment X Attachment I — Federal Funding Accountability and Transparency Act xi:i. Attachment J— Mandatory Contract Provisions (20)RAYMENTS a,. Any advance payment under this Agreement is subject to 2 C.F.R, §2010,305 and, as applicable, section 216,181(16), Florida Statutes, All advances are required to be held in an interest_: bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E, Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shalt be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed, b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall:be submitted within sixty(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices,shalt be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to:make any further payment of funds,shall terminate, and the Sub-Recipient shall submit its closeout report within:,thirty days of receiving notice from the Division. 16 554 (2 1)RE PAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following ad dress Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215,34(2), Florida Statutes, if a check or other draft is returned to the Division,for collection, Sub-Recipient shall pay the Division a service fee of$15,00 or 5% of the face amount of the returned check or draft, whichever is greater, (22)MANDATED CONDITIONS a�. The validity of this Agreement is subject to the truth and accuracy of all the information,, representations, and materials submitted or provided by the Sub-recipient in this Agreement, in any later submission or response to;a Division request, or in any submission or response to fulfill the requ!irements of this Agreement. Ali of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient,cause the termination of this Agreement and'!the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with, any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall;survive:the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 g!jeg.), 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 riot submit bids on leases of real'properly to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with: a public entity, and may not transact business with any public entity in 17 555 excess of ,000.0:0 for a period of 36 months,from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f, Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government,certifies, to the best of its knowledge and belief', that it and;its,principals: i, Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; iL Have not,within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with,obtaining, attempting,to obtain, or performing a! public(federal, state or local)transaction or contract under public transaction,; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; i,ii, Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph (22,)f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions(federal, state or local):terminated for cause or default. g:, If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement, h. In addition,the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding;Debarment, Suspension, Ineligibility And Voluntary Exclusion,"(Attachment HJ for each intended subcontractor which Sub- Recipient plans to fund under this,Agreement. The form must be received by the Division before the Sub-Recipient enters into A contract with any subcontractor. L The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,, Florida Statutes, which the Sub-Recipient created or received under this Agreement, j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any,interest income shall either be returned to the Division,or be applied against the Division's obligation to pay the contract amount, k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act ("INK)J. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions 556 contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division, 1. All unmanuifactuired and manufactured articles, materials and supplies which,are acquired for public use under this Agreement must have been produced in the United States as req,uiiredi, under,41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING_PROHIBITION a. 2 C.F.R. 0-450 prohibits reimbursement for costs associated with certain lobbying activities. bi. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the,purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this,Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to:the best of his or her knowledge and belief; i, No,Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee, of a Member of Congress in connection with the awarding of any Federal,contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension, conitin,uation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement, ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form,-LLL, "Disclosure of Lobbying Activities." lii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards(including subcontracts, subgrants, and contracts,under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon,which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification !shall be subject to a civil penalty of not less than $10,1000 and not more than $1001,0:00 for each such failure, 19 557 (24):COPYRI�GHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN!CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED,TO THE STATE OF FLORIDA; AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements,to that pre-existing patent or copyright unless the Agreement provides otherwise, bi. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material:are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection:with the performance under this Agreement are,transferred by the Sub-Recipient to the State of Florida, c. Within:thirty days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should, know could give rise to a patent or copyright, The Sub-Recipient shall retain all: rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property,exists, The Division shall then., under Paragraph(24) b., have the right to all patents and copyrights which accrue during performance of the Agreement, d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004,23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall; become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each:party shall:have an equal, undivided interest in and to:such joint inventions, The Division shall retain a perpetual,, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient; under this Agreement, for Florida government purposes. (25)LEGAL AQTH9RJZATJ0N, The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement, 20- 558 (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid'for in whole or in part with funds obtained from!the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i, The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants,are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following`, employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii, The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex,or national origin. iii. The contractor will send to each tabor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965„ and of the rules, regulations, and relevant orders of the Secretary of Labor, V, The contractor Will furnish all information and reports required by Executive Order 11245 of September 24, 1965, and by, rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will': permit access to his books, records, and accounts by the administering!,agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared 21 559 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, 19,65, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.. vfl, The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7),in every subcontract or purchase order unless exempted by rules, regulations, or orders,of the Secretary of Labor issued pursuant to,section 204 of Executive Order 11246 of September 24, 1965, so,that such provisions will,be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in,, or is threatened with, litigation with a subcontractor or vendor as a result of ,such direction by the admin•nistering agency the contractor may request the United States to enter into such, litigation to protect the interests of the United States, bi. 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 doles not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of(Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and, relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will)otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance, d, The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with,a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties,for violation of the equal opportunity clause: as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it flails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions* cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Scab-recipient under the program with respect to which the failure or refund occurred until satisfactory 22 560 assurance of future compliance has been received from such Sub-Recipientry and refer the case to the Department of Justice for appropriate legal proceedings, (27)OPELAND ANTkKICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i, Contractor. The contractor shall comply with 18 U'.S.C. § 874, 40 U &C. § 3145, and the requirements of 29 CYR pt. 3 as may be applicable, which are incorporated by reference into this contract, fl, Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall Ibe responsible for the compliance by any subcontractor or lower tier subcontractor wlth all of these contract clauses, 61, 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 HOUR 5 AI ND—SAFETY STANDARD$ If the Sub-Recipienit, with the funds authorized by this Agreement, enters into a contract that exceeds$10 ,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.0 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C:.. 3702 of the Act, each contractor must be required: to compute the wages of every mechanic and laborer on the basis of a standard work week of 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 anda half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 Ll.&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 THg FgDERAL WATER PQLLUTlQN CONTROL ACT lif the Sub-Reciplient, 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,&C. 7401-7671q) end the Federal Water Pollution Control Act as amended (33 U.S.0 1251-1387), and will report violations, to FEMA and the Regional Oiffice of the Environmental Protection Agency(EPA), 23 561 (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* L 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. § 180.9,95), 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. § 1;80.935y ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F,R, pt. 3000, subpart G and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. It it is later determined that the contractor did not comply with 2 C.F.R. pt, 180, subpart C and 2 C.F.R. pt, 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited:to suspension and/or debarment,. iv. The bidder,or proposer agrees to comply with:the requirements of 2 C.F.R. pt. 180, subpart C and 2 CY.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring:such compliance in its lower tier covered transactions. (31),BYRD ANTI-LOBBYING AMENDMENT I 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-Lo:bbying,Amendment, 31 USL. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and:has not used Federal appropriated funds to,pay any person or organization:for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with: obtaining any Federal contract, grant,or any other award covered: by 31 U&C, § 1352. Each,tier shalt also disclose any lobbying with non,- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient, (32)CONTRACTIN�Q WITH.SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS a If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 CY.R. §200.321, the Sub-Recipient shall take the following 24 562 affirmative steps to assure,that minority businesses, omen's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists' iL Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; ii,i. Dividing,total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the reguirement permits, which encourage participation by small'and minority businesses, and women's business enterprises' V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi:l. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph, b. The requirement outlined in subparagraph a. above, sometimes referred to as Osocioeconom ic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above, c. The"socioeconomic contracting"requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking:additional steps to involve small and minority businesses and women's business enterprises. d, The requirement to divide total requirements,when economically feasible, into, smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project downi, 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*). (33I)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 563 IN W''ITNIE SWHEREOF,the parties hereto have executed this Agreement. SUB-RECIPIENT: Monir C'oun�y—.—_ IN MAD OK, CLERK v, I � ' ° Name and Tithe. H th r rruth Ts �r - `� , ' - prrty irk .._ . Date!: —A - t E co � OVER THY pEDS ;MEIRI ADO STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: . Miles E. Anderson,for Name andl Title: Jared Moskowitz, Director gate: 26 564 EXHIBIT—I THE FOLLOWING; FEDERAL RESOURCES ARE AWARDED TO THE SUB-REClPIENT UNDER THIS AGREEMENT: Federal IPrograim Federal agency: Federal Empgr0noy UlgangggmigUt Agenc c Pre-Disaster Mitigation Grant 3_ Catalog of Federal Domestic Assistance title and number; 97.047 Award amount- 175,930.00 THE FOLLOWING COMkIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: 0 2 CFI Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 4 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,1 as amended, 42 U,S.C, 5121 et seq., and Related Authorities 0 Sections 1361(A) of the National Flood insurance Act of 1968, 42 U.S'C 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bu:nning-Bereuter- Blurnenauer Flood Insurance Reform Act of 2004, Public Law 108-264 0 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: 1 Sub-Recipl�ent is to use funding to perform the following eligible activities: I* Generators for,Critical Facilities 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 27 565 Attachment A Budget and Scope of Work STATEMENT O,F PURPOSE: The purpose of this Scope of Work(SOW)is to upgrade a generator from 125k1r to 150:kW, which:will provide full,backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida Division of Emergency Management(Division)and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division,and FEMA. The Sub Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and Codes, _PROJECTOVERVIEW. As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125,kW generator and! install a new 1 5OkW diesel-tired generator in its place with all its associated connection and operational infrastructure at the Guidance Care Center, located in Marathon, FL 33050(24,711583,1 - 81,0871164). The generator shall be protected against a 500-year flood event by implementing: specific activities or by locating the generator outside the Special Flood Hazard Area (SFHA)and shall be protected against wind with a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal,.. State and Local Rules and Regulations, TASKS&D,ELIVERABLES. A. Tasks 1); The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute a contract with the selected bidders to complete the scope of work as approved by the Division and IFEMA. The Sub-Recipient shall select the qualified, licensed Florida contractors in accordance with the Sub-Recipient's procurement policy, as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Su; -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall)ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected:contractor shall have a current and valid occupational'license/business tax receipt issued, for the type of services being performed, 23 566 The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type„ contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension„ Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to,the Division by the Sub- Recipient, The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform, services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor, 2) The Sub-Recipient shall monitor and manage the removal of the old generator, as vwell as procure and install one new 150kW generator at 3000 41st St Ocean, Marathon, 330501, with all the equipment. required to connect and operate it. The generator will be protected from hurricane wind damage by an enclosure and will be installed with a fuel tank, automatic transfer switch, and all necessary electrical and exhaust attachments. This work shall be performed in accordance with the POM application and associated docurnentation as presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable State, Local. and Federal Laws and Regulations are followed and documented, as appropriate. The Sub-Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein„ the allocation of funds indicated herein, and all applicable terms and' conditions. The Sub-Recipient shall not deviate from the approved project terms and conditions, 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 Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement, b) Local Bulil!dingi Official Inspection Deport and Final Approval. c) Signed and,sealed copy of the As-built plants. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e) Certified Letter of Completion 1. Affirming that the project has been completed in conformance with the approved project drawings, specifications, and scope:. 2. Certify Compliance with all applicable codes. f) All product Specifications 1 Data Sheet(s) (technical standards) satisfying protection,requirements on all products utilized. g) Copies of any permits that were required prior initiating work. If no permits were required provide a letter from the local floodplain administrator stating that the project did not require any permits, h) Letter,verifying that construction vehicles and equipment used: for this project were maintained in good working order to minimize pollutant emissions. The letter shall also include that the contractor implemented measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer- related waste during, project work. i) Verification letter or documentation showing the generator is protected'to the 0,,0-year(g. % annual chance) flood elevation, 29 567 Letter verifying that unusable equipment, debris, and material were disposed of in an approved manner and location, if any significant items (or evidence thereof)were discovered during implementation of the project, and that the Sub-Recipient handled, managed,, and disposed of petroleum products, hazardous materials, and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. k) Proof of compliance with Project Requirements and Conditions contained herein, 3) During the course of this Agreement the Sub-Recipient shall submit requests for reimbursement, Adequate and complete souirce documentation shall be submitted to support all costs (federal share and local shiare) related to the project. In some cases. all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this, scope of work,; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an affidavit signed by the Sub-Recipient's project personnel with each, reimbursement request, attesting to the completion of the work, disbursements or payments were made in accordance with all agreement,and regulatory conditions, and that reimbursement is due and has not been previously requested, The Sub-Recipient shall maintain accurate time records, The Sub-Recipient shall ensure invoices,are accurate and any contracted services were rendered within the terms and timelines,of this agreement. Alll supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation,which may include,but not be limited to, cancelled checks; bank :statements; Electronic Funds Transfer, paid bills and invoices; payrolls; time and attendance records„ contract and subcontract award documents, Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices,, aindtor charges. S,uib-Recipient shall ensure that all contractor/subcointractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses-, The Sub-Recipient shall pre-audit source documentation such, as payroll records, project time sheets, attendance togs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information,to calculate the hourly rates based on payroll records,. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verity that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures, are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans, The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; and 30 568 c) Clear identification of amount of costs being requested for reimbursement as welll as costs being applied against the local match amount. The Sub-Recipient's final: request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors:have been paid. B. Deliverables As a Pre-Disaster Mitigation (PDM) project, the Sula-Recipient shall:remove the existing 125kW generator and install a new 15011 diesel-fired generator in its place with all its associated connection and operational infrastructure at the Guidance Care Center, located in Marathon, FL 330510 (24.711583,1 -81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator 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 CONDITIoNa-aNg REoUIREMENTS: A. Engineering 1), The Sub-recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final approval; as applicable, 3), The Sub-Recipient shall submit a final copy of the completed project's As-built drawings and all necessary supporting documentation, and provide a summary of all contract scope of work changes, if any, 4) The Sub-Recipi:ent shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. 5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record', The Sub-, recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes 6) The Sub-Recipient shall submit all Product Specifications / Data: Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 7) Alit installations shall be done in; strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall:: be certified to exceed the wind and impact standards of the current local codes,. 8) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. 9) The Sub-recipient shall:follow all applicable State, Local and Federal Laws Regulations and�: requirements, and obtain (before starting project work)and comply with all required permits and approvals:. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. 10) The local municipal or county building department shall inspect the installation according to the manufacturer's specification,: ensure that the above referenced standards have been met and documentation provided to the division for closeout, 31 569 11) The materials,and:work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building:to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural manmade disaster, B. Environmental: 1) The Sub-Recipient must follow ail applicable State, Local and Federal Laws Regulations, and requirements, and obtain (before starting project work) and comply with all required permits and approvals, Failure to obtain all appropriate Federal, State, and Local environmental permits and" clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical:exclusion (CATEX),then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including' other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, will require re-submission of the application to FEMA through the Division for Nati'o:nal! Environmental Policy Act (NEPA) re-evaluation before starting project work, 3) If any ground disturbance activities occur during construction, the Sub-Recipient will monitor ground disturbance during any ground disturbing activities during construction, and if any potential archeological!resources are discovered,will immediately cease construction in,that area and notify the Division and FEMA. 4): The Sub-Recipient must coordinate with the local floodplain administrator and obtain; required permits from the appropriate agencies prior to initiating work. All coordination pertaining to these activities and Sub-Recipient compliance with any conditions should be documented,and copies forwarded;to the state and FEMA for inclusion in,the permanent project files, 5) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, the Sub-Recipient shall handle, mianage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Verification,of compliance is required at project closeout. 6) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor shall implement measures to prevent spillage or runoff of chemicals, fuels,, oils, or sewer-related waste during project work, C. Proqrammatic* 1) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 2) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of the budget implications. 3) The Sub-Recipient must"obtain prior written approval for any budget revision which would result in a, need for additional:funds" [44 CFR 13(c)), from the Division and FEMA, 4) 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 Foy MA for closeout, 5) Any extension;of the Period of Performance must be submitted to FEMA,60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension must be in writing and submitted along with substantiation of new expiration date,and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) The Sub-Recipient must avoid duplication of benefits between the PDM; and any other form of assistance,, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206,191. 32 570 FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances, 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program', 4) Withhold further awards for the program: or 5) Take other remedies that may be legally available. $_CHLEQWLE OF LNOW State contract execution process: 3 Months Procurement of Generator, Materials, and Labor for 3 Months Install: Selection of Contractor- Notice to 3 Months Proceed: Final Desigins/Order Generator 3 Months and Materials,: Receive Generator, Remove Existing Unit, Install 4 Months New Generatoir� Generator Start-Up and Testing: 2 Months Final State/Local Inspections, Permits, and 6 Months Reimbursement Request: Final Inspection/CloseouL 6 Months Total Period of Performance: 33 Month,s BUDGE7: Funding, Summary Federal Share: $75,930,00 (75%) Local Share: $25,310,00 Total Project most: $ 101,240,00 (100%) 33 571 Line Item Budget' Project Cost Federal Share Local Share Materials and Equipment: $35,000,00 $26,250.00 $8,7501.00 Labor and Installation: $16,000.00 $12,000.00 $4,000 00 Permitting:and Fees: $2,500,00 $1,875kl) $625.00 Site Preparation: $4,500,00 $3,375.0,0 $11,125,00; Architectural: $11,OK 00 $8,2510.0!01 $2,750.00 Structural: $4,900.00 $3,675,0!0! $1,225.00: Project Management: $19,240,00 $14,43000: $4,810.00 Construction Trade Expenses: $8,100.00 $6,075.00: $2,025.00 Total: $ 101,240.00 $ 75,930.00 $ 25,310.00 *Any line item amount in this Budget r??ay be increased or decreased 10%or less with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. This is FEMA project number PDM::C-PJ-04-FL-2018-014, The Period of Performance (POP)for this project shall end on April 1,202Z, 34 572 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMiGP,) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, (2) 44 CFR Parts 7, 9, 10, 13, 14, IT 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program" (4) Hazard Mitigation, Assistance Guidance- February 27, 2015 Update-, and (5) All applicable laws and regulations delineated in Attachment C of thiis Agreement. In addition to the above statutes and regulations, the Sub-recipient must comply with the following: The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A(B,uidget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not deviate frorn the approved project and the terms and conditions of this Agreement, The Sub-irecipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the projecL Any development permit issued by, or development activity undertaken by, the Sub-reciplent and any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part It, Florida Statutes, Funds shall be expended for, and development activities,and! land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations, The:Sub-recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida,Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required, The Sub-recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards, The Sub-recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or,relocation project, then the Sub-recipient shall ensure that, as a condition of funding under thiis,Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall Tun with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project, (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices,; 36 573 (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroomu or (3) A structure that the Director of the Federal Emergency Management Agency approves in: writing before the commencement of the construction of the structure,; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source4 and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner,fee simple title to the Property described herein shall be conveyed to,the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigins, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property, HMGP Contract Manager will evaluate requests for cost overruns and submit to: the regional birector written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 20,6.438(b). The Nlaitional Environmental Policy Act(NEPA)stipulates that additions or amendments to a HMGP Sub-Recipient Scope of Work (SOW)shall be reviewed by all State and Federal,agencies participating in, the NEPA process. As a remainder, the S'ub-recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments-, (1) For Construction projects, the grantee must"obtain prior written approval for any budget revision which result in a need for additional funds"(44 CFR 13(c)); (2) A change in,the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub-recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs,or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty days prior to the project expiration date, The Sub-recipient assures that It will comply with the following statutes and regulations to the extent applicable; (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31,2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 7168.28, Florida Statutes (7) Chapter 119!, Florida Statutes (8) Section 216,181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes, (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes 36 574 (14) 2 CFR, Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform,Relocation Assistance and Real Property Acquisitions Act of 19'70 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Definquency Prevention Act, or the Victims,of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act(as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Tifle 11 of the Americans with Disabilities Act(ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 515�4a 37 575 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management(DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub-recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed In connection with the program assisted under this Agreement, The Sub-recipient shall incorporate, in all contracts or subcontracts a provision, prohibiting any interest pursuant to the purpose stated above; (d) All Sub-recipient contracts for which the State Legislature is in any part a funding source:, shall contain language to prolviide for termination with reasonable costs to be paid by the Sub-recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub-recipient, Any cost incurred after a notice of suspension or termination is received by the Sub-recipient may not be funded with funds provided under this Agreement unless,previously approved in writing by the Division. All Sub-recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S. . 327 et seq., requiring that mechanics and laborers (iRcluiding watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-hailf times their basic wage rates,for all hours worked in excess of forty hours in a work week„ and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq,, requiring that covered, employees be paid at least minimum prescribed wage, and also that they be:paid oine and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week, (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P1. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national crigin, be exciuded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Snub- recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the,aid of Federal financial assistance extended to the Sub- recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 38 576 used for a purpose for wh!ich the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits,; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination! Act of 1975, as amended (42 US.C, 6101-6107)which prohibits discrimination, on;the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section:504 of the-Rehabilitation Act of 1973; (3) Executive Order 1:,1i 246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto,which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, dernotion, or transfer', recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship', It will establish safeguards to prohibit employees from using positions for a purpose that is,or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those writhe whom they have family, business, or other ties pursuant to Section 112,311:3, and Section 112.3135, Florida Statutes: i (h:) It will comply with the Anti-Kickback Act of 1986, 41 U,S.C. Section 51 which outlaws and prescribes penalties for"kickbacks"of wages in federally financed or assisted construction activities;, (i) It will comply with the provisions of 18 U.S.C. 594, 598,600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the purchase of flood', insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisitioni, purposes for use in any area having special flood hazards, The phrase"Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas(SFHA), the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property In a Special Flood Hazard Area with: FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requ�irements,were satisfied on each of the properties. The Model Acknowledgement can be found at vvww.fema-gov/govemme:ntaigrant/,,;fha—con!ditions.sh:tm (k) it will require every building or facility(other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub- recipient will be responsible for conducting inspections to ensure compliance with these specifications by,the contractor; (I) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969„ comply with Section 106 of the National Historic Preservation Act of 1966 (US.C, 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966(16 U.S.C. 469a-1, et seq.) by: (1) Consulting with:the State Historic Preservation Office to identify properties listed in or eligibie for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8)by the proposed activity; and 33 577 (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties,. (3) Abiding by the terms and conditions of the"Programmatic Agreement Among!the Federal Emergency Management Agency,the Florida State Historic Preservation Office,the Florida Division of Emergency Management and the Advisory Council on Historic Preservation,(PA)"which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 11,6 U.S.C. 470(f), and implementing regulations in 36 CFR, Pad 800. (4) Wh�en any of the Sub-recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800(2)(e), the Federal Emergency Management Agency(FEMA) may require the Sub-recipient to review the:eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992(Standards),the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Su,b-recipient agrees to,participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded; under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance-, removal of trees, excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical', gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities, FEMA will request the SH,PO's opinion on the potential that archeological properties may be present and:, be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will mare recommendations for the development of a treatment plan for the recovery or archeological:data from the property, If the Sub-recipient is unable to avoid the archeological property, develop;, in consultation with SHP0, a treatment plan consistent with the Guidelines and take into account the Advisory Council:on Historic Preservation (Council)publication"Treatment of Archeological Properties'. The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review,. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEM:A may direct the Sub-recipient to implement the treatment plan. If either the Council:or the SHPO object, Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a)of any changes in the approved scope of work for a National Register eligible or listed:property; (bi)of all changes to a project that may result in a supplemental DSR or modify a HMGP1 project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner, The Sula-recipient acknowledges that FEMA may require the Sub- recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub- recipient further acknowledges that FEMA may require the Sub-recipient to take all 40 578 reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO, The Sub-recipient also acknowledges,that PE A,will require, and the Sub-recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property, (7) The Sub-recipient acknowledges that. unless FERIA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. It will comply with Title IX of the Education Amendments of 1972, as,amended (20 U.S.C, 1681- 1683,and 1685-1686) which prohibits discrimination on the basis of sex; It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 19,701, (42 U.S,C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism� (0) It will comply with 623 and 527 of the Public Health Service Act of 1912 (42 U.S.C, 290 dd-3 and 290 ee!-3), as amended, relating to confidentiality of alcohol and drug abuse patient recorid% (p) It will comply with Leaid-based Paint Poison Prevention Act(42 U.S.C, 4821 el seq.)which prohibits the use of lead based paint in,construction of rehabilitation or residential structures: (q) It will comply with the Energy Policy and Conservation Act(1?1 94-163,42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, ands treatment of warm blooded animals held for research, teaching, or other ,activities supported by an award of assistance under this Agreement', (s) It will comply with Title"dill of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U,&C, 36'01- 36)19), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (131. 88-352),which prohibits discrimination on the basis of race, color or national orj!giin; M It will comply with the Clean Air Act of 1955, as amended, 42 U:.S.C. 7401-7642� (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U,S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; M It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 19,66, as amended, 16 V,S,C, 270, (Y) It will comply with environmental standards which may be prescribed pursuant to the National, Environmental Policy Act of 19691, 42 U.S.C. 4321-4347; (Z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 19661, 16 U.S,C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- dischmination; 41 579 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe, 'Drinking Water Act of 1974, 42 U.&C, 300000j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles,If and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.&C, 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as,a result of Federal or Federally assisted programs; (dd) It willl comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system: (e,e) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities)i; EO 11988 (Flolodplain Management): EO 11990 (Wetlands); and E0 12898 (Environmental Justice); A It will comply with the Coastal Barrier Resources Act of 1977, 16 U,S,C. 3510; (gg) It will assure projectconsistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C® 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub. recipient and its demolition contractor have sufficient manpower and equipment to comply with the obiligations,as,outlined in this Agreement (2) Return the property to its natural state as though no improvements, had ever been contained thereoln. (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings,located in the Sub-recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department, (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b!. Health Hazards Present c. Hazardous Materials Present (5) Provide Supervision over contractors or employees employed by the Sub-recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leiave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work, (8) Obtain all required permits, (9) Provide addresses,and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located an each site. Provide documentation of:closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 42 580 Comply with all applicable tandards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act(42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 US C, 1368), Executive Order 11738, and the US, Environmental Protection Agency regulations (40,CFR, Part 15 and 61). This clause shall be added to any subcontracts,. (12) Provide documentation of public notices for demolition activities, 43 581 Attachnient D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MI ITIGATIO NASSI STANCE PROGRAM FUNDS SUS-RECIPIENT: Monroe_Coua1ttjQ . REWT ADDRESS: 490 63rd St, Ocean, Suite 150 CITY: Marathon STATE: Rodda ZIP CODE- 33050 PROJECT TYPE: PROJECTM PDMC20118-014 PROGRAM: CONTRACT#: B0062 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED,RECEIVED: NIA AMOLINT- SETTLED? Invoice Periodl: To Payment M Eligible Amount Obligated Federal Obligated Non- Division Use Only 100% Amount Federal (Current Request) —% Approved Comments TOTAL CURRENT REQUEST! $ By signing this repoft, I certify to,the best of my knDWIedge and belief that the report is true, complete, and accurate, and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious,or fraudulent informaVon, or the omission of any material lact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise.(U.S,Code Title 18, S'ection:1001 and Title 31,Sections 3729-3730 and 3801-3812. SUB-IRECIPIENT SI,GNATURE� NAME/TITLE* DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOT AL $ ADMINISTRATIVE COST $ -(5-67VFJRR5j 7s—'Zfif 6RIZED REPRESENTATIVE APPROVED,FOR PAYMENT $ DATE 44 582 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD WIGATION ASSISTANCE PROGRAM SIJB-I ECIIPIENT. Monroe C un ECCC PAYMENT a : PROJECT TYPE; PROJECT : PDMC 1 -01 PROGRAM: COOT CT „ I I)1 5 REF NO2 DAT 3 DOCUMENTATION a____.__________________________n_, -t e k) ELIGIBLE AMOUNT COSTS "I o% 4 5 5 .......................... ......__ _. L!!S—Payment represents 11// completion of the project, TOTAL Recipients intern al reteremace number(e.g, tovoice, receipt, Warrant, Voucher, C(airra Check or,Schodule, 11) ..�� Date of Ca"ehvf;t ry Of completion o(w9 otk or peFfoMrTlallce selvices, (pt,l"(k.) umenl) List Crrc^arracleol ta�ora Payroll, rraatwria l out of r'eciplerrt s stock, recipient owned eclrrllamew and raelrre of vendor or coolracttar) bly cal''e goiy(t"w•tated al& Labor, Fees) and lhre iterra in tho approved project Brae ilem laodgel, List servicfr d1 ites larr,eacla iiav ire, 45 583 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENIT:MonL2g County BOCC If you are requesting an advance,Indicate same by checking the box below. ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis, These funds are needed to pay staff, award benefits to clients, duplicate forms find purchase start-up supplies and equipment. We would not be able to operate the program without this advaince. If you are requesting an advaince,complete the following chart and line Item,Justification below. PLEASE NOTE: Calculate your estimated expenses at 100%of your expected needs for 90 days. Submit Attachment 0 with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORYILINE ITEMS 20 -20 Anticipated Expenditures for First Three (list applicable line Items) Months of Contract For examole AN COSTS (include Secondary Administration.) F 2r exampie 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 Ibe expanded within the first ninety(901)days of the contract term, Support documentation should Include quotes for purchases,delivery timelines, salary and expense projections, etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90)days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100%of expenditures for the 90 day period shall be returned to the Division Cashier', 2555 Shumard Oak Boulevard,Tallahassee, Florida 32399,within thirty(30) days of receipt, along with any Interest earned on the advance, '46 584 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM: QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within 15 days of each nitadpw s end date. SUET-RECIPIENT: Monroe County BOCC PROJECT PDMC-PJ-04-FL-2:01 8-0:14 PROJECT TYPE: CONTRACT#: B0062 PROGRAM: QUARTER ENDING. Advance Payment Information: Advance Received Cj N'/A C1 Amount S Advance Settled?Yes 0 No El Provide reimbursement Projections for 1his project(projections may change): Jul-Sep 20_ $ Oct-Doc 20 $ Jan-Mar 20 $ Apr-Jun 20_ S Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Dale: Project Proceeding on Schedule? ElYes DNo (If No,please describe under Issues below) Percentage of Work Completed(may be confirmed by state inspectors): % Describe Milestones achieved;during this quarter provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates), Milestone Date ............................... ..................... .................. Describe Issues or circumstances affecting completion date,milestones,scope of work,and/or cost: Cost Status: 0 Cost Unchanged Under Budget n Over Budget Additional CommentslElaboratiom NOTE.- Division of Emergency Management(BEM)staff may perfonn interim inspections anTlor audits at any time. Events may occur between quarterly reports, which have significant impact upon yourproject(s), such as anticipated overruns, changes in scope of work, etc. Please contact The Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub grant award, Person Completing Form: Phone: — To be corn leted by Division staff- Date Reviewed., Reviewer., Actions,, 47 585 Attachment G Warranties and Representations Financial Managemen The,rube-recipient's financial management system most comply with 2 C.F.R. §200.30Z Erocurements, Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §2001, Part D—Post Federal Award Requirements—Procurement Standards (2 C,F,R, §§2001,317 through 200.3261), Business HqUrg The Sub-Recipient shall have its offices open for business, with the entrance door open,to the, public, and at least one employee on site, from: 8:20 AM 1-6:00 PIM,Mond�ay Thru Friday, as gpgLcable. Licensin-gand Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses,and permits required for all of the particular work for which they are hired by the Sub-Recipient, 48 586 Attachment H 3snta trrneer tti uape sI K Inellil I Iity lrril"enlurt�t ke"litnsii Subconrntraetor,Covered Transactions (t) The prospective subcontractor, of the Sub-Recipient certifies, by submission of this document,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from perti ipetien in this transaction by any Federal department or agency. ( ) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shah attach an explanation to this form. SUBCONTRACTOR By-, a _ Monroe Couin_ B� Signature Sub-Recipient"s'Narne 801062 Fume and Title I FM Contract Number RmMC.pJ_04- L- g,t8-p14 Street Address, FEMA Project Number City, State,Zip Date 587 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding,Accountability and Transparency Act(FFATA)was signed on September 26, 2006,The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision.The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the publliic via a single, searchable website, which is http://wm�,ius,aspending.gov/. The FFATA Sub-award Reporting System (FSRS) is the reporting toot the Florida Division of Emergency Management ("FIDEM"or"Division") must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 20091, Pub. L. 111-5),, Note: This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-aw,ardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager, ORGANIZATION AND PRE JECT INFORMATION The following information must be provided to the FDEM prior to:the FDEM's issuance of a sub,- award (Agreement)that obligates$25,00113 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT#: PIDMC-PJ-04-FIL-2018-014 .............................................................FUNDING, AGENCY: Federal Emergency Maaageegji gtAq,#aqy.............. AWARD AMOIJNT� $75,9X00 OBLIGATION/ACTION DATE: 8/26/2019 ---------................. SUBAWARD DATE (if applicable): --DU #. 073876757 DUNS#+4: ................................................ 50 588 11 your company or organization does not have h DU N$number,you will need to obtain one from Noun E Bradstreet at -705.5711 or use the web form(hup 4f dgav dnb comiwebrcrm).The proms to request a DUN number takes about ten minutes and Is free of charge, BUSINESS NAME:, MQIbNR C UNTY S C'C DSA NAME(IF'AP'PLIuCAELE): PRINCIPAL PLACE OF BUSINESS A0 RE ADDRESS LAVE 1; 1100 SIIMrIONTONwI.ST , ADDRESS LINE 2: ADDRESS LIN'S n CRY K STATE FL ZIPS CODE+404 33040 WO PARENT COMPANY DU N$#(it: applicable): 073076767 CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFCA#): DESCRIPTION OF PROJECT(Up to 4000 Characters) The purpose of this Scope Of Work(S W—)is to upgrade e generator Fom 1.25ktCui'to, 150kual" ,whilth vAll provIkle full backup power to the Marathon Guidance Cafe Center In Monroe County,Florida.This °ect Is funded through the Pre-Disaster MrOglatlan Greant Pr (POM),as administered by the Florida Division of Emergency Management(Divislacn)and the Federal Emergency Management Agdnuc (FE . The S"ru -Recupi nt,Monroe County, agrees to manap and complete the project per this soupe of work as su bml by the Sub-Rec uNent and suboquengy approved by the Division and FE . The Sub- Rediplent shelil complete the work in accordance*0 all aepplic ble Federal,1, State and Local Lam. Regulations, and Codes. Verify the awoved'project description above,#r there is any discrepancy,please contact the ct manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PLACE Of BUSINESS): ADDRESS LINE 1: ADDRESS LINE :. ADDRESS LINE 1 CITY STATE ZIP CUTE+4''" CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORM6MCL C 26 "Providing the Zip+4 ensures that the correct Congressional District Is reported. gJF-CP11V§ CO P 5'I 589 1. In your business or organizalloWs previous fiscal year.did your business or organization(Including parent organization,,all branches,and all affiliates,worldwide)receive(a)80 percent or more of your annuali gross revenues from,Federal procurement contracts(and subcontracts)andi Federal financial assistance(e.g. loans,grants,subgrants,an cooperative agmementsstr.)subjed to the Transparency Act, as defined at 2 CFR 170-320;.(b)$26.M.0010 or more in annual gross revenues from U.S, Federal procurement contracts(and subcontracts)and Federal financial assistance(e.g.Joarls, grants,subgrants,and/or cooperative agreements,ft)subject to the Transparency Act? Yes,Di No 0 ff the answer to,Quesffon I is"Yes,"continue to Quesdan Z N Vie attswor to Question I Is"'No", move to the&VneWre blocky he to comp submhW pmom. 2. iDoes the public have access to Information about the compensation of the axecutim1n your business or organization,(including parent oriianization,all branches,arW all affiliates Worldwids) through periodic reports filed under section 13(s)or 15(d),of the Securities Exchange Act of 1934(15 U.&C, 78m(a), 78o(d))Section 6104 of the Internal Revenue Code of 19067 Yes E) No[:J it the answer to Qumtlon 2 Is"Yes," move to ttw fillinatum block below to complete the col"ficatica and oubmiltU,l process.[Nioto:Sacurftles Exchange Commisolon Informsition should be ace"alble at htlohAwm.see.govianowerWexota,m,p.htim.Requests for InItemal Revenue Service(IRS)Information, i!hauld be directed to the local!IRS W fuMw assistance.) 9 the answer to Quadton 2 is"N*"FFATA reporting In r"uhred.Provkf*the 10ormation requiredi In, the"ThTAL,comPENsAnoN cHART FoR mow mceNTLY wmiaLem RwAL YEAW appearing below to mport the'Total Compormlion"four ft five(6)most highly compensated"Executives",In rank order,hil your orpnization, For purposes of this request the fbiWing terms,apply as defined In 2 CFR CK 1 part 170 Appendix A- IngkityC Is defined as"officers,managing partners,or other employees in management posillons". "Dial QM22DWft-rL*is defined as the cash and noncash dollar value earned by the executive dud rug the most recently completed fiscal year and Includes ft folkywing: L Salary and bonus. IL Awards of stock, stock options, and stock appreciation Nhts.Use the dollar amount recognized for financial statement reporting purposes with respact to the fiscal year In accordance Wth the Statement of Finan li unting Standards No. 123(Revised 2004)(FAS 123R), Shared Based, Payments, 11L Earnings for services,under non-equity Incentive plans. This does not include group Oft,health, hospitalization or medical reimbursement plans that do,not discriminate In favor of executives, and are available generally to all salaried employees. Iv. Change In pension value, This Is the change in present value of defined benefit and actuarial pension plans, v, Above-mark6t:earnings on deferred compensation which is not tax-clualified. A Other compensation,if the aggregate value of all such other compensation(e.g!.swerance, termination payments,value of life insurance paid on behalf of the employee,perquisites or property)for the executive exceeds$10.000, 52 590 TOTAL.COMPENSATION CHART FOR MOST RECEWLY COMPLETED FISCAL YEAR (Date of Focal Year CompleVon wraN ToUll Comp sn"on (Highest to Nam* for most Re"aw TtUa N Yeaf 2 w THE UNDERSIGNED CERTIFIES THAT CAN THE DATE WRITTEN BELOW,THE INFORMATION PROVIDED HEREIN NS ACCURATE, SIGNATURE; �-o),�( T�( NAME AND TITLE: TINA N3+R' A1wN,SENIOR 04RECTOR BUDGET AND FINANCE DATE, 591 Atta0ment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix 11 to 2 C.F,R. Part 200. It is the responsibility of the sub-recipient to include the required provisions, 54 592 The Division provides the foHowing list of sample provisions that may be requlred� OMB GOdance Pt. 200,App�, 11 (D)Davls-Flawri.Act,as amended(4D U.S,C. rnatartals or articles ordinarily avallable on 31414149).When required by Federal prograin the open market, or oun,tracts for U anspor- legislation, all prinio construction ocritiscts tation or trunmnimlon of inudliganoo, In nxcass of 42JO awardod by non•Padaral (P) Rights to Inventions Made, 1'7nder as entitles must include a provision for compll- Contraot or Agroolnent. If the Federal award race with the Davis-Bacon Act (49 U,S.C. moots'the definition of"funding agrVement" 31414144, and 2146-2149) as tinder der Tz GFR f 401,2(a)And the rociplont or Department of Labor regulations (129 CYR subroLiplant,wi3bw to enter into a contract Fart 5, "lAbor Standards Provisions Apphl with a small businmu, firm or nonprofit or a,. c,%blo In Contracts Covering, Fademily Pi- nizatton regarding tbo m3lmOitution of par- nanood and Assisted Construction"), In ac- ties, assigurnont or p W� ormanoe of exparl. cordance w1u] the statute, contzuctors must mental. developmental, or research work be rNuIred to pay wages to laborers and me- under that"'Trading agiwamont," the rocipiW chanics at a rate not few than the prevailing ont or-mbrool plant,must cAxnply with the rG-- wages speolflod in a wagon dntextainatrou quiromenta of 37 CPR Part 401,"Filghts to In• made,by the Socrotary of Labor,ru addition, vontions, Made by Nonprofit Organizations contivxtom must bo roquIrod to W wages and Small Business Ptrav; Under Oovorn- not, low, than once a week. Tbo non-Podaml anent Grants, Oontracts and Coopomt$vo entity must place a copy of the OurTent,Pro- Agroomonts," and any Implementing rogula- vail Ing, wsgo dotannination issued by t1w tx,�- tions,Issued by the awardimg agency, partment of Labor in axcb solicitation,'113a (G)Clean Air Act(42 7401-7671g.)and decision to award a contract or subcontract the Yodaral Water Pollution Control Act,(33 must;be oonditionod upon the axcioptawo of U,3.0. 1251.130),as amanded—Contracts and tho wagyo doterinination,1IU non-Federal oa- subgrantos of amounts In Oxmis of SM0,0111101 Ut,y must report all suspooted at reported must contain a provision that nxImms tho violations W the Podaral swarding agency, non-Pod aml award to sirm to comply with Tho contt-Acts must also include a provision all apolivablo standuds. orders or rogula- for oampliance with the Copeland "Anti. tions issued pumixant to the Clean Air Act Kicktiuk" Act (40 (J,S,C, 3146). as sapp)n- (42 U.&O. 1401­7671q) and the F(Weral Water mented by IN)partmant of Labor r4mlations Pollution Control Act as amended(33 U&C, (29 CPR Part 2, "Contractors and Sub,- 1261AWI),Vrolations must bo reported to the contractors on Public Suilding or Public Fedora] awarding agency and the Regional Work PtnancAd In Whole or In Part by Loans Office of the 2nvironniontal PrOtOotlan or Grants from the Unitad Stertw"),Tho Act Agency(EPA l. provldoa that each con for or sub- (11) Mandataory stiondards, and policies re- recipient must, be probibit4KI from inducing, lating to energy efficiency whlo)i are con- by any means, any porson ornployod in the tsinodl in trio stage energy conservation plan construction"completion,or repair or public tizued in compliance with the Energy Policy work, to give up Any part of the cornpowsa.. and Conservation Act(42 VS,Q GMI)„ Lion to which be or she Is otherwise,antltlod (,I) Debannont and Suspaiision (tliecativo Tho uon-F9deral entity most report all s=- Orders MrAll Amer L?M—A contract award pectod or reported violations to the Podaral (—2 a1R.)110.22D)most not be mule to Par. awarding agency, tits listed on rhqi gnvoriminutwido Excluded (P,) Contract Work Hours and safety Parties List System In the Systern for Award Standards Act (40 U,&C. Val-OtOR), Where Management(SAM), in acoordance TOO the applicable,all contranti awardad by Lho non- OM ruidolinas at 2 CPR IM,that Irnplonxmt FiDdoral entity in OxcAws of $100 that in- Executive orders 12FA9 (9, CPR Part I. valve the arnployment,of meebardes or labor- Cornp., p. 189) and 12FA (3 CPR Part IM ers rnust include a provision for compflanc* Cozrip_p„236),"Debannout,and SuspGrulon." with 40 U.S .3702 and XM, as supplemented The Excluded Parties List system in SAM by Department of Labor regulations(20 OPR contains the names of parties debarred, suis- Part 5). Under 40 U„S.C.37i12 of the Act,each pouded,or Dtherwise oxcludad by agencies,as contractor niust be required to compete the wall as Parties doc.lai-ex)inoll"blo under stat- wages of ovary machAnle and Laborer on the Mary or regulatory authority other than Pir. basis of a standard work, week of 40 hours, ocutivo Order 12649. Work In excess of the standard work week 13 (J) Byrd Anti-Lobbying Arnombnont (31 porml.w1blo provided that the worker is win- V S.C. 1 2y &crrtrartors that apply or bid penzatad at a mt4.i of not less than one and a, for=award of$100AOD or mara must file the half times the basic rate of pay for all hours required cart4ficatiou. RAch tier certifies W worked in excess of 40 hours in the work the tier above that it will not and has not week.The roquiremonts'of'40 UZ,C,M am used Federal %pproprIatod foods to ray any Applicable to connItruntion vrork and provide person or org*mration for Uinuencing or at- that no laborer or mochAnle must be ro- tompting to Influence an offloor or an,iployao quirod to work in -AitmuixIsturs or under of any agency,a toombor of CA)ugrvas,officer Working conditions which, aro unsanitary, or employee of Congress,,or an amployoo of a ha ardour or dangerous, Those mquiromentz mamber of Congnss in connection with ob- do not apply W the purchases of supplies or WnW any Padoraj contract, grant or xay 55 593 P1.200,App.111 2 CFlt Ck 11 (1-1-14 Ed#IoN other award covered by '31 tl.S,G. 1352, leach (i,) ;speraaxrmnt i.riaarch means all resesarch. tier must also iitscloso any lobbying with and development activities that are spun- nbo-F"+adaral funds that takes place in con- sored by Federal and non-Poderal ageinclos section with obtaimni any Foderal award. and orpianisatlnns,This to rm includ o activl Such disclosures are forwarded from bier to Was involving tha tralaing of individuals in tier up to t'lie non-Poderai awwiard,, research tachnialnes (conarnonly called ro- (1f) Son I lE,= Procvrament of recovered se,3ruh,txafarinp')wvhers such activitios rit,.iilaa materials... the same facilities as other rasoaarch and do. volopment at:tivttias and where such aa:t1vI- APPEN,Dax III To PART 2DO—INDULRCT ties are not included in the instruction furx°- (F&A) t"rii8'li3 IfEMIPiCA'iION AND tlon. Aissifim.mv,NT, ANn RAT llla"i ,Tit INA- (1') thituersfty rt?3earch rn&,Lns all axsseaaruh "1ION "tN)R li°WI"t"i"il°i`rDN8 OF HICIMR and develoinnrmnt activities Mat are w:pa- pll)tnfldw^6IoN(IllRS) rattily budged and accounted for by t2le in- stitution under an internal appluaation of in- A.flxrnirlaaaa, stitutional Amds, f.inavers&ity rosaaresl'i, for This appendix provides criteria for tdnntl- purposes, of this document, must, be czm- fying and ooinputing Indirect (or indirw% brned, with sponsored resoaaroh under the (F&A)) rates at 1111's(iustitutiaus). Indirecb function of organlxod ro. xcb. (F&.A) costs are those that are Incurred for c C.ttho7 sponsored artivitter to a arns progrkr us -�oanmon or )olnt objectives and therefore and pro)ecis financed by F"cs9oral and non. cannot be identified readily and specifically Federal agencies and organ I a'atious which in- urltb a part tculaar spormoorad project,,, at In- volve its performance of work other than in- struct3onal activity, or any other InstItu. sbruotson and organized rosaamb. Examp1m tiauaal activity. See, subsection 8.1, tiefial• of such programs and projects earn hexalth, Won of Facilities and Adiultilutaatlon, for a sarvica projects and community sorvico pro- discussion of the components of indirect grains,However,wwhasn aa"of those activities (F&.A:)LosO, axe undertaken by the institution wrttjout outside support, thaay inlay be claminad as I.,Afa*Puncdons og tm 1mvitntioon other inst.iltrattor l activities. ltofors to tnstyuc'tion, organized rtnseamb„ d Other institutional acovities ruo s all at,- othersponsored aeUvitios and other tnstitu- tivitios of an Institotlou excerpt for Imtrue-, tional activities as defnoi in tlhis socti= Lion, departmental ro eaarrh„ organized ro- ia, Instrrae Don means the taaa",hin and search,and otbor sponsored activities„as do - training activities of an tnaititutiean« jxcnpt finned in this section:indirect(lt"&A)coast aar,- fbr research training as provided In sub- tivttdras idontIN.K1 to this Appendix pars- section b„this town lntluclwws all toacMW and graph ll,ldantiflciation and aassigrixiont of in- tra.inissg aictiw°itios, whether they are offered direct W&Al coats; and specialised services for credits toward a dMTw or cortifie.Ate or faacilitiori described in 52C6,1 8 ilpeclahzed on as non-credit basui, and whether they are service facilities of Wais hart, offered through: rvgiular academic depart.- 1 annploo of other Institutional actMitios Monts or soparato divisions„such as a Burn- include operation of raasidencA halls„ dining imor school division or an extension division. halls, hospitals and climes, student unions, Alsol conaldored part of this major function Intercollegiate atWatics,bookstores faculty are departmontaal rosaareah, and, whom housing, studaaut a Wtnaonts„ guest houses, agreed to,university resr4arrb, chapels,theaters,public muscurns,and ether (1)6pon.ioredbLamlion and twainino means similar auxiliary ontaarprism,This definition slxiolna instructionnaal or training activity as- a o includes any other categorlos,of aativi- tabitshod by grant, contract, or CooperatIvo ties, costs of wwhlnh are "unallowable" to agreement. For purposes of the cost pria- Federal awards, unlAss otborwiso iadicaatod clples„ this aactivtty may be conatdered a In an a.'wvard. rrara}or Nucticrii anon though an rnstitutiaWs 7.Criteria gar Dtsdrtbutl n accounting treaLm ant inay include it in tba instruction function, A. Base penod, A. base period for distribu- (2) Dopasrtnu*n aal resmych rraaAwa eh„ tion of indirect (F&.A) costs is the period development and scholarly activities that durteit which the Lmsts are incurred. The are, not organized research and, con. base period normally should comckle with sacivantly, are not %op arately budgeted and the fiscal year established by the institution„ account d for. l paartmantal mseamh, for bait to a.asy event the base period should be so purNses of this d'ocumoat,is not considered selected as to avoid fnogriatlea in the di';s- &a a major fuzetion, but as a part of the in- tributlon of oost;s, st"rur,tiou function of the institution. b. NoM for colic arroupfnfis. The overall ota- b, Orponizaot rmourch means all research jective of the indrrec:t(MA) coast allocation anal dovol'opra°ant activitlaas of an institution preaoess is to distribute the indirect (F'&:A) that are.separately baad orad and amounted coons desrribexl in Section ll, Identification for,Itlnelndesa and assignment of indirect (MA), coasts, to 1 56 594 �- WESTFOU-01 SE72ASCOTT DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 2/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#L077730 CRNTACT Deidre Williams N ME: AssuredPartners,Lake Mary PHONE FAX 300 Colonial Center Parkway,Suite 270 (AIC,No,Ext): (A/C,No): Lake Mary,FL 32746 ADDRESS:deedee.williams@assuredpartners.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Allied World Surplus Lines Insurance Company 24319 INSURED INSURER B:Vantapro Special ty Insurance Company 44768 Guidance Care Center Inc. INSURERC:Berkshire Hathaway Homestate 20044 PO Box 94738 INSURER D Las Vegas,NV 89193-4738 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRMM/DDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 J CLAIMS-MADE X OCCUR 6088087802 7t1t2021 7/1/2022 DAMAGE TO RENTED 1,000,000 PREMISES Ea occurr„ence) $„ APPROVED BY RISK MANAGEMENT MED EXP 20,000 {Any.oneperson) 41 PERSONAL&ADV INJURY $BY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE - 4/5'2 '22 '""' GENERAL AGGREGATE $ 3,000,000 POLICY❑ PRO ❑ LOC _ PRODUCTS-COMP/OP AGG $ 3,000,000 JECT WAVER NIA OTHER: _YES_ $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 6091019302 7t1t2021 7/1/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accdent $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE 6090022302 7t1t2021 7/1/2022 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WEWC317351 3t1t2022 3/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? u N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liabili 5088087802 7t1t2021 7/1/2022 Aggregate 3,000,000 A Professional Liabili 6088087802 7t1t2021 7/1/2022 Occurrence 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is Additional Insured under the General Liability and Automobile Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board Of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reser-5 The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:WESTFOU-01 SE72ASCOTT Lac#: 1 ACC)RC7 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#L077730 NAMED INSURED ssu red Partners, Lake Ma Guidance Care Center Inc. Mary PO Box 94738 POLICY NUMBER Las Vegas,NV 89193-4738 SEE PAGE 1 CARRIER NAIL CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages/Policies: Coverage: Workers Compensation Insurance Carrier: Berkshire Hathaway Homestate Insurance Company Effective: 02/26/2022 to 03/01/2022 Policy#WEWC316778 Limits: $1,000,000 EL Each Accident $1,000,000 EL Disease Each Employee $1,000,000 EL Disease-Policy Limit Coverage: Cyber Liability INSURER AFFORDING COVERAGE: Houston Casualty Company POLICY NUMBER: H21NGP210771-01 EFF DATE: 09/21/2021 EXP DATE: 09/21/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Network Security Liability Per Claim: $5,000,000 Aggregate: $5,000,000 Coverage: Abuse& Molestation INSURER AFFORDING COVERAGE: Allied World Surplus Lines Insurance Company POLICY NUMBER: 5088-0878-02 EFF DATE: 07/01/2021 EXP DATE:07/01/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Abuse& Molestation Per Occurrence $1,000,000 Aggregate $3,000,000 ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 596 00 Kevin Madok, cpA Clerk of the Circuit Court&Comptroller—Monroe County, Florida NZ DATE: January 27, 2020 TO: Jeff Manning, Sr. Planner Emergency Management FROM: Parnela.G. Hanco*.C. SUBJECT: December 11, 2019 BOCC Meeting Attached is an electronic copy of the following item for your liandling- C12 Agreement witli Guidance/Care Center. Inc., upon final execution of a Prc-Disaster Mitigation Sub-award grant between Monroe County and Florida Division of Emergency Management. Should you have any questions, please feel free to contact me at ext. 3130. cc: County Attorney ]Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida iqmn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 597 AGREEMENT FOR ENHANCED HAZARD MITIGATION MONROE COUNTY GUIDANCE/CARE CENTER INC. THIS AGREEMENT is made and entered this IIth day of December, 2019 by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter "County"), whose address is 1100 Simonton Street, Key West, Florida, 33040, and GUIDANCE/CARE CENTER, INC., a Florida Not For Profit Corporation (hereafter "Care Center"), whose address is 3301 Overseas Highway, Marathon, Florida, 33050. WHEREAS, Care Center has applied to the Florida Department of Emergency Management(FDEM) for a FEMA Pre-Disaster Mitigation (PDM) Grant; and WHEREAS, FEMA awards PDM grant funds to State, U.S. Territory, and Federally recognized tribal Applicants, who in-turn provide sub-awards to local government sub-applicants; and WHEREAS, individual homeowners, businesses, and private non-profits may apply for funding through eligible local government sub-applicants; and WHEREAS,the County, as an eligible local government sub-applicant, has applied for a FDEM PDM grant on behalf of Care Center; and WHEREAS, County and Care Center desire to set forth each parties' duties, rights and obligations; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein,the parties agree as follows: 1. AGREEMENT PERIOD. This agreement is for the period of December 11, 2019 through April 1,2022. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 11 and 23 below. 2. AMOUNT OF AGREEMENT, PAYMENT AND PROCUREMENT PROCESS. Payment for expenditures, to the extent provided for in this Agreement, permissible by law and County policies shall be made through reimbursement to Care Center. The County shall provide an amount not to exceed $75,930.00 to Care Center.The County shall reimburse Care Center upon presentation of Application for Payment Summary, invoices, canceled checks, before and after 598 pictures, County Representative signature of inspection and other documentation necessary to support claim for reimbursement. Payment wi 11 be made after delivery and inspection by County and upon submission of invoice and documentation acceptable to the Clerk of Courts. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. It shall be necessary for the Care Center to contact the County Emergency Management Department (Jeff Manning— phone: (305) 289-6325, e-mail: Manning-Jeff@monroecounty-fl.gov and to arrange for inspection upon the completion of work for which Care Center seeks reimbursement. It shall be the responsibility of the project manager for Care Center to initiate the communication with the Monroe County Eutergency Management Department to facilitate the inspection of the work. The application for payment document must be certified through a statement signed by an officer of the Care Center organization and notarized,declaring that representations in the invoice are true and factual. All work for which grant funds are to be expended must be completed by the stated termination date of April 1, 2022 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30,2022 to be considered for payment. Procurement of all goods and services funded under this agreement shall comply with Article 18 of Exhibit A and Monroe County Purchasing Policies and Procedures. All initial costs associated with the procurement of the goods and services including, but not limited to, design, purchase and installation of the Enhanced Mitigation Equipment shall be paid by Care Center. Care Center shall be solely responsible for any and all costs for which reimbursement is denied by the Clerk of Courts. Care Center shall be solely responsible for any and all costs which exceed the sub-grant award amount of$75,930.00. Upon the completion of installation and successful final inspection, the generator and all associated equipment immediately becomes the property of Care Center, Thereafter, Care Center shall be solely responsible for all maintenance, repair and warranty work. 3. RECORDS AND REPORTS. Care Center shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the County, the State of Florida, the Florida Department of Emergency Management or authorized agents and representatives of said government bodies. ,Care Center shall also provide such access to the personal Property and equipment purchased under this agreement. It is the responsibility of Care Center to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. Care Center understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Florida Department of Emergency Management, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. If an audit determines that monies paid to Care Center pursuant to this agreement were spent for purposes not authorized by this agreement, Care Center shall repay the monies together with 599 interest calculated pursuant to Sec. 55.03,F.S. running from the date the monies were paid to Care Center. 4. PUBLIC ACCESS. The County and Care Center shall keep and maintain public records, as defined by Chapter 119, Florida Statutes that are required to perform the services required by the contract. Care Center upon request from the County's custodian of public records, provide the County with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law. County shall ensure that public records that are exempt or that are confidential and exempt from public record disclosure are not disclosed, except as authorized by law for the duration of the contract term and following completion of this Agreement if Care Center does not transfer the public records to the County. Upon completion of this Agreement,Care Center shall transfer to the County at no cost,all public records in possession of Care Center or; keep and maintain public records required by the County to perform the Agreement services in accordance with the public records retention schedule set forth by the Florida Department of State,Division of Library and Information Services.If Care Center transfers all public records to the County upon completion of the Agreement, Care Center will destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the County, upon request of the County's custodian of public records, in a forinal that is compatible with the information technology systems of the County. The County may unilaterally terminate this Agreement if Care Center refuses to allow access to all public records made or maintained by Care Center in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. 1 of the State Constitution and Chapter 119, Florida Statutes. 5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this agreement shall be only amended in writing, signed by the parties and approved by the Board of County Commissioners for Monroe County. The terms, covenants,conditions, and provisions of this agreement shall bind and inure to the benefit of the County and Care Center and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, Care Center is an independent contractor. No statement contained in this agreement shall be construed as to find Care Center or any of its officers, employees, contractors, servants or agents to be employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights,privileges or benefits of employees of Monroe County. 7. 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 600 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. 8. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, Care Center shall abide by all statutes,ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to Care Center. 9. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of See. 768.28, Florida Statutes, the participation of the County and Care Center 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. 10. 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. 11. TERMINATION FOR BREACH. The County may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Care Center shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide County with certification of use of matching funds or matching in-kind services at or above the rate of request for reimbursement or payment is a breach of agreement, for which the County may terminate this agreement upon giving written notification of termination. 12. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Care Center and the County. 601 13. 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. This agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this agreement,the County and Care Center agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 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 Care Center 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. The County and Care Center 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, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 14. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and Care Center agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this agreement or by Florida law. This agreement shall not be subject to arbitration. 15. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this agreement, County and Care Center agree to participate,to the extent reasonably required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this agreement or provision of the services under, this agreement. County and Care Center specifically agree that no party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. 602 16. ETHICS CLAUSE: Care Center warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer oremployee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. The County and Care Center 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, Care Center 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. 17. COVENANT OF NO INTEREST. County and Care Center 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. 18. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. 19. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public 'entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document Care Center warrants that it is in compliance with this paragraph. 603 20. AUTHORITY: Care Center warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for Care Center below certifies and warrants that Care Center name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for Care Center; and this agreement has been approved by the Board of Directors of Care Center or other appropriate authority. 21. INSURANCE: Care Center agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify Care Center and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against Care Center for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by Care Center of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, Care Center shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverages shall be provided: A. Workers' Compensation insurance as required by Florida Statutes. B. Commercial General Liability Insurance with minimum limits of $500,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. C. Comprehensive Auto Liability Insurance with minimum limits of$300,000 combined single limit per occurrence. Florida Department of Emergency Management and the County shall be named as additional insured,except workers' compensation. The policies shall provide no less than 30 days' notice of cancellation, non-renewal or reduction of coverage. Care Center shall provide to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance, OR • Certified copy of the actual insurance policy, OR • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management-Telephone Maria Slavik at(305)295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: S lavik-Maria@MonroeCounty-FL.Gov) 604 An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance policy must state that the Monroe County BOCC and Florida Department of Emergency Management is the Certificate Holder and additional Insured for this contract (certificate only for workers' compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West,FL 33041 22. HOLD HARMLESS/INDEMNIFICATION. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Care Center shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Care Center or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Care Center or any of its employees, agents, sub-contractors or other invitees, or (C) Care Center default in respect of any of the obligations that it undertakes Linder the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Care Center). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. Care Center shall immediately give notice to the County of any suit, claim or action brought against Care Center that is related to the activity under this agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. 23. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Care Center: Guidance/Care Center, Inc., A FL 501c3 not for profit corporation Attn: Maureen Dunleavy 3000 41st Street Ocean Marathon, FL 33050 605 And WestCare Foundation, Inc. Attn: Exec VP 1711 Whitney Mesa Dr. Henderson,NV. 89014 For County: Monroe County Emergency Management Attn: Jeff Manning 49063 d St Ocean Suite 150 Marathon, FL 33050 And Monroe County Attorney's Office 11.11 12 th Street, Suite 408 Key West, Florida 33040 24. CLAIMS FOR FEDERAL OR STATE AID. Care Center and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this agreement;provided that all applications,requests,grant proposals,and funding solicitations shall be approved by each party prior to submission. 25. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 26. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and agree that neither the County nor Care Center 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. 606 27. ATTESTATIONS. Care Center agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee.of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this agreement or be subject to any personal liability or accountability by reason of the execution of this agreement. 29. EXECUTION IN COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this agreement by signing any such counterpart. 30. 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. 31. FEDERAL CONTRACTING REQUIREMENTS. All of the terms and conditions of the agreement between Monroe County and the State of Florida, Division of Emergency Management dated January 6 1h, 2020 are incorporated herein as if set out fully. All of the requirements in said agreement applicable to "sub-recipient" shall apply to Care Center as if .set out fully herein. Said agreement between Monroe County and the State of Florida, Division of Emergency Management dated January 6 th, 2020 is attached hereto as Exhibit A. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 607 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day �a` i,da. ig� t written above in four(4) counterparts, each of which shall, without proof or M' un mgtfor the other counterparts, be deemed and original contract. BOARD OF COUNTY COMMISSIONERS TPT: �VIN MADOK, CLERK OF MONROE COL NTY,FLORIDA By Deputy Clerk Mayor/Chairman Witness: GUIDAN /CA ENTER, INC. 'Y Signature na of padn authorized to legally bind Corp ation f� /Jou�ilGlls'�j .�C�rDc7 Print Name Print name and Title Date: 405."4'r to ,�i✓,�'G� ' .�•D/9"/ NROE COU ATTORNEY AF'F�pOVED '�� �TANT LINTY ATTO N Date C 23 2� F r C3 ' p'> r V 608 EXHIBIT A: FEDERALLY FUNDED SUB-AWARD AND GRANT AGREEMENT 609 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DoSantls Jared Moskowitz Govemor Director January 06, 2020 Mr. Jeffrey S. Manning, Emergency Management Sr. Planner Monroe County BOCC 490 63rd Street Ocean, Suite 150 Marathon, Florida 33050 Re: Project Number PDMC201 8-01A Monroe County BOCC Generators Dear Mr. Jeffrey Manning: Enclosed is the executed Pre Disaster Mitigation Grant Program (PDMC) Agreement (DEM No. B0062) between Monroe County BOCC and the Division of Emergency Management. Upon completion of the work identified in the Agreement, a Request for Reimbursement form (Attachment D) should be completed and submitted to the Division for processing With Paragraph (9)of the Agreement . Please return to: Susan Harris-Council, Program Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Susan Harris-Council at (850) 815-4532. Respectfully, Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer MEA:mrn Enclosure D I V I S 10 N N E A D 0 U A R T E R S Tel: 860-413-9969 - Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard r 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 610 Agreement Number: B0062 Project Number: PDMC2018-014 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a"subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity"means"a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program." As.defined by 2 C.F.R. §200.93, "Sub-Recipient" means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program.'` As defined by 2 C.F.R. §200.38, "Federal award" means"Federal financial assistance that a non- Federal entity receives directly from a Federal awarding agency or Indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward"means"an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient's name: Monroe County BOCC Sub-Recipient's unique entity identifier: 59-6000749. Federal Award Identification Number(FAIN): EMA-2019-PC-0001 Federal Award Date: August 26.2019 Subaward Period of Performance Start and End Date: Upon Execution—4/1/2022 Amount of Federal Funds Obligated by this Agreement: $75,930.00 Total Amount of Federal Funds Obligated to the Sub:Recipient by the pass-through entity to include this Agreement: $75,930.00 Total Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity $75,930.00 Federal award project description(see FFATA): Generators for Critical Facilities Name of Federal awarding agency: FEMA . Florida Division of Emergency Name of pass-through entity: Management Contact information for the pass-through entity: Susan Harris-Council Project Manager Catalog of.Federal Domestic Assistance(CFDA)Number and Name: 97.047 _ Whether the award is R&D: N/A Indirect cost rate for the Federal award: N/A 1 611 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida(hereinafter referred to as the"Division"), and Monroe County Board of County Commissioners, (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance', applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C,FR. Part 200, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federa$ Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes,' i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division, 612 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing,the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: I. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Susan Harris-Council, Project Manager FI Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone:850-815-4532 c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Mr.Jeffrey Manning,Senior Planner Monroe County Board of County Commissioners 490 63rd St.Ocean,Suite 150 Marathon, Florida 33050 Telephone:305=289-6325 Email: Manning-Jeff a@MonroeCounty-FL.Gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 34 613 (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 moon original. (G) 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 Vf Work, Attachment Aof this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end mm April 1, 2022, 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. §20U.77. the term"period of agreement"refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under" this Agreement. |n accordance with 2C.F.R. §2DO.3DB. the Sub-Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance with section 215.971(l)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during" the period ofagreement, (y) FUNDING a. This is a cost-reimbursement Agreement, subject tothe availability offunds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon on annual appropriation by the Legislature, and subject to any modification |n accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion nf each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement("Budget and Scope of Work"), The maximum reimbursement amount for the entirety of this Agreement is d. As required by2C.F.R. §200.415(a). any request for payment under this Agreement must include ocertification, . which reads as follows: "By signing this report, | certify to the best ofrnyknowledge 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 ofthe Federal award. Iem aware that any ` 614 false, fictitious, or fraudulent information, nrthe omission of any material fact, may subject rnebocriminal, civil oradministrative penalties for fraud, false statemen<s, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31. Sections 3729-373O and 3BO1-3812).° e. The Division will review any request for reimbursement bv comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i The required minimum acceptable level of service tobe performed; and, ii The criteria for evaluating the successful completion of each deliverable. t The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal",which is defined in 2 C.F.R. §200.76 as "a target level mfperformance expressed aoo tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. G2OD.3D1. that the Division and the Sub-Recipient"relate financial data toperformance acoornpUshnleOhS of the Federal award." g. |f authorized hythe Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 3C.F.R. §200.430 /^Connpenoahon--personm| services")and 2 C.F.R. §280.451 ("Compensation—fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer ho provide sufficient work, or other similar cause (see 2SU.G.C� §2D7(m)(2)\. then the Division will treat the expense aa $fringe benefit. 2C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition bo regular salaries andwagos.^ Fringe benefits are allowable under this Agreement an long e$ the benefits are reasonable and are required by |avv. Sub-Recipient-employee ogneenlent, or an established policy ofthe Sub-Recipient. 2 C.F.R. §200.431/b\ provides that the cost Vf fringe benefits in the form of regular compensation paid to employees during periods ofauthorized 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 rnet i. They are provided under established written leave policies; ii. The costs are equitably allocated to all na|abad activities, including Federal mvvanjs; and, iii. The accounting basis (cash or accrual) selected for costing each type mf 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 |n accordance with 2C.F.R. §2OO.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must bein accordance with section 112.001. Florida Statutes, which includes submission ofthe claim oVthe approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.O81(6)(b). 5 615 Florida Sbybdeo ($6 for breakfast. $11 for lunch, and $1S for dinner). then the Sub-Recipient must provide documentation that: i The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; ond. |i Participation of the individual |n the travel is necessary to the Federal award. i The Division's grant manager, as required by section 215.971(2)(c\. Florida Statutes' shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce o final reconciliation report. The final report must identify any funds paid in excess ofthe expenditures incurred by the 8ub-Reoipiant. '. As defined by 2 C.F.R. §200.53, the term"improper payment" means or includes: i. Any payment that should not have been made or that was made |non incorrect amount(including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii Any payment to an ineligible peny, any payment for mn ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a An required bv2C.F.R. §2OO.336. the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy thehghto[accesa0oanydooumnente. papwrs. orothernacondoofthe0ub'Raoipientwhiohona pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts, The right of access also includes timely and reasonable access tothe SUb-Recipient's personnel for the purpose o[ interview and discussion related b]such documents. Finally, the right of access is not limited tnthe required retention period but lasts ag long aa the records are retained. b. Ao required by2C.F.R. §2DO.331(a)(5). the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoytho right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Aoraennent, in order to make oudits, examinations, excerpts, and transcripts. The right 0f access also includes timely and reasonable access to the 8ub-F<ecip|ent's personnel for the purpose of interview and discussion related t8 such documents. c. As required by Florida Department ofGtate'e record retention requirements ((}bmpbar 118. Florida Statutes) and by C.F.R. §200.333. the Sub-Recipient shall retain sufficient records boshow its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) fiscal years from the date of 6 616 completion of grant cycle or project. The following are the only exceptionsba the five (5)year requirement: |. 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. i(. When the Division orthe Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs,or pass-through entity to extend the retention period. )ii Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition, iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5-yea[retention requirement is not applicable tothe Sub-Recipient. V. Records for program income transactions after the period ofperformance. In some cases recipients mustmwpnrtproQnanl|nconmemfterthapehodofperfovmenoa. Where there kssuch a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable(such es computer usage ohorQeback rates or composite fringe benefit rates). ' d. In accordance With 2 C.F.R, §200.334,the Federal awarding agency must request transfer oy certain records to its custody from the Division orthe Sub-Recipient when |t determines that the records possess long-term retention value. ' e. In accordance with 2 C.F.R. §200.335. the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. |f paper copies are submitted, then the Division must not require more than on original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may besubstituted through the use of duplication orother forms of electronic media provided that they are subject to periodic quality control nevimws, provide reasonable safeguards against alteration, and remain readable. t As required bv2C.F.R. §2O0-3O3,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 mT the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 8. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, 7 617 basic requirements: (1) meetings of public boards or commissions must be open 0o the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must ba taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government|nthe Sunshine Law applies to private entities that provide services UJ governmental agencies and that act oD behalf nfthose agencies in the agencies'performance oy their public duties. |fapublic agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, 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, hothe extent that the Government in the Sunshine Law applies bz the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings o|any subcommittee making recommendations tothe governing board may besubject to open government requirements. These meetings shall bopublicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 11Q. Florida Statutes. h. Florida's Public Records Levv provides m right of access ho the records mf the state and local governments as well astoprivate entities acting oR their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made nr received bya governmental agency(or a private entity acting on behalf of such an agency) in conjunction vxithoffioa| buoineasvvhichmnauaedCo 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 ofthe public naonrd requirements. Hovvever, when public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided bvaprivate entity determine whether that entity is acting oO behalf 0fapublic agency and iGtherefore subject Lo the requirements ofFlorida's Public Records Law. i The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work-Attachment A-and all other applicable laws and regulations. (11)4JUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 2OD. Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub-F{eoipientmhaUh}||0Yv{Senena||yAccepted8ccOUAtingPrincip|es ("GAAP"). As defined by 2 C.F.R. - 618 �00�9, GAAP"has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB)and the Financial Accounting Standards Board(FASB)." n. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). Aa defined by2 C.F.R. §2O0.50. GAG/\S. "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(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 Gub'ReoipianL's fiscal year. [ The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2C.F.R. Part 2DO. byorVn behalf ofthe SWb-Rec/pient. to the Division at the following address: DEMSingle—Audit@em.myflorida.com DR Office of the Inspector General 2555Ghumard Oak Boulevard Tallahassee, Florida 3239B-21DO Q. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvmebaccwnnuo.gov/foo/ooUouVddeindex.htn1| h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle—Audit@em.myfforida.com OR Office o[the Inspector General 2555Shurnand Oak Boulevard Tallahassee, Florida 323A0'21OU 9 619 (1 a. Consistent with 2C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and o 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 1#the Division nV later than 15days after the end ofeach quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion ofthe activities contained |n this Agreement, whichever first occurs. d. It all required reports and copies are not sent tV the Division or are not completed \na manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action om stated |n Paragraph (1G) REMEDIES. "Acceptable hothe Division" means that the work product was completed in accordance with the Budget and Scope of Work. a. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. [ The Sub-Recipient shall provide additional reports and information identified |n Attachn0eDkF. (13)MONITORING. o. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. /\ review shall be done for each function or activity iM Attachment Ato this Agreement, and reported |nthe quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division obyff. limited scope audito, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. |n the event that the Division determines that e limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees io comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. |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, 10 620 (1 a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2). F&orida Statutes, the Sub-Recipient is solely responsible 1O parties b deals with in carryingout the terms of this Agreement and, as authorized by section 788.28(19). Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that bie not an employee or agent of the Division, but|oan independent contractor. b. As required by section 760.28(19). Florida Statutes, any Sub'Racipientvvh(oh is state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent orLndioua acts or omissions which result in claims or suits against the Division, and agrees tobe liable for any damages proximately caused bythe acts 0r omissions hothe extent set forth in Section 768.28, Florida 8iatutes, Nothing herein is intended to serve as a waiver of sovereign jrn0\uOib/by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent bvostate agency Pr subdivision of the State of Florida to be sued by third parties in any matter arising out 0f 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 ho exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable ho make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false o[misleading iM any respect, or|f the Sub- Recipient fails to keep or perform any 0[the obligations, terms or covenants io this Agreement nrany previous agreement with the Division and has not cured them in UAne}y fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice io sent by the Division; o. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information: or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. |fanEvent of Default occurs, then the Division shall, after thirty calendar days written notice tothe Sub-Recipient and upon the Suh-Recip\enCs failure$o cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: 11 621 a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice cf the termination. The notice shall be effective when placed in the United States. first class A0ai|, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this A0naenoant c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. a. Exercise any corrective or remedial actions, to include but not belimited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent 0f non-compliance Drlack of performance, |i. Issue a written warning to advise that more serious measures may be taken 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 k/. Require the Sub-Recipient to reimburse the Division for the amount Ofcosts incurred for any itorno determined to be ineligible; [ Exercise any other rights mr remedies which may be available under law. Pursuing any tf the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided a\law or|Dequity. |f the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default bythe Sub-Recipient, (17)TERMINATION. u. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 118. Florida Statutes, osamended. b. The Division may terminate this Agreement for convenience or when h determines, }o its no\a discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement ia hernminabwd. the Sub-Recipient will not incur new obligations for the terminated portion nf the Agreement after the Sub-Recipient has received the 12 622 notification[ftermination. The Sub-Recipient wiUcance| asn1anyoubstandingobhoatinns as possible, Costs incurred after receipt of the termination notice will bedisallowed, 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 o. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state|mvvs and regu|mUonm, to include 2 C.F.R. §§200.518 through 2OO.336 as well as Appendix || to 2C.F.R. Part 2OO (entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Aw/ando''). b. Ao required by2C.F.R. §2OO.318(i). the Sub-Recipient shall"maintain records sufficient bJ detail the history¢fprocurement, These records will include, but are not necessarily limited to the following: rationale for the nle0lud of procurement, selection Of contract type, contractor selection or rejection, and the basis for the contract pr|nm." c. As required by 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 ondere." In order to demonstrate compliance with this requirement, the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen /15\ days prior to the publication o(communication ufthe solicitation, The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2C.F.R §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix |! to 2 C.F.R. Pad2DO. Consistent with 2 C.F.R. §200.318(h). the Division will not substitute its judgment for that ofthe Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the D(x|a|on to identify deficiencies in the vendor requirements orin the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review. the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. |f during its review the Division identifies any deficiencies. then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible Within the three (3) business day window outlined above. If the Sub'Reoipientpub||shes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may-, 1� 623 i Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and. ii. Refuse b> reimburse the Su for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to2C.F.R. §2OO.32O(b). i[the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3) buoineamdoyo. Consistent with 2C.F.R. §2DO.324. the Division will review the uneweoubad contract for compliance with the procurement standards outlined in2 C.F.R. §§2OO.318 through 2OO.326 as well ae Appendix || to 2 C.F.R. Pad20O. Consistent with 2 CY.R. §200.318(k). the Division will not substitute its judgment for that oythe Sub-Recipient. While the Sub-Recipient does not need the approval pfthe Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute ao approval of the subcontract. Regardless of the Division's review, the GVb~Rec|pientremains bound by all applicable|avvm, regulations, and agreement terms. |f during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient executes a subcontract after receiving acommunication from the Division that the subcontract is non-compliant, then the Division may: L Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. [ The Sub-Recipient agrees to include inthe subcontract that /i> the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and nagu|oUono. and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required bylaw. g. As required by C.F.R. §200.310(n)(1). the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the se}mction, award and administration of contracts." h. AS required by2C.F.R. G2OO.319(a). the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: 14 ` 624 \ \ ^ i Place unreasonable requirements on firms in order for them bo qualify todo business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts bo consultants that are onretainer contracts; V. Authorize, condone, or ignore organizational conflicts ofinterest; vi. Specify only o brand name product without allowing vendors to offer en equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited bythe procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor ho bid ono contract ifthat bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i "[Ejxcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200,319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. '. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. aee)od bids) in accordance with 2 C.F.R. §200.320/n\ me well ossection 287.057(1)(m). Florida Statutes. K. The Sub-Recipient shall conduct any procurement involving requests for proposals ' (i.e. competitive proposals) in accordance with 2 C.F.R. §300.320(d) as well ao section 287.057U\(b). Florida Statutes, i For each subcontract, the Sub-Recipient shall provide a written statement 1othe 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 of2C.F.R. §200.331 ("CoOtc@cUMQ with small and minority businesses, vwornen'sbusiness enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments bo this Agreement are incorporated aoif set out fully. b. |n the event oY any inconsistencies or conflict between the language 0ythis Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict orinconsistency. 15 625 c. This Agreement has the following attachments: i Exhibit 1 ' Funding Sources ii Attachment A— Budget and Scope ofWork |U. AttauhmentB— P[ogram Statutes and Regulations |V. Attachment C—Statement ofAssurances V. Attachment D—ReqUesiforAdwgnce or Reimbursement V|. Attachment E—Justification ofAdvance Payment Vii AMachmMerdF—C)uartedyRepodForm v||i Attachment G—Warranties and Representations ix. Attachment H —Certification Regarding Debarment X. Attachment|— Federal Funding Accountability and Transparency Act A. Attachment J—Mandatory Contract Provisions (20)PAYMENTS a. Any advance payment under this Agreement is subject ho2C.F.R. §2OO.3O5 and, aa applicable, section 21O.181(18). Florida Statutes. All advances are required tobe held inan interest- bearing 0000unL If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal ofe request for advanced payment. After the initial advance, if any, payment shall bm made mna reimbursement basis aoneeded. b. Invoices shall bm submitted at least quarterly and shall include the supporting documentation for all costs of the project or oan/iomo. The final invoice shall be submitted within sixty (60) days after the expiration date mf the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall ba submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement, c. If the necessary funds are not available to fund this Agreement as a result ofaction by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment oyfunds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 1O 626 (21)REPAYMENTS a. All refunds orrepayments due to the Division under this Agreement are b]bemade payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shunnand Oak Boulevard Tallahassee FL323S9-21OO 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 o{Q15.DO or5Y6 of the face amount of the returned check or draft, whichever iggreater. (22)MANDATED CONDITIONS a. The validity 0[this Agreement is subject to the truth and accuracy of all the iDfVrnlati0n, representations, and materials submitted or provided by the Sub-Recipient|n this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub'RecipianL b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. |f any provision of this Agreement is in conflict with any applicable statute or ru|o, or is unenhzrcmab|e. then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision nf this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement, d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 1U1-33G. 42U.0.C. Section 12101 . 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. m. Those who have been placed on the convicted vendor list following a conviction for a public entity crime ormn the discriminatory vendor list may not submit a bid on o 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 apub|ic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, Vr consultant under a contract with apublic entity, and may not transact business with any public entity in 17 627 excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not,within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local) with commission of any offenses enumerated in paragraph (22)f, ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions(federal, state or local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H)for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into A contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e) of the Immigration and Nationality Act ("INK)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA, Such violation by the Sub-Recipient of the employment provisions 628 contained |n Section%74A(e) of the |NA shall be grounds for unilateral cancellation of this Agreement by the Division. i All unmanufact radandnnanufaoturedertickas materials and supplies which are acquired for public use under this Agreement must have been produced in the United States aorequired uDder41 U.S.C. 10a' unless it would not be in the public interest or unreasonable in cost. (23) a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant #r contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The @ub'Reoipimntuartifies. by its signature to this Agreement, that tothe best ofhis or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, byor on behalf ofthe SVb-Recipient, t#any person for influencing Vr attempting ioinfluence am officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii If any funds other than Federal appropriated funds have been paid or will be paid b) any person for influencing Vr attempting tVinfluence an officer oremployee oy any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification bn included |nthe award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission uf this certification igaprerequisite 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 V0,000 and not more than$1OD.00O for each such failure. 19 629 (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise, b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals,films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b,, have the right to all patents and copyrights which accrue during performance of the Agreement, d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient; under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement, 20 630 (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41C.F.R. §60-1.4(W. the Sub-Recipient hereby agrees that kwill incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their cace, co|or, religion, sex, or national origin. Such action shall include, but not be limited b)the following: employment, UpgradiMg, dernotiVn, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available toemployees and applicants for employment, notices tobe provided setting forth the provisions my this nondiscrimination clause. ii. The contractor will, |n all solicitations or advertisements for employees placed byor on behalf Vf the contractor, state that all qualified applicants will receive considerations for employment without regard to race, oo|or, religion, sex, or national origin. iii. The contractor will send tV each labor union or representative of workers with which hehas a collective bargaining agreement or other contract or understanding, anotice tnbeprovided advising the said labor union o[workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246Pf September 24. 1SG6. and of the rules, regulations, and relevant orders of the Secretary ofLabor. V. The contractor will furnish all information and reports required by Executive Order 1124Oof September 24. 1QG5. and byrules, regulations, and orders of the Secretary nf Labor, or pursuant thereto, and will permit access to his books, records, and accounts bythe administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, ,agu|aUono, and orders. Vi. |n the event of the contractor's noncompliance with the nondiscrimination clauses of this contract Vr with any of the said rules, regulations, or orders, this contract may ba canceled, terminated, or suspended iO whole Vrinpart and the contractor may bedeclared 21 631 ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24. 19O5. and such other sanctions may be imposed and remedies invoked as provided |n Executive Order i1246of September 24. 1BG5. orby rule, regulation, or order nfthe Secretary ofLabor, orao otherwise provided by law.. vh. The contractor will include the portion pf the sentence immediately preceding paragraph (1) and the provisions ofparagraphs (1)through /7\ in every subcontract or purchase order unless exempted by rules, regulations, or orders qfthe Secretary Pf Labor issued pursuant bo section 2O4of Executive Order 11248of September 34. 19O5. omthat such provisions will Ua binding upon each subcontractor orvendor. The contractor will take such action with respect to any subcontract or purchase order am the administering agency may direct asa means of enforcing such provisions, including sanctions for noncompliance: provided, however, that iDthe event a contractor becomes involved in, or is threatened with, litigation with a subcontractor nr vendor aga result of such direction by the administering agency the contractor may request the United States ho enter into such litigation to protect the interests of the United States, b. The Sub-Recipient further agrees that it will be bound bythe 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 noo[under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information a0 they may require for the supervision of such compliance, and that i1 will otherwise assist the administering agency |n the discharge#fthe 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 t0the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may bm imposed upon contractors and subcontractors bythe administering agency mr the Secretary mf Labor pursuant to Part||. Subpart Oof the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, o(suspend iMwhole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance io the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory 22 632 assurance of future compliance has been received from such Sub-Recipient; and referthe case huthe Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient herebvagroeodho[ unleooexamctundmxFedwoal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18U.S.C. @874` 40U.O.C. § 3145. and the requirements of2BC.F.R. pt. 3 as may ba applicable, which are incorporated bv reference into this contract, ii Subcontracts. The contractor or subcontractor shall insert inany subcontracts the clause above and such other clauses me the FEK8/\may by appropriate instructions require, and also a clause requiring the subcontractors t0 include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance byany subcontractor or lower tier subcontractor with all of these contract clauses. Ui. Breach. /\breach of the contract clauses above may begrounds for termination ofthe contract, and for debarment as a contractor and subcontractor as provided iD29 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 4OU.S.C. 37U2 and 37O4. as supplemented byDepartment of Labor regulations (2QCFR Part 5). Under 4OU.@.C. 37D2of the Act, each contractor must berequired to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours- Work |nexueomofthamtondandvvorkweekispermimoiblaprov|dmdthatthaworkori000rnpennatedat a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40hours in the work week. The requirements of40 U.S.C. 37O4 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 wrdangerous. These requirements dm not apply hn the purchases ofsupplies or materials or articles ordinarily available onthe open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL AC 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 io comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33U.5.C. 1251-1387). and will report violations bzFEK8A and the Regional Office of the Environmental Protection Agency (EPA). 23 633 (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. pi. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt, 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of W0,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTINQ WITH SMALL AND MINORITY BUSINESSES WO EN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following 24 634 affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i Placing qualified snnaU'and minority businesses and wonnonsbusiness enterprises qn solicitation lists; ii Assuring that small and minority businesses, and xvonmmn'sbusiness enterprises are solicited whenever they are potential sources; iii Dividing total nequirementm, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; |v. Establishing delivery schedules, . which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance. as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency oy the Department of CorAMAerce'. and Vi Requiring the prime contractor, |fsubcontracts are tobe let, to take the affirmative ehape listed in paragraphs i through v. of this subparagraph, b. The requirement outlined in subparagraph a. above, sometimes referred to as ^nooioauononmiccontracting.^ does not impose an obligation to set aside either the solicitation or award of a contract bm these types of firms. Rother, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. o. The"socioeconomic contracting" requirement outlines the mfOnnmdvm steps that the Sub-Recipient must take', the requirements do not preclude the Sub'Reoipienthnnm undertaking additional steps toinvolve small and minority businesses and vvornen'sbusiness enterprises. d. The requirement to divide total requirements, when economically haasiNm, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and vvVrnen's business enierprises, does not authorize the Sub-Recipient to break a single project down into smaller components\n order tocircumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting*). (33 The8ub-Recipientsha|} oomp|ywhhanySbyhmnnentofAssunancoaincurporadedoa AttaohnnentC. ^ 635 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: Monroe Count IN MADOK, CLERK ,. -,� Name and Title: Heath r Carruthers, Mayor / eputy Clerk aoli 9 Date: l rP OE COU ATM N F1', tOVED TO PEDRGrMERCADO AS STATE OF FLORIDA _-- DIVISION OF EMERGENCY MANAGEMENT By: Miles E. Anderson, for Name and Title: Jared Moskowitz, Director Date: 26 636 EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Eme[gency Management Agency: Pre-Disaster Mitigation Grant Catalog of Federal Domestic Assistance title and number: Q7I47 Award amount: THE FOLLOWING COMkIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: * 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards m The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 9J-28B. as amended, 43 U.S.C. 5121 et seq.. and Related Authorities w Sections 13O1(A) of the National Flood Insurance Act oY1888. 42U.S.C. 41O4o. os amended by the National Flood Insurance Reform Act of19S4. Public Law 103-325 and the Bunnin0-Beneuter' B|umenauerF\uod |nmu,onooRefonnAntof2O04. Pub|icLow1D8'2O4 ° 31 CFR Part 305 Rules and Procedures for Funds Transfers Federal Program: 1. Sub-Recipient is$o use funding to perform the following eligible activities: ~ Generators for Critical Facilities 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will bein violation of the terms of the Agreement. 27 637 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to upgrade a generator from 125kW to 150kW,which will provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida Division of Emergency Management(Division) and the Federal Emergency Management Agency (FEMA), The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub- Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT OVERVIEW: As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator and install a new 150kW diesel-fired generator in its place with all its associated connection and operational infrastructure at the Guidance Care Center, located in Marathon, FL 33050(24,711583, - 81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator outside the Special Flood Hazard Area (SFHA) and shall be protected against wind with a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. TASKS&DELIVERABLES: A. Tasks 1) The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute a contract with the selected bidders to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractors in accordance with the Sub-Recipient's procurement policy, as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. 28 638 The shall provide documentation demonstrating the results ofthe procurement process. This shall include a rationale for the method Vf procurement and selection of contract type, contractor selection and/or rejectionand bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub- Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform man/\uae. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub-Recipient shall monitor and manage the removal of the old generator, ao well am procure and install one new 15OhVV generator at3D0O 41mt8tOcean, Marathon, 33050. with all the equipment required to connect and operate it. The generator will be protected from hurricane wind damage by an enclosure and will be installed with mfue) Lank, automatic transfer switch, and all necessary e\eoWom| and exhaust attachments. This work shall be performed in accordance with the P0K0 application and associated documentation as presented to the Division by the Sub-Recipient and subsequently approved by the Division aDdFEK4/\. The Sub-Recipient shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and documented, as appropriate. The Sub-Recipient shall fully perform the approved project, as described in the app|icaUoA, in accordance with the approved scope of work indicated heraiD, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient shall not deviate from the approved project termmondcondiUons. Upon completion of the work, the Sub-Recipient shall schedule and panboipmbe in o final inspection of the completed project byUme\oce| nnunioipm| oroountybui|dinQdepertrnent(officimU.orotheroppnov\ng official, omapplicable. 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 becorrected by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, |fany. Additional documentation shall include: a\ Copy ofpe[rniUS}. notice of commencement. b\ Local Building Official Inspection Report and Final Approval. c\ Signed and sealed copy of the As-built plans. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e\ Certified Letter ofCompletion— 1. Affirming that the project has been completed in conformance with the approved project drawings, specifications, and scope. 2. Certify Compliance with all applicable codes. D All Product Specifications/ Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. g) Copies of any permits that were required prior initiating work. If no permits were required provide a letter from the local floodplain administrator stating that the project did not require any permits, h) Letter verifying that construction vehicles and equipment USed0orth(g project were maintained in good working order to minimize pollutant emissions. The letter shall also include that the contractor implemented measures bo prevent spillage nrrunoff of chemicals, fuels, oils, or sewer- related waste during project work. >) Verification letter or documentation showing the generator is protected to the 500~year(0.296 annual chance) flood elevation. 29 639 j) Letter verifying that unusable equipment, debris, and material were disposed of in an approved manner and location, if any significant items (or evidence thereof) were discovered during implementation of the project, and that the Sub-Recipient handled, managed, and disposed of petroleum products, hazardous materials, and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. k) Proof of compliance with Project Requirements and Conditions contained herein. 3) During the course of this Agreement the Sub-Recipient shall submit requests for reimbursement, Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an affidavit signed by the Sub-Recipient's project personnel with each reimbursement request, attesting to the completion of the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation,which may include but not be limited to: cancelled checks; bank statements; Electronic Funds Transfer; paid bills and invoices; payrolls; time and attendance records; contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; and 30 640 c\ Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B. Deliverables Asa Pre-Disaster Mitigation (PO88) project, thaGub-RecipientnhaUnomovmthmexmUng125kW generator and install a new 150kW diesel-fired generator in its place with all its associated connection and operational infrastructure at the Guidance Care Center, located in Marathon, FL 33050 (24.711683. -81.087164). The generator shall be protected against a5OO-ymar flood event by implementing specific activities or by locating the generator 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 iM accordance with the Scope of Work outlined inthis Agreement, the Division shall reimburse the Sub-recipient based nn the percentage Uf overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: A. Engineering�= ��=��� 1) The Sub-Recipient ohaUoubmittothm [livimionanofficia| |etteroboUnQthetthm projectis1OO96 complete and ready for the Division's Final Inspection of the project. 3) The Sub-Recipient shall provide o copy of the Notice of Commencement, and any local official Inspection Report and/or Final approval; aoapplicable. 3> The Sub-Recipient shall submit a final copy of the oornp|ohed p jmo[n As-built drawings and all necessary supporting documentation, and provide a summary of all contract scope of work changes, if any. 4> The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated b)complete the 'ob. 5\ The Sub-Recipient shall Submit a certified letter of completion from Engineer ofRecord. The Sub- Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the p 'ecthas been completed in conformance with the approved project dravvings, specificaUons, scope, and applicable codes G) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 7) All installations shall be done in strict compliance with the Florida Building Code orMiami Dade Specifications. All materials shall be certified to exceed the wind and impact standards of the current local codes. 8) Product Specifications documentation ooUoh/ing protection requirements for all products utilized shall ba provided bo the Division for closeout. 8) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project vvork) andoomp|yw|thaUnequiradpennitsand approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. 10) The local municipal or county building department shall inspect the installation according to the manufacturer's specification, ensure that the above referenced standards have been met and documentation provided to the division for closeout, 31 641 11} The materials and work funded pursuant to this Subgrant Agreement are intended tO decrease the vulnerability ofthe building tV property losses and are specifically not intended hnpnoVkjeh)(the safety of inhabitants before, during or after a natural manmade disaster. B. 1\ The Sub-Recipient must follow all applicable Gbste. Local and Federal Laws Regulations and naquironnentm, and obtain (before starting project work) and umnnp|y with all required permits and approvals. Failure to obtain all appropriate Fedaoa). State, and Local environmental permits and clearances may jeopardize federal funding. \f project vvorkiade|oyadforayaarornmoreofterth$ daha of the categorical exclusion (CATE)(\. then coordination with and project peviewbyro0u|atmryagonciom must beredone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (ino|udin0 other work not funded by FEk8A, but done substantially at the same hmo), regardless of the budget innp|icaUong, will require re-submission of the application to FEW1/\ through the Division for National Environmental Policy Act(NEPA) re-evaluation before starting project work. 3) If any ground disturbance activities occur during construction, the Gub'RecipientvviU monitor ground disturbance during any QrOVDd disturbing activities during constnJcti8*, and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the Division and FEA8A. 4) The Sub-Recipient must coordinate with the local floodplain administrator and obtain required permits from the appropriate agencies prior to initiating work. All coordination pertaining to these activities and Sub-Recipient compliance with any conditions should be documented and copies forwarded to the state and FEK8A for inclusion in the permanent project fi|eo. 5\ Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant itonno (or evidence thereof) are discovered during implementation of the project, the Sub-Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Verification of compliance ia required at project closeout. G) Construction vehicles and equipment used for this project eha|| bannaintainedin0ondvvorWnQordmrbt minimize pollutant emissions. The contractor shall implement measures to prevent spillage or runoff of chemicals, YVe|G. OUs. Or sewer-related waste during project work, C- 1) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 2) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of the budget implications. 3> The Sub-Recipient must"obtain prior written approval for any budget revision which would result in a need for additional funds" [44CFR13(c)]. from the Division and FEYNA. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 3O'dayo 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 must be submitted to FEMA,60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension must be in writing and submitted along with substantiation of new expiration date, and a new schedule of work,hJ the Division aminimum of seventy (7O)days prior tothe expiration date, for Division processing toFEKQ/\. 6\ The Sub-Recipient must avoid duplication of benefits between the P0KA and any other form of assistance, am required by Section 312 of the Stafford Act, and further clarification |n44CFR 206.191. 32 642 FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program: or 5) Take other remedies that may be legally available. SCHEDULE OF WORK: State contract execution process: 3 Months Procurement of Generator, Materials, and Labor for 3 Months Install: Selection of Contractor- Notice to 3 Proceed: Months Final Designs/Order Generator 3 Months and Materials: Receive Generator, Remove Existing Unit, Install 4 Months New Generator' Generator Start-Up and Testing: 2 Months Final State/Local Inspections, Permits, and 6 Months Reimbursement Request, Final Inspection/Closeout: 6 Months Total Period of Performance: 33 Months BUDGET: Funding Summary Federal Share: $75,930.00 (75%) Local Share: $25,310.00 (25%) Total Project Cost: $ 101,240.00 (100%) 33 643 Line Item Budget* Project Cost Federal Share Local Share Materials and Equipment: $35,000.00 $26,260.00 $8,750.00 Labor and Installation: $16,000.00 $12,000.00 $4,000.00 Permitting and Fees: $2,500.00 $1,875.00 $625.00 Site Preparation: $4,500.00 $3,375.00 $1,125.00 Architectural: $1 1,0M00 $8,250.00 $2,750.00 Structural: $4,900.00 $3,675.00 $1,225.00 Project Management: $19,240.00 $14,430.00 $4,810.00 Construction Trade Expenses: $8,100.00 $6,075.00 $2,025.00 Total: $ 101,240.00 $ 76,930.00 $ 25,310.00 *Any line item amount in this Budget may be increased or decreased 10%or less with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. This is FEMA project number PDMC-PJ-04-FL-2018-014. The Period of Performance (POP)for this project shall end on April 1, 2022. 34 644 Attachment B Program Statutes and Regulations The parties bz this Agreement and the Hazard Mitigation Grant Program (HK0(3P)are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44CFR Parts 7. 9' 1U. 13. 14. 17. 18. 25. 2OS. 22O. and 221' and any other applicable FEKAA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27. 2O15Update, and (5) All applicable laws and regulations delineated in Attachment Cof this Agreement. In addition to the above statutes and regulations, the Sub-recipient must comply with the following: The Sub-recipient shall fully perform the approved hazard mitigation project, osdomchbedintha Application and Attachment A(Budget and Scope of Work)attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Thg8ub°necip|ent shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub-recipient and any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part||. Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development ragu|ationa. The Sub-recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department af Health, the Florida Game and Fish Commission, and any Federal, State, Dr local envinJmrnenta| o[land use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub-recipient will provide and maintain competent and adequate engineering supervision at the construction site ho ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information toHMGPao may berequired. If the hazard mitigation project described |n Attachment 8 includes an acquisition orrelocation project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which o structure will be removed pursuant to the project. (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 35 645 C8 No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. areotrponn' or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement ofthe construction ofthe structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will bemade to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge*f the owner,fee simple title bo the Property described herein shall ba conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Floridav da iUhoutfurther notice to the owner, its successors and aooigno, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property, HKAGP Contract Manager will evaluate requests for cost overruns and submit to the }oMa| Oirector written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth |n44CFFl20J.438(b). The National Environmental Policy Act(NEPA) stipulates that additions or amendments to a HN1GPGub'Recipimnt Scope of Work (GOVV) shall ba reviewed by all State and Federal,agencies perticipoUngin the NEPAprooeoa. As a reminder, the Sub-nycipientrnus\obtain prior approval'romo tha �tetm. bohora implementingchaDges to the approved project`$ctScope of Work (SOVV). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements[o State and Local GOVen101ents:' (1) For Construction projects,thegrantegmnust^obha|npr|nrwr|ttenappnova|for@nybudQat revision which result ina need for additional funds~(44CFR13(o)); (J) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub-recipient odfv the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty days prior to the project expiration date. The Sub-recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8U34 (3) Federal Acquisition Regulations 31.2 3) Section 1O52, Title 31. USCode (4) Chapter473. Florida Statutes (5) Chapier215` Florida Statutes (0) Section 768.28' Florida Statutes (7) Chapter119, Florida Statutes (8) SwoUmn21G.181(G). Florida Statutes (9) Cash Management Improvement Act of198O (10) American with Disabilities Act (11) GeoUon112.U61. Florida Statutes (12) Immigration and Nationality Act (13) GecUon28G,011. Florida Statutes 38 646 (14) 2 CFR, Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act(as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A,Title 11 of the Americans with Disabilities Act(ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 37 647 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that: (a) |t possesses legal authority to enter into this Agreement and b}carry out the proposed program; (b) Its governing body has duly adopted 0r passed as aR official act of resolution, motion qrsimilar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management(DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub'recipient'a chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (o) No member mfor delegate tu the Congress of the United States, and no Resident Commissioner, shall receive any share or part ofthis Agreement or any benefit. No member, officer, or employee ofthe Sub-recipient 0r its designees Vr agents, nOmember of the governing body of the locality in which this program is situ8ted, and no other public official of the locality or localities who exercises any functions or responsibilities with respect tothe program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub-recipient shall inooqponyte, in all contracts or subcontracts o provision prohibiting any interest pursuant b» the purpose stated above; (d) All Sub'reoip|entomntnoobe for which the 28oha Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub-recipient for eligible contract work completed prior tothe date the notice of suspension of funding was received bythe Sub-recipient. Any cost incurred after aMobce of suspension or termination is received by the Sub-recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub-recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event . (8) It will comply with: (1) Contract Work Hours and Safety Standards Act Uf1952 40UGC 327et seq., requiring that mechanics and laborers (including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 2QU.8.C. Section 2O1et snq.. requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed vvork+vamh. (� |t will comply with (1) Title V1of the Civil Rights Aotof1964 (P.L8Q'352). andMheregVlaUoDs issued pursuant thereto, which provides that no person in the United States shall pwthe grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise oubiaubad to discrimination under any program or activity for which the Sub- recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any nwa| property or structure thereon is provided or improved with the aid of Federal financial assistance extended hn the Gub' naoipienL, this assurance shall obligate the Sub'naoipient, or in the oamm of any transfer of such property, any transferee, for the period during which the real property or structure is 38 648 used for a purpose for which the Federal financial assistance is extended, 0rfor another purpose involving the provision of similar services or benefits; (2) Any prohibitionagainst discrimination oD the basis nf age under the Age Discrimination Act¢f1975. as amended /42U.S.C. D101-61O7\which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 5U4ofthe.Rehabi|iLaUon Act mf1873' . (3) Executive Order 1134G. aa amended by Executive Orders 11375 and 12O86. and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms nf compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance pf being motivated bva desire for private gain for themselves or others, particularly those with whom they have family, business, nr other ties pursuant No Section 112.313 and Section 112.3135. Florida Statutes: (h) |t will comply with the Anti-Kickback Act oY198G.41 U.S.C. Section 51 which outlaws and prescribes penalties for"kickbacks"of wages in federally financed or assisted construction aotk/idee� . /)) |t will comply with the provisions of18U.3.C. 594. 5S8. 6OO-805 (further known om the Hatch Act) vvh)oh limits the political activities of employees; �) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of1973. as amended, 42U.G.C. 40U2-41O7. including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase"Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a FEW1/\Model Acknowledgement of Conditions Vf Mitigation ofP[opedx |ma Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFM/\requirements were satisfied on each Vf the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grantlsfha—conditions.shtm (N) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub- recipient will be responsible for conducting inspections to ensure compliance with these specifications bv the contractor; (|) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of19OG(U.S.C. 47O). Executive Order 115g3. 24CFR. Part 8OO. and the Preservation of Archaeological and Historical Data Act of196S (16U.S.C. 4OSa-1. etseq.)by: (1) Consulting with the State Historic Preservation Office to identify properties listed |nor eligible for inclusion in the National Register OfHistoric Places that are subject b}adverse effects(see 38CFR. Section 800.8) by the proposed activity; and 30 649 (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Amo the Federal Emergency Management Agency,the Florida State Historic Preservation Office,the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)"which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA)` 16 U.G.C. 470(h. and implementing negu|oUVnu in 30CFR. Pert8OO. (4) When any of the Gub-naoip|ent`o projects fundedunderthioAonammentrnayafheute historic property, as defined in 38 CFR. Part 8OO(2)(a). the Federal Emergency Management Agency (FEMA) may require the Sub-recipient to review the eligible scope of work in consultation with the State Historic Preservation Office(SHPO)and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (8tandandm). the Secretary of the Interior's Guidelines for Archeological Documentation (GutdeNmmm) (48 Federal Register 44734~37). o[any other applicable Secretary 0f Interior standards. |fFEN1/\determines that the eligible scope 0f work will not conform with the Standards, the Sub-recipient agrees h] participate iMconsultations tm develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological siie$, and the s8|VaQe` stOraQe, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees ho notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, aawar` storm drains, electrical, 0ao. [each lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities, FGK8AwiU request the SHPO's opinion on the potential that archeological properties may be present and ba affected by such activities. The 8HPO will advise the Sub-recipient onany feasible steps to be accomplished to ovoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub-recipient is unable hJ avoid the archeological property, develop, iDconsultation with SHP[). a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication"Treatment of Archeological Properties". The Sub-recipient shall forward information regarding the tnymtrnmnt plan to FEyNA. the SHPD and the Council for review. |f the 8HPO and the Council do not object within 15 calendar days of receipt ofthe treatment plan, FEK0Amay direct the Sub-recipient to implement the treatment plan. |f either the Council orthe SHP[) object, Sub'reoipientshaU not proceed with the project until the objection is resolved. (G) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; /b\ofo|\ohangeohoaprjeotthatmaynaou|tihaaupp|ementa| DSRorrnwd\h/mHPNGP project for a National Register eligible or|imbad property; (n) ifit appears that a project funded under this Agreementwill affect a previously unidentified propertythat may bm eligible for inclusion in the National Roister or affect a known historic property in an unanticipated manner, The Sub-recipient acknowledges that FEW1A may require the Sub- recipient tnstop construction in the vicinity of the discovery nfa previously unidentified property that may eligible for inclusion in the National Register Vrupon learning that construction may affect a known historic property in an unanticipated manner. The Sub- recipient further acknowledges that FEK0A may require the Sub-recipient to take all 40 650 reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will require, and the Sub-recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C. 4821 et seq.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C, 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; 41 651 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of1974, 42U.S.C. . regarding the protection of underground water sources; (cc) b will comply with the requirements of Titles U and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1870. 42 U.S.C. 4U21'4838. which provide for fair and equitable treatment 0fpersons displaced or whose property i$acquired as a result of Federal or Federally assisted p/ograrns-, (dd) |t will comply with the Wild and Scenic Rivers Act of1988. 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system', (ee) |1 will comply with the following Executive Orders: EO11514 (NEP/\); ECJ11738(violating facilities); ED 11988 /F|oOdp|ainK8anagemenU| EO11990 (WetandS); aDdEO 12898 (Environmental Justice); R |t will comply with the Coastal Barrier Resources Act o{1877. 10U.8.C. 3510; (gg) !t will assure project consistency with the approved State program developed under the Coastal Zone Management Act o[1g72. 16U.8.C. 1451-1484; and (hh) |t will comply with the Fish and Wildlife Coordination Act of1958. 16U.S.C. 081'086. Ui\ With respect to demolition activities, it will: (1) Create and make available documentation sufficient ho demonstrate that the Sub- recipient and its demolition contractor have sufficient manpower and aquipnnant&o comply with the obligations gsoutlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub-recipient's jurisdiction to detect the pnaaanom of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department ofEnvironmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: m. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub-recipient to remove asbestos and lead from demolished or otherwise applicable structures. (0) 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. (G) Obtain all required permits, /Q\ Provide addresses and marked maps for each site where water wells and septic tanks are tube closed along with the number of wells and septic tanks located on each site. Provide documentation ofclosures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the 8toba Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-1G3). 42 652 (111) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act(42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 43 653 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB-RECIPIENT: Monroe County BOCC REMIT ADDRESS: 490 63rd St. Ocean, Suite 150 CITY: Marathon STATE: Florida ZIP CODE, 33050 PROJECT TYPE: PROJECT PDMC2018-014 PROGRAM: CONTRACT B0062 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED RECEIVED: N/A AMOUNT: SETTLED? Invoice Period: To Payment#: Eligible Amount Obligated Federal Obligated Non- Division Use Only 100% Amount Federal (Current Request) _% _% Approved Comments TOTAL CURRENT REQUEST. By signing this report, I certify to the best of my knowledge and belief that the report is true, complete,and accurate, and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false,fictitious,or fraudulent information, or the omission of any material fact, may subject me to criminal, civi;or administrative penalties for fraud, false statements, false claims or otherwise.(U.S.Code Title 18,Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB-RECIPIENT SIGNATURE: NAME/TITLE: DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE I 44 654 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SUB-RECIPIENT. Monroe County BOCC PAYMENT#: PROJECT TYPE: PROJECT#: PDMC2018-014 PROGRAM: CONTRACT#: B0062 REF NO2 DATE' DOCUMENTATION 4 (Check) ELIGIBLE AMOUNT COSTS 1 2 3 4 5 6 7 This payment represents % completion of the project. TOTAL 2 Recipient's internal reference number(e.g., Invoice, Receipt, Warral7t, Voucher, Claim Check, or Schedule #) -'Date of delivery of articles. completion of work or performance services. (per document) ' List Documentation(Recipient's payroll, material out of tecipient's stock, recipietil owned equipment and name of vendor or contractor) by category(Materials, Labor, Fees) and line item in the approved project line item budget Provide a brief description Of the articles or services. List service dates per each invoice, 45 655 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: Monroe County BOCC If you are requesting an advance, indicate same by checking the box below. j )ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance,complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100%v of your expected needs for 90 days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORYILINE ITEMS 20_--20�Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item,,provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases, delivery timelines,salary and expense projections, etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90)days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of Invoices and cancelled checks as required by the Budget and Scope of work showing 100%of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard,Tallahassee, Florida 32399, within thirty(30)days of receipt, along with any interest earned on the advance. 46 656 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within 15 days of each quarter's end date. SUB-RECIPIENT: Monroe County BOCC PROJECT#: PDMC-PJ-04-F1_-2018-014 PROJECT TYPE: CONTRACT#: B0062 PROGRAM: QUARTER ENDING: Advance Payment Information: Advance Received El N/A CJ Amount: $ Advance Settled?Yes❑ No n Provide reimbursement Projections for this project(projections may change): Jul-Sep 20 $ Oct-Dec 20 $ Jan-Mar 20 $ Apr-Jun 20_ $ Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Date: Project Proceeding on Schedule? E]Yes EINo (If No,please describe under Issues below) Percentage of Work Completed(may be confirmed by state inspectors): % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion:(Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date,milestones, scope of work,and/or cost: Cost Status: El Cost Unchanged ❑ Under Budget El Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management(DEM)staff may perform interim inspections andlor audits at any time. Events may occur between quarterly reports, which have significant impact upon yourproject(s),such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub grant award. Person Completing Form: Phone: To be completed by Division staff Date Reviewed: Reviewer., Actions,, 47 657 Attachment G Warranties and Representations Financial Management The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub-Recipient shall have.its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM -5:00 PM, Monday Thru Friday, as applicable Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. 48 658 Attachment H Cetiification Regarding . Debarment,Suspension,Ineiiglbility AnclVolutita: Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, , of the Sub-Recipient certifies, by submission of this document,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: Monroe County BOCC Signature Sub-Recipient's'Name B0062 Name and Title DEM Contract Number P D M C-PJ-04-F L-2018-014 Street Address FEMA Project Number City, State, Zip Date 49> 659 Attachment Federal Funding Accountability and Transparency Act Instructions and Wmrkmhmet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision.The FF/\TA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, 000nchab|evveboito' vvhichiohttp://wwvv.uuaspending.gov/. The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or"Division") must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate S25'000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of2OUQ, Pub. L111'5\. Note:This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity tothe FFATA Form distributed to sub-awardeeo for completion. All pertinent information below should ba filled out, signed, and returned to the project menoger. ORGANIZATION AND PROJECT INFORMATION The following information must be provided tothe FDE&Q prior tothe FDE0Q's issuance of a sub- award(Agreement)that obligates$25'8@0or more lm federal funds aa described above. Please provide the following information and return the signed form 1pthe Division as requested. PROJECT#: PDK8[-PJ-04-F['2018-014 FUNDING AGENCY: Federal Emergency Management A AWARD AMOUNT: [}8UGAT|{}NA\CT|DND/g-E: 8/26/2019 GUB/VNARD DATE (if applicable): DUNG#: 073876757 DUNG#+4: 50 'If your company or organization does not have a DUNS number,you will need to obtain one from Dun& Bradstreet at 866-705-5711 or use the web form(http 4fedgov dnb comiwebform).The.process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: MONK COUNTY BOCC DBA NAME(IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRE S: ADDRESS LINE 1 1100:SIMONTONZT ADDRESS LINE 2,. ADDRESS LINE 3: CITY STATE F,L ZIP CODE♦4" 33040 3110 PARENT COMPANY DUNS#(if applicable): 273876767 CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDAO)'. , DESCRIPTION OF PROJECT(Up to 4000 Characters) The purpose of this Scope of Work(SOW),is to upgrade a generator from 125kW to t50kW,which will provide full backup power to the Marathon Guidance Care Center In Monroe County,Florida.This project Is funded through the Prue-Disaster Mitigation Grant Program(POM),as administered by the Florida Division of Emergency Management(Division)and the Federal Emergency Management Agency(FEMA). The Sub-Recipient;Monroe County, agrees to manage and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA: The Sub- Recipient shall complete the work in accordance with all:applicable Federal, State and Local Laws, Regulations, and Codes. Verify the approved project description above,If there is any discrepancy,please can the project manager. PRINCIPAL-PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4" CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT D 26 "Providing the Zip+4 ensures that the-correct Congressional District Is reported.. EXECUTIVE I„ eENSA_ T_1ON 1_NFQRNAYION . S1 661 1. In your business or organizatlon's previous fiscai year,did your business or organization(including parent organization,all branches,and all affiliates worldwide)receive(a)80 percent or more of your annual gross revenues from Federal procurement contracts(and.subcontracts)and Federal financial assistance(e.g. loans,grants.subgrants,and/or cooperative agreements,etc.)subject to the Transparency Act, as defined at 2 CFR 170.320; (b)$25.000,000 or more in annual gross revenues from U.S. Federal procurement contracts(and subcontracts)and Federal financial assistance(e.g.loans, grants,subgrants,and/or cooperative agreements,etc,)subject to the Transparency Act? Yes❑ No #the answer to Question !is "Yes,"continue to Question Z.9 the answer to Question 9 Is"No",move to the.signature block below to complete the cer0cadon and sulxn1 N process. 2. Does the public have access to Information about the compensation of the executhes in your business or organization(including parent organization,all branches, and all affiliates worldwide) through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d))Section 6104 of the Internal Revenue Code of 198P Yes❑ No❑ if the answer to Question 2 Is"Yea,"move to the signature black below to complete the cerdficatlon and submittal process.[Note:Securities Exchange Commission Information should be accessible at httpNwww:sec.govlanswerslexecornp.htm.Requests for Internal Revenue Service(IRS)Information should be directed to the local IRS for further assistance.] E the answer to Question 2 Is"Nap FFATA reporting ie.r+aquired.Provikle the Information required In the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the"Total Compensation"for the five(6)mast highly compensated"Executives",in rank order,In your organization.For purposes of this request,the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: :gM&ML f;Is defined as"officers,managing partners,or other employees in management positione. "Total CoMREWation'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 roWgMzed for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004)(FAS 123R), Shared Based Payments. III, Earnings for services under non-equity Incentive plans.This does not Include group life,health, hospitalization or medical reimbursement plans that do not discriminate In favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This Is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. A. 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. 62 662 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion �1 Rank e_._�..�. TahlCon"nsaGon (Highest to Name for Most Recently Lowest --jL"t FlmL MIS .__ _., w. Title Com hbd FbmI Year s THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW,THE INFORMATION PROVIDED HEREIN IS ACCURATE, { NAME AND TITLE: TINA ROAN,SENIOR DIRECTOR BUDGET AND FINANCE DATE: a. 63 663 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix 11 to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions, 64 664 The Division provides the following list of sample provisions that may be required: OMB Guklance Pt. 200,App. If (D)Davis-Bacon Act,as amended(40 U.S.C. materials or articles ordinarily available on 31414149).When required by Federal program the open market, or contracts for transpor- looslat,ton, all prime construction oonLracts tation or Umnsnalsslon of intelligence, In excess of aOOO awarded by non-Federal (P) Rights to Inventions Made Under a entities must include a provision for compli- Contract or Agreement,If the Federal award ance with the Davis-Bacon Act (40 U,S.C. meats the definition of"funding agreement" 3141-3144, and 3146-3148) as supplemented by under 37 CPR f401.2(a)and the recipient or Department of Labor regulations (29 CPR subrociplent wishes to enter into a contract Part 5, "Labor Standard[s. Provisions Appli- with a small business firm or nonprofit orga• cable to Contracts Covering Federally FI- nIzation regarding the substitution of par• nanood and Assisted Construction"). In ac- ties, assignment or performance of experi- cordance with the statute, contractors must mental, developmental, or research work be required to pay wages to laborers and me- under that"funding agreement," the roolpt- chanics at a rate not low than the pmvajliug ant or sabrociplant must comply with the re- wages specified in a wage determination quiroments of 37 OPR Part 401,"Rights to In. made by the Secretary of Labor.In addition. ventions Made by Nonprofit Organizations contractors mnst be required to pay wages and Small Business Firms Under Clovern- not loss than once a weak. The non-Federal ment Grants, Oontracts and Cooperative entity must place a copy of the current pro- Agreements,"and any implementing ragula- valling wage doterm=tjon Issued by the Do- Lions issued by the awarding agency. partmant of Labor In each solicitation. The (G)Clean Air Act(42 U.S.C.74017671q.)and decision to award a contract or subcontract the Federal Water Pollution Control Act(33 must be conditioned upon the&rzoptanco of U,3,0. 1251-130),as amended--Contracts and the wage datormination,11te non-Federal on- subgrantis of amounts In excess of $150,000 t1t.y must report all =Wtod or reported must contain a provision that roqwros the violations to the Federal awarding agency, non-Podaral award to agree to comply with The contracts must also include a provision all applicable standards. orders or ragu]&- for oompliance with the Copeland "Anti- dons issued pursuant to the Clean Air Act Kickback" Act (40 U.S.C. 3146). as supple- (42 U.S.C. 74017VIq) and the Federal Water mented by Department of Labor regulations Pollution Control Act as amended(33 U.S,C. (29 CPR Put 2, "Contractors and Sub- 12fr1-1387).Violations must be reported to the contractors on Public Building or Public Poderal awarding agency and the Regional Work Financed In Whole or in Part by Loam Office of the Environmental Pr otoction or Grants from the United States"),The Act Agency(EPA). provides that each contractor or sub- (11) Mandatory standards and policies re- recipient must be prohibited from Inducing, lating to energy efficiency which are con- by any means, any person employed in the tainod in the state energy conservation plan construction,complohon,or repair of public Issued In compliance with the Energy Policy work, to give up any part of the compensa- and Conservation Act(42 U.S.C.6201). Lion to which he or she is otherwise entitled. (1) Debarment and Suspension (Executive The non-Federal entity must report all sus- Orders 12149 and I.M —A contract award pectod or reported violations to the Federal (sea 2 CPR 190.220)must not be made to par. awarding agency. tios listed on the governmantwido Excluded (R) Contract Work Hours and Safety Parties List System in the System for Award Standards Act (40 U.S.C. 3701-MOR), Where Management(SAM), in accordance with the applicable,all contracts awarded by the non- OMB guidelines at 2 CPR 180 that implement Fedora) entity in excess; of$100,000 that in- Executive Orden MQ (3 CPR Part 1986 volve the employment of mechanics or labor- Camp.. p. 189) and LM (3 GYR Put IM ors must include a provision for compliance Comp..p.235),"Debarmont and Suspension." with 40 U.S.C,3702 and M,as supplamentAd The Excluded Parties List System in SAM by Department of Labor rogulatlons(29 CPR contains the names of parties debarred,sus- Part 5). Under 40 U.S.C.=of the Act,each pended,or otherwise excluded by agencies.as contractor must be required to c-ornputo the well as parties declared ineligible under stair wages of every mechanic and laborer on the utory or regulatory authority other than Ex- basis of a standard work week of 40 hours. ocutive Order 12549. Work in excess of the standard work week is (J) Byrd Anti-Lobbying Amendment (31 permissible provided that the worker is oom- U.S.C. 1252)—Contractors that apply or bid ponsatad at a rate of not less than one and a for an award of 91W.000 or more must file the half Umos the basic rate of pay for all hours required certification. Pact tier certifies to worked in excess of 40 hours in the work the tier above that It will not and has not week_rho requirements of 40 U.S.C.TM are used Federal appropriated funds to pay any applicable to construction work and provide person or organization for Influencing or at- that no laborer or mechanic must be re- tempting to Influence an officer or employee quired to work In surroundings or under of any agency,a member of Congress,omoor working conditions which are unsanitary, or employee of Congress,or an employee of a hazardous or dangerous.These requirements member of Congress in connection with ob- do not apply W the purchases of supplies or taining any Federal contract, grant or any 195 665 Pt.200,App.11j 2 CFR Ch.11(1-1-14 EdMorl) other award covered by 31 U.8,13. 1362, PAch (1) Spnnmared research means all research tier must also disclose any lobbying with and development activities that are spon- non-Faderal Hinds that takes place in con- sorod by Federal and non-Poderal agencies noction with obtaining any Federal award. and organizations,This term includes aotivi- Such disclosures are forwarded from tier to Was involving the training of Individuals in tier up to the non-Poderal award, research techntgnes (commonly called re- (K) See 12b0.= Procurement of recovered search training)where such activities uLUlw materials. the same facilities as other research and do- velopment activities and where such activl- APPENDix III TO PART 200—INDuLwr ties are not included In the instruction tuna (F&A) CO&M IDENTIFICATION AND tion. AssICNmENT, Am RATE DYr=miNA- (2) University research means all research TION FOR INSTnUnONB OF HIGiIRR and development activities that are sepa- EDUCATION(IIiF.B) rately budgeted and accounted for by the in- stituUon under an internal application of in- A.Qmnu Al, stitutional !finds. University research. for This appendix provides criteria for identt- pis of this document, must be corn- fying and computing indirect (or Indirect blued with sponsored research under the (P&A)) rates at IHEs(institutions). Indirect fanotlon of orgaalmd research. (P&A) costs are those that are Inenrred for e•OW7 sponsored activiffa means programs common or joint objectives and therefore and projects financed by Federal and non- cannot be Identinod readily and specifically Federal agencies and organisations which In- with a particular sponsored project, an in- volvo the performance of work other than in- structional activity, or any other Instltu• strucLion and organized research. Examples UonAl activity. See subsection B,i, Donni. of such programs and projoots are health Lion of Facilities and Adininlstratlon, for a service projects and community service pro- discussion of the components of indirect grams,However,when any of these activities (P&A)costs. are undertaken by the institution without outside support, they may be classified as 1.Major Puntxtons of on Institution other institutional activities. Rotors to lnstructlon, organised research, d Other institutional actfufties n aans all ae- ether sponsored sotivtties and other instttu= tivldos of an Instltutiou except for Instruct ttonal activities as dennod in this section,, tear, departmental search, organized re- a,. Instruction means the teaching and search,and other sponn sored activities,as de training activities of an Institution, Except fined in this section;indirect(P&A)cost ac- for research training as provided in'sub- tivitles identified in this Appendix para- section b,this term includes all teaching and graph 13.Identification and assignment of In- training activities, whether they are offered direct (MA) costs: and specialized services for credits toward a degree or certificate or facilities described in 1200.468 Specialized on a non-credit basis, and whether they are service facilities of this Part. offered through regular academic depart- Elxampleo of other Institutional activities mints or separate divisions, such as a sum- include operation of residence balls, dining mer school division or an extension division, halls, hospitals and clinics, student unions. Also considered part of this major function intercollegiate aLhlotles,bookstores,faculty are departmental research, and, where housing, student apartments, guest houses, wood to,university march. chapels.theaters,public museums,and other (1)Sponsored trutrucoon and trointng means similar auxiliary enterprises.This definition specific Instructional or training activity es- also Includes any other categories of acUvt- tableshod by grant, contract, or cooperative ties, costs of which ace "unallowable" to agreamont. For purposes of the west prin- Federal awards, unless otherwise indicated ciples, this activity may be considered a In an award. major function oven though an Institution's 2.Oriterla for Distribution accounting treatment may Include It in the instruction function, a, Base period. A Hass period for destrebu- (2) Deporbnerual research means research, teon of Indirect (P&A) costs Is the period development and scholarly activities that during which the oosts are incurred, The are not organized research and, con- base period normally should coincide with sequently, are not separately budgeted and the fiscal year established by the Institution, accounted for. Departmental research. for bet In any event the base period should be so purpose of this document, is not considered selected as to avoid inequities in the dls- as a major function, but as a part of the in- tribution of costs. struction function of the institution, b. Need for cast groupings. The overall ob- b. Organtaed research means MI research jective of the Indirect(F&A)cost allocation and developm out activities of An Institution process is to distribute the Indirect (F&A) that are separately budgeted and accounted costs described in Section B. Identification for,It includes: and assignment of indirect (P&A) costs, to 196 666 _ Page 1 of 2 A� CERTIFICATE OF LIABILITY INSURANCE DATE 07/03/20019(MMIDDN ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis of Florida, Inc. c/o 26 Century Blvd PHE . 1-877-945-7378 FAC ON No: 1-888-467-2378 P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC# INSURERA: Allied World Surplus Lines Insurance Compa 24319 INSURED INSURERS: Berkshire Hathaway Homestate Insurance Com 20044 Guidance/Care Center, Inc. PO Box 94738 INSURER C: Las Vegas, NV 891934738 USA INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W11965825 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLITYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MM�DY/YEYYY MMIDD//YYYY LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE a OCCUR DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ A MED EXP(Any one person) $ 20,000 Y 5088-0878-00 07/01/2019 07/01/2020 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000 POLICY❑PRO � JECT LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 E ccident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED y 5091-0193-00 07/01/2019 07/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE 5090-0223-00 07/01/2019 07/01/2020 AGGREGATE $ 2,000,000 DED I X I RETENTION$10,000 $ WORKERS COMPENSATION OT - AND EMPLOYERS'LIABILITY STATUTE ERH YIN )( B ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? No NIA WEWC010197 02/26/2019 02/26/2020 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab. 5088-0878-00 07/01/2019 07/01/2020 Each Occurrence $1,000,000 Aggregate $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additi Remarks Sched e,maybe attached if more space is required) &TE R V EMEM' SEE ATTACHED �� VJ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE Attn: Risk Management 1100 Simonton Street Key West, FL 33040 OO 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD sR ro: 18199640 enrce: 1269537 667 AGENCY CUSTOMER ID: LOC AC"REP ADDITIONAL REMARKS SCHEDULE Page 2 of 2 11h.� AGENCY NAMED INSURED Willis of Florida, Inc. Guidance/Care Center, Inc. PO Box 94738 POLICY NUMBER Las Vegas, NV 891934738 USA See Page I CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Monroe County Board of County Commissioners is Additional Insured under the General Liability and Automobile Liability as required by written contract. INSURER AFFORDING COVERAGE: Allied World Surplus Lines Insurance Company NAIC#: 24319 POLICY NUMBER: 5088-0878-00 EFF DATE: 07/01/2019 EXP DATE: 07/01/2020 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Abuse & Molestation Per Occurrence $1,000,000 Aggregate $3,000,000 ACORD 101 (2008101) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 18199640 BATCH: 1269537 CERT: W11965825 668 WESTFOU-01 SE72DWILLIAMS DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 6/30/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Deidre Williams NAME: AssuredPartners,Lake Mary PHONE FAX 300 Colonial Center Parkway,Suite 270 (A/C,No,Ext): (A/C,No): Lake Mary,FL 32746 E-MAIL deedee.williams@assuredpartners.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Allied World Surplus Lines Insurance Company 24319 INSURED INSURER B:Vanta ro Specialty Insurance Company 44768 Guidance Care Center Inc. INSURER C:Berkshire Hathaway Homestate 20044 PO Box 94738 INSURER D: Las Vegas,NV 89193-4738 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR 5088087803 7/1/2022 7/1/2023 DAMAGE TO RENTED 1 000��� PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PRO- 1:1 3,000,000 POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 5091019303 7/1/2022 7/1/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE 5090022303 7/1/2022 7/1/2023 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER WEWC317351 3/1/2022 3/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liabili 5088087803 7/1/2022 7/1/2023 Aggregate 3,0009000 A Professional Liabili 5088087803 7/1/2022 7/1/2023 Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is Additional Insured under the General Liability and Automobile Liability as required by written contract. A PS V .. ,,- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reser669 The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:WESTFOU-01 SE72DWILLIAMS LOC#: 1 C" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Guidance Care Center Inc. Assured Partners, Lake Mary PO Box 94738 POLICY NUMBER Las Vegas,NV 89193-4738 SEE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages/Policies: Coverage: Workers Compensation Insurance Carrier: Berkshire Hathaway Homestate Insurance Company Effective: 02/26/2022 to 03/01/2022 Policy#WEWC316778 Limits: $1,000,000 EL Each Accident $1,000,000 EL Disease Each Employee $1,000,000 EL Disease-Policy Limit Coverage: Cyber Liability INSURER AFFORDING COVERAGE: Houston Casualty Company POLICY NUMBER: H21NGP210771-01 EFF DATE: 09/21/2021 EXP DATE: 09/21/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Network Security Liability Per Claim: $5,000,000 Aggregate: $5,000,000 Coverage: Abuse&Molestation INSURER AFFORDING COVERAGE: Allied World Surplus Lines Insurance Company POLICY NUMBER: 5088-0878-02 EFF DATE: 07/01/2021 EXP DATE: 07/01/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Abuse&Molestation Per Occurrence $1,000,000 Aggregate $3,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 670