HomeMy Public PortalAbout2024 -Complete_with_DocuSign_6a_48O1948-PSA_-_CAContract No. 2024-04B Page 1 of 21
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
C.A.P. GOVERNMENT, INC.
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2024 (the “Effective Date”), by and between the VILLAGE OF
KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the “Village”), and C.A.P.
GOVERNMENT, INC., a Florida corporation (hereinafter, the “Contractor”).
WHEREAS, the Village desires building examination and inspection services
(the “Services”) on an as-needed basis, all as set forth in the Scope of Services attached hereto as
Exhibit “A”; and
WHEREAS, on December 14, 2023, the Village issued Request for Proposal No. 2024-04
(the “RFP”) for the Services, which RFP is incorporated herein by this reference; and
WHEREAS, the Contractor submitted a Proposal, attached hereto as Exhibit “B,” in
response to the RFP; and
WHEREAS, on April 9, 2024, the Village Council adopted Resolution No. 2024-21,
selecting the Contractor (among others) to provide the Services and authorizing the Village
Manager to negotiate and execute an agreement with the Contractor; and
WHEREAS, Compensation for the Services provided by the Contractor shall be in
accordance with the Rate Schedule attached hereto as Exhibit “C”; and
WHEREAS, the Village desires to engage the Contractor to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the Village agree as follows:
1. Scope of Services.
1.1. The Contractor shall provide the Services and provide deliverables for various projects of
the Village (each a “Project”), as requested by the Village and detailed in a “Statement of
Work” which the Village will provide to the Contractor when engaging the Contractor to
work on a specific Project. The Contractor shall abide by and perform the Services for
each Project in accordance with the RFP, the Scope of Services, attached hereto as
Exhibit “A,” and the Proposal, attached hereto as Exhibit “B,” which exhibits are
incorporated herein by this reference.
1.2. The Contractor will provide the Village with a fixed lump sum cost to provide the Services
for a specific Project prior to commencement of the Services, as set forth in a Statement
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of Work calculated using the rates set forth in the Rate Schedule attached hereto as
Exhibit “C.”
1.3. If the Village approves the fixed lump sum cost for a Project, the Village will provide the
Contractor with a Notice to Proceed to perform the Services as set forth in the Statement
of Work. The Contractor must obtain a Notice to Proceed from the Village on each Project
prior to performing any Services for any Project.
1.4. The Contractor shall furnish all reports, documents, and information obtained pursuant to
this Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the Village.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through three years thereafter,
unless earlier terminated in accordance with Paragraph 8. Additionally, the Village
Manager may renew this Agreement for two additional one-year periods on the same terms
as set forth herein upon written notice to the Contractor.
2.2. Contractor agrees that time is of the essence and Contractor shall complete the Services
within the timeframes set forth in the Statement of Work and the Notice to Proceed for
each Project in the manner provided in this Agreement, unless extended by the Village
Manager.
3. Compensation and Payment.
3.1. Compensation for Services provided by the Contractor shall be in accordance with the
approved fixed lump sum set forth in the Statement of Work or Notice to Proceed for each
Project, which shall be based on the rates provided in the Rate Schedule attached hereto
as Exhibit “C.”
3.2. Contractor shall deliver an invoice to Village no more often than once per month detailing
Services completed and the amount due to Contractor under the Statement of Work for each
project. Fees shall be paid in arrears each month, pursuant to Contractor’s invoice, which
shall be based upon the percentage of work completed for each Statement of Work. The
Village shall pay the Contractor in accordance with the Florida Prompt Payment Act after
approval and acceptance of the Services by the Village Manager.
3.3. Contractor’s invoices must contain the following information for prompt payment:
3.3.1. Name and address of the Contractor;
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4. Date of invoice;
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3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
3.3.6. Name and type of Services;
3.3.7. Timeframe covered by the invoice; and
3.3.8. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection of
the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov.
4. Subcontractors.
4.1. The Contractor shall be responsible for all payments to any subcontractors and shall
maintain responsibility for all work related to the Services.
4.2. Contractor may only utilize the services of a particular subcontractor with the prior written
approval of the Village Manager, which approval may be granted or withheld in the
Village Manager’s sole and absolute discretion.
5. Village’s Responsibilities.
5.1. Village shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the Village,
and provide criteria requested by Contractor to assist Contractor in performing the
Services.
5.2. Upon Contractor’s request, Village shall reasonably cooperate in arranging access to
public information that may be required for Contractor to perform the Services.
6. Contractor’s Responsibilities; Representations and Warranties.
6.1. The Contractor shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a Contractor under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Contractor’s Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to Village
requests, the Contractor shall at Contractor’s sole expense, immediately correct its
Deliverables or Services.
6.2. The Contractor hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for Village as an independent contractor of the Village. Contractor further warrants
and represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
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6.3. The Contractor represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Contractor have been duly authorized, and this Agreement is binding on Contractor and
enforceable against Contractor in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Contractor shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the Village.
8. Termination.
8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar
days’ written notice to the Contractor, or immediately with cause.
8.2. Upon receipt of the Village's written notice of termination, Contractor shall immediately
stop work on the project unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Village, the Contractor shall be paid for all work
accepted by the Village Manager up to the date of termination, provided that the
Contractor has first complied with the provisions of Paragraph 8.4.
8.4. The Contractor shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the Village, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
9. Insurance.
9.1. Contractor shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or
better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the Village, its officials, employees,
agents, and volunteers naming the Village as additional insured. Any insurance maintained
by the Village shall be in excess of the Contractor’s insurance and shall not contribute to
the Contractor’s insurance. The insurance coverages shall include at a minimum the
amounts set forth in this section and may be increased by the Village as it deems necessary
or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Contractor. The General Aggregate Liability limit
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and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Contractor shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village,
reflecting the Village as an Additional Insured (except with respect to Professional
Liability Insurance and Worker’s Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by Village and
prior to commencing Services. Each certificate shall include no less than (30) thirty-day
advance written notice to Village prior to cancellation, termination, or material alteration
of said policies or insurance. The Contractor shall be responsible for assuring that the
insurance certificates required by this Section remain in full force and effect for the
duration of this Agreement, including any extensions or renewals that may be granted by
the Village. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village reserves the right to inspect and
return a certified copy of such policies, upon written request by the Village. If a policy is
due to expire prior to the completion of the Services, renewal Certificates of Insurance
shall be furnished thirty (30) calendar days prior to the date of their policy expiration.
Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days’ written notice shall be provided to the Village before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval
of the Village.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the Village is to be specifically included as an Additional
Insured for the liability of the Village resulting from Services performed by or on behalf
of the Contractor in performance of this Agreement. The Contractor’s insurance,
including that applicable to the Village as an Additional Insured, shall apply on a primary
basis and any other insurance maintained by the Village shall be in excess of and shall not
contribute to the Contractor’s insurance. The Contractor’s insurance shall contain a
severability of interest provision providing that, except with respect to the total limits of
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liability, the insurance shall apply to each Insured or Additional Insured (for applicable
policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the Village. The Contractor shall be responsible for the payment
of any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Contractor shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Contractor shall indemnify and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Contractor’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Contractor and third parties made pursuant to this
Agreement. Contractor shall reimburse the Village for all its expenses including
reasonable attorneys’ fees and costs incurred in and about the defense of any such claim
or investigation and for any judgment or damages arising from Contractor’s performance
or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The Village is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
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service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the Village which are conceived, developed or made by Contractor during the term of this
Agreement (“Work Product”) belong to the Village. Contractor shall promptly disclose
such Work Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Contractor agrees to keep and maintain public records in Contractor’s possession
or control in connection with Contractor’s performance under this Agreement. The Village
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Contractor involving transactions related to this
Agreement. Contractor additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the Village.
16.3. Upon request from the Village’s custodian of public records, Contractor shall
provide the Village with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
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16.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the Village.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Contractor
shall be delivered by the Contractor to the Village Manager, at no cost to the Village,
within seven (7) days. All such records stored electronically by Contractor shall be
delivered to the Village in a format that is compatible with the Village’s information
technology systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Contractor shall destroy any and all duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements.
16.6. Any compensation due to Contractor shall be withheld until all records are received
as provided herein.
16.7. Contractor’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Jocelyn B. Koch
Mailing address: 88 West McIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: jkoch@keybiscayne.fl.gov
17. Nonassignability. This Agreement shall not be assignable by Contractor unless such
assignment is first approved by the Village Manager. The Village is relying upon the apparent
qualifications and expertise of the Contractor, and such firm’s familiarity with the Village’s
area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
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19. Independent Contractor. The Contractor and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the Village with respect
to all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Contractor warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Contractor, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. Conflicts; Order of Priority. This document without exhibits is referred to as the “Base
Agreement.” In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
27.1. First Priority: Exhibit “D,” FEMA Contract Provisions Guide;
27.2. Second Priority: Base Agreement;
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27.3. Third Priority: Exhibit “A,” Scope of Services;
27.4. Fourth Priority: RFP No. 2024-04;
27.5. Fifth Priority: Exhibit “C,” Rate Schedule; and
27.6. Sixth Priority: Exhibit “B,” Contractor’s Proposal.
28. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires
all contractors doing business with the Village to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The Village will not enter
into a contract unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please
visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-
in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read
Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by
Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits
from subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
29. Federally Required Clauses. In the performance of all Services under this Agreement, the
Contractor shall adhere to (1) the FEMA Guidelines, including the FEMA Public Assistance
Program and Policy Guide (PAPPG) (as may be amended or superseded), (2) the contract
provisions listed under 2 CFR Part 200, Appendix II, and (3) all applicable contract provisions
and guidance in the FEMA Contract Provisions Guide, as may be amended from time to time
and which is attached hereto as Exhibit “D.” The Contractor shall comply with the following
terms and provisions during the performance of the Services:
29.1. Equal Employment Opportunity. During the performance of this Agreement, the
Contractor agrees as follows:
29.1.1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall 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.
29.1.2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
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29.1.3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing,
or action, including an investigation conducted by the employer, or is consistent with
the Contractor's legal duty to furnish information.
29.1.4. The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the said labor union or workers' representatives of the
Contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
29.1.5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
29.1.6. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
29.1.7. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
29.1.8. The Contractor will include the portion of the sentence immediately preceding
subsection 29.1 and the provisions of subsections 29.1.1 through 29.1.8 in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
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The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally
assisted construction work: Provided, That if the applicant so participating is a State
or local government, the above equal opportunity clause is not applicable to any
agency, instrumentality or subdivision of such government which does not participate
in work on or under the contract.
The applicant 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.
The applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with
a Contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such applicant;
and refer the case to the Department of Justice for appropriate legal proceedings.
29.2. Compliance with the Davis-Bacon Act. As applicable, during the performance of
this Agreement, the Contractor agrees as follows:
a. All transactions regarding this contract shall be done in compliance with the
Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of
29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C.
3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are required to pay wages to laborers and mechanics at a rate
not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor.
c. Additionally, Contractors are required to pay wages not less than once a
week.
29.3. Compliance with the Copeland “Anti-Kickback” Act. As applicable, during the
performance of this Agreement, the Contractor agrees as follows:
a. Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
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b. Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime Contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
c. 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.
29.4. Compliance with the Contract Work Hours and Safety Standards Act. As
applicable, during the performance of this Agreement, the Contractor agrees as follows:
29.4.1. Overtime requirements. The Contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall not require nor permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
29.4.2. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in subsection 29.4.1. of this section the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, the Contractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in subsection 29.4.1. of this
section, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in 29.4.1. of
this section.
29.4.3. Withholding for unpaid wages and liquidated damages. The Village shall upon its
own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same prime Contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same prime Contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subsection 29.4.2. of this
section.
29.4.4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in subsections 29.4.1 through 29.4.4. of this section and a clause
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requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime Contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in subsections 29.4.1. through
29.4.4. of this section.
29.5. Rights to Inventions Made under this Agreement.
29.5.1. As applicable, if the Contractor is engaged for the performance of experimental,
developmental, or research, the Contractor’s work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with
37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the Federal Government.
29.6. Clean Air Act and Federal Water Pollution Control Act. As required by Federal
program legislation, the Contractor agrees to comply with the following federal
requirements:
29.6.1. Clean Air Act.
29.6.1.1. The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. (2)
29.6.1.2. The Contractor agrees to report each violation to the Village and
understands and agrees that the Village will, in turn, report each violation as
required to assure notification to the State of Florida, Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
29.6.1.3. The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
29.6.2. Federal Water Pollution Control Act.
29.6.2.1. The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
29.6.2.2. The Contractor agrees to report each violation to the Village and
understands and agrees that the Village will, in turn, report each violation as
required to assure notification to The State of Florida, Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
29.6.2.3. The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
29.7. Suspension and Debarment. During the performance of this Agreement, the
Contractor agrees as follows:
29.7.1. 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, and will, verify that neither Contractor,
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its principals (defined at 2 C.F.R. § 180.995), nor 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).
29.7.2. The Contractor will comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters.
29.7.3. Contractor’s certification is a material representation of fact relied upon by the
Village. 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 State of Florida, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
29.7.4. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period this Agreement. The
Contractor further agrees to include a provision requiring such compliance in its
lower-tier covered transactions.
29.8. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). During the
performance of this Agreement, the Contractor agrees as follows:
29.8.1. The Contractor certifies to the Village that it has not and will not use 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. The required Certification is attached to this Agreement.
29.8.2. Contractor will also ensure that each tier of subcontractor(s) shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures will be forwarded from tier-to-tier up to the Village.
29.9. Procurement of Recovered Materials. As required by federal program
legislation, Contractor agrees to the following:
29.9.1. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired:
29.9.1.1. competitively within a timeframe providing for compliance with the
contract performance schedule;
29.9.1.2. meeting contract performance requirements; or
29.9.1.3. at a reasonable price.
29.9.2. Information about this requirement, along with the list of EPA-designate items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
29.9.3. The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
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29.10. DHS Seals, Logos, and Flags. The Contractor shall not use the DHS seal(s), logos,
crests, or reproductions of flags or likenesses of DHS agency officials without specific
FEMA pre-approval.
29.11. Compliance with Federal Law, Regulations, and Executive Orders. The
Contractor acknowledges that FEMA financial assistance will be used to fund the contract
only. The Contractor will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
29.12. No Obligation by Federal Government. Contractor acknowledges that the
Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter
resulting from the contract.
29.13. Program Fraud and False or Fraudulent Statements or Related Acts. The
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor actions pertaining to this Agreement.
29.14. Access to Records.
29.14.1. The Contractor agrees to provide the State of Florida, the Village, the
FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records of
the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
29.14.2. The Contractor agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
29.14.3. The Contractor agrees to provide the FEMA Administrator or his
authorized representatives access to construction or other work sites pertaining to the
work being completed under the contract.
29.14.4. In compliance with the Disaster Recovery Act of 2018, the Village and the
Contractor acknowledge and agree that no language in this Agreement is intended to
prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
29.15. Affirmative Socioeconomic Steps/Small and Minority Businesses, Women’s
Business Enterprises.
29.15.1. Contractor shall comply with 2 C.F.R. § 200.321, “Contracting with small
and minority businesses, women’s business enterprises, and labor surplus area firms.”
29.15.2. If subcontracts are to be let, the Contractor is required to take all necessary
steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority
businesses, women’s business enterprises, and labor surplus area firms are used when
possible.
29.16. Change or Modification. To be eligible for FEMA assistance under a FEMA grant
or cooperative agreement, the cost of a change, modification, change order, or constructive
change must be allowable, allocable, within the scope of the grant or cooperative
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agreement, and reasonable for the completion of the project scope. Accordingly, the
Contractor shall comply with the following:
29.16.1. Without invalidating the Agreement, Village reserves and shall have the right,
from time to time to make such increases, decreases or other changes in the character
or quantity of the work as may be considered necessary or desirable to fully and
properly complete the project in a satisfactory manner in accordance with the scope
of the FEMA grant or cooperative agreement. Any extra or additional work within
the scope of this Agreement must be accomplished by means of appropriate Field
Orders or Change Orders.
29.16.2. The Village shall have the right to approve and issue Field Orders setting forth
written interpretations of the intent of the project documents and ordering minor
changes in work execution, providing the Field Order involves no change in the
Agreement Price or the Agreement Time.
29.16.3. Changes in the quantity or character of the Work or Services within the scope of
the Project which are not properly the subject of Field Orders, including all changes
resulting in changes in the Agreement Price, or the Agreement Time, shall be
authorized only by Change Orders approved in advance and issued in accordance with
the provisions of Village’s Procurement Code, as amended from time to time.
29.17. Remedies. Village confirms that it is entitled to exercise all administrative,
contractual, or other remedies permitted by law to enforce Contractor’s compliance with
the terms of this Agreement, except to the extent expressly provided otherwise by this
Agreement.
29.18. Prohibition on Contracting for Covered Telecommunications Equipment or
Services. If applicable, the Contractor shall agree as follows:
29.18.1. The Village and the Contractor must comply with the Section 889(b)(1) of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019
NDAA) and 2 C.F.R. 200.216, which prohibits the obligation or expending of federal
award funds on certain telecommunication products or from certain entities for
national security reasons. Towards that end, the Contractor shall ensure that the
Contractor and its subcontractors do not:
29.18.2. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment of services as a substantial or essential component of
any system, or as critical technology of any system;
29.18.3. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as substantial
or essential component of any system or as critical technology of any system; or
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29.18.4. Enter into, extend or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system.
Additional information, including definitions for this requirement can be found in FEMA
Policy 405-143-1. Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services (Interim).
29.19. Domestic Preference for Procurements. As appropriate, and to the extent
consistent with law, the Contractor should, to the greatest extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and
other manufactured products. For purposes of this clause:
29.19.1. Produced in the United States means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
29.19.2. Manufactured products mean items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
29.20. License and Delivery of Works Subject to Copyright and Data Rights. If
applicable, the Contractor shall agree as follows:
29.20.1. The Contractor grants to the Village, a paid-up, royalty-free, nonexclusive,
irrevocable, worldwide license in data first produced in the performance of this
contract to reproduce, publish, or otherwise use, including prepare derivative works,
distribute copies to the public, and perform publicly and display publicly such data.
For data required by the contract but not first produced in the performance of this
contract, the Contractor will identify such data and grant to the Village or acquires on
its behalf a license of the same scope as for data first produced in the performance of
this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or
source code, music, choreography, pictures or images, graphics, sculptures, videos,
motion pictures or other audiovisual works, sound and/or video recordings, and
architectural works. Upon or before the completion of this contract, the Contractor
will deliver to the Village data first produced in the performance of this contract and
data required by the contract but not first produced in the performance of this contract
in formats acceptable by the Village.
29.21. Safeguarding of Sensitive Information and Information Technology Security
and Privacy Training.
29.21.1. Applicability. This clause is applicable when the Contractor has access to
sensitive information or the Contractor’s IT system as defined in the agreement that are
used to input, store, process, output and/or transmit sensitive data. If applicable, this clause
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shall apply to the Contractor, its subcontractors, and Contractor employees (hereafter
referred to collectively as “Contractor”). The Contractor shall insert the substance of this
clause in all subcontracts.
29.21.2. Definitions. As used in this clause— “Personally Identifiable Information
(PII)” means information that can be used to distinguish or trace an individual's identity,
such as name, social security number, or biometric records, either alone, or when combined
with other personal or identifying information that is linked or linkable to a specific
individual, such as date and place of birth, or mother’s maiden name. The definition of PII
is not anchored to any single category of information or technology. Rather, it requires a
case-by-case assessment of the specific risk that an individual can be identified. In
performing this assessment, it is important for an agency to recognize that non-personally
identifiable information can become personally identifiable information whenever
additional information is made publicly available—in any medium and from any source—
that, combined with other available information, could be used to identify an individual.
PII is a subset of sensitive information. Examples of PII include, but are not limited to:
name, date of birth, mailing address, telephone number, Social Security number (SSN),
email address, zip code, account numbers, certificate/license numbers, vehicle identifiers
including license plates, uniform resource locators (URLs), static Internet protocol
addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic
facial images, or any other unique identifying number or characteristic, and any
information where it is reasonably foreseeable that the information will be linked with other
information to identify the individual.
(a) Sensitive Information, as used in this clause, means any information, which if lost,
misused, disclosed, or, without authorization is accessed, or modified, could adversely
affect the national or homeland security interest, the conduct of Federal programs, or the
privacy to which individuals are entitled under section 552a of title 5, United States Code
(the Privacy Act), but which has not been specifically authorized under criteria established
by an Executive Order or an Act of Congress to be kept secret in the interest of national
defense, homeland security or foreign policy. This definition includes the following
categories of information:
(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical
Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security
Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations
thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII
Procedures Manual, as amended, and any supplementary guidance officially
communicated by an authorized official of the Department of Homeland Security
(including the PCII Program Manager or his/her designee);
(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal
Regulations, part 1520, as amended, “Policies and Procedures of Safeguarding and
Control of SSI,” as amended, and any supplementary guidance officially
communicated by an authorized official of the Department of Homeland Security
(including the Assistant Secretary for the Transportation Security Administration or
his/her designee);
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(3) Information designated as “For Official Use Only,” which is unclassified
information of a sensitive nature and the unauthorized disclosure of which could
adversely impact a person's privacy or welfare, the conduct of Federal programs, or
other programs or operations essential to the national or homeland security interest;
and
(4) Any information that is designated “sensitive” or subject to other controls,
safeguards or protections in accordance with subsequently adopted homeland security
information handling procedures.
(b) “Information Technology Resources” include, but are not limited to, computer
equipment, networking equipment, telecommunications equipment, cabling, network
drives, computer drives, network software, computer software, software programs, intranet
sites, and internet sites.
(c) Contractor employees working on this contract must complete such forms as may be
necessary for security or other reasons, including the conduct of background investigations
to determine suitability. Completed forms shall be submitted as directed by the Contracting
Officer. Upon the Contracting Officer's request, the Contractor's employees shall be
fingerprinted, or subject to other investigations as required. All Contractor’s employees
requiring recurring access to Government facilities or access to sensitive information or IT
resources are required to have a favorably adjudicated background investigation prior to
commencing work on this contract unless this requirement is waived under Departmental
procedures.
(d) The Contracting Officer may require the Contractor to prohibit individuals from
working on the contract if the Government deems their initial or continued employment
contrary to the public interest for any reason, including, but not limited to, carelessness,
insubordination, incompetence, or security concerns.
(e) Work under this contract may involve access to sensitive information. Therefore, the
Contractor shall not disclose, orally or in writing, any sensitive information to any person
unless authorized in writing by the Contracting Officer. For those Contractor employees
authorized access to sensitive information, the Contractor shall ensure that these persons
receive training concerning the protection and disclosure of sensitive information both
during and after contract performance.
(f) The Contractor shall include the substance of this clause in all subcontracts at any tier
where the subcontractor may have access to Government facilities, sensitive information,
or resources.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
VILLAGE OF KEY BISCAYNE
By:
Steven C. Williamson
Village Manager
Attest:
By:
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
swilliamson@keybiscayne.fl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
cfriedman@wsh-law.com (email)
C.A.P. GOVERNMENT, INC.
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
Carlos A. Penin, PE
President
C.A.P. Government, Inc.
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Contract No. 2024-04B Exhibit A: Scope of Services
EXHIBIT A
SCOPE OF SERVICES
SECTION 2. PROJECT DESCRIPTION
2.1 DESCRIPTION:
The purpose of this RFP is to contract with a firm for building and examination services. The qualified
contractor is to submit a proposal to provide inspection and plan examination services (structural,
building, electrical, plumbing, roofing, mechanical, zoning, landscaping, fire, public works, and code
compliance officers) on as-need basis at the request of the Village.
2.2 SCOPE OF SERVICES
It is the Village's intent and purpose to secure qualified and experienced firms to provide the Village with
Professional Building Examination and Inspection Services.
The Contractor shall furnish such services and provide deliverables as required and requested by the
Village's Director of Building, Zoning and Planning Department or his designee, in accordance with the
terms set forth in this RFP.
2.3 REQUIRED INSPECTION AND PLAN EXAMINATION SERVICES
The following list of Services is intended as a general guide and is not intended to be an exhaustive list of
all Services required:
2.3.1 Review and processing of building plans and zoning plans.
2.3.2 Provide code compliance and enforcement services.
2.3.3 Administer the Florida Building Code and all applicable building codes and regulations,
including Village codes and ordinances.
2.3.4 Provide inspection services and clerk functions.
2.3.5 Provide plans reviewers, building code inspectors, project managers, building officials and
code administrators.
2.3.6 Provide damage assessment services as needed after natural disasters; and
2.3.7 Provide Federal Emergency Management Agency ("FEMA") support and documentation.
(as needed).
2.4 QUALIFICATIONS OF PERSONNEL/CERTIFICATION REQUIREMENTS
2.4.1 Inspection and plan examination services shall be conducted under the Village's and all
other federal, state, and local laws, rules, regulations, directives, codes and ordinances.
Inspection-Plan Examination personnel shall be licensed pursuant to Chapter 468, Part
XII, Florida Statutes. Engineers shall be licensed pursuant to Chapter or Chapter 471,
Florida Statutes. Architects shall be licensed pursuant to Chapter 481, Part I, Florida
Statutes. All Contractor's personnel shall be licensed by the Florida Department of
Business Regulation and certified by Miami-Dade County Board of Rules and Appeals as
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Contract No. 2024-04B Exhibit A: Scope of Services
applicable. Code Enforcement Officers shall have at least Florida Association of Code
Enforcement (F.A.C.E.) Level I certification.
2.4.2 All building, structural, electrical, mechanical, plumbing, roofing, inspectors and/ or
examiners must have current, appropriate certification from the State of Florida
Department of Business and Professional Regulation and Miami-Dade County Board of
Rules and Appeals. All public works, zoning, landscaping, and code enforcement officers
must be properly credentialed within their respective industries. Fire plans examiners
and inspectors must be F.S. 633 certified and approved by the Authority Having
Jurisdiction. All inspectors and examiners shall have a valid driver's license in the State of
Florida and be able to pass a background security check relevant to the position. These
minimum requirements must be met at the time of the Response due date.
2.5 RESPONSIBILITIES
Personnel provided by successful bidders will be expected to perform their assigned functions in a manner
that is consistent with the following standards:
2.4.1 Respectful to neighbors, contractors, staff, and supervisors at all times.
2.4.2 Provide Services on behalf of the Village in a professional and courteous manner.
2.4.3 Adhere to the Village's rules and procedures reliably and consistently.
2.4.4 Be able to accept and provide constructive criticism.
2.4.5 Be able to perform their responsibilities successfully, independently, and efficiently in a
diverse work environment with minimal direct supervision.
2.4.6 Be able to work reliably on a regularly scheduled basis during the term of the contract.
2.4.7 Be able to learn to use the Village's computer system effectively within a reasonable time
frame.
2.4.8 Be responsible for maintaining the integrity of and access to confidential information,
especially information maintained on the Village's computer records systems, consistent
with the requirements of the State of Florida Public Records Law requirements, licensing
restrictions, and copyright limitations.
2.4.9 Be able to prepare and record written reports and records of work activities and
accurately log daily activities for Village recordkeeping.
2.4.10 Be able to effectively listen to, understand and provide reliable answers to questions from
owners, contractors, architects, engineers, neighbors, supervisors and co-workers.
2.4.11 Be able to work during normal business hours of 7:30am- 3:30 pm, Monday through
Friday or as agreed upon otherwise with the Village, as well as irregular hours as required
during an emergency or natural disaster.
2.4.12 Be able to safely operate a motor vehicle in the course of their daily assignments; and
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Contract No. 2024-04B Exhibit A: Scope of Services
2.4.13 Be able to work effectively with other Village employees and employees from competing
bidders.
The Village reserves the exclusive right to reject any employee provided by any bidder at any time.
2.6 FEE PROPOSAL
Submit a signed, firm, fixed fee for providing all Services. Contractor must quote firm, fixed, regular and
overtime hourly rates for the following services as EXHIBIT B:
a. Inspectors: Building, Roofing, Electrical, Mechanical, Plumbing, Public Works, Zoning and
Landscaping.
b. Plan Examiners: Building, Structural, Electrical Mechanical, Plumbing, Zoning and Public Works.
c. Building Officials; and
d. Code Compliance and Code Enforcement Officers.
The hourly and overtime rates proposed for each service shall include full compensation for labor, use of
equipment provided by the Contractor, and any other cost to the Contractor. The typical regular hours
are 7:30am- 3:30 pm Monday through Friday, excluding official Village Holidays. No travel time will be
paid for travel to and from offices or homes.
The Village makes no promise of a minimum guaranteed level of work for any successful Contractor(s) in
any of the abovementioned areas.
Firm's vehicle will be identified by a magnetic sign provided by the Village while providing services within
the Village.
END OF SECTION
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Contract No. 2024-04B Exhibit B: Consultant’s Proposal
EXHIBIT B
CONTRACTOR’S PROPOSAL
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Village of Key Biscayne
JANUARY 30, 2024
RFP # 2024-04
Building Inspection
and
Examination Services
Submitted by:
C.A.P. Government, Inc.
343 Almeria Avenue
Coral Gables, FL 33134
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TAB A
REPRESENTATIONS
AND
CERTIFICATIONS
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•Cover sheet
•Proposal Forms
•Exhibit B: Fee Schedule
•Exhibit D: Transition Plan
•Statement of Financial Stability
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
Village of Key Biscayne
Request for Proposal
# 2024-04
For Building Inspection and Examination Services
January 30, 2024
COVER SHEET
C.A.P. Government, Inc.
343 Almeria Avenue
Coral Gables, FL 33134
Tele: (305) 448.1711
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24
SECTION 6. FORMS, AFFIDAVITS, AND ATTACHMENTS
FORM 1
RESPONSE CHECKLIST
Form 1: Response Checklist
Form 2: Addendum Acknowledgment
Form 3: Certificate of Authority (Complete one of the two forms as applicable)
▪ Form 3A: Certificate of Authority (for Corporations or Partnerships)
▪ Form 3B: Certificate of Authority (for Individuals)
Form 4: Proposer’s Statement of Organization
Form 5: References
Form 6: Affidavits
• Form 6A: Single Execution Affidavits
• Form 6B: Independence Affidavit
• Form 6C: Non-Collusion Affidavit
Form 7: Drug Free Workplace
Form 8: Certification to Accuracy of Proposal
Form 9: Scrutinized Companies
Form 10: Public Entity Crimes
Form 11: Dispute Disclosure
Form 12: List of Proposed Subcontractors
Form 16: Insurance and License Certificate
ATTACHMENTS
A: Sample Contract
EXHIBITS
A: Scope of Services
B: Fee Schedule/Price Proposal
C: Certificate of Insurance
ATTACHMENTS
B: Performance Evaluation
C: Certification Regarding Lobbying
D: Super Circular Law & Appendices
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
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FORM 4
PROPOSER’S STATEMENT OF ORGANIZATION
1. Full Name of Proposer:
2. Principal Business Address, Phone and Email Address:
3. Principal Contact Person(s):
4. Form of Proposer (Corporation, Partnership, Joint Venture, Other):
A. If a corporation, in what state incorporated: _______________________________
B. Date Incorporated: ______________________________________________________
C. Federal ID Number (EIN)__________________________________________________
D. If a joint Venture or Partnership, date of Agreement: __________________________
E. Name and address of all partners (state whether general or limited
partnership): _________________________________________________________
F. If other than a corporation or partnership describe, organization and name of
principals. __________________________________________________________
5. Provide names of principals or officers as appropriate and provide proof of the ability of the
individuals so named to legally bind proposer.
Name Title
6. Indicate the number of years’ proposer has had current continual successful experience
performing work of a similar scope relevant to this RFP Agreement. ____________________
7. List all entities participating in this Agreement (including subcontractors if applicable):
Name Address Title
A. _____________________________________________________________________
B. _____________________________________________________________________
C. __________________________________________________________________________
D. _____________________________________________________________________
8. Outline specific areas of responsibility for each entity listed in Question 7.
A. ________________________________________________________________________
B. _________________________________________________________________________
C. _________________________________________________________________________
C.A.P. Government, Inc.
343 Almeria Avenue, Coral Gables, FL 33134
(305) 448-1711
cap@capfla.com
Carlos A. Penin, PE
Corporation
Florida
04/10/1989
65-0121594
Thirty four (34) years
C.A.P. Government, Inc.
Carlos A. Penin, PE President
N/A
343 Almeria Avenue,
Coral Gables, FL 33134
N/A
N/A
N/A
Prime
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29
D. ___________________________________________________________________
9. County or municipal business tax receipt number (attach copies):
County: __________________________________________________________________
Municipal: _________________________________________________________
10. Have you ever failed to complete any work awarded to you?
Yes No _ If yes, attach a separate sheet of explanation.
11. Within the last five years, has any officer or partner of your organization ever been an officer
or partner of another organization that failed to complete an Agreement?
Yes _ No ____ If yes, attach a separate sheet of explanation.
12. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No _ If yes, attach a separate sheet of explanation.
13. Have you, any officer or partner of your organization, or the organization been involved in
any litigation or arbitration against the Village?
Yes No _ If yes, attach a separate sheet of explanation.
14. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or
arbitration against any other Florida public entity?
Yes No _ If yes, attach a separate sheet of explanation.
15. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or
arbitration against any private entity for an amount greater than $100,000?
Yes _ No __ If yes, attach a separate sheet of explanation.
16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or
parent company been charged or indicted for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or
parent company been convicted and/or fined for any criminal activity within the last five
years?
Yes No If yes, attach a separate sheet of explanation.
18. Within the last five years, have you, any officer or partner of your organization, or the
organization been investigated by any local, state, or federal law enforcement agency,
criminal justice agency or inspector general office?
Yes No If yes, attach a separate sheet of explanation.
19. Within the last five years, have you, any officer or partner of your organization, or the
organization communicated with any local, state, or federal law enforcement agency,
criminal justice agency or inspector general office relating to goods or services provided or
performed for any governmental entity?
Yes No If yes, attach a separate sheet of explanation.
x
x
x
x
x
x
x
x
x
x
2252898
7
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LBTLocal Business Tax Receipt
Miami−Dade County, State of Florida
−THIS IS NOT A BILL − DO NOT PAY
BUSINESS NAME/LOCATION
RECEIPT NO.
EXPIRES
Must be displayed at place of business
Pursuant to County Code
PAYMENT RECEIVED
BY TAX COLLECTOR
Chapter 8A − Art. 9 & 10
OWNER SEC. TYPE OF BUSINESS
For more information, visit www.miamidade.gov/taxcollector
The RECEIPT NO. above must be displayed on all commercial vehicles − Miami−Dade Code Sec 8a−276.
This Local Business Tax Receipt only con"rms payment of the Local Business Tax. The Receipt is not a license,
permit, or a certi"cation of the holder’s quali"cations, to do business. Holder must comply with any governmental
or nongovernmental regulatory laws and requirements which apply to the business.
2252898
CAP GOVERNMENT INC 212
EB5344
SEPTEMBER 30, 2024CAP GOVERNMENT INC
343 ALMERIA AVE
CORAL GABLES, FL
33134-5811
Employee(s)
2369544
P.A./CORP/PARTNERSHI
P/FIRM
INT-23-435378
RENEWAL
247.50
55
08/29/2023
9
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5610
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5711
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31
FORM 5
CLIENT REFERENCES
PRINT CLEARLY
REFERENCE #1
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
REFERENCE #2
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
REFERENCE #3
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
City of Aventura
1995 Ongoing
Mr. Ronald J. Wasson
City Manager
(305) 466-8910
jwasson@cityofaventura.com
City of Weston
City Manager
Mr. Donald P. Decker
(954) 385-2000
ddecker@westonfl.org
2005 Ongoing
North Bay Village
Mr. Ralph Rosado
Village Manager
305-756-7171 ext. 24
rrosado@nbvillage.com
2010 Ongoing
12
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REFERENCE #4
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
REFERENCE #5
Name of Company:
Reference Contact Name: _______________________________________________________________
Contact Title: _________________________________________________________________________
Contact Telephone: ____________________________________________________________________
Contact Email: ________________________________________________________________________
Contract Start Date: ____________________ Contract End Date: _____________________________
Village of El Portal
villagemanager@villageelportal.org
Ms. Christia E. Alou
Village Manager
(305) 795.7880
2004 Ongoing
City of Doral
Ms. Barbie Hernandez
City Manager
(305) 593-6697
Barbie.Hernandez@cityofdoral.com
2012 Ongoing
13
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39
FORM 6B
INDEPENDENCE AFFIFAVIT
The undersigned individual, being duly sworn, deposes and says that:
I am of , the proposer that
has submitted the attached proposal;
I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my
household have or have had during the past five years, any relationships (professional, financial,
familial or otherwise) with the VILLAGE (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee.
A “relationship” for the purpose of this affidavit shall include but not be limited to
employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint
venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient
(in excess of $100.00), past or on-going personal relationships, or joint involvement with
charitable/voluntary activities. Relationship includes having a prior or current contract with the
VILLAGE.
Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those
persons residing in my household have received any promise of compensation, remuneration, gift,
discount, or other gratuity in exchange for my proposal.
I understand and agree that I shall give the VILLAGE written notice of any other relationships (as
defined above) that I enter into with the VILLAGE (or any of its districts), its elected or appointed
officials, its employees or agents, or any member or alternate member of the Selection Committee
during the period of the Agreement.
I set forth below any exceptions to the aforementioned (if none, write “None”):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
President C.A.P. Government. Inc.
C.A.P. Government, Inc. has a current contract and has had previous
contracts with the Village of Key Biscayne.
20
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EXHBIT B:
FEE SCHEDULE
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65
EXHIBIT B
VILLAGE OF KEY BISCAYNE
BUILDING INSPECTION AND EXAMINATION SERVICES
PROPOSAL FEE SCHEDULE
NAME OF PROPOSER: ______________________________________________ In response to the
Village’s request for proposal and in compliance with the RFP requirements, the undersigned proposer to
provide all labor, materials, supervision, coordination, related incidentals necessary to provide Building
Inspection and Examination Services located at the Village of Key Biscayne, Florida.
In strict accordance with the Bid Documents dated ________________ including Addenda numbered
__________ through __________, inclusive, for an all-inclusive Base Bid for Building Inspection and
Examination Services includes all incidental costs.
The Contractor understands and agrees that the prices submitted is for the services as indicated in the
Scope of Service, including but not limited to, all labor, materials, equipment and permitting.
NO. POSITION REGULAR
HOURLY RATES
OVERTIME
HOURLY RATES
1. Building Official
2. Plans Examiner
2.a. Building, Electrical, Mechanical, and Plumbing
2.b. Structural
2.c. Zoning and Landscaping
3. Inspector
3.a. Building, Roofing, Electrical, Mechanical, and Plumbing
3.b. Zoning and Landscaping
3.c.
4. Code Enforcement Officer
5. Public Works Permits (Plans Examiner and Inspector)
6. Fire Plan Examiner
7. Fire Inspector
C.A.P. Government, Inc.
01/30/2024
1 1
35
$ 125.00 $ 187.50
$ 110.00 $ 165.00
$ 170.00 $ 250.00
$ 110.00 $ 165.00
$ 90.00 $ 135.00
$ 87.50 $ 131.25
$ 90.00 $ 135.00
$ 100.00 $ 150.00
$ 110.00 $ 165.00
$ 90.00 $ 135.00
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EXHBIT D:
TRANSITION PLAN
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EXHIBIT D – TRANSITION PLAN
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
36
C.A.P. Government, Inc. (CAP) commits to providing Building Inspections and Examination
Services to the Village of Key Biscayne (Village) in the following categories: Building/Structural;
Mechanical, Electrical, and Plumbing; Fire; Roofing; Code Enforcement; Zoning; Public Works;
and Landscaping.
Transition Team
To ensure the highest degree of service and continuity, we have assigned a Transition Team.
Execution and implementation will be led by our Transition Director Mr. Carlos del Pino, PE.
Name Position Role
Carlos A. Penin, PE President Principal-In-Charge
Carlos Del Pino, PE Sr. Operations Director Transition Director
Pedro Martinez, BU Building Official Building, Fire, & Code Enforcement
Manager
Eugene Collings-Bonfill, PE Public Works Manager Public Works, Zoning, & Landscaping
Manager
Transition Schedule
Objective
Contract Award & Contract Execution between the Village and CAP.
Kickoff Meeting with Director Calleros Gauger, Village Staff, and CAP Transition Team.
Village of Key Biscayne provides CAP with anticipated needs.
CAP Staff Resources assigned to the Village.
Transition Completed: Building Inspections and Examination Services.
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TAB B
EXECUTIVE SUMMARY
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•Title Page
•Table of Contents
•Executive Summary
•Deliverables, Tasks, Activities, etc.
•List of Exceptions
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Village of Key Biscayne
Request for Proposal
# 2024-04
For Building Inspection and Examination Services
C.A.P. Government, Inc.
343 Almeria Avenue
Coral Gables, FL 33134
Tele: (305) 448.1711
January 30, 2024
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TABLE OF CONTENTS
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
38
Tab A. Representations and Certifications Page 1-36
• Cover Sheet
• Proposal Forms
• Exhibit B: Fee Schedule
• Exhibit D: Transition Plan
• Statement of Financial Stability (see page 109)
Tab B. Executive Summary Page 37-42
• Title Page
• Tables of Contents
• Executive Summary
• Deliverables, Tasks and Activities
• List of Exceptions
Tab C. Qualifications and Experience Page 43-48
1. Qualifications
• Qualification of the Firm
• Qualification of Staff
• Industry Knowledge and Expertise
• Project Management and Special Services
2. Service Team and Resume Page 49-106
• Organizational Chart
• Team Member’s Role, Responsibilities, Experience, Education, Resumes
• Relevant experience of each team member
• Approach
3. Personnel Plan Page 107
• Operating Plan
• Data - Staffing Levels
• Organizational Chart (see pages 49-106)
• Description of each position’s role and responsibilities (see pages 49-106)
Tab D. Subcontracting Plan Page 108
Responsibility - Attachments Page 109-146
• Financial Statement and Information
• Attachment A: Sample Contract / Exhibits A: Scope of Services
• Attachment B: Performance Evaluation / Attachment C: Certification Regarding Lobbying
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TAB B – EXECUTIVE SUMMARY
3. Executive Summary
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
C.A.P. Government, Inc. (CAP) submits this response to the Village of Key Biscayne’s Request
for Proposal (RFP No. 2024-04) to provide Building Inspection and Examination Services. We
thoroughly understand the scope of services and have submitted one (1) Original via
DemandStar.
CAP has been outsourcing to governmental agencies in Miami-Dade County for over thirty-four
(34) years. More importantly CAP is proud that in 1992, we were the first company to be
retained by the newly formed Village of Key Biscayne to provide the outsourcing of these
services effectively and efficiently to the residents of the Key!
Our corporate philosophy of delivering services is by creating a positive customer centered
experience without sacrificing accuracy, efficiency and transparency. We believe that this
complements the Village’s desire for its Building Department customers. As you review our
proposal we call to your attention the following points:
• Qualifications. CAP was established over thirty-four (34) years ago in 1989 and is the
pioneer of outsourcing Building Department services to municipalities throughout South
Florida. We currently serve over seventy-five (75) municipalities and six (6) educational
institutions.
• Staff Availability. CAP has over two hundred eighty (280+) employees who are fully
qualified and licensed by the State of Florida Department of Business and Professional
Regulations. They are available to provide plans review, inspections, code enforcement,
Building Official and permit administration services.
• Location. Our Corporate Office at 343 Almeria Avenue, Coral Gables, FL 33134 is just
over ten miles from Village Hall. In addition, we can draw resources from multiple client
municipalities and various offices throughout South Florida.
• Electronic Plans Review (EPR). Since 2013 CAP has been investing, developing and
implementing an EPR platform that allows our Plans Examiners to work electronically in
an efficient, transparent and real time. This technology will shorten our service response
time considerably.
• Services. CAP only contracts with the governmental agencies, thus avoiding potential
conflicts of interest. Building Department outsourcing is what we do!
We commit to deliver efficient, cost-effective and quality solutions to the Village by maintaining
the necessary resources to provide the services required in the Scope of Services. Our
experience and qualifications meet or exceed the requirements and expectations listed in the
RFP.
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TAB B – EXECUTIVE SUMMARY
4. Deliverables, Tasks and Activities
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
C.A.P. Government, Inc. (CAP) will provide Professional Building Examination and Inspection
Services to the Village of Key Biscayne (Village). Our qualified team of professionals will
provide inspections and plan examination services (structural, building, electrical, plumbing,
roofing, mechanical, zoning, landscaping, fire public works and code compliance officers) on an
as-needed basis.
CAP’s experienced personnel will provide the following deliverables, tasks and activities at the
request of the Village of Key Biscayne’s Director of Building, Zoning and Planning Department
or his designee. CAP’s staff have extensive experience providing plans review and inspection
services for municipal and educational clients in Miami-Dade County. The firm’s capabilities are
reinforced through staff’s familiarity with the Florida Building Code and all applicable building
codes and regulations, including Village codes and ordinances.
Deliverables
CAP will review all permit documents including building plans, specifications and all required
calculations for residential and commercial projects to ensure compliance with the Florida
Building Code and any other applicable standards. The reviews will include various disciplines:
structural, building, roofing, mechanical, electrical and plumbing. This will result in a
recommendation of approval or denial of plans with a clear observation of the findings to support
such recommendations, including code sections applicable to the denials. On disapproved items,
we will provide further discussions with Architects, Engineers, Contractors and owners builders to
obtain the modifications necessary for approval.
Tasks / Activities
✓ Our professional personnel will provide services on an as needed basis to the Village
from 7:30am- 3:30pm Monday through Friday, excluding official Village Holidays.
✓ CAP’s inspectors are provided with company vehicles to perform field inspections. All
company vehicles are licensed for use on public streets and licensed in the State of
Florida. All CAP vehicles will place the Village’s magnetic sign while providing services
within the Village.
✓ Review and processing of building plans and zoning plans;
✓ Provide code compliance and enforcement services;
✓ Administer the Florida Building Code and all applicable building codes and regulations,
including Village codes and ordinances.
✓ Provide inspection services and clerk functions;
✓ Provide plan reviewers, building code inspectors, project managers, building officials and
code administrators.
✓ Enter inspection results into the Village’s permitting application and maintain records of
inspections and citation, which shall be reported on a weekly basis.
✓ Maintain adequate records for each permit and inspection and inspector.
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TAB B – EXECUTIVE SUMMARY
5. List of Exceptions
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
C.A.P. Government, Inc. does not have any list of exceptions.
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TAB C
QUALIFICATIONS
AND
EXPERIENCE
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TAB C – QUALIFICATIONS AND EXPERIENCE
Qualifications
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
a. Qualification of Firm:
C.A.P. Government, Inc. (CAP) was founded on April 10, 1989, by Carlos A. Penin, PE. In
1992 CAP entered into an agreement with the newly incorporated Village of Key Biscayne
to offer the outsourcing of professional services. The Building Department was one of four
(4) Departments that were outsourced, including the Engineering Department where Mr. Carlos
A. Penin, PE was named The Key’s first Village Engineer.
Today CAP is recognized as the industry leader in providing Building Department services to over
seventy-five (75) municipalities and six (6) educational clients across Florida.
We are leaders in the outsourcing of Building Department services and are recognized by our
clients as the most respected and best managed firm in this business. This respect and our
customer centered approach to these services has helped us build a team of over 280+
Professional Engineers, Architects, Building Code Administrators, Plans Examiners, and
Inspectors.
CAP is a State of Florida Corporation that operates out of three (3) Corporate offices in Florida.
Our clients stretch throughout State of Florida.
Miami-Dade
343 Almería Avenue
Coral Gables, FL 33134
Broward
100 SW 12 Street
Fort Lauderdale, FL 33316
Palm Beach
1910 N. Florida Mango Rd.
W. Palm Beach, FL 33409
The following examples are provided to highlight CAP’s experience with similar contracts. They
demonstrate the depth of our past performance and validate our successful history of providing
professional Building Inspection and Examination Services
CITY OF WESTON
Entity: City of Weston
Contact: Mr. Donald P. Decker, City Manager
E-mail: ddecker@westonfl.org
Address: 17200 Royal Palm Blvd. Weston, FL 33326
Contact Telephone: 954.385.2000
Services Provided
Plans Review, Inspections & Building Code Administrator
Dates of Services: 2005 – Ongoing (19 Years)
City of Aventura
Entity: City of Aventura
Contact: Mr. Ronald Wasson, City Manager
E-mail: jwasson@cityofaventura.com
Address: 19200 W. Country Club Drive, Aventura, FL 33180
Contact Telephone: 305.466.8910
Services Provided
Plans Review, Inspections & Building Code Administrator
Dates of Services: 1995 – Ongoing (29 Years)
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TAB C – QUALIFICATIONS AND EXPERIENCE
Qualifications
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
b. Qualification of Staff:
For over thirty-four (34) years, CAP has maintained an exemplary track record of our professional
management of all phases of the building and permitting process. CAP’s expertise involves
developing tailored solutions to plans review, inspections, and code compliance to government
entities. Our staff has extensive experience performing services that comply with the Florida
Building Code and all applicable building codes and regulations including Village codes and
ordinances.
CAP understands that success requires thoroughly planned and properly coordinated oversight
by management, as well as a commitment to excellence at all staff levels. CAP’s staff has been
carefully selected & vetted to ensure that we deliver results that meet, if not exceed, our clients’
expectations.
NORTH BAY VILLAGE
Entity: North Bay Village
Contact: Mr. Ralph Rosado, Village Manager
E-mail: rrosado@nbvillage.com
Address: 1666 Kennedy Causeway, NBV, FL 33141
Contact Telephone: 305.756.7171 ext. 24
Services Provided
Plans Review, Inspections & Building Code Administrator
Dates of Services: 2010 – Ongoing (14 Years)
VILLAGE OF EL PORTAL
Entity: Village of El Portal
Contact: Ms. Christia E. Alou, Village Manager
E-mail: villagemanager@villageelportal.org
Address: 800 NE 87th Street, El Portal, FL 33138
Contact Telephone: 305.795.7880
Services Provided
Plans Review, Inspections & Building Code Administrator
Dates of Services: 2010 – Ongoing (14 Years)
CITY OF MIAMI BEACH
Entity: City of Miami Beach
Contact: Ms. Alina T. Hudak, City Manager
E-mail: citymanager@miamibeachfl.gov
Address: 1700 Convention Center Drive, MB, FL 33139
Contact Telephone: 305.673.7400
Services Provided
Plans Review & Inspections
Dates of Services: 2003 – Ongoing (21 Years)
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TAB C – QUALIFICATIONS AND EXPERIENCE
Qualifications
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
Our team of qualified personnel will conduct Inspections and plan examination services under the
Village’s codes and federal, state, and local laws, rules, regulations, directives codes and
ordinances. CAP’s Inspector’s and Plan Examiners are licensed pursuant to Chapter 468, Part
XII, Florida Statutes. Engineers are licensed pursuant to Chapter or Chapter 471, Florida Statutes.
Architects are licensed pursuant to Chapter 481, Part I, Florida Statutes. All of CAP’s personnel
are licensed by the Florida Department of Business Regulation and certified by Miami-Dade
County Board of Rules and Appeals. Our Code Enforcement Officers have a Florida Association
of Code Enforcement (F.A.C.E.) Level I.
All inspectors and examiners have a valid driver’s license in the State of Florida and are able to
pass a background security check relevant to the position. As a safeguard, all CAP employees
undergo a criminal background check and comply with CAP’s Drug-Free Workplace Policy and
undergo Sexual Harassment and Discrimination Training. The following is CAP’s Proposed Key
Staff.
Mr. Carlos A. Penin, PE founder and President of C.A.P.
Government, Inc. has over forty (40) years of experience. He
attended the University of Florida where he received a degree
of Bachelor of Science in Civil Engineering. He is a
Professional Engineer licensed in the State of Florida and he
leads the company with strategic planning and oversees all
operations, marketing, business development and staff
management.
Mr. Penin was interviewed and featured by the Islander News
in August of 1997, while he served as the Village of Engineer
for C.A.P. Engineering Consultants. The Islander News has
been covering “The Life and Times of Key Biscayne, Florida”
since Nov. 2, 1966, when it was founded by Sue Morton as
The Islander Key Biscayne Weekly Bulletin.
C.A.P. Government, Inc. (CAP) was founded on April 10, 1989, by Mr. Carlos A. Penin, PE. In
1992 CAP entered into an agreement with the newly incorporated Village of Key Biscayne
to offer the outsourcing of Building Department Services.
Mr. Carlos Del Pino, PE, Project Manager, has over twenty-five (25) years of professional
engineering experience as a civil and structural engineer in the design and construction
management industry. He has served as a project and construction manager, project engineer
and project coordinator. His expertise includes construction field engineering, special Inspections
for Educational, commercial and residential projects.
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TAB C – QUALIFICATIONS AND EXPERIENCE
Qualifications
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
Mr. Pedro Martinez, BU, Building Official, has over twenty (20) years of experience working in
Construction and with Building Codes. He has experience in technical equipment
recommendation, design installation, software solutions implementation, testing and launching.
Able to open bids, evaluate contractors and follow up contractual terms during project
execution. Pedro also reads and analyzes blueprints with application of PMI standards in the
construction field and in the IT field.
Mr. Eugene Collings-Bonfill, PE, Public Works, has over twenty-four (26) years of experience in
the engineering and construction industry inclusive of surveying, engineering planning and
design, program, and project management, CEI, and construction. He also served as the Chief
of Engineering and Public Works Assistant Director for the City of Doral which enables him to
understand the intricacies and the needs of the City’s staff, council, and most importantly your
residents and visitors.
c. Industry Knowledge and Expertise:
For over thirty-four (34) years, local agencies have relied on CAP’s expertise and history of
delivering customer-centric building department solutions. CAP’s customized contracting
methods range from full Building Department outsourcing to supplemental staffing on an as-
needed basis and finally “Expedited” services. CAP has two primary obligations, the first involves
providing experienced, certified professionals to ensure excellent service with a transparency that
shows our professionalism, knowledge, experience, quality of service and ethics. Second, is to
provide these services in the most economical and efficient manner possible. CAP is committed
to providing quality services at competitive rates.
Professionalism is our top priority and always maintaining an effective working professional
relationship with Village staff, contractors, homeowners, neighbors, architects, engineers,
developers and customers of the Village. CAP staff will be available for consultation and to assist
and provide information on building permitting and inspection issues to expedite the process.
CAP’s employees are required to participate in an annual ethics training course, adhere to
company’s code of conduct and take the continuing education credits to maintain the required
certifications for their positions.
We take pride in customer service and believe that exceptional customer service builds trust and
reduces problems for an efficient Building Department. Our Company culture is based on
“customer - centered services.
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TAB C – QUALIFICATIONS AND EXPERIENCE
Qualifications
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
Most recently we have been providing Plan Review and Inspections to the Village of Key Biscayne
since 2012. Therefore, we are extremely knowledgeable with the following list of responsibilities.
• Respect neighbors, contractors, staff, and supervisors at all times.
• Provide Services on behalf of the Village in a professional and courteous manner.
• Adhere to the Village’s rules and procedures reliably and consistently accept and provide
constructive criticism.
• Perform responsibilities successfully, independently, and efficiently in a diverse work
environment with minimal direct supervision.
• Work reliably on a regularly scheduled basis during the term of the contract.
• Learn to use the Village’s computer system effectively within a reasonable time frame.
• Be responsible for maintaining the integrity of and access to confidential information,
especially information maintained on the Village’s computer records systems, consistent
with the requirements of the State of Florida Public Records Law requirements, licensing
restrictions, and copyright limitations.
• Prepare and record written reports and records of work activities and accurately log daily
activities for Village recordkeeping.
• Effectively listen to, understand, and provide reliable answers to questions from Owners,
contractors, architects, engineers, neighbors, supervisors and co-workers.
• Work during normal business hours of 7:30am- 3:30 pm, Monday through Friday or as
agreed upon otherwise with the Village, as well as irregular hours as required during an
emergency or natural disaster.
• Safely operate a motor vehicle in the course of daily assignments; and Building
• Work effectively with other Village employees and employees from competing bidders.
d. Project Management and Special Services:
C.A.P. Government, Inc. legacy of hard work and dedication has established us as an industry
leader. Mr. Carlos A. Del Pino, PE will serve as our Project Managers and will lead our team of
qualified plans examiners and inspectors to provide services on an as-needed basis to the Village.
On the following pages we have enclosed our key personnel who have years of relevant
experience providing the requirements of this RFP.
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TAB C – QUALIFICATIONS AND EXPERIENCE
Qualifications
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
ELECTRONIC PLANS REVIEW (EPR)
The team at CAP has co-developed Electronic Plans
Review (EPR), an accessible, user friendly and transparent
approach to the plans review process.
Over the last ten (10) years, our company has been at the
forefront of the design, development and ultimately,
implementation of the EPR process. Since its successful
launch in 2016, we have reviewed tens of thousands of
plans by state-licensed personnel, then either approved or
denied them with comments citing the Florida Building
Code.
By reviewing plans electronically, we have been able to execute the digital archiving of data,
thus eliminating paper bulk thus becoming more environmentally responsible, while enabling
ease of retrieval. EPR also allows the project stakeholders to have remote & real-time access to
the status of reviews and submittals from the design professionals – granting them more
flexibility with their time.
Our software has been successfully used to review and process plans for our municipal
and educational clients. Based on these successes, we are confident that EPR will continue to
ensure that the Building Review and Permitting process is more efficient, effective &
transparent by taking full advantage of today’s technologies.
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2. Service Team and Resume
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
RONALD LEVY, PX, BN
VICTOR DIAZ, PX, BN
Mechanical Electrical
GIUSEPPE NEDIANI, PE
EBEL MOREY CUBA, PX, BN
ALFREDO SANCHEZ, PX, BN
JOHN HINSON, BN
Project Manager
CARLOS DEL PINO, PE
Public Works
ANTONIO SANCHEZ, SRI
JAMES WAGNER, BN
OWEN KARICKHOFF, PE
PX – Plans Examiner
BN – Inspector
BU – Building Official
PE – Professional Engineer
RA – Registered Architect
SRI – Standard Roofing Inspector
Building / Structural
RICK FERNANDEZ, RA
LEONARDO LIGUORI, RA
Director
JEREMY CALLEROS GAUGER
Principal-In-Charge
CARLOS A. PENIN, PE
Code Enforcement
ORLANDO DIEZ, BN
O
R
G
A
N
I
Z
A
T
I
O
N
A
L
C
H
A
R
T
Landscaping
ROBERT FISK
MARC LAFERRIER
Fire
OSCAR ALVAREZ, PX, BN
Zoning
Roofing
Plumbing
CAP Building Official
PEDRO MARTINEZ, BU, PX, BN
CAP Public Works Manager
EUGENE COLLINGS-BONFILL, PE
JAIMIE CYNAMON, PE
LUIS PEREZ, PE
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TAB C – QUALIFICATIONS AND EXPERIENCE
2. Service Team and Resume
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
Carlos A. Penin, PE – Principal-In-Charge
Mr. Penin is the founder and President of
C.A.P. Government, Inc. and has over forty
(40) years of experience. He attended the
University of Florida where he received a
degree of Bachelor of Science in Civil
Engineering. He is a Professional Engineer
licensed in the State of Florida and he leads
the company with strategic planning and
oversees all operations, marketing, business
development and staff management.
Carlos A. Del Pino, PE – Project Manager
Mr. Del Pino has over thirty-two (32) years of
experience as a Structural and Civil Engineer
including construction field engineering.
Special Inspections for commercial and
residential educational projects. Has served
as an Engineer and Construction Project
Manager leading teams working on
multimillion projects and programs. Over
fifteen years working directly with clients in
municipalities and educational facilities in
South Florida.
Pedro Martinez, BU, PX, BN – Building
Official
Mr. Martinez has over twenty (20) years of
experience determining the structural
soundness of buildings and construction
projects. Tasks Include inspecting and
assessing the structural quality of a building
and ensuring compliance with zoning
regulations, national building codes, and
contract specifications.
Eugene Collings-Bonfill, PE, PSM, CFM
Mr. Collings-Bonfill has twenty-six (26) years
of experience in the Public Works. He
previously served as the Chief of
Engineering and Public Works Assistant
Director for the City of Doral where he was
personally responsible for the Public Works
permitting services, was the chair of the
City’s Platting Committee, and responsible
for interdepartmental coordination between
Public Works and the Planning and Zoning
Department.
Jaimie Cynamon, PE, PX – Structural
Mr. Cynamon has over thirty-five (35) years
of professional engineering experience as a
civil engineer. He specializes in structural
analysis, design, plan review and
inspections. His broad range of expertise
includes providing design and inspection
services to determine structural conditions
and identify forensic related issues. He
oversees that planning, design, construction,
and maintenance activities were all within the
required schedules and budgets.
Luis Perez, PE – Structural
Mr. Perez has over forty (40) years of
experience in structural design. Mr. Perez
vast experience in the design of low, mid-,
and high-rise structures utilizing a wide
variety of construction materials, including
reinforced concrete, structural steel, wood,
and masonry. He has design experience in
educational facilities, hotels, office buildings,
stadiums, condominiums, and convention
centers.
Ricardo Fernandez, RA – Building
Mr. Fernandez has over thirty- two (32) years
of experience in both public and private
sectors. He reviews building plans for
compliance with construction codes and
regulations; prepares written reports on code
discrepancies and code violations; interprets
codes ordinances and regulations and
issues department codes.
Giuseppe Nediani, PE – Mechanical
Mr. Nediani has over twenty (20) years of
experience as a Multi-disciplined Engineer.
He has Mechanical, Structural, Electrical and
Plumbing experience. He has performed
Plans Review, Inspections, Engineering
Studies and Reports along with
concentration in Forensic Engineering. Mr.
Nediani understands the Municipal Plans
Review, Inspections process, Project
Revision and Cost Estimating Processes in
connection with both Commercial and
Residential Project.
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TAB C – QUALIFICATIONS AND EXPERIENCE
2. Service Team and Resume
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
Ebel Morey Cuba, PX, BN – Mechanical
Mr. Morey is an experienced licensed
mechanical contractor and air conditioning
contractor, specializing in reviewing
mechanical documents and field inspections.
Responsible for inspection of mechanical,
and other systems for commercial and
residential sites, like appliances, boilers,
elevators, gas and oil lines, and HVAC
systems.
Alfredo Sanchez, PX, BN – Electrical
Mr. Sanchez has over fifteen (15) years of
experience in the construction industries as
electrical plans examiner, inspector. His
experience includes the installation of
conduit, termination, devices equipment
switchboards, panel boards and
transformers in electrical rooms, installation
of telephone, data and fire alarm systems in
new and existing construction.
Oscar Alvarez, PX, BN – Fire
Mr. Alvarez has over twenty (20) years of
experience as a plan examiner and
inspector. Mr. Alvarez holds a degree as a
Mechanical Engineer. He is knowledgeable
of State and Local codes and Laws
governing building construction, mechanical,
plumbing, gas, fire protection system
construction and installation. He is licensed
by the State of Florida as a fire safety,
mechanical and plumbing plans examiner,
and inspector.
Orlando Diez, BN- Code Enforcement
Mr. Diez has over five-two (52) years of
experience working in the construction and
building industry. His duties include Reviews
building plans for compliance with
construction codes and regulations;
prepares written reports on code
discrepancies and code violations; develops,
maintains and updates records of codes and
plan reviews; interprets codes ordinances
and regulations and issues department
codes
Marc LaFerrier – Zoning
Mr. LaFerrier has over fifteen (15) years of
experience as a director for urban and
regional planning. Which includes zoning,
smart growth, community planning,
economic development, historic
preservation, public hearings and community
outreach. He successfully developed
consensus on key policy and implementation
matters. He also served as Director for
urban planning and design, zoning, for the
City of Fort Lauderdale
Owen Karickhoff, PE – Public Works
Mr. Karickhoff has over thirty-eight (38) years
of extensive experience providing civil and
environmental services to municipal, solid
waste, and water/wastewater industries. His
expertise as project manager has included
site characterization, construction oversight,
regulatory compliance, hazardous waste
management, landfill and design.
Ronald levy, PX, BN – Plumbing
Mr. Levy has over forty (40) years of
experience in all phases of plumbing
installations. He has performed plan review
and inspection for both residential and
commercial properties.
Victor Diaz, PX, BN – Plumbing
Mr. Diaz has more than twenty (20) years in
the plumbing industry with deep knowledge
of the plumbing systems and the various
methods of installing, maintaining and
repairing plumbing equipment’s. Reviews
plans to ensure that the plans meet building
codes and requirements of the state, county,
and city where the construction is taking
place.
Robert Fisk – Landscaping
Mr. Fisk has over twenty-seven (27) years of
experience in the Landscaping field. He has
undertaken every aspect of Landscaping,
including design, installation, project site
layout, and maintenance, to ensure proper
horticulture procedure where followed.
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TAB C – QUALIFICATIONS AND EXPERIENCE
2. Service Team and Resume
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
Approach to Providing Services to the Village of Key Biscayne
The following provides an insight to our proposed approach and methodology of our services to
comply with the scope of work requested by the Village of Key Biscayne (Village). CAP’s focus
is to service this contract through stringent permitting and inspection methodologies.
Plan Examination and Inspection Services:
CAP’s staff have extensive experience providing plans review services for municipal and
educational clients in Miami-Dade County. The firm’s capabilities are reinforced through staff’s
familiarity with the Florida Building Code and all applicable building codes and regulations,
including Village codes and ordinances. We have a proven plan review process that helps ensure
compliance with requirements.
We will review all permit documents including building plans, specifications and all required
calculations for residential and commercial projects to ensure compliance with the Florida Building
Code and any other applicable standards. The reviews will include the various disciplines:
structural, building, roofing, mechanical (HVAC), electrical and plumbing. This will result in a
recommendation of approval or denial of plans with a clear observation of the findings to support
such recommendations, including code sections applicable to the denials. On disapproved items,
we will provide further discussions with Architects, Engineers, Contractors and owners builders
to obtain the modifications necessary for approval.
• All inspections will fulfill all the essential functions required by the Village of Key Biscayne
• Review and processing of building plans and zoning plans;
• Provide code compliance and enforcement services;
• Administer the Florida Building Code and all applicable building codes and regulation,
including Village codes and ordinances.
• Provide inspection services and clerk functions;
• Provide plan reviewers, building code inspectors, project managers, building officials and
code administrators.
• Enter inspection results into the Village’s permitting application and maintain records of
inspections and citation, which shall be reported on a weekly basis.
• Maintain adequate records for each permit and inspection and inspector.
CAP’s Code Compliance Inspectors are committed to the health, safety, and welfare of the
residents of the Village. We shall provide code compliance services to enforce the Florida
Building Code. All inspections will have proper documentation to comply with the State of Florida
Statutes.
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TAB C – QUALIFICATIONS AND EXPERIENCE
2. Service Team and Resume
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
Emergency Services:
CAP is aware of the devastating effect that a natural disaster like hurricanes can have on a
community. Our senior, technical, and administrative staff have the experience, hands-on
knowledge and training to work with the Village before, during, and after natural disasters. We
stand ready to work with the Village, community, and emergency response teams during these
events. If required, we will commit to assigning any one of our certified Building Officials to assist
the Village’s Building Official or preside over operations at the Village’s location during a hurricane
event. CAP WILL PROVIDE FEDERAL EMERGENCY MANAGEMENT AGENCY (“FEMA”)
SUPPORT AND DOCUMENTATION ON AN AS NEEDED BASIS.
CAP PROVIDED IMMEDIATE EMERGENCY DEBRIS MANAGEMENT ASSISTANCE to the
Village in “2018” after Hurricane Irma swept through Florida.
Our staff has provided these services to our clients and successfully mitigated potentially
dangerous situations by providing these services. Prior to the commencement of hurricane
season, CAP may present the Village with a disaster preparation and recovery plan. Activities
identified within the plan may include visiting the job sites to ensure that all materials present
comply with the safety rules and regulations, describing policies to contractors, and working with
the Village to assess damages.
Meetings, Coordination and Communication:
CAP’s proposed Building Code Administrator, Mr. Martinez, will communicate with all
stakeholders including Village Personnel (Village Planner, Director, Building, Zoning, and
Planning; Contract Administrators; Project Managers), as well as General Contractors and A/E
firms by means of meetings, emails, verbal communication and/or through the CAP Electronic
Plans Review and Inspection Platform. As necessary, meetings will be held to address individual
project needs from applicants as well as internal Village agencies.
CAP’s Electronic Plans Review (EPR) and Inspections Platform will be used to expedite plan
reviews process and related communication and reporting. The users will be able to view
comments, respond to the comments and upload “REVISED” drawings on to the server for
approval.
In a similar manner, users will be able to request inspections, review status, generate and
distribute reports, and view images of code violations. CAP will coordinate inspection requests
via e-mails and/or by utilizing the CAP Electronic Plans Review and Inspections Platform.
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CARLOS A. PENIN, PE
Principal In Charge
Mr. Penin has over forty (40)
years of experience as a civil
engineer comprehensive
consulting engineering service.
He has performed a wide variety
of projects including highways,
bridges, airport terminals airfields,
water and sewer infrastructure,
stadiums, various land
development projects and
environmental service. Mr. Penin
experience includes managerial
functions and various government
appointments to industry
organizations.
President, C.A.P. Government, Inc.
1989 – Present
President and founding principal of C.A.P. Government, Inc.
Mr. Penin serves in a management capacity overseeing the
daily operations of the firm. His responsibilities include
determining the strategic direction of the company and
carrying out the strategic plan through overseeing
operations, marketing and business development activities,
contract oversight, and staff management. Developing
functional roles and assigning responsibilities to emp loyees
who report to them.
EDUCATION
Master of Science
Environmental and Urban Studies
Florida International University
Bachelor of Science
Civil Engineering
University of Florida
STATE OF FLORIDA LICENSE
Professional Engineer
PE33216
EXPERIENCE
Regional Manager, Keith & Schnars, PA
1984 – 1989
Responsible for management, scheduling, monitoring and liaison
with regulatory agencies and local authorities on major land
development projects.
Project Engineer, Williams, Hatfield & Stoner, Inc.
1980 – 1984
Responsible for project administration on Urban Road Developments
and other assignments in South Florida.
Civil Engineer, Ferendino/Grafton/Spillis/Candela
1978 – 1980
Responsible for civil engineering design and construction inspection
of government projects.
Civil Engineer, Florida Quality Contractors
1977 - 1978
Managed the preliminary stages of 72-unit condominium
development and various other residential projects in South Florida.
CARLOS A. PENIN, PE - PRINCIPAL IN CHARGE
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Carlos A. Del Pino, PE
Senior Operations Director
Mr. Carlos del Pino has over
twenty-five (25) years of
professional engineering
experience as a civil and structural
engineer in the design and
construction management
industry. He has served as a
project and construction manager,
project engineer and project
coordinator. His expertise includes
construction field engineering,
special Inspections for
Educational, commercial and
residential projects.
Senior Operations Director, C.A.P. GOVERNMENT, INC.
2007 – Present
Project Manager responsible for providing all necessary
resources to perform Florida Building Code Compliance
plans review and inspections services, including threshold
inspections services, and coordination for various
educational Institutions. Reviews building plans for
compliance with construction codes and regulations;
prepares written reports on code discrepancies and code
violations; develops, maintains and updates records of
codes and plan reviews; interprets codes ordinances and
regulations and issues department codes. Determines the
structural soundness of buildings and construction projects.
EDUCATION
MS in Civil Engineering
Polytechnic University of Puerto
Rico
BS in Civil and Structural
Engineering
Central University of Las Villas,
Cuba
STATE OF FLORIDA LICENSE
Professional Engineer
PE59888
Certified Board of Rules and
Appeals (BORA) Miami-Dade
County
State Requirements for
Educational Facilities (SREF)
EXPERIENCE
Project Manager, Stadium Expansion, (Florida International
University (FIU).
Responsible for technical matters, assisting in the design review
in the field of structural engineering and threshold inspections.
The New Florida Panthers Football Stadium is a structural steel
threshold structure for approximately 18,000 people with capacity
for future expansion. The upper decks are made of metal deck
and concrete slab.
Project Manager, Parking Garage V & Stadium Expansion
(Florida International University (FIU). Responsible for providing
threshold inspections. This garage is a 6-level garage with
approximately 750,000 gross square feet and up to 2,100 parking
spaces. Project Manager responsible for technical matters,
assisting with the threshold inspections. The New Florida Panthers
Football Stadium is a structural steel threshold structure for
approximately 18,000 people with capacity for future expansion.
The north addition of the stadium concluded the original expansion
and renovation of the structure, adding new ramps and seating
capacity.
Miami Dade College (MDC) Hialeah & Kendall Campus
New Parking Garage and new and remodeled Buildings. Building
3000 remodeling and miscellaneous projects.
CARLOS DEL PINO, PE - QA/QC MANAGER
56
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
3/15/23, 4:49 PM DBPR - DEL PINO, CARLOS A., Professional Engineer
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LICENSEE DETAILS 4:49:35 PM 3/15/2023
Licensee Information
Name:DEL PINO, CARLOS A. (Primary Name)
Main Address:8040 S.W. 37 TERRACE
MIAMI Florida 33155
County:DADE
License Information
License Type:Professional Engineer
Rank:Prof Engineer
License Number:59888
Status:Current,Active
Licensure Date:05/28/2003
Expires:02/28/2025
Special
Qualifications
Qualification Effective
Civil 05/28/2003
Structural 1 08/28/2007
Alternate Names
View Related License Information
View License Complaint
2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395
The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do
not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact
850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must
provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee.
However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email
address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change.
57
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
Pedro J. Martinez, BU, PX, BN
Project Manager
Mr. Martinez has over twenty (20)
years of experience working in
Construction and with Building
Codes. He has experience in
technical equipment
recommendation, design
installation, software solutions
implementation, testing and
launching. Able to open bids,
evaluate contractors and follow up
contractual terms during project
execution. Pedro also reads and
analyzes blueprints with
application of PMI
standards in the construction field
and in the IT field.
Building Official/ Building Plans Examiner & Inspector, C.A.P.
Government, Inc.
2021– Present
Determines the safety, technical, economic, and environmental
concerns, but may also consider aesthetic and social factors.
Analyzes, designs, plans, and research structural components and
structural systems to achieve design goals and ensure the safety
and comfort of users or occupants. Determines the structural
soundness of buildings and construction projects. Tasks Include
inspecting and assessing the structural quality of a building and
ensuring compliance with zoning regulations, national building
codes, and contract specifications.
EDUCATION
Professional Engineer
Civil Engineering Program with
Construction Project Management
Specialty
STATE OF FLORIDA LICENSES
Building Code Administrator
BU2112
Building Plans Examiner
PX3825
Building Inspector
BN6632
Certified General Contractor
CGC1505503
Certified Roofing Contractor
CCC1330997
Standard Roofing Inspector
SRI155
EXPERIENCE
Operations Manager, City of Miami Beach Building Department,
Miami Beach, FL
2020
Assist and provide training for permit intake team and reviewers for
correct submission and markup of digitally submitted files. Assist in
reviewing web pages content before publication. Assist property
owners and contractors on correcting submissions. Conduct online
meetings with owners and designers to resolve review issues.
Supervise department chiefs for effective management of permit
reviews and inspections. Serve as the City's Building Official in the
absence of the
Building Official
Sr. Building Inspector, City of Miami Beach, Miami Beach, FL
2018-2020
Building inspection of commercial and residential projects within
City limits. Verifying compliance with Florida Building Code,
project plans and use of correct building techniques.
Building Inspector, City of Doral, Doral, FL
2015-2018
Building inspection of commercial and residential project within City
limits. Verifying compliance with Florida Building Code, project plans
and use of correct building techniques. building inspectors.
PEDRO J. MARTINEZ, BU, PX, BN
BUILDING OFFICIAL/BUILDING PLANS EXAMINER & INSPECTOR
58
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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bccb 62$24*R \NNIJQTHQGZI %&'()*4#( ;$2(R defbgfbdbd 58 &#(*R ccfhdfbdbi jIHGP]k\P]GLGHPQGMJK k\P]GLGHPQGMJ LLIHQGZI ]QINJPQI POIK +&(, _( $2(. %&'()*( 1)!"#3$2&")+&(, %&'()*( "3 $&)2bldc ]PGN QMJI MP[T P]]PmPKKII hbhee RR 53$& R \KQMOIN MJQPHQ IJQIN RR 4*2"3(# ")2$'2 ()2(#R nopqrnsqtuvo7( 62$2( "! - "#&.$ &* $) w55 (3 " (#q MjWNG^mQ bddxybdcd QPQI ML ]MNG[Pz NGZPHW QPQIOIJQ).(# - "#&.$ $,{ (3$& $..#(**(* $#( 4a &' #('"#.*q 1! "4 ." )"2 ,$)2 "4# (3$& $..#(** #( ($*(. &) #(* ")*( 2" $ 4a &'|#('"#.* #(<4(*2{ .")"2 *(). ( ('2#")&' 3$& 2" 27&* ()2&2 q 1)*2($.{ '")2$'2 27( "!!&'( a 7")( "# a 2#$.&2&")$ 3$& q 1! "4 7$9( $) <4(*2&")*{ ($*( '")2$'2nopqrnsqtuvoq }~4#*4$)2 2" 6('2&") rooqso€t { - "#&.$ 62$242(*{ (!!('2&9( '2"a(# t{ pt{ &'()*((* &'()*(. 4).(# 7$ 2(# roo{ -q6q 34*2 #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** &! 27( 7$9( ")(q 7( (3$& * #"9&.(. 3$ a( 4*(. !"# "!!&'&$ '"334)&'$2&") ,&27 27( &'()*((q‚",(9(# (3$& $..#(**(* $#( 4a &' #('"#.q 1! "4 ." )"2 ,&*7 2" *4 $ (#*")$ $..#(**{ ($*( #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** ,7&'7 '$) a( 3$.( $9$& $a ( 2" 27( 4a &'q ~ ($*( *(( "4# mPjQIN ƒii $0( 2" .(2(#3&)( &! "4 $#( $!!('2(. a 27&* '7$)0(q
59
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60
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=>=?>@? AB =CD=EDCFC@GHIJKII JLMNOPQGMJ $3(R ST U VNGOPNW POIX $&) ..#(**R YNGZPQI [[NIKKY YNGZPQI [[NIKKYYNGZPQI [[NIKKYYNGZPQI [[NIKKYYNGZPQI [[NIKKY GHIJKI JLMNOPQGMJ %&'()*( (R QPJ[PN[ JK\IHQMN ]$)^R JK\IHQMN %&'()*( 43_(#R ``ab 62$24*R cNNIJQTHQGZI %&'()*4#( ;$2(R dbebdebdfg 58 &#(*R ffeadebdbg \IHGPhicPhGLGHPQGMJK icPhGLGHPQGMJ LLIHQGZI cGh[GJj dbebdebdfg hQINJPQI POIK +&(, ]( $2(. %&'()*( 1)!"#3$2&")+&(, %&'()*( "3 $&)2b`df hPGN QMJI MP[T PhhPkPKKII aball RR 53$& R cKQMOIN MJQPHQ IJQIN RR 4*2"3(# ")2$'2 ()2(#R mnopqmrpstun7( 62$2( "! - "#&.$ &* $) v55 (3 " (#p M\WNGjkQ bddwxbdfd QPQI ML hMNG[Py NGZPHW QPQIOIJQ).(# - "#&.$ $,z (3$& $..#(**(* $#( 4_ &' #('"#.*p 1! "4 ." )"2 ,$)2 "4# (3$& $..#(** #( ($*(. &) #(* ")*( 2" $ 4_ &'{#('"#.* #(<4(*2z .")"2 *(). ( ('2#")&' 3$& 2" 27&* ()2&2 p 1)*2($.z '")2$'2 27( "!!&'( _ 7")( "# _ 2#$.&2&")$ 3$& p 1! "4 7$9( $) <4(*2&")*z ($*( '")2$'2mnopqmrpstunp |}4#*4$)2 2" 6('2&") qnnp~rns€z - "#&.$ 62$242(*z (!!('2&9( '2"_(# sz ~os~z &'()*((* &'()*(. 4).(# 7$ 2(# qnnz -p6p 34*2 #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** &! 27( 7$9( ")(p 7( (3$& * #"9&.(. 3$ _( 4*(. !"# "!!&'&$ '"334)&'$2&") ,&27 27( &'()*((p ",(9(# (3$& $..#(**(* $#( 4_ &' #('"#.p 1! "4 ." )"2 ,&*7 2" *4 $ (#*")$ $..#(**z ($*( #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** ,7&'7 '$) _( 3$.( $9$& $_ ( 2" 27( 4_ &'p } ($*( *(( "4# kP\QIN ‚gg $0( 2" .(2(#3&)( &! "4 $#( $!!('2(. _ 27&* '7$)0(p
61
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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=>??>@A BC =?D=ED?F?GHIJKLJJ KMNOPQRHNK $3(S TU V WOHPQOX QPJY $&) ..#(**S ZOH[QRJ \\OJLLZ ZOH[QRJ \\OJLLZZOH[QRJ \\OJLLZZOH[QRJ \\OJLLZZOH[QRJ \\OJLLZ HIJKLJ KMNOPQRHNK %&'()*( (S RQK\QO\ NNMHK] KL^JIRNO W Y _$)`S R\ ONNMHK] KL %&'()*( 43a(#S bcc 62$24*S dOOJKRUIRH[J %&'()*4#( ;$2(S efghighebj 58 &#(*S bbgkeghehc ^JIHQlmdQlHMHIQRHNKL mdQlHMHIQRHNK MMJIRH[J lRJOKQRJ QPJL +&(, _( $2(. %&'()*( 1)!"#3$2&")+&(, %&'()*( "3 $&)2hjeb lQHO RNKJ NQ\U QllQnQLLJJ khkii SS 53$& S dLRNPJO NKRQIR JKRJO SS 4*2"3(# ")2$'2 ()2(#S opqrsotruvwp7( 62$2( "! - "#&.$ &* $) x55 (3 " (#r N^XOH]nR heeyzhebe RQRJ NM lNOH\Q{ OH[QIX RQRJPJKR).(# - "#&.$ $,| (3$& $..#(**(* $#( 4a &' #('"#.*r 1! "4 ." )"2 ,$)2 "4# (3$& $..#(** #( ($*(. &) #(* ")*( 2" $ 4a &'}#('"#.* #(<4(*2| .")"2 *(). ( ('2#")&' 3$& 2" 27&* ()2&2 r 1)*2($.| '")2$'2 27( "!!&'( a 7")( "# a 2#$.&2&")$ 3$& r 1! "4 7$9( $) <4(*2&")*| ($*( '")2$'2opqrsotruvwpr ~4#*4$)2 2" 6('2&") sppr€tp u‚| - "#&.$ 62$242(*| (!!('2&9( '2"a(# u| €qu€| &'()*((* &'()*(. 4).(# 7$ 2(# spp| -r6r 34*2 #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** &! 27( 7$9( ")(r 7( (3$& * #"9&.(. 3$ a( 4*(. !"# "!!&'&$ '"334)&'$2&") ,&27 27( &'()*((rƒ",(9(# (3$& $..#(**(* $#( 4a &' #('"#.r 1! "4 ." )"2 ,&*7 2" *4 $ (#*")$ $..#(**| ($*( #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** ,7&'7 '$) a( 3$.( $9$& $a ( 2" 27( 4a &'r ($*( *(( "4# nQ^RJO „cc $0( 2" .(2(#3&)( &! "4 $#( $!!('2(. a 27&* '7$)0(r
62
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
Jaime Cynamon, PE
Structural Engineer
Mr. Cynamon has over thirty-five
(35) years of professional
engineering experience as a civil
engineer. He specializes in
structural analysis, design, plan
review and inspections. His broad
range of expertise includes
providing design and inspection
services to determine structural
conditions and identify forensic
related issues. He is certified
under the requirements of Chapter
8, Article II and by the Miami-Dade
County Board of Rules of Appeals
(BORA).
EDUCATION
BS in Civil Engineering
Universidad Federal do Rio
Janeiro
STATE OF FLORIDA LICENSE
Professional Engineer
PE65594
Structural Plans Examiner
PX3416
Certified Board of Rules and
Appeals
Miami-Dade County (BORA)
State Requirements for
Educational Facilities (SREF)
Structural Plans Examiner & Inspector, C.A.P. Government,
Inc.
2014 – Present
Reviews building plans for compliance with construction codes
and regulations; prepares written reports on code discrepancies
and code violations; develops, maintains and updates records of
codes and plan reviews; interprets codes ordinances and
regulations and issues department codes. Determines the
structural soundness of buildings and construction projects.
Tasks include inspecting and assessing the structural quality
of a building and ensuring compliance with zoning regulations,
national building codes,
and contract specifications
EXPERIENCE
Senior Structural Engineers, Pistorino & Alam Consulting
Engineers.
2013-2014.
Responsible for inspection of existing structures for condition
assessment, design of solutions for structural problems and
forensic related issues
Facilities Engineering School Board of Broward.
2007-2013
Responsible included reviewing construction documents to ensure
constructability and compliance with applicable building codes,
SBBC Design Criteria and standards, regulations, and educational
specifications.
Project Manager, Structural Department, School Board of
Broward County.
2007-2007
Designer of Engineering, School Board of Broward County.
2003-2007
JAIME CYNAMON, PE
63
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
2/3/23, 5:22 PM DBPR - CYNAMON, JAIME H.E., Professional Engineer
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T H E O F F I C I A L S I T E O F T H E F L O R I D A D E P A R T M E N T O F B U S I N E S S &
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LICENSEE DETAILS 5:22:50 PM 2/3/2023
Licensee Information
Name:CYNAMON, JAIME H.E. (Primary Name)
Main Address:*Private Address* *Private Address*
*Private Address*
*Private Address*
*Private Address*
License Location:343 ALMERIA AVENUE
CORAL GABLES FL 33134
County:DADE
License Information
License Type:Professional Engineer
Rank:Prof Engineer
License Number:65594
Status:Current,Active
Licensure Date:01/18/2007
Expires:02/28/2025
Special
Qualifications
Qualification Effective
Structural 1 08/08/2006
Structural 2 02/16/2011
Advanced Building
Code Course Credit 08/29/2018
7th Edition, Florida
Building Code 04/14/2022
FL Board
Recognized
Structural Engineer
11/04/2022
Alternate Names
View Related License Information
View License Complaint
64
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
!"# $ %&'()*(+(#&! $ %&'()*((+&(, -"". / %".0&)0 1)* ('2&")*-& ( $ "3 $&)2")2&)4&)0 5.4'$2&") "4#*(6($#'7+&(, &'$2&") 62$24*-&). 58$3 1)!"#3$2&")) &'()*(. '2&9&2 6($#'7:/ ;( &)<4()2 1)9"&'( / '2&9&2 %&*2 6($#'7
=>?@>?= AB ?CD?@DCEC=FGHIJHH IKLMNOPFLI $3(Q RS T UU VMFNOMW ONHX $&) ..#(**Q YMFZOPH [[MHJJY YMFZOPH [[MHJJYYMFZOPH [[MHJJYYMFZOPH [[MHJJYYMFZOPH [[MHJJY %&'()*( %"'$2&")Q \]\
\\^\] "4)2 Q FGHIJH IKLMNOPFLI %&'()*( (Q POI[OM[ _OIJ `ONFIHM a$)bQ _OIJ `ONFIHM %&'()*( 43c(#Q d\]^e 62$24*Q fMMHIPSGPFZH %&'()*4#( ;$2(Q ghi^gijg^j 58 &#(*Q ^^i\gijgjk lHGFO_mfO_FKFGOPFLIJ mfO_FKFGOPFLI KKHGPFZH fF_[FIn ghi^gijg^j _PHMIOPH ONHJ +&(, a( $2(. %&'()*( 1)!"#3$2&")+&(, %&'()*( "3 $&)2jeg^ _OFM PLIH LO[S O__OoOJJHH \j\hh QQ 53$& Q fJPLNHM LIPOGP HIPHM QQ 4*2"3(# ")2$'2 ()2(#Q pqrstpusvwxq7( 62$2( "! - "#&.$ &* $) y55 (3 " (#s LlWMFnoP jggz{jg^g POPH LK _LMF[OU MFZOGW POPHNHIP).(# - "#&.$ $,| (3$& $..#(**(* $#( 4c &' #('"#.*s 1! "4 ." )"2 ,$)2 "4# (3$& $..#(** #( ($*(. &) #(* ")*( 2" $ 4c &'}#('"#.* #(<4(*2| .")"2 *(). ( ('2#")&' 3$& 2" 27&* ()2&2 s 1)*2($.| '")2$'2 27( "!!&'( c 7")( "# c 2#$.&2&")$ 3$& s 1! "4 7$9( $) <4(*2&")*| ($*( '")2$'2pqrstpusvwxqs ~4#*4$)2 2" 6('2&") tqqs€uq v‚| - "#&.$ 62$242(*| (!!('2&9( '2"c(# v| €rv€| &'()*((* &'()*(. 4).(# 7$ 2(# tqq| -s6s 34*2 #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** &! 27( 7$9( ")(s 7( (3$& * #"9&.(. 3$ c( 4*(. !"# "!!&'&$ '"334)&'$2&") ,&27 27( &'()*((s
65
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
Luis Perez, PE
Structural Engineer
Mr. Perez has over forty (40)
years of experience in structural
design. Mr. Perez has vast
experience in the design of low,
mid-, and high-rise structures
utilizing a wide variety of
construction materials, including
reinforced concrete, structural
steel, wood, and masonry. He
has design experience in
educational facilities, hotels, office
buildings, stadiums,
condominiums, and convention
centers.
EDUCATION
BS in Civil Engineering
University of Havana
STATE OF FLORIDA LICENSE
Structural Engineer
PE36145
Board of Rules & Appeals (BORA)
Structural Engineering, C.A.P. Government, Inc.
2015 – Present
Reviews building plans for compliance with construction codes and
regulations; prepares written reports on code discrepancies and code
violations; develops, maintains and updates records of codes and plan
reviews; interprets codes ordinances and regulations and issues
department codes. Determines the structural soundness of buildings and
construction projects. Tasks include inspecting and assessing the
structural quality of a building and ensuring compliance with zoning
regulations, national building codes, and contract specification s.
EXPERIENCE
Chief Structural Engineers, City of Miami Beach
Building Department, Miami Beach, FL.
2013-2015.
Chief Structural Plans Examiner, City of Miami Beach
Building Department, Miami Beach, FL.
2004-2013
Performed structural plans examination of building permits for the City of
Miami Beach Building Department.
Structural Engineer Director, Wolfberg Alvarez & Partners, (WA).
1999-2004
Managed the Structural Engineering section of the company and
acted as Engineer of Record for in-house WA Projects. Responsible
for all phases of projects: structural design and interdisciplinary
coordination, construction coordination, and field inspections
Chief Structural Engineer, The Raul Puig Group, P.A.
1993-1999
Produced all Structural Engineering for the firm involving the structural
design, construction coordination, field inspections for mid- and high-rise
projects.
Senior Structural Engineer, Bliss & Nyitray, Inc.
1989-1993
Designed, coordinated, and directed supervision of draftsmen for large
steel and concrete structures.
LUIS PEREZ, PE
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Ricardo Fernández, RA
Senior Architect
Mr. Fernandez has over thirty-
two (32) years of experience in
both public and private sectors,
hospitality, parks and recreation,
government offices, and seaport
architecture. He understands the
sensitivities of new construction,
reconstructions, and remodeling
projects. His programmatic and
logistics skills are valuable and
sought-after assets by the clients.
His hands-on design, capacity for
organization, leadership qualities
and management style ensure
that critical-to-quality; critical-to-
budget and critical-to-schedule
criteria and objectives are entirely
satisfied.
Senior Architect, C.A.P. Government, Inc.
2019 – Present
Reviews building plans for compliance with construction codes and
regulations; prepares written reports on code discrepancies and
code violations; develops, maintains and updates records of codes
and plan reviews; interprets codes ordinances and regulations and
issues department codes. Determines the structural soundness of
buildings and construction projects. Tasks include inspecting and
assessing the structural quality of a building and ensuring
compliance with zoning regulations, national building codes, and
contract specifications.
EDUCATION
BS in Architecture
University of Florida
Honors, AIA Scholastic Merit
STATE OF FLORIDA LICENSE
Registered Architect
AR0007304
Certified Board of Rules and
Appeals (BORA)
Miami-Dade County
EXPERIENCE
President, Principal Architect, & Project Manager, Indigo Service
Corporation.
1978-2019
Delivered the following services to public and corporate clients in the
U.S. and overseas markets; architectural, design, management, and
consulting firm services. Delivered construction management, major
building renovations and comprehensive cost analysis, project logistics
and scheduling, ADA Audits, program management, inspections and
value analysis and constructability reviews to municipalities, county
governments, and agencies. Construction experience is credited for
creating attractive well-functioning projects and architectural, design
and construction solutions that address immediate and future needs, in
both large and small projects. Successfully completed major Life Safety
evaluations and deficiencies report for the Miami Beach Convention
Center and the Miami Beach Theater of Performing Arts. Managed the
following contracts: Miami-Dade County (MDC) Parks & Recreation
and Open Spaces Department, MDC Aviation Department MDC
Internal Services Department (GSA), City of Miami, Department of Off-
Street Parking, Department of Homeland Security, U.S. Department of
State, Port of Houston Authority, Port of Miami, Cruise Lines; Carnival,
Celebrity Costa, Disney, Holland-America, Royal Caribbean
International, and Princess Cruises. Responsible for the innovative
design and construction management of Royal Caribbean
International’s $20 million World Headquarters at the Port of Miami.
RICARDO J. FERNANDEZ, RA
SENIOR ARCHITECT
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Leonardo Liguori, RA
Registered Architect
Mr. Liguori has over fourteen (14)
years of experience working as a
Registered Architect. Leonardo is
a professional with strong work
ethics, an education heavily
focused on the technical areas of
Architecture, an insider’s
viewpoint of most parties involved
in the design and building
process, and time and people
management experience
Registered Architect, C.A.P. Government, Inc.
2021 – Present
Reviews building plans for compliance with construction codes and
regulations; prepares written reports on code discrepancies and code
violations; develops, maintains and updates records of codes and plan
reviews; interprets codes ordinances and regulations and issues
department codes. Determines the structural soundness of buildings
and construction projects.
EDUCATION
Six (6) year degree in Architecture
Uruguay State University
Computer Assisted Design
(C.A.D)
STATE OF FLORIDA LICENSE
Registered Architect
RA96554
EXPERIENCE
Architect, Pacheco- Martinez & Associates, L.L.C.
2006-2015
Worked on the Design Development, and on the production of
Construction Documents of high-end residential architecture.
Project Architect, Saltz- Michaelson Architects.
2005
Assisted on the Conceptual Design, and worked on the Design
Development and the production of Construction Documents for
diverse commercial projects including educational facilities, retail, and
office spaces, gyms, etc.
Architectural/ Structural Designer- Botkin- Parssi & Associates,
Inc.
2004-2005
Designed structural solutions for various
types of projects including commercial, residential and hardscape.
Senior Designer- Structural Systems South Bay, Inc.
2002-2004
Produced shop drawings and supervised the plant production of
precast reinforced concrete walls, roof and deck slabs, and steel
structural members.
LEONARDO LIGUORI, RA
REGISTERED ARCHITECT
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2/3/23, 4:47 PM DBPR - LIGUORI, LEONARDO, Architect
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Licensee Information
Name:LIGUORI, LEONARDO (Primary Name)
Main Address:300 BAYVIEW DRIVE
#909
SUNNY ISLES BEACH Florida 33160
County:DADE
License Information
License Type:Architect
Rank:Architect
License Number:AR96554
Status:Current,Active
Licensure Date:03/27/2013
Expires:02/28/2025
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2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395
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not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact
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Giuseppe Nediani, PE
Professional Engineer
Mr. Nediani has over twenty (20)
years of experience as a Multi-
disciplined Engineer. He has
Mechanical, Structural, Electrical
and Plumbing experience. He has
performed Plans Review,
Inspections, Engineering Studies
and Reports along with
concentration in Forensic
Engineering. Mr. Nediani
understands the Municipal Plans
Review, Inspections process,
Project Revision and Cost
Estimating Processes in
connection with both Commercial
and Residential Project.
EDUCATION
Ph. D in Mechanical Engineering
University of Birmingham
MS Management Engineering/
Mechanical Engineering
Rensselaer Polytechnic Institute
STATE OF FLORIDA LICENSE
Professional Engineer
PE59435
Board of Rules & Appeals (BORA)
Mechanical, Electrical Plans Examiner & Inspector,
C.A.P. Government, Inc.
2017 – Present
Responsible for closely inspection of mechanical, and other systems
for commercial and residential sites, like appliances, boilers,
elevators, gas and oil lines, and HVAC systems. Evaluate and
approve or disapprove of the work done in accordance with local
and state regulations. Responsible for inspecting the installation of
electrical systems and equipment to detect faulty wiring and ensure
they comply with electrical codes and standards. Visits construction
sites and residences, performs inspection, and makes
recommendations for improvement.
EXPERIENCE
Project Manager, Seminole Tribe of South Florida.
2007-2017
Construction Cost Estimator, MEP Engineering.
2012-2017
Instructor, FIU & School of Professional Engineers.
2012-2017
MEP Engineer of Record, School of Professional Engineers.
2010-2012
Forensic Engineer, National Forensic, Consultants, Inc. (part time)
2005-2007
Instructor of Mechanical Engineering Conditioning,
Mechanical & Electrical Systems of Buildings.
1985-2003
Plant Engineer, Mechanical & Structural.
1976-1978, 1990-2000
Designer, In a Tractor Trailer & Dump-Truck Manufacturing Firm.
1976-1978, 1982-1983
GIUSEPPE MEDIANI, PE
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Ebel Morey Cuba, PX, BN
Mechanical
Plans Examiner & Inspector
Mr. Morey is an experienced
licensed mechanical contractor
and air conditioning contractor,
specializing in reviewing
mechanical documents and field
inspections.
EDUCATION
Degree in Economy and
Commerce
Degree in HVACR
STATE OF FLORIDA LICENSE
Mechanical Plans Examiner
PX3725
Mechanical Inspector
BN6856
Certified Mechanical Contractor
CMC1250692
Certified Air Conditioning
Contractor
CAC1817283
Mechanical Plans Examiner & Inspector,
C.A.P. Government, Inc.
2018 – Present
Responsible for inspection of mechanical, and other systems for
commercial and residential sites, like appliances, boilers, elevators,
gas and oil lines, and HVAC systems. Evaluate and approve or
disapprove of the work done in accordance with local and state
regulations. Reviews plans to ensure that the plans meet building
codes and requirements of the state, county, and city where the
construction is taking place.
EXPERIENCE
President, AC 2U Corp.
2012-2018
Responsibilities included reviewing plans, equipment installation
service and maintaining all types of mechanical equipment.
Reviewed contracts with residential and commercial customers
according to the different regulations.
Foreman, Danajo Industrial.
2008-2012
Responsibilities included reviewing plans, equipment installation
service and maintaining all types of mechanical equipment.
Reviewed contracts with residential and commercial customers
according to the different regulations.
AC Technician, Copextel SA Ciba.
1997-2001
Responsibilities included installation of all mechanical equipment.
EBEL MOREY CUBA, PX, BN
MECHANICAL PLANS EXAMINER & INSPECTOR
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DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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John Hinson, BN
Electrical Inspector
Mr. Hinson has over thirty- four (34)
years of experience working as an
Electrical Inspector.
Electrical Inspector, C.A.P. Government, Inc.
2022 – Present
Responsible for inspecting the installation of electrical
systems to ensure they comply with electrical codes and
standards. Visits construction sites and residences,
performs inspection, and provides applicable code
references of detected violations.
EDUCATION
High School Diploma
Auto Mechanics Cort
I.B.E.W. Apprentice Ship
STATE OF FLORIDA LICENSE
Electrical Inspector
BN2052
EXPERIENCE
Consulting Services Provider, Personal Business
2014
Services included assisting with health, and code violations,
building and zoning issues.
Inspector, (EFCA Group)
2016-2020
Provided inspections for new construction, remodeling, fire
alarm, and security systems for Miami Dade County School
Board
Inspector, City of Miami, Miami, FL.
1986-2014
Assisted in multiple departments such as:
• Community Development
• Code Enforcement
• Building and Zoning
• Electrical Inspections with high rises and residential
• Unsafe Structure
• 40-year certification building compliance
• Fire Alarm Inspections
• Emergency Generators
Electrician- I.B.E.W., Miami, FL
1969-1986
• Worked on industrial, commercial, and residential jobs such
as high rises, condos, and office buildings.
JOHN HINSON, BN
ELECTRICAL INSPECTOR
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DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
Alfredo Sanchez, PX, BN
Electrical Plans Examiner & Inspector
Mr. Sanchez has over fifteen (15)
years of experience in the
construction industries as
electrical plans examiner,
inspector. His experience
includes the installation of conduit,
termination, devices equipment
switchboards, panel boards and
transformers in electrical rooms,
installation of telephone, data and
fire alarm systems in new and
existing construction. Installation
of generators for emergencies in
middle schools, high schools,
restaurants, hotel buildings,
baseball stadiums, hospitals,
residential, and commercial
installations.
EDUCATION
Bachelor’s Degree
Electrical Engineering
STATE OF FLORIDA LICENSE
Electrical Plans Examiner
PX3456
Electrical Inspector
BN6442
Electrical Contractor
EC13004903
ADDITIONAL EXPERIENCE
Electrician, Skyler Electric
2003-2004
Electrical Plans Examiner & Inspector, C.A.P. Government, Inc.
2014 – Present
Reviews plans to ensure that the plans meet building codes and
requirements of the state, county, and city where the construction is
taking place. Responsible for inspecting the installation of electrical
systems and equipment to detect faulty wiring and ensure they comply
with electrical codes and standards. Visits construction sites and
residences, performs inspection, and makes recommendations for
improvement.
EXPERIENCE
Electrical Plans Examiner & Inspector, Preferred Elect. Cont. Inc.
2008 – 2014
Installed and maintained wiring, control, and lighting systems.
Inspected electrical components, such as transformers and circuit
breakers. Identified electrical problems using a variety of testing
devices.
Electrician, Dade Electrical Services, Inc.
2005-2007
Carry out the maintenance and repair work of various electrical
appliances efficiently. Worked on the installation of electrical
equipment. Identified electrical problems using a variety of testing
devices.
Electrician, Robert N. Lewis Electrical Contractor.
2004-2005
Identified electrical problems using a variety of testing devices.
ALFREDO SANCHEZ, PX, BN
ELECTRICAL PLANS EXAMINER & INSPECTOR
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DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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79
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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80
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
Ronald M. Levy, PX, BN
Plumbing
Plans Examiner & Inspector
Mr. Levy has over forty (40) years
of experience in all phases of
plumbing installations. He has
performed plans, reviews and
inspections for both residential
and commercial properties.
EDUCATION
High School Diploma
Hialeah High
United Service Training Corp.
Miami-Dade Plumbers Local 519
Apprenticeship
STATE OF FLORIDA LICENSE
Plumbing Plans Examiner
PX2766
Plumbing Inspector
BN5276
Plumbing Plans Examiner & Inspector,
C.A.P. Government, Inc.
2022 – Present
Mr. Levy provides plumbing plan reviews and inspections for
CAP’s municipal clients throughout Miami-Dade County.
Reviews plans to ensure that the plans meet building codes and
requirements of the state, county, and city where the
construction is taking place. Examine and test new or existing
plumbing systems in buildings to make sure they are installed.
EXPERIENCE
Plumbing Plans Examiner/ Inspector, Building Dept. City of
Miami Beach, Miami Beach, FL.
2004-2016
Technical work enforcing compliance with applicable National, State
and local laws, codes and state regulation in the City of Miami Beach
Building Department through review of construction plans and
specifications. Inspected new and existing plumbing installations.
Vice President/ Co-owner, Qualified Plumbing Co., Miami, FL
1974-2004
Responsible for all phases of plumbing installations, estimations of
material, labor cost, and water piping. Also handled drainage, venting,
gas fixtures and supervision Journeyman Plumbers on Installations
systems.
RONALD M. LEVY, PX , BN
PLUMBING PLANS EXAMINER & INSPECTOR
81
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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82
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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83
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
Victor Diaz, PX, BN
Plans Examiner & Inspector
Mr. Diaz has more than twenty
(20)years in the plumbing industry
with a deep knowledge of the
plumbing systems and the various
methods of installing, maintaining
and repairing plumbing
equipment’s. Ability to interrupt the
necessary codes while performing
inspection on plumbing
equipment’s, familiarity with OSHA
safety regulations, State and
Federal laws, skilled to read and
interpret blueprints and technical
manuals.
.
Plumbing Plans Examiner & Inspector, C.A.P. Government, Inc.
2009 – Present
Reviews plans to ensure that the plans meet building codes and
requirements of the state, county, and city where the construction is
taking place. Examine and test new or existing plumbing systems in
buildings to make sure they are installed.
STATE OF FLORIDA LICENSE
Plumbing Plans Examiner
PX2261
Plumbing Inspector
BN4474
Plumbing Contractor
CFC058010
Certified Board of Rules and
Appeals
Miami-Dade County (BORA)
EXPERIENCE
Manager & field Supervisor, Southwest Plumbing Services, Inc.
1992 – 2014
Supervised plumbers, coordinate jobs and complete plumbing
installations. Site work, groundwork, above slab, top out, fixture set
out, and punch out. Safety coordinator oversee quality work is
performed by all plumbers and apprentices, able to train personnel to
become Journeyman plumbers and foremen. Work included
residential custom homes, commercial work, Dental clinics, high-rise
luxury condominiums Jackson Memorial Medical renovations (Med –
Gas) Broward General Medical Center. Med – Gas installations,
orders materials, scheduling. Designed plumbing installations, design
as-builts, coordinate work with other trades and trouble shoots
plumbing problems.
VICTOR DIAZ, PX , BN
PLUMBING PLANS EXAMINER & INSPECTOR
84
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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85
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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=>?=@?AB CD =EF=GFE>EHIJKLMKK LNOPQRSIOL $3(T UV WPIQRPX RQKY $&) ..#(**T Z[\]] ^ Z]\ _OPI`R aaZbb "4)2 T IJKLMK LNOPQRSIOL %&'()*( (T SRL`RP` LMcKJSOP d$)eT LMcKJSOP %&'()*( 43f(#T [[b[ 62$24*T gPPKLSVJSIhK %&'()*4#( ;$2(T i\jikj\iia 58 &#(*T ZZjaij\i\k cKJIR_lgR_INIJRSIOLM lgR_INIJRSIOL NNKJSIhK _gQmILn ikjaij\ii\ _SKPLRSK RQKM +&(, d( $2(. %&'()*( 1)!"#3$2&")+&(, %&'()*( "3 $&)2\]iZ _RIP SOLK OR`V R__RoRMMKK a\app TT 53$& T gMSOQKP OLSRJS KLSKP TT 4*2"3(# ")2$'2 ()2(#T qrstuqvtwxyr7( 62$2( "! - "#&.$ &* $) z55 (3 " (#t OcXPInoS \iib{\iZi SRSK ON _OPI`R| PIhRJX SRSKQKLS).(# - "#&.$ $,} (3$& $..#(**(* $#( 4f &' #('"#.*t 1! "4 ." )"2 ,$)2 "4# (3$& $..#(** #( ($*(. &) #(* ")*( 2" $ 4f &'~#('"#.* #(<4(*2} .")"2 *(). ( ('2#")&' 3$& 2" 27&* ()2&2 t 1)*2($.} '")2$'2 27( "!!&'( f 7")( "# f 2#$.&2&")$ 3$& t 1! "4 7$9( $) <4(*2&")*} ($*( '")2$'2qrstuqvtwxyrt €4#*4$)2 2" 6('2&") urrt vr‚wƒ} - "#&.$ 62$242(*} (!!('2&9( '2"f(# w} sw } &'()*((* &'()*(. 4).(# 7$ 2(# urr} -t6t 34*2 #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** &! 27( 7$9( ")(t 7( (3$& * #"9&.(. 3$ f( 4*(. !"# "!!&'&$ '"334)&'$2&") ,&27 27( &'()*((t„",(9(# (3$& $..#(**(* $#( 4f &' #('"#.t 1! "4 ." )"2 ,&*7 2" *4 $ (#*")$ $..#(**} ($*( #"9&.( 27( ;( $#23()2 ,&27 $) (3$& $..#(** ,7&'7 '$) f( 3$.( $9$& $f ( 2" 27( 4f &'t € ($*( *(( "4# oRcSKP [kk $0( 2" .(2(#3&)( &! "4 $#( $!!('2(. f 27&* '7$)0(t
86
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
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=>?@>=A BC D=E=FE=?=@GHIJKII JLMNOPQGMJ $3(R ST UNGOPNV POIW
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DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
Antonio Sánchez, SRI
Roofing Inspector
Mr. Diez has over five-two (52)
years of experience working in the
construction and building industry.
EDUCATION
High School Diploma
Southwest Miami Senior High
Business and Administrative
Miami Dade College
STATE OF FLORIDA LICENSE
Roofing Inspector
BN6352
Sealoflex (waterproof system)
Certified Roofing Contractor
CCC1329381
Certified Board of Rules and
Appeals
(BORA) Miami-Dade County
Roofing Inspector,
C.A.P. Government, Inc.
2015 – Present
Conducts inspections on commercial and residential buildings and
ensures compliance with the Florida Building Code and
applicable. Prepares inspection reports describing observed
violations, corrective action and making appropriate references to
the plans, and quality control manuals.
EXPERIENCE
President, LandShark Roofing, Inc. ,City of Miami, Miami, FL.
2010-2015
Scheduled daily inspections, processed permits. In charge of
contracts, pricing and negotiations. Maintaining all company
expenses making sure they are up to date. In charge of the
following:
▪15 Employees
▪Payroll/Finical Report
▪Schedule Inspections
▪Process Permits
▪Material Purchasing/Ordering
▪Contract Pricing/Negotiations
▪Employee transportation to and from job site
▪Maintaining all company expenses up to date
Roofing Inspector, Miami-Dade County RER.
2014-2015
Residential and Commercial
Supervisor, M & M Roofing.
2003-2008
Responsible for supervising eight (8) employees. Processing permits,
obtaining, delivering material to job site. Observed and scheduled
property prior to each inspection. Present at jobsite when inspector
arrives
ANTONIO SANCHEZ, SRI
ROOFING INSPECTOR
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James Wagner, BN
Building/Roofing Inspector
Mr. Wagner has over twenty (20)
years of experience in
construction management,
supervisory and oversight
positions. He possesses a
comprehensive knowledge of roof
design, building construction
regulations. He has knowledge in
construction matters, building
code issues and interacting with
designers, consultants and
contractors. Additionally, he is
qualified to provide professional
services to educational institutions
per the State Requirement for
Educational Facilities (SREF).
Building/ Roofing Inspector, C.A.P. Governement, Inc.
2014 – Present
Determines the structural soundness of buildings and construction
projects. Tasks include inspecting and assessing the structural
quality of a building and ensuring compliance with zoning
regulations, national building codes, and contract specifications.
EDUCATION
Roofing Certificate of Eligibility
Miami-Dade County
Certified Building Inspector
International Code Council
STATE OF FLORIDA LICENSE
BuiIding Inspector
BN4270
Certified Board of Rules and
Appeals
(BORA) Miami-Dade County
State Requirement for Educational
Facilities (SREF)
ADITIONAL EXPERIENCE
Superintendent, Sunstate Roofing
Associates, Inc.
1983-1994
EXPERIENCE
Building Inspector Roofing Division, Miami-Dade County.
2000-2009
Performed roofing inspections and roofing consulting for Miami-Dade
County. Responsible for maintaining the health, safety, and welfare of
the public, through the implementation of a strong building code.
Maintained a proficiency in design calculations necessary to establish
attachment criteria for roof membranes, wood blocking, insulation,
sheet metal components and roof tile.
Field Technician, Professional Services, Inc.
1999-2000
Assisted in the conduct of visual roof surveys, infrared, nuclear, and
capacitance moisture surveys, roof drainage studies, roof energy
studies, moisture, and vapor migration studies. Provided
recommendations for corrective action, conducted quality assurance
efforts during construction, prepared reports and assist the Senior Roof
Consultant with all related tasks and efforts.
Supervisor, M & M Roofing.
1994-1999
Organized and directed dispatched drivers.
JAMES WAGNER, BN
BUILDING/ ROOFING INSPECTOR
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Eugene Collings-Bonfill, PE, PS, PMP
Professional Engineer
Mr. Eugene has over twenty-six (26) years of
experience in the engineering and
construction industry inclusive of surveying,
engineering planning and design, program,
and project management, CEI, and
construction. Extensive work on a wide range
of City of Doral, City of Miami, City of Miami
Lakes, City of Miami Beach, City of South
Miami, Miami-Dade County, Florida
Department of Transportation (FDOT),
Florida’s Turnpike Enterprise (FTE), and
Greater Miami Expressway Authority (GMX,
previously MDX) roadway design and
construction projects, which encompass a
broad range of skill sets including Surveying,
Transportation Planning, Construction
Management, Right-of-Way Acquisition,
Plans Design and Preparation for Traffic and
Roadway Systems, Signalization, Structures,
Stormwater, Signing and Pavement
Markings, Maintenance of Traffic (MOT),
Utility Coordination, CEI, and Permitting.
Engineering, C.A.P. Engineering, Inc.
2023 – Present
Responsible for building and leading the Engineering
Group in all disciplines. Responsibilities include growth
strategy for the company and engineering disciplines under
supervision, personnel decisions, financial analysis of
projects, business development, pursuits of new clients
and project opportunities, Program/Project Management
including oversight of projects within the division and
mentoring of junior engineers and staff.
EDUCATION
B.S., Civil Engineering
University of Miami
M.S., Civil/Structural Engineering
University of Miami
MBA
Florida International University
STATE OF FLORIDA LICENSE
Professional Engineer
PE77583
Professional Surveyor and Mapper 7083
Certified Floodplain Manager
ENV SP
ADITIONAL EXPERIENCE
Program Manager and Project Executive,
Doral Parks and Bond Program, Doral, FL
2019-2021
EXPERIENCE
Vice President, Municipal and Land Development,
EXP US Services, Inc.
2021-2023.
Responsible for ensuring that projects vision is realized
through excellence in execution. Serves as part of the
senior staff, working in an interdisciplinary manner with
their peers in other departments and sectors throughout
the US and Canada. Recruits world‐class engineering
talent and participate in the process, including attracting,
screening, and closing high-caliber candidates.
Participate in strategic planning meetings with project
management, architecture, and design. Create, manage,
and measure KPI’s for each project and staff member.
Assure that department achieves objectives and project
completion within budget and time frame.
Assistant Director/Chief of Engineering, Public
Works Department, City of Doral, Doral, FL.
2019-2021
EUGENE COLLINGS-BONFILL, PE, PSM, PMP
PROFESSIONAL ENGINEER
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Owen J. Karickhoff, PE
Professional Civil Engineer
Mr. Karickhoff has over thirty-eight (38)
years of extensive experience providing
civil and environmental services to
municipal, solid waste, and
water/wastewater industries. His expertise
as project manager has included site
characterization, construction oversight,
regulatory compliance, hazardous waste
management, landfill design, remedial
design, digester cleaning and retrofit
design, and directional drilling oversight.
Senior Civil Engineer, C.A.P. Government, Inc.
2018 – Present
Provides a broad range of civil engineering services to all
aspects of design, permitting, construction quality assurance
and construction management
EDUCATION
BS in Nuclear Engineering
University of Virginia
Graduate level courses in Civil Engineering
Virginia Tech
STATE OF FLORIDA LICENSE
Professional Engineer
PE79901
ADITIONAL EXPERIENCE
Project Manager, Dames & Moore -1991-
1993
Project Engineer, Chattahoochee
Geotechnical Consultants, Inc. – 1990-
1993
Staff Engineer, Froehling & Robertson
1986-1990
Instrument Man, Seven-K Construction Co.
– 1985-1986
EXPERIENCE
Project Manager/Engineer, Rovers & Associates
2012-2017
Served as Engineer/Owner's Representative at the
Breslube Penn Superfund Site in Moon Township, PA for
remedial action and associated work including excavation
and consolidation of contaminated soils; installation of a
modified RCRA Subtitle C cap cover system; installation of
a vertical slurry wall; installation of drainage system to direct
waters through activated carbon treatment cells to positively
treat for discharge at non-detect concentrations.
Project Manager, CT Consultants
1996-1997
Responsible for successful completion of the initial 1997
and 1998 license applications under new Ohio EPA Rules
for five construction and demolition debris (C&DD)
facilities located in Cuyahoga County, Ohio and one in
Summit County, Ohio. One application was noted to be
the first approved in Cuyahoga County; and regulatory
recognition and referral resulted in other C&DD facility
business development.
Project Manager, Rust Environment & Infrastructure
1993-1996
Project Manager for a broad range of Civil/Environmental
related projects; and provided technical assistance and field
support to other Project Managers. Duties included
technical responsibilities as well as schedule and budget.
OWEN J. KARICKHOFF, PE
PROFESSIONAL CIVIL ENGINEER
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Oscar Alvarez, PX, BN
Plans Examiner & Inspector
Mr. Alvarez has over twenty (20)
years of experience as a plans
examiner and inspector. Mr.
Alvarez holds a degree as a
Mechanical Engineer. He is
knowledgeable of State and
Local codes and Laws governing
building construction,
mechanical, plumbing, gas, fire
protection system construction
and installation. He is licensed
by the State of Florida as a fire
safety, mechanical and plumbing
plans examiner, and inspector
Mechanical & Plumbing Plans Examiner & Inspector, C.A.P.
Government, Inc.
2013 – Present
Reviews plans to ensure that the plans meet building codes and
requirements of the state, county, and city where the construction is
taking place. Responsible for closely inspection of mechanical, and
other systems for commercial and residential sites, like appliances,
boilers, elevators, gas and oil lines, and HVAC systems. Evaluate and
approve or disapprove of the work done in accordance with local and
state regulations. Examine and test new or existing plumbing systems
in buildings to make sure they are installed.
EDUCATION
Mechanical Engineer
University of Havana
Bachelor’s Degree Equivalent
Certification 2006
United States
National Fire Safety Inspector and
Certification
Miami Dade College
STATE OF FLORIDA LICENSES
Mechanical, Plumbing Inspector
PX3324
Mechanical, Plumbing Inspector
BN6191
State Requirements for
Educational Facilities (SREF)
Certified Board of Rules and
Appeals
Miami-Dade County (BORA)
EXPERIENCE
Miami Dade College, Hialeah Campus, Hialeah, FL
CAP Government, Inc. (CAP) was retained by Miami-Dade College to
review the construction documents for compliance with the Florida
Building Code. Mr. Alvarez is responsible for the Plans Examination
and Inspection of the Mechanical and Fire and Life Safety component
for this site.
Miami Dade College, Kendall Campus, Miami, FL
CAP has been involved in reviewing the Construction Documents for
the improvements and remodeling work of the classrooms,
laboratories, etc. CAP also inspects the above-referenced work for
code-compliance purposes. An example of these services is the
recently completed Building 3000 that was subjected to an extensive
interior renovation. Mr. Alvarez was responsible for the Plans
Examination and Inspection of the Mechanical and Fire and Life
Safety component for this site.
Florida International University, Miami, FL
CAP is under contract to provide Plans Review and Inspections
Services of the Designer’s Plans to ensure code compliance with the
Florida Building Code and FIU Design Criteria Requirements. Mr.
Alvarez has been involved in the plan’s examination and Inspection of
the mechanical and fire and life safety component for these sites.
OSCAR ALVAREZ, PX, BN
PLANS EXAMINER & INSPECTOR
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Orlando Diez
Provisional Building Plans Examiner
& Inspector
Mr. Diez has over five-two (52) years
of experience working in the
construction and building industry
Provisional Building Plans Examiner & Inspector, C.A.P.
Government, Inc.
2023 – Present
Reviews building plans for compliance with construction codes and
regulations; prepares written reports on code discrepancies and code
violations; develops, maintains and updates records of codes and plan
reviews; interprets codes ordinances and regulations and issues
department codes. Determines the structural soundness of buildings
and construction projects. Tasks Include inspecting and assessing the
structural quality of a building and ensuring complianc e with zoning
regulations, national building codes, and contract specifications.
EDUCATION
Fundamentals of Code Enforcement
and Administrative aspects of Code
Enforcement
University of Central Florida Institute
of Government
Planning & Zoning for Community
Land Use and effective Zoning
Administration Techniques
University of Wisconsin Madison-
(Professional Development Program)
Bachelor of Science in Construction
Engineering
Florida International University
Associate of Science in Civil
Engineering and Certificate in
Construction Engineering
Miami Dade College
STATE OF FLORIDA LICENSE
Building Inspector- BN6352
Home Inspector- HI6151
General Certified Contractor
CGCA60687
General Certified Contractor
CGC060687
EXPERIENCE
Vertical Construction Manager, Capital Improvement, City of
Miami, Miami, FL
2023-2018
Professional and administrative work managing building
construction projects for the city. Responsibilities include
managing several projects for Fire, Police and Park Department
simultaneously in various phases of development including
Architectural and engineering planning, construction management
inspection and warranty administration. Exercising considerable
independent judgment in the application of the principles and
practices of architectural planning, design and construction,
related engineering knowledge. Ability to review and suggest
changes, additions, and corrections and to interpret pertinent laws
and regulations, enforcing compliance with building designs and
construction schedules including bids analysis.
Director, Code Compliance City of Miami, Miami, FL-2017-
2018
Construction Manager, Capital Improvement, City of Miami,
Miami, FL- 2015-2017
Director, N.E.T. (Neighborhood Enhancement Team), City of
Miami, Miami, FL- 2013-2015
ORLANDO DIEZ, BN
PROVISIONAL PLANS EXAMINER & INSPECTOR
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Marc C. LaFerrier
Regional Operations Director
Mr. LaFerrier has experience in
the public and private sectors as
an executive director and public
administrator. Significant
experience with effectively
managing medium to large-scale
organizations, projects, programs,
and contracts. Areas of expertise
include personnel and budget
management, code administration,
strategic planning, economic
development, land use and
intergovernmental coordination. A
collaborative management style
combined with an inspirational and
results-orientated approach that
empowers and motivates an
organization and staff for high
achievement and excellence.
Regional Operations Director, C.A.P. Government, Inc.
2020 – Present
Responsible for planning, directing, and overseeing operations for
CAP’s Broward County office. Key member of CAP’s executive team
involved with the marketing, organization and management of CAP
Government operations and services.
EDUCATION
Graduate Studies Public
Administration: City University
Seattle, Washington
BS in Geography/ Geology and
Political Science: Eastern
Michigan University
CERTIFICATIONS
International City / County
Management Association (ICMA)
American Institute of Certified
Planners (AICP)
Urban Land Institute (ULI)
ADITIONAL EXPERIENCE
Executive Director of Planning and
Development Services, Keith and
Schanars, P.A. Planning and
Development Services-
2001-2004
EXPERIENCE
Community Development Director City of Dania Beach:
Department of Community Development Dania Beach
2012-2020
Director for planning, zoning, economic development, engineering,
code enforcement and building code compliance. Responsible for
significantly increasing the productivity and effectiveness of all
divisions while increasing revenues and workloads. Created the
Special Permitting Office (SPO) providing expedited building code
services for large scale development projects.
Director of Planning and Zoning, Miami-Dade County:
Department of Planning & Zooning
2008-2012
Director for urban and regional planning, zoning, smart growth,
community planning, economic development, historic preservation,
public hearings and community outreach. Successfully developed
consensus on key policy and implementation matters
Planning and Zoning Director, City of Fort Lauderdale: Planning,
Zooning and Community Development- 2004-2008
MARC C. LAFERRIER
OPERATIONS DIRECTOR
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Robert Fisk
Landscape
Mr. Fisk has over twenty-seven
(27) years of experience in the
Landscaping field. He has
undertaken every aspect of
Landscaping, including design,
installation, project site layout, and
maintenance, to ensure proper
horticulture procedures where
followed.
Landscape, Certified Arborist,
C.A.P. GOVERNMENT, INC.
2016 – Present
Maintains trees and shrubs through trimming and pruning, to ensure
they don't interfere with public works like power lines, roads, or
sidewalks. Services may also be used to improve the appearance,
health, or value of trees.
EDUCATION
BS in Landscape Architecture
Technology & Horticulture Science
Miami Dade College
Storm Water Inspector
Best Manager Practices
STATE OF FLORIDA LICENSE
Certified Arborist
Storm Water Inspector
EXPERIENCE
Owner, Robert Fisk Design
2015-2016
Landscape Design/Arborist/Horticulture and consultant to multiple
companies in South Florida
Landscape Designer, SFM Services
2011-2015
Responsible for Landscape installations and maintenance for
South Florida communities and municipalities. Mr. Fisk was
responsible for identifying problems in landscape and irrigation,
resolve problems in a proactive manner. Project Manager for
Florida Department of Transportation Landscape installation
projects.
Senior Project Manager, Rolling Oaks Landscaping
1998-2010
Responsible for plant material selection and installation, insuring
proper horticultural procedures were followed. Coordinated
operations with subconsultants, underground utility’s locations,
project site layout, irrigation Design and Installation oversight,
coordinated final inspections, oversaw punch list execution
responsible for multiple project oversight.
Designer & Project Coordinator, R&R Landscaping, Miami, FL
1993-1998
Performed work on residential projects.
ROBERT FISK
LANDSCAPE
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3. Personnel Plan
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TAB C – PERSONNEL PLAN
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
a. C.A.P. Government, Inc. (CAP) organizational chart illustrates our proposed staffing plan for each
position requested in this RFP. The personnel identified in our organizational chart are available
for immediate assignment to this contract. CAP will establish a kickoff meeting with the Village
Planner, Director of Building, Zoning, and Planning, as well as other Village stakeholders to assign
resources to the Village. Our proposed Team will serve the Village based on a daily, weekly, and
monthly basis to meet the Village’s needs. We will dedicate full-time and part-time personnel
based on Village requirements.
b. CAP has the necessary flexibility to increase or decrease the staff assigned to meet demands,
while maintaining high levels of professional and technical standards. CAP commits to providing
the necessary resources to meet staffing requirements of the Village’s Building Department, Code
Enforcement, and Public Work’s needs.
c. In our Organizational Chart we have included managerial positions assigned to the Village and
Corporate levels for the Building and Public Works Department.
d. Please see below a detailed description of each position’s role and responsibilities.
Building Official
• Administering, enforcing, and interpreting all adopted construction codes. Supervises
assigned staff, and ensures all permit issuance, inspection, and plan examination is
performed in conformance to adopted construction.
• Conducting investigation inspection homes health, safety, and welfare of the residents of
the Village.
• Provide code compliance services to enforce the Florida Building Code.
• Inspections will have proper documentation to comply with the State of Florida Statutes.
Plans Examiners and Inspectors
• Review and process building plans and zoning plans.
• Provide code compliance and enforcement services.
• Administer the Florida Building Code and all applicable building codes and regulations,
including Village codes and ordinances.
• Provide damage assessment services as needed after natural disasters.
• Provide Federal Emergency Management Agency (“FEMA”) support and documentation
(as needed)
Code Enforcement Officer
• Inspecting homes, businesses, land, abandoned cars and commercial properties.
• Investigating complaints from officials or citizens about potential code violations
• Enforcing building codes by giving permits, citations, warnings, noncompliance notices,
fines and stop work orders. Creating reports
• Educating citizens about local ordinances and researching and interpreting codes.
Public Works
The public works department oversees companies that provide consulting, engineering and
maintenance services for beach cleaning, landscape maintenance, capital improvement projects
and other needs, and provides Geographic Information Services to other departments and
governmental agencies.
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TAB D
SUBCONTRACTING PLAN
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TAB D – SUBCONTRACTING PLAN
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
C.A.P. Government, Inc. will not be using subcontractors.
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RESPONSIBILITY
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TAB A – REPRESENTATIONS AND CERTIFICATIONS
Statement of Financial Stability
Village of Key Biscayne - RFP # 2024-04 – Building Inspection and Examination Services
109
C.A.P. Government, Inc. (CAP) was founded on April 10, 1989, by Mr. Carlos A. Penin, PE. In
1992 CAP entered into an agreement with the newly incorporated Village of Key Biscayne to
offer the outsourcing of Building Department professional services. We have been doing so
continuously for thirty-four (34) years.
Today CAP is recognized as the industry leader in providing Building Department services to
over eighty (80) municipalities and six (6) educational clients across the State of Florida.
CAP has sufficient financial stability to provide for its payroll and all other operating
expenses and has never been in default nor filed for bankruptcy in its thirty-four (34)
years of existence.
There has been NO litigation filed against C.A.P. Government, Inc.
There has been NO investigations, reports or audits relating to, or communications with, the
proposer that have been commenced or issued by any local, state, or federal law enforcement
agency, criminal justice agency, health and safety agency or inspector general office.
CAP has not failed to disclose or made misrepresentations to any governmental entity regarding
conflicts of interest or potential or apparent conflicts of interest.
CAP has the availability of appropriate material, equipment, facility and personnel resources
and expertise, or the ability to obtain them, to meet all requirements of the Agreement.
CAP nor its partners, officers or key personnel or its subsidiaries or parent company have been
engaged in any criminal activity or have been convicted of any crimes.
Financial Information
We have enclosed the requested financial information on the following pages.
DocuSign Envelope ID: D4636F2C-8033-4477-AD09-B78397A9211C
5521 University Drive, Suite 104
Coral Springs, FL 33067
Phone: 954.757.0300 Fax: 954.757.7999
info@cpafr.com • www.cpafr.com
Member of American Institute of Certified Public Accountants Member of Florida Institute of Certified Public Accountants
Board of Directors
C.A.P. Government, Inc.
343 Almeria Avenue
Coral Gables, FL 33134
Management is responsible for the accompanying financial statements of C.A.P. Government, Inc., which
comprise the balance sheets as of December 31, 2021 and 2020, and the related statements of income,
retained earnings and cash flows for the years then ended, in accordance with accounting principles
generally accepted in the United States of America. We have performed a compilation engagement in
accordance with Statements on Standards for Accounting and Review Services promulgated by the
Accounting and Review Services Committee of the AICPA. We did not audit or review the financial
statements nor were we required to perform any procedures to verify the accuracy or completeness of
the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor
provide any form of assurance on these financial statements.
Accounting principles generally accepted in the United States of America require that the primary
beneficiary of a variable interest entity to consolidate the variable interest entity in its financial
statements. Management has informed us that the Company's financial statements do not include the
accounts of C.A.P. Engineering, Inc., 343 Sisters, LLC, C.A.P. Consultants, Inc., P2S Florida Corporation,
and LED USA, Inc. that the Company has determined are variable interest entities. The effect of this
departure on the financial statements has not been determined.
Accounting principles generally accepted in the United States of America require that fixed assets be
depreciated over their estimated useful lives. The Company has computed depreciation on some fixed
assets in accordance with the Modified Accelerated Cost Recovery System and Section 179 which are
Internal Revenue Service Codes for depreciation methods for federal income tax purposes, which does
not allocate depreciation expense over the estimated useful lives of the assets. Management has not
determined the effect of these departures on the financial statements.
FORREST ROBINSON, PLLC
Coral Springs, Florida
March 28, 2022
11
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ATTACHMENTS
A: SAMPLE CONTRACT
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ATTACHMENT A
SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
NAME OF ENTITY
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2024 (the “Effective Date”), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA,
a Florida municipal corporation, (the “Village”), and NAME OF ENTITY, a Florida [type of entity]
(hereinafter, the “Consultant”).
WHEREAS, the Village desires certain BUILDING INSPECTION AND EXAMINATIONS SERVICES;
and
WHEREAS, the Consultant will perform services on behalf of the Village, all as further set forth in
the Proposal dated , 2024, attached hereto as Exhibit “A” (the “Services”);
and
WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a fee for
the Services; and
WHEREAS, the Village desires to engage the Consultant to perform the Services and provide the
deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
the Consultant and the Village agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit “A” and
incorporated herein by reference (the “Services”).
1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the Village.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through three (3) years thereafter,
unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may
renew this Agreement for two (2) additional one (1) year periods on the same terms as set forth
herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within
the term of this Agreement, unless extended by the Village Manager.
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3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the Proposal attached
hereto as Exhibit “A.” Consultant shall be compensated a flat rate, lump sum fee in the amount
of $XXXX.XX per month.
3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing Services
completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each
month, pursuant to Consultant’s invoice, which shall be based upon the percentage of work completed
for each task invoiced. The Village shall pay the Consultant in accordance with the Florida Prompt
Payment Act after approval and acceptance of the Services by the Village Manager.
3.3. Contractor’s invoices must contain the following information for prompt payment:
3.3.1. Name and address of the Consultant;
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4. Date of invoice;
3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be
rejected);
3.3.6. Name and type of Services;
3.3.7. Timeframe covered by the invoice; and
3.3.8. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection of the
invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain
responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the Village Manager, which approval may be granted or withheld in the Village
Manager’s sole and absolute discretion.
5. Village’s Responsibilities.
5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives,
and other data pertinent to the Services and in possession of the Village, and provide criteria
requested by Consultant to assist Consultant in performing the Services.
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5.2. Upon Consultant’s request, Village shall reasonably cooperate in arranging access to p ublic
information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of
the Services as is ordinarily provided by a consultant under similar circumstances. If at any time
during the term of this Agreement or within two (2) years from the completion of this Agreement,
it is determined that the Consultant’s Deliverables or Services are incorrect, not properly
rendered, defective, or fail to conform to Village requests, the Consultant shall at Consultant’s
sole expense, immediately correct its Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement
it shall maintain in good standing all required licenses, certifications and permits required under
Federal, State and local laws applicable to and necessary to perform the Services for Village as an
independent contractor of the Village. Consultant further warrants and represents that it has the
required knowledge, expertise, and experience to perform the Services and carry out its
obligations under this Agreement in a professional and first class manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the laws
of Florida. The execution, delivery and performance of this Agreement by Consultant have been
duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant
in accordance with its terms. No consent of any other person or entity to such execution, delivery
and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of
this Agreement, provide any consulting services to any private sector entities (developers,
corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in
the Village.
8. Termination.
8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days’
written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately stop
work on the project unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Village, the Consultant shall be paid for all work accepted by
the Village Manager up to the date of termination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and
data pertaining to the Services and the project to the Village, in a hard copy and electronic format
within fourteen (14) days from the date of the written noti ce of termination or the date of
expiration of this Agreement.
9. Insurance.
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9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of
such types and in such amounts not less than those specified below as satisfactory to Village,
naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M.
Best and qualified to do business in the State of Florida. The insurance coverage shall be primary
insurance with respect to the Village, its officials, employees, agents, and volunteers naming the
Village as additional insured. Any insurance maintained by the Village shall be in excess of the
Consultant’s insurance and shall not contribute to the Consultant’s insurance. The insurance
coverages shall include at a minimum the amounts set forth in this section and may be increased
by the Village as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000
per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody and control of
Consultant. The General Aggregate Liability limit and the Products/Completed Operations
Liability Aggregate limit shall be in the amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for
statutory limits as required by applicable State and Federal laws. The policy(ies) must
include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No
employee, subcontractor or agent of the Consultant shall be allowed to provide Services
pursuant to this Agreement who is not covered by Worker’s Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be afforded
on a form no more restrictive than the latest edition of the Business Automobile Liabili ty
policy, without restrictive endorsements, as filed by the Insurance Service Office, and must
include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the
Village as an Additional Insured (except with respect to Professional Liability Insurance and
Worker’s Compensation Insurance), no later than ten (10) days after award of this Agree ment
and prior to the execution of this Agreement by Village and prior to commencing Services. Each
certificate shall include no less than (30) thirty-day advance written notice to Village prior to
cancellation, termination, or material alteration of said policies or insurance. The Consultant
shall be responsible for assuring that the insurance certificates required by this Section remain
in full force and effect for the duration of this Agreement, including any extensions or renewals
that may be granted by the Village. The Certificates of Insurance shall not only name the types
of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village reserves the right to inspect and return
a certified copy of such policies, upon written request by the Village. If a policy is due to expire
prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty
(30) calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days’ written notice shall be
provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of
the Certificate(s) is subject to approval of the Village.
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9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the Village is to be specifically included as an Additional Insured for the
liability of the Village resulting from Services performed by or on behalf of the Consultant in
performance of this Agreement. The Consultant’s insurance, including that applicable to the
Village as an Additional Insured, shall apply on a primary basis and any other insurance
maintained by the Village shall be in excess of and shall not contribute to the Consultant’s
insurance. The Consultant’s insurance shall contain a severability of interest provision providing
that, except with respect to the total limits of liability, the insurance shall apply to each Insured
or Additional Insured (for applicable policies) in the same manner as if separate policies had been
issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably
approved by the Village. The Consultant shall be responsible for the payment of any deductible
or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any
of its employees or applicants for employment because of their race, color, religion, sex, or national
origin, and will abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover its attorneys’ fees and costs, including the fees and expenses of any
paralegals, law clerks and legal assistants, and including fees and expenses charged for
representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY
HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO
TRIAL BY JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes of
action, judgment or damages, arising from Consultant’s performance or non-performance of any
provision of this Agreement, including, but not limited to, liabilities arising from contracts
between the Consultant and third parties made pursuant to this Agreement. Consultant shall
reimburse the Village for all its expenses including reasonable attorneys’ fees and costs incurred
in and about the defense of any such claim or investigation and for any judgment or damages
arising from Consultant’s performance or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor
shall anything included herein be construed as consent to be sued by third parties in any matter
arising out of this Agreement or any other contract. The Village is subject to section 768.28,
Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
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13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and
shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified
mail with postage prepaid return receipt requested, or by a private postal service, addressed to the
parties (or their successors) at the addresses listed on the signature page of this Agreement or such
other address as the party may have designated by proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be
proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral
or written representations. No representations were made or relied upon by either party, other
than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same formality as this document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements, developments,
methods, designs, analyses, drawings, reports, compiled information, and all similar or related
information (whether patentable or not) which relate to Services to the Village which are
conceived, developed or made by Consultant during the term of this Agreement (“Work
Product”) belong to the Village. Consultant shall promptly disclose such Work Product to the
Village and perform all actions reasonably requested by the Village (whether during or after the
term of this Agreement) to establish and confirm such ownership (including, without limitation,
assignments, powers of attorney and other instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant’s possession or
control in connection with Consultant’s performance under this Agreement. The Village Manager
or her designee shall, during the term of this Agreement and for a period of three (3) years from
the date of termination of this Agreement, have access to and the right to examine and audit any
records of the Consultant involving transactions related to this Agreement. Consultant
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida
Statutes. Consultant shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except as authorized by law, for
the duration of the Agreement, and following completion of the Agreement until the records are
transferred to the Village.
16.3. Upon request from the Village’s custodian of public records, Consultant shall provide the
Village with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the Village.
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16.5. Upon completion of this Agreement or in the event of termination by either party, any
and all public records relating to the Agreement in the possession of the Consultant shall be
delivered by the Consultant to the Village Manager, at no cost to the Village, within seven (7)
days. All such records stored electronically by Consultant shall be delivered to the Village in a
format that is compatible with the Village’s information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement, the Consultant
shall destroy any and all duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received as
provided herein.
16.7. Consultant’s failure or refusal to comply with the provisions of this section shall result in
the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE CONSULTANT
HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: Jocelyn B. Koch
Mailing address: 88 West McIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: jkoch@keybiscayne.fl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is first
approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise
of the Consultant, and such firm’s familiarity with the Village’s area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining
term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted
by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be and
remain an independent contractor and not an agent or employee of the Village with respect to all of
the acts and services performed by and under the terms of this Agreement. This Agreement shall not
in any way be construed to create a partnership, association or any other kind of joint undertaking,
enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and
in particular shall obtain all required permits from all jurisdictional agencies to perform the Services
under this Agreement at its own expense.
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21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this Agreement shall not be
construed as a waiver of the violation or breach, or of any future violation, breach or wrongful
conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the
date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full
force and effect unless and until the terms or conditions are completed and shall be fully enforceable
by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation,
individual or firm, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public
Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including
execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all
contractors doing business with the Village to register with and use the E-Verify system to verify the
work authorization status of all newly hired employees. The Village will not enter into a contract
unless each party to the contract registers with and uses the E-Verify system. The contracting entity
must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the
contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-
verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will
comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but
not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
[Remainder of page intentionally left blank. Signature pages follow.]
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as
first stated above.
VILLAGE OF KEY BISCAYNE
By:
Steven C. Williamson
Village Manager
Attest:
By:
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
swilliamson@keybiscayne.fl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
cfriedman@wsh-law.com (email)
CONTRACTOR
By:
Name:
Title:
Entity: LEGAL NAME OF ENTITY
Addresses for Notice:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
___________________ (telephone)
(facsimile)
__________________________ (email)
With a copy to:
(telephone)
(facsimile)
__________________________ (email)
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EXHIBITS
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EXHIBIT A
SCOPE OF SERVICES
The Scope of Services are those contained in the Proposal Section 2. dated ________________, 2024 ,
attached hereto and incorporated herein by reference.
12/14/2023
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SECTION 2. PROJECT DESCRIPTION
2.1 DESCRIPTION:
The purpose of this RFP is to contract with a firm for building and examination services. The qualified
contractor is to submit a proposal to provide inspection and plan examination services (structural,
building, electrical, plumbing, roofing, mechanical, zoning, landscaping, fire, public works, and code
compliance officers) on as-need basis at the request of the Village.
2.2 SCOPE OF SERVICES
It is the Village’s intent and purpose to secure qualified and experienced firms to provide the Village with
Professional Building Examination and Inspection Services.
The Contractor shall furnish such services and provide deliverables as required and requested by the
Village’s Director of Building, Zoning and Planning Department or his designee, in accordance with the
terms set forth in this RFP.
2.3 PEQUIRED INSPECTION AND PLAN EXAMINATION SERVICES
The following list of Services is intended as a general guide and is not intended to be an exhaustive list of
all Services required:
2.3.1 Review and processing of building plans and zoning plans.
2.3.2 Provide code compliance and enforcement services.
2.3.3 Administer the Florida Building Code and all applicable building codes and regulations,
including Village codes and ordinances.
2.3.4 Provide inspection services and clerk functions.
2.3.5 Provide plans reviewers, building code inspectors, project managers, building officials and
code administrators.
2.3.6 Provide damage assessment services as needed after natural disasters; and
2.3.7 Provide Federal Emergency Management Agency (“FEMA”) support and documentation.
(as needed).
2.4 QUALIFICATIONS OF PERSONNEL/CERTIFICATION REQUIREMENTS
2.4.1 Inspection and plan examination services shall be conducted under the Village’s and all
other federal, state, and local laws, rules, regulations, directives, codes and ordinances.
Inspection-Plan Examination personnel shall be licensed pursuant to Chapter 468, Part
XII, Florida Statutes. Engineers shall be licensed pursuant to Chapter or Chapter 471,
Florida Statutes. Architects shall be licensed pursuant to Chapter 481, Part I, Florida
Statutes. All Contractor’s personnel shall be licensed by the Florida Department of
Business Regulation and certified by Miami-Dade County Board of Rules and Appeals as
applicable. Code Enforcement Officers shall have at least Florida Association of Code
Enforcement (F.A.C.E.) Level I certification.
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2.4.2 All building, structural, electrical, mechanical, plumbing, roofing, inspectors and/ or
examiners must have current, appropriate certification from the State of Florida
Department of Business and Professional Regulation and Miami-Dade County Board of
Rules and Appeals. All public works, zoning, landscaping, and code enforcement officers
must be properly credentialed within their respective industries. Fire plans examiners
and inspectors must be F.S. 633 certified and approved by the Authority Having
Jurisdiction. All inspectors and examiners shall have a valid driver’s license in the State of
Florida and be able to pass a background security check relevant to the position. These
minimum requirements must be met at the time of the Response due date.
2.5 RESPONSIBILITIES
Personnel provided by successful bidders will be expected to perform their assigned functions in a manner
that is consistent with the following standards:
2.4.1 Respectful to neighbors, contractors, staff, and supervisors at all times.
2.4.2 Provide Services on behalf of the Village in a professional and courteous manner.
2.4.3 Adhere to the Village’s rules and procedures reliably and consistently.
2.4.4 Be able to accept and provide constructive criticism.
2.4.5 Be able to perform their responsibilities successfully, independently, and efficiently in a
diverse work environment with minimal direct supervision.
2.4.6 Be able to work reliably on a regularly scheduled basis during the term of the contract.
2.4.7 Be able to learn to use the Village’s computer system effectively within a reasonable time
frame.
2.4.8 Be responsible for maintaining the integrity of and access to confidential information,
especially information maintained on the Village’s computer records systems, consistent
with the requirements of the State of Florida Public Records Law requirements, licensing
restrictions, and copyright limitations.
2.4.9 Be able to prepare and record written reports and records of work activities and
accurately log daily activities for Village recordkeeping.
2.4.10 Be able to effectively listen to, understand and provide reliable answers to questions from
owners, contractors, architects, engineers, neighbors, supervisors and co-workers.
2.4.11 Be able to work during normal business hours of 7:30am- 3:30 pm, Monday through
Friday or as agreed upon otherwise with the Village, as well as irregular hours as required
during an emergency or natural disaster.
2.4.12 Be able to safely operate a motor vehicle in the course of their daily assignments; and
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2.4.13 Be able to work effectively with other Village employees and employees from competing
bidders.
The Village reserves the exclusive right to reject any employee provided by any bidder at any time.
2.6 FEE PROPOSAL
Submit a signed, firm, fixed fee for providing all Services. Contractor must quote firm, fixed, regular and
overtime hourly rates for the following services as EXHIBIT B:
a. Inspectors: Building, Roofing, Electrical, Mechanical, Plumbing, Public Works, Zoning and
Landscaping.
b. Plan Examiners: Building, Structural, Electrical Mechanical, Plumbing, Zoning and Public Works.
c. Building Officials; and
d. Code Compliance and Code Enforcement Officers.
The hourly and overtime rates proposed for each service shall include full compensation for labor, use of
equipment provided by the Contractor, and any other cost to the Contractor. The typical regular hours
are 7:30am- 3:30 pm Monday through Friday, excluding official Village Holidays. No travel time will be
paid for travel to and from offices or homes.
The Village makes no promise of a minimum guaranteed level of work for any successful Contractor(s) in
any of the abovementioned areas.
Firm’s vehicle will be identified by a magnetic sign provided by the Village while providing services within
the Village.
END OF SECTION
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ATTACHMENTS
B: PERFORMANCE EVALUATION
C: CERTIFICATION LOBBYING
D: SUPER CIRCULAR LAW &
APPENDICES
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ATTACHMENT B
PERFORMANCE EVALUATION
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ATTACHMENT C
CERTIFICATION REGARDING LOBBYING
Check the appropriate box:
This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or
Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(I); 31
U.S.C. § 1352; and 44 C.F.R. Part 18.
This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement
will be less than $100,000.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Sub-Recipient or subcontractor, ________________________________, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
x
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ATTACHMENT D
SUPER CIRCULAR LAW & APPENDICES
2 C.F.R. §200.213 - Suspension and debarment
Non-federal entities are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, sub
awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or
ineligible for participation in Federal assistance programs or activities.
2 C.F.R. §200.317 - Procurements by states
When procuring property and services under a Federal award, a state must follow the same
policies and procedures it uses for procurements from its non-Federal funds. The state will comply with
§200.322 Procurement of recovered materials and ensure that every purchase order or other contract
includes any clauses required by section §200.326 Contract provisions. All other non-Federal entities,
including sub recipients of a state, will follow §§200.318 General procurement standards through 200.326
Contract provisions.
2 C.F.R. §200.318 - General procurement standards
(a)The non-Federal entity must use its own documented procurement procedures which reflect
applicable State, local and tribal laws and regulations, provided that the procurements conform to
applicable Federal law and the standards identified in this part.
(b)Non-Federal entities must maintain oversight to ensure that contractors perform in accordance
with the terms, conditions, and specifications of their contracts or purchase orders.
(c)(1) The non-Federal entity must 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. No employee, officer, or agent may participate in the selection, award, or administration of
a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties
indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered
for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However,
non-Federal entities may set standards for situations in which the financial interest is not substantial o r
the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal
entity.
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state,
local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest means that because of
relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable
or appears to be unable to be impartial in conducting a procurement action involving a r elated
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organization. (d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative
items. Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives,
and any other appropriate analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost -
effective use of shared services across the Federal Government, the non-Federal entity is encouraged to
enter into state and local intergovernmental agreements or inter-entity agreements where appropriate
for procurement or use of common or shared goods and services.
(f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of
purchasing new equipment and property whenever such use is feasible and reduces project costs.
(g) The non-Federal entity is encouraged to use value engineering clauses in contracts for
construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value
engineering is a systematic and creative analysis of each contract item or task to ensure that its essential
function is provided at the overall lower cost.
(h) The non-Federal entity must award contracts only to responsible contractors possessing the
ability to perform successfully under the terms and conditions of a proposed procurement. Consideration
will be given to such matters as contractor integrity, compliance with public policy, record of past
performance, and financial and technical resources. See also §200.213 Suspension and debarment.
(i)The non-Federal entity must maintain records sufficient to detail the history of procurement.
These records will include, but are not necessarily limited to the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for the contract
price.
(j)(1) The non-Federal entity may use a time and materials type contract only after a
determination that no other contract is suitable and if the contract includes a ceiling price that the
contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a
non-Federal entity is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and
administrative expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time-and-materials contract
provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each
contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity
awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance
that the contractor is using efficient methods and effective cost controls.
(k) The non-Federal entity alone must be responsible, in accordance with good administrative
practice and sound business judgment, for the settlement of all contractual and administrative issues
arising out of procurements. These issues include, but are not limited to, sourc e evaluation, protests,
disputes, and claims. These standards do not relieve the non-Federal entity of any contractual
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responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that
of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred
to the local, state, or Federal authority having proper jurisdiction.
2 C.F.R. §200.319 - Competition
(a)All procurement transactions must be conducted in a manner providing full and open
competition consistent with the standards of this section. In order to ensure objective contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, or invitations for bids or requests for proposals must be excluded from
competing for such procurements. Some of the situations
(1) Placing unreasonable requirements on firms in order for them to qualify to do business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a “brand name” product instead of allowing “an equal” product to be
offered and describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(b) The non-Federal entity must conduct procurements in a manner that prohibits the use of
statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation
of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or
encourage geographic preference. Nothing in this section preempts state licensing laws. When
contracting for architectural and engineering (A/E) services, geographic location may be a selection
criterion provided its application leaves an appropriate number of qualified firms, given the nature and
size of the project, to compete for the contract.
(c) The non-Federal entity must have written procedures for procurement transactions. These
procedures must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for the material,
product, or service to be procured. Such description must not, in competitive procurements,
contain features which unduly restrict competition. The description may include a statement of
the qualitative nature of the material, product or service to be procured and, when necessary,
must set forth those minimum essential characteristics and standards to which it must conform if
it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible.
When it is impractical or uneconomical to make a clear and accurate description of the technical
requirements, a “brand name or equivalent” description may be used as a means to define the
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performance or other salient requirements of procurement. The specific features of the named
brand which must be met by offers must be clearly stated; and
(2) Identify all requirements which the offerors must fulfill and all other factors to be used in
evaluating bids or proposals.
(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products
which are used in acquiring goods and services are current and include enough qualified sources to ensure
maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders
from qualifying during the solicitation period.
2 C.F.R. §200.320 - Methods of procurement to be followed The non-Federal entity must use one of the
following methods of procurement.
(a)Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of
supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold
(§200.67 Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-
purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting
competitive quotations if the non-Federal entity considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those relatively
simple and informal procurement methods for securing services, supplies, or other property that do not
cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate
quotations must be obtained from an adequate number of qualified sources.
(c)Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed
price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with
all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method
is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section
apply.
(1) In order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is available;
(ii) Two or more responsible bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful
bidder can be made principally on the basis of price.
(2) If sealed bids are used, the following requirements apply:
(i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient
response time prior to the date set for opening the bids, for local, and tribal governments, the
invitation for bids must be publically advertised;
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(ii) The invitation for bids, which will include any specifications and pertinent attachments, must
define the items or services in order for the bidder to properly respond;
(iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and
tribal governments, the bids must be opened publicly;
(iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible
bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life
cycle costs must be considered in determining whi ch bid is lowest. Payment discounts will only be
used to determine the low bid when prior experience indicates that such discounts are usually taken
advantage of; and
(v) Any or all bids may be rejected if there is a sound documented reason.
(d) Procurement by competitive proposals. The technique of competitive proposals is normally
conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement
type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed
bids. If this method is used, the following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and their
relative importance. Any response to publicized requests for proposals must be considered to the
maximum extent practical;
(2) Proposals must be solicited from an adequate number of qualified sources;
(3) The non-Federal entity must have a written method for conducting technical evaluations
of the proposals received and for selecting recipients;
(4) Contracts must be awarded to the responsible firm whose proposal is most advantageous
to the program, with price and other factors considered; and
(5) The non-Federal entity may use competitive proposal procedures for qualifications-based
procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications
are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable
compensation. The method, where price is not used as a selection factor, can only be used in procurement
of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a
potential source to perform the proposed effort.
(e) [Reserved]
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is
procurement through solicitation of a proposal from only one source and may be used only when one or
more of the following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation;
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(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive
proposals in response to a written request from the non-Federal entity; or
(4) After solicitation of a number of sources, competition is determined inadequate.
2 C.F.R. §200.321 - Contracting with small and minority businesses, women's business enterprises, and
labor surplus area firms
(a) The non-Federal entity must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraphs (1) through (5) of this section.
2 C.F.R. §200.322 - Procurement of recovered materials
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its
contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
2 C.F.R. §200.323 - Contract cost and price.
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(a) The non-Federal entity must perform a cost or price analysis in connection with every
procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The
method and degree of analysis is dependent on the facts surrounding the particular procurement
situation, but as a starting point, the non-Federal entity must make independent estimates before
receiving bids or proposals.
(b) The non-Federal entity must negotiate profit as a separate element of the price for each
contract in which there is no price competition and in all cases where cost analysis is performed. To
establish a fair and reasonable profit, consideration must be given to the complexity of the work to be
performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting,
the quality of its record of past performance, and industry profit rates in the surrounding geographical
area for similar work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are
allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be
allowable for the non-Federal entity under Subpart E—Cost Principles of this part. The non-Federal entity
may reference its own cost principles that comply with the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of
contracting must not be used.
(e) Reserved
2 C.F.R. §200.324 - Federal awarding agency or pass-through entity review
(a) The non-Federal entity must make available, upon request of the Federal awarding
agency or pass-through entity, technical specifications on proposed procurements where the Federal
awarding agency or pass-through entity believes such review is needed to ensure that the item or service
specified is the one being proposed for acquisition. This review generally will take place prior to the time
the specification is incorporated into a solicitation document. However, if the non-Federal entity desires
to have the review accomplished after a solicitation has been developed, the Federal awarding agency or
pass through entity may still review the specifications, with such review usually limited to the technical
aspects of the proposed purchase.
(b) The non-Federal entity must make available upon request, for the Federal awarding
agency or pass-through entity pre-procurement review, procurement documents, such as requests for
proposals or invitations for bids, or independent cost estimates, when:
(1) The non-Federal entity's procurement procedures or operation fails to comply
with the procurement standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and
is to be awarded without competition or only one bid or offer is received in response to a
solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition
Threshold, specifies a “brand name” product;
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(4) The proposed contract is more than the Simplified Acquisition Threshold and is
to be awarded to other than the apparent low bidder under a sealed bid procurement; or
(5) A proposed contract modification changes the scope of a contract or increases
the contract amount by more than the Simplified Acquisition Threshold.
(c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of
this section if the Federal awarding agency or pass-through entity determines that its procurement
systems comply with the standards of this part.
(1) The non-Federal entity may request that its procurement system be reviewed by
the Federal awarding agency or pass-through entity to determine whether its system meets these
standards in order for its system to be certified. Generally, these reviews must occur where there
is continuous high-dollar funding, and third party contracts are awarded on a regular basis;
(2) The non-Federal entity may self-certify its procurement system. Such self-
certification must not limit the Federal awarding agency's right to survey the system. Under a self-
certification procedure, the Federal awarding agency may rely on written assurances from the
non-Federal entity that it is complying with these standards. The non-Federal entity must cite
specific policies, procedures, regulations, or standards as being in compliance with these
requirements and have its system available for review.
2 C.F.R. §200.325 - Bonding requirements
For construction or facility improvement contracts or subcontracts exceeding the Simplified
Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy
and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through
entity has made a determination that the Federal interest is adequately protected. If such a determination
has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid
guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable
instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute
such contractual documents as may be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract price.
A “performance bond” is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A
“payment bond” is one executed in connection with a contract to assure payment as required by law of
all persons supplying labor and material in the execution of the work provided for in the contract.
§200.326 Contract provisions.
The non-Federal entity's contracts must contain the applicable provisions described in Appendix
II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards.
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2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses Requirements under the
Uniform Rules. A non-Federal entity’s contracts must contain the applicable contract clauses described in
Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal
Awards), which are set forth below. 2 C.F.R. § 200.326. For some of the required clauses we have included
sample language or a reference a non- Federal entity can go to in order to find sample language. Please
be aware that this is sample language only and that the non-Federal entity alone is responsible ensuring
that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part
200, Appendix II. We do not include sample language for certain required clauses (remedies, termination
for cause and convenience, changes) as these must necessarily be written based on the non-Federal
entity’s own procedures in that area.
1. Remedies.
a. Standard: Contracts for more than the simplified acquisition threshold ($150,000) must address
administrative, contractual, or legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, ¶
A.
b. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
2. Termination for Cause and Convenience.
a. All contracts in excess of $10,000 must address termination for cause and for convenience by the
non- Federal entity including the manner by which it will be effected and the basis for settlement. See 2
C.F.R. Part 200, Appendix II, ¶ B.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
3. Equal Employment Opportunity.
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the
definition
of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with
Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -
1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating
to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part
200, Appendix II, ¶ C.
(1) Federally Assisted Construction Contract. The regulation at 41 C.F.R.
§ 60-1.3 defines a “federally assisted construction contract” as any agreement or modification thereof
between any applicant and a person for construction work which is paid for in whole or in part with funds
obtained from the Government or borrowed on the credit of the Government pursuant to any Federal
program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, or any application or modification
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thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the
applicant itself participates in the construction work.
(2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways,
or other changes or improvements to real property, including facilities providing utility services. The term
also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause:
“During the performance of this contract, the contractor agrees as follows:
(1) 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 fort h the provisions of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the
said labor union or workers' representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) 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.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(7) 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
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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 administering agency
the contractor may request the United States to enter into such litigation to protect the interests of the
United States.”
4. Davis Bacon Act and Copeland Anti-Kickback Act.
a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program,
Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant
Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public
Assistance Program.
b. All prime construction contracts in excess of $2,000 awarded by non-Federal entities must include
a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200,
Appendix II, ¶ D.
c. In accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.
d. The non-Federal entity must place a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for
compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of
Labor regulations at 29 C.F.R. Part 3 (Contractors and Sub contractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act
provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected
or reported violations to FEMA.
f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to
compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous
subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In
situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti-Kickback Act.”
However, for purposes of grant programs where both clauses do apply, FEMA requires the following
contract clause:
“Compliance with the Copeland “Anti-Kickback” Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
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U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract,
and
for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
5. Contract Work Hours and Safety Standards Act.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess
of
$100,000 that involve the employment of mechanics or laborers must include a provision for compliance
with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part
5. See 2 C.F.R. Part 200, Appendix II, ¶ E.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance
with the Contract Work Hours and Safety Standards Act:
“Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to
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each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause
set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment
of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal
agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of
this section.”
6. Rights to Inventions Made Under a Contract or Agreement.
a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard
Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and
Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals
and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not
meet the definition of “funding agreement.”
b. If the FEMA award meets the definition of “funding agreement” under 37 C.F.R.
§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the non -Federal entity
must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F.
c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract,
grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee
Valley Authority, and any contractor for the performance of experimental, developmental, or research
work funded in whole or in part by the Federal government. This term also includes any assignment,
substitution of parties, or subcontract of any type entered into for the performance of experimental,
developmental, or research work under a funding agreement as defined in the first sentence of this
paragraph.
7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of
$150,000 must contain a provision that requires the contractor to agree to comply with all applicable
standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.
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§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency.
See 2 C.F.R. Part 200, Appendix II, ¶ G.
a. The following provides a sample contract clause concerning compliance for contracts of amounts
in excess of $150,000:
“Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C.
§ 7401 et seq.
(2) The contractor agrees to report each violation to the (name of the state agency or local or Indian
tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal
government) will, in turn, report each violation as required to assure notification to the (name of
recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the (name of the state agency or local or Indian
tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal
government) will, in turn, report each violation as required to assure notification to the (name of
recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.”
8. Debarment and Suspension.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Non-federal entities and contractors are subject to the debarment and suspension regulations
implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689,
Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Depa rtment of Homeland Security’s
regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension).
c. These regulations restrict awards, subawards, and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance
programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients
and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance
Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2
[hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM
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Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can
be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix
C,
¶ 2.
d. In general, an “excluded” party cannot receive a Federal grant award or a contract within the
meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that
receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the
exclusion is whether there is a “covered transaction,” which is any nonprocurement transaction (unless
excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include
contracts
awarded by the Federal Government for purposes of the nonprocurement common rule and DHS’s
implementing regulations, it does include some contracts awarded by recipients and subrecipient.
e. Specifically, a covered transaction includes the following contracts for goods or services:
(1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.
(2) The contract requires the approval of FEMA, regardless of amount.
(3) The contract is for federally-required audit services.
(4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or
subrecipient and requires either the approval of FEMA or is in excess of $25,000.
d. The following provides a debarment and suspension clause. It incorporates an optional method of
verifying that contractors are not excluded or disqualified:
“Suspension and Debarment
(1) 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).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by (insert name of subrecipient).
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 (name of state agency serving as recipient and name
of subrecipient), the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2
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C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.”
9. Byrd Anti-Lobbying Amendment.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Contractors that apply or bid for an award of $100,000 or more must file the required certification.
See 2 C.F.R. Part 200, Appendix II, ¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶
4.
c. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. § 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non-Federal award. See PDAT Supplement, Chapter IV, ¶ 6.c and Appendix C, ¶ 4.
d. The following provides a Byrd Anti-Lobbying contract clause:
“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 135 2.
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.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or
offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31
U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official Date”
10. Procurement of Recovered Materials.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its
contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89 -272 (1965)
(codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R.
Part 200, Appendix II, ¶ J; 2 C.F.R. § 200.322; PDAT Supplement, Chapter V, ¶ 7.
c. The requirements of Section 6002 include procuring only items designated in guidelines of the
EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds
$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials identified in
the EPA guidelines.
d. The following provides the clause that a state agency or agency of a political subdivision of a state
and its contractors can include in contracts meeting the above contract thresholds:
“(1) In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA- designated items unless the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract performance
schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-
procurement-guideline-cpg-program.”
11. Additional FEMA Requirements.
a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity
contracts. FEMA, pursuant to this authority, requires or recommends the following:
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b. Changes.
To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement,
the cost of the change, modification, change order, or constructive change must be allowable, allocable,
within the scope of its grant or cooperative agreement, and reasonable for the completion of project
scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract
that describes how, if at all, changes can be made by either party to alter the method, price, or sch edule
of the work without breaching the contract. The language of the clause may differ depending on the
nature of the contract and the end-item procured.
c. Access to Records.
All non-Federal entities must place into their contracts a provision that all contractors and their
successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing Department and FEMA access to records, accounts, documents, information,
facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013).
d. The following provides a contract clause regarding access to records:
“Access to Records. The following access to records requirements apply to this contract:
(1) The contractor agrees to provide (insert name of state agency or local or Indian tribal
government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to any books, documents, papers, and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access
to
construction or other work sites pertaining to the work being completed under the contract.”
12. DHS Seal, Logo, and Flags.
a. All non-Federal entities must place in their contracts a provision that a contractor shall not use
the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without
specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, ¶ XXV (2013).
b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: “The contractor shall
not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials
without specific FEMA pre- approval.”
13. Compliance with Federal Law, Regulations, and Executive Orders.
a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial
assistance will be used to fund the contract along with the requirement that the contractor will comply
with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and
directives.
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b. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and
Executive Orders: “This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The contractor will comply will all applicable federal law, regulations, executive orders,
FEMA policies, procedures, and directives.”
14. No Obligation by Federal Government.
a. The non-Federal entity must include a provision in its contract that states that the Federal
Government is not a party to the contract and is not subject to any obligations or liabilities to the non -
Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
b. The following provides a contract clause regarding no obligation by the Federal Government: “The
Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the
non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”
15. Program Fraud and False or Fraudulent Statements or Related Acts.
a. The non-Federal entity must include a provision in its contract that the contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions
pertaining to the contract.
b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts:
“The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the contract.
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capfla.com
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Contract No. 2024-04B Exhibit C: Rate Schedule
EXHIBIT C
RATE SCHEDULE
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EXHBIT B:
FEE SCHEDULE
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EXHIBIT B
VILLAGE OF KEY BISCAYNE
BUILDING INSPECTION AND EXAMINATION SERVICES
PROPOSAL FEE SCHEDULE
NAME OF PROPOSER: ______________________________________________ In response to the
Village’s request for proposal and in compliance with the RFP requirements, the undersigned proposer to
provide all labor, materials, supervision, coordination, related incidentals necessary to provide Building
Inspection and Examination Services located at the Village of Key Biscayne, Florida.
In strict accordance with the Bid Documents dated ________________ including Addenda numbered
__________ through __________, inclusive, for an all-inclusive Base Bid for Building Inspection and
Examination Services includes all incidental costs.
The Contractor understands and agrees that the prices submitted is for the services as indicated in the
Scope of Service, including but not limited to, all labor, materials, equipment and permitting.
NO. POSITION REGULAR
HOURLY RATES
OVERTIME
HOURLY RATES
1. Building Official
2. Plans Examiner
2.a. Building, Electrical, Mechanical, and Plumbing
2.b. Structural
2.c. Zoning and Landscaping
3. Inspector
3.a. Building, Roofing, Electrical, Mechanical, and Plumbing
3.b. Zoning and Landscaping
3.c.
4. Code Enforcement Officer
5. Public Works Permits (Plans Examiner and Inspector)
6. Fire Plan Examiner
7. Fire Inspector
C.A.P. Government, Inc.
01/30/2024
1 1
35
$ 125.00 $ 187.50
$ 110.00 $ 165.00
$ 170.00 $ 250.00
$ 110.00 $ 165.00
$ 90.00 $ 135.00
$ 87.50 $ 131.25
$ 90.00 $ 135.00
$ 100.00 $ 150.00
$ 110.00 $ 165.00
$ 90.00 $ 135.00
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Contract No. 2024-04B Exhibit D: FEMA Contract Provisions Guide
EXHIBIT D
FEMA CONTRACT PROVISIONS GUIDE
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i
Contract Provisions
Guide Navigating Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
Procurement Disaster Assistance Team (PDAT) June 2021
(FI-207-21-0001)
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Table of Contents
Introduction .................................................................................................................................. 4
Summary of Applicable Federal Procurement Standards ............................................................... 5
Policy and Guidance Document(s) Incorporated and Superseded ................................................. 6
Document Management and Maintenance ..................................................................................... 6
Contract Provisions Quick Reference Guide .................................................................................... 7
Required Contract Provisions ...................................................................................................... 9
1. Remedies ................................................................................................................................ 9
1.1 Applicability ............................................................................................................... 9
1.2 Additional Considerations ........................................................................................ 9
2. Termination for Cause and Convenience .............................................................................. 9
2.1 Applicability ............................................................................................................... 9
3. Equal Employment Opportunity ........................................................................................... 10
3.1 Applicability ............................................................................................................. 10
3.2 Key Definitions ........................................................................................................ 10
3.3 Required Language ................................................................................................ 10
4. Davis-Bacon Act .................................................................................................................... 13
4.1 Applicability ............................................................................................................. 13
4.2 Additional Requirements ....................................................................................... 14
4.3 Required Language ................................................................................................ 14
5. Copeland “Anti-Kickback” Act .............................................................................................. 14
5.1 Applicability ............................................................................................................. 15
5.2 Additional Requirements ....................................................................................... 15
5.3 Suggested Language ............................................................................................. 16
6. Contract Work Hours and Safety Standards Act ................................................................. 16
6.1 Applicability ............................................................................................................. 16
6.2 Additional Requirements ....................................................................................... 17
6.3 Required Language ................................................................................................ 17
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6.4 Suggested Language ............................................................................................. 18
7. Rights to Inventions Made Under a Contract or Agreement .............................................. 18
7.1 Applicability ............................................................................................................. 19
7.2 Key Definitions ....................................................................................................... 19
8. Clean Air Act and Federal Water Pollution Control Act ....................................................... 19
8.1 Applicability ............................................................................................................. 19
8.2 Suggested Language ............................................................................................. 19
9. Debarment and Suspension ................................................................................................ 20
9.1 Applicability ............................................................................................................. 20
9.2 Additional Requirements ....................................................................................... 21
9.3 Suggested Language ............................................................................................. 21
10. Byrd Anti-Lobbying Amendment ........................................................................................... 22
10.1 Applicability ............................................................................................................. 23
10.2 Suggested Language ............................................................................................. 23
10.3 Required Certification ............................................................................................ 23
11. Procurement of Recovered Materials .................................................................................. 25
11.1 Applicability ............................................................................................................. 25
11.2 Additional Requirements ....................................................................................... 25
11.3 Suggested Language ............................................................................................. 25
12. Prohibition on Contracting for Covered Telecommunications Equipment or Services ..... 26
12.1 Applicability ............................................................................................................. 26
12.2 Suggested Language ............................................................................................. 27
13. Domestic Preferences for Procurements ............................................................................ 29
13.1 Applicability ............................................................................................................. 29
13.2 Suggested Language ............................................................................................. 29
FEMA Recommended Contract Provisions............................................................................... 30
1. Access to Records ................................................................................................................. 30
1.1 Suggested Language for All Procurements .......................................................... 30
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1.2 Additional Suggested Language Applicable to Contracts Entered into After
August 1, 2017 Under a Major Disaster or Emergency Declaration .................. 31
2. Changes ................................................................................................................................. 31
2.1 Applicability ............................................................................................................. 31
3. DHS Seal, Logo, and Flags ................................................................................................... 31
3.1 Applicability ............................................................................................................. 31
3.2 Suggested Language .................................................................................................. 31
4. Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement
of Federal Funding ........................................................................................................................... 32
4.1 Applicability ............................................................................................................. 32
4.2 Suggested Language ............................................................................................. 32
5. No Obligation by Federal Government ................................................................................ 32
5.1 Applicability ............................................................................................................. 32
5.2 Suggested Language ............................................................................................. 33
6. Program Fraud and False or Fraudulent Statements or Related Acts............................... 33
6.1 Applicability ............................................................................................................. 33
6.2 Suggested Language ............................................................................................. 33
7. Affirmative Socioeconomic Steps ........................................................................................ 33
7.1 Applicability ............................................................................................................. 34
7.2 Suggested Language ............................................................................................. 34
8. Copyright and Data Rights ................................................................................................... 34
8.1 Applicability ............................................................................................................. 34
8.2 Suggested Language ............................................................................................. 34
Appendix .................................................................................................................................... 36
Acronyms .......................................................................................................................................... 36
Definitions ........................................................................................................................................ 37
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Introduction
FEMA grant recipients and subrecipients (also known as non-federal entities or NFEs)1 will often use
contractors to help them carry out work under their awards. These contracts are a commercial
transaction between the NFE and its contractor, and FEMA has no contractual relationship with
NFEs’ contractors. Although FEMA is not a party to the contract, if an NFE is using federal funding to
pay for the contract, the NFE must comply with federal laws, including the federal procurement
standards.
This Guide is applicable to all NFEs purchasing in support of declarations and FEMA awards issued
on or after November 12, 2020 and reflects Office of Management and Budget (OMB) revisions to
the federal procurement standards.
For FEMA declarations and awards issued between December 26, 2014 and November 11, 2020
please refer to the Contract Provisions Template. While the Contract Provisions Template is only
directly applicable to FEMA’s Public Assistance (PA) Program, all FEMA grant recipients and
subrecipients are encouraged to review this resource since it provides guidance on the federal
procurement under grants regulations.
The federal procurement standards for NFEs are described in Title 2 of the Code of Federal
Regulations (C.F.R.), Part 200, sections 200.317-200.327. 2 C.F.R. § 200.327 states that “the non-
federal entity's contracts must contain the applicable provisions described in Appendix II to this part”
(emphasis added).
This Guide is designed to help FEMA grant recipients and subrecipients navigate Appendix II to Part
200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, including providing
mandatory language and/or suggested language for each required contract provision. This Guide
also describes contract clauses that FEMA recommends in addition to those required by 2 C.F.R. Part
200.
This Guide provides:
Sample language or references to find sample language for some of the federally required
clauses.
Required language for clauses that require exact language.
1 Non-federal entity is defined as a state, local government, Indian tribe, institution of higher education, or
nonprofit organization carrying out a federal award as a recipient or subrecipient. 2 C.F.R. § 200.1. State is
defined as “any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S.
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency
or instrumentality thereof exclusive of local governments.” 2 C.F.R. § 200.1. The term “non-state entity”
therefore refers to a non-federal entity other than a state, which includes local and tribal governments as well
as nonprofit organizations.
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Sample language for some of the federally recommended clauses.
This Guide does not provide:
Sample language for certain federally required or recommended clauses that must be
included in accordance with the NFE’s applicable laws, rules, and procedures.
Provisions required by applicable state, tribal, or local laws or rules separate from the federal
provisions.
Many of the provisions described in this Guide only apply when certain circumstances are present,
such as the type of work being procured, the dollar amount, or the date when it is procured. Each
section will describe the applicable requirements.
NOTE: The NFE is solely responsible for ensuring that all language included in its contracts meets the
requirements of 2 C.F.R. Part 200, including 2 C.F.R. § 200.327 and Appendix II. While the Contract
Provisions Guide provides general guidance, NFEs should reach out to their applicable FEMA grant
program representative(s) if they have specific questions on the applicability of the contract
provisions to a particular FEMA grant program. NFEs are encouraged to visit www.fema.gov for
additional information regarding FEMA grant programs and www.fema.gov/grants/procurement for
procurement under grants reference material.
Summary of Applicable Federal Procurement Standards
For the NFE to determine which federal procurement rules to follow, it must first determine whether
it is a state entity or a non-state entity. Below are the federal procurement rules applicable to state
and non-state entities effective November 12, 2020:
State entities 2, including their agencies and instrumentalities, must follow their own documented
procurement policies and procedures when purchasing under a FEMA award pursuant to 2 C.F.R.
§ 200.317. These entities must also comply with socioeconomic affirmative steps (2 C.F.R. §
200.321), requirement for domestic preferences for procurement (2 C.F.R. § 200.322), the
requirements for procurement of recovered materials (2 C.F.R. § 200. 323) and ensure that all
necessary contract provisions are included in their contracts (2 C.F.R § 200.327).
NFEs other than states (collectively referred to as non-state entities 3), which include local
governments, tribes and eligible private nonprofit organizations, must have documented
procurement policies and procedures, which reflect applicable local, state or tribal law, and
ensure compliance with the federal requirements listed at 2 C.F.R. §§ 200.318 – 200.327.
2 A state entity is “any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any
agency or instrumentality thereof exclusive of local governments.” 2 C.F.R. § 200.1
3 A non-state entity is any non-federal entity (as defined above) other than a state (as defined above).
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In the case of noncompliance with the federal procurement rules, FEMA may apply a remedy, as
appropriate, in accordance with its authorities found at 2 C.F.R. § 200.339 Remedies for
Noncompliance.
Policy and Guidance Document(s) Incorporated and
Superseded
This Guide supersedes the Contract Provisions Template and other provisions pertaining to the
procurement under grants process in policy or guidance circulated prior to the publication date of the
Contract Provisions Guide. This Guide provides the most updated and authoritative information
regarding required provisions under Appendix II to Part 200—Contract Provisions for Non-Federal
Entity Contracts Under Federal Awards and FEMA-recommended contract provisions.
Document Management and Maintenance
FEMA Policy FI-207-21-0001, Contract Provisions Guide, will be reviewed, reissued, revised, and/or
rescinded within four years for the issue date. The Procurement Disaster Assistance Team (PDAT), a
subcomponent of FEMA’s Grant Programs Directorate’s (GPD) Policy Division, developed this Guide
to provide accurate and updated information to assist both FEMA staff and FEMA award recipients
and subrecipients navigate Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards. PDAT is responsible for the management and maintenance of this
Guide. Comments and feedback from FEMA personnel and stakeholders regarding this Guide should
be directed to the Grants Program Directorate Policy Division at FEMA headquarters (HQ) at FEMA-
GPD-Policy@fema.dhs.gov.
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Contract Provisions Quick Reference Guide
Tables A and B are designed to help FEMA grant recipients and subrecipients conduct a quick
reference of the applicability of a specific contract provision and whether sample contract language
is included within this Guide to incorporate within the NFE’s contract.
The Tables are divided between the required contract provisions set forth under 2 C.F.R. Part 200
Appendix II and those that FEMA recommends in addition to those required by 2 C.F.R. Part 200.
Table A: Required Contract Provisions (continued next page)
Provision (Appendix II Section) Applicability Sample Contract
Language Included
1 Legal/contractual/administrative
remedies for breach of contract
Greater than Simplified Acquisition
Threshold (SAT)- $250,000
No. It is based on
NFE’s procedures.
2 Termination for cause and
convenience
Greater than $10,000 No. It is based on
NFE’s procedures.
3 Equal Employment Opportunity Construction work Yes. Exact language
from 41 C.F.R. §
60-1.4(b) included.
4 Davis-Bacon Act Construction work Yes, via reference
to required
language at 29
C.F.R. § 5.5(a).
5 Copeland “Anti-Kickback” Act Construction work greater than
$2,000
Yes.
6 Contract Work Hours and Safety
Standards Act
Greater than $100,000 +
mechanics or laborers
Yes. Exact language
required from 29
C.F.R. § 5.5(b).
7 Rights to inventions made under
a contract or agreement
Funding agreement Yes.
8 Clean Air Act and federal Water
Pollution Control Act
Greater than $150,000 Yes.
9 Debarment and Suspension Greater than $25,000 Yes.
10 Byrd Anti-Lobbying Amendment Greater than $100,000; and
Certification required for all
contracts greater than $100,000
Yes. Clause and
certification.
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Provision (Appendix II Section) Applicability Sample Contract
Language Included
11 Procurement of Recovered
Materials
NFE is a state or political subdivision
of a state. Work involves the use of
materials and the contract is for
more than $10,000.
Yes.
12 Prohibition on Contracting for
Covered Telecommunications
Equipment or Services
All FEMA declarations and awards
issued on or after November 12,
2020.
Yes.
13 Domestic Preferences for
Procurements
All FEMA declarations and awards
issued on or after November 12,
2020.
Yes.
Table B: Recommended Contract Provisions
Provision Applicability Sample Contract
Language Included
1 Access to Records All Yes.
2 Contract Changes or
Modifications
All No. It depends on
nature of contract
and end-item
procured.
3 DHS Seal, Logo, and Flags All Yes.
4 Compliance with federal Law,
Regulations and Executive
Orders
All Yes.
5 No Obligation by Federal
Government
All Yes.
6 Program Fraud and False or
Fraudulent Statements or
Related Acts
All Yes.
7 Affirmative Socioeconomic
Steps
State entities: all FEMA declarations
and awards issued on or after
November 12, 2020.
Non-state entities: all procurements
Yes.
8 Copyright All procurements that may involve
creation of copyrightable material.
Yes.
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Required Contract Provisions
1. Remedies
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below
which an NFE may purchase property or services using small purchase methods, currently set at
$250,000 for procurements made on or after June 20, 2018,4 must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and
must provide for sanctions and penalties as appropriate.5
1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for
procurements made on or after June 20, 2018. Although not required for contracts at or below the
SAT, FEMA suggests including a remedies provision.
1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause
in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the
contract must include a clause addressing that non-delivery by the contract’s specified date or other
vendor nonperformance will require a penalty of no less than $100 per day until such time that the
vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty
clause should, however, account for force majeure or acts of god. AFG recipients should refer to the
applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be
accessed at FEMA.gov.
2. Termination for Cause and Convenience
Contracts for more than $10,000 must address termination for cause and for convenience by the
non-federal entity, including how it will be carried out and the basis for settlement.6
2.1 Applicability
This contract provision is required for procurements exceeding $10,000. FEMA suggests including a
termination for cause and for convenience in all contracts even when not required.
4 See FEMA Grant Programs Directorate Information Bulletin No. 434, Increases and Changes to the Micro-
Purchase and Simplified Acquisition Thresholds (Aug. 28, 2018),
https://www.fema.gov/sites/default/files/2020-
08/ib_434_changes_micro_purch_simp_acquisition_thresholds.pdf. For procurements subject to 2 C.F.R. Part
200 that were made before June 20, 2018, the SAT was $150,000.
5 2 C.F.R. Part 200, Appendix II, § A.
6 See 2 C.F.R. Part 200, Appendix II, § B.
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3. Equal Employment Opportunity
Any contract that uses federal funds to pay for construction work is a “federally assisted construction
contract” and must include the equal opportunity clause found in 2 C.F.R. Part 200, unless otherwise
stated in 41 C.F.R. Part 60.7
3.1 Applicability
This contract provision is required for all procurements that meet the definition of a “federally
assisted construction contract.”
3.2 Key Definitions
Federally Assisted Construction Contract: The regulation at 41 C.F.R. § 60-1.3 defines a federally
assisted construction contract as “any agreement or modification thereof between any applicant
and a person for construction work which is paid for in whole or in part with funds obtained from
the Government or borrowed on the credit of the Government pursuant to any federal program
involving a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee, or any application or
modification thereof approved by the Government for a grant, contract, loan, insurance, or
guarantee under which the applicant itself participates in the construction work.”
Construction Work: The regulation at 41 C.F.R. § 60-1.3 defines construction work as “the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing utility
services. The term also includes the supervision, inspection, and other onsite functions incidental
to the actual construction.”
Contract: The regulation at 41 C.F.R. § 60-1.3 defines contract as “any Government contract or
subcontract or any federally assisted construction contract or subcontract.”
Additional definitions pertaining to this contract provision can be found at 41 C.F.R. § 60-1.3.
3.3 Required Language
The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise provided or exempted in 41
C.F.R. Part 60, the insertion of the following contract clause: “During the performance of this
contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
7 See 2 C.F.R. Part 200, Appendix II, § C.
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orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
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sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a state or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The applicant 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.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Executive Order and will carry out such sanctions
and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case to the Department of
Justice for appropriate legal proceedings.”
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4. Davis-Bacon Act
This statute requires that contractors must pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in the Secretary of Labor’s wage determination. Additionally,
contractors are required to pay wages at least once per week.8 Additional requirements are listed
below, and relevant definitions are at 29 C.F.R. § 5.2. NFEs should refer to the applicable NOFO or
other program guidance or contact their applicable FEMA grant representative for additional
information on how to implement this requirement.
4.1 Applicability
When required by the federal program legislation, prime construction contracts over $2,000
awarded by NFEs must include a provision for compliance with the Davis-Bacon Act.9
The Davis-Bacon Act only applies to the Emergency Management Performance Grant Program,10
Homeland Security Grant Program,11 Nonprofit Security Grant Program,12 Tribal Homeland Security
Grant Program,13 Port Security Grant Program,14 Transit Security Grant Program,15 Intercity
Passenger Rail Program,16 and Rehabilitation of High Hazard Potential Dams Program.17 Unless
otherwise stated in a program’s authorizing statute, it does not apply to other FEMA grant and
cooperative agreement programs, including the PA Program. .
8 See id.; 40 U.S.C. §§ 3141-3144 and 3146-3148. The Davis-Bacon Act is supplemented by Department of
Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering federally
Financed and Assisted Construction)
9 2 C.F.R. Part 200, Appendix II, § D.
10 See section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act),
Pub. L. No. 93-288 (codified as amended at 42 U.S.C. § 5196(j)(9)).
11 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002, Pub. L. No. 107-296 (codified as
amended at 6 U.S.C. § 609(b)(4)(B)(ii)) (citing to section 611(j)(9) of the Stafford Act).
12 Id. The Davis-Bacon Act only applies to the Nonprofit Security Grant Program (NSGP) where that program is
funded as a carve-out of the appropriations for the Homeland Security Grant Program (HSGP). See, e.g.,
Department of Homeland Security Appropriations Act, 2020, Pub. L. No. 116-93, Title III, Protection,
Preparedness, Response, and Recovery, Federal Emergency Management Agency, Federal Assistance §§ 1-2.
Compare id. with section 2009 of the Homeland Security Act of 2002 (6 U.S.C. § 609a) (authorizing NSPG as a
stand-alone program where the Davis-Bacon Act does not apply, but as of the date of publication of this
document, NSGP has not been funded as a standalone program).
13 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002.
14 See section 102 of the Maritime Transportation Security Act of 2002 (MTSA), Pub. L. No. 107-295 (codified
as amended at 46 U.S.C. § 70107); 46 U.S.C. § 70107(b)(2). While the MTSA requires that PSGP construction
activities are carried out consistent with section 611(j)(8) of the Stafford Act, a subsequent amendment to the
Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of section 611(j)(8) to 611(j)(9).
The cross-reference in the MTSA has not been updated.
15 See section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act),
Pub. L. No. 110-53 (6 U.S.C. § 1135) (applying the requirements of section 49 U.S.C. § 5307); 49 U.S.C. §
5333 (applying the Davis-Bacon Act to grants provided under 49 U.S.C. § 5307).
16 See section 1513(h) of the 9/11 Act (6 U.S.C. § 1163(h)) (citing to 49 U.S.C. § 24312, which requires
compliance with the Davis-Bacon Act).
17 See section 8A(d)(2)(E) of the National Dam Safety Program Act (codified as amended at 33 U.S.C. § 467f-
2(d)(2)(E)) (requiring compliance with 42 U.S.C. § 5196(j)(9), which is section 611(j)(9) of the Stafford Act that
applies the Davis-Bacon Act).
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4.2 Additional Requirements
If applicable, in addition to the requirements mentioned in the beginning of this section, the NFE
must do the following:
Place a copy of the Department of Labor’s current prevailing wage determination in each
solicitation. Contracts or subcontracts must be awarded on the condition that the prevailing
wage determination is accepted. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.18
Include a provision for compliance with the Copeland “Anti-Kickback” Act for all contracts subject
to the Davis-Bacon Act.19 See Required Contract Provisions, Section 5. Copeland Anti-Kickback
Act in this Guide for additional information. According to 29 C.F.R. § 5.5(a)(5), the regulatory
requirements for the Copeland “Anti-Kickback” Act are incorporated by reference into the required
contract provision, so a separate contract provision is not necessary. However, the NFE may include
a separate contract provision specific to the Copeland “Anti-Kickback” Act.
Per Department of Labor’s implementing regulations for the Davis-Bacon Act, the NFEs
contractor and any subcontractors are required to insert, or incorporate by reference, the clauses
contained at 29 C.F.R. § 5.5(a)(1)-(10)20 into any subcontracts.
Follow the other requirements of the Davis-Bacon Act and implementing regulations.21
4.3 Required Language 22
If applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. §
5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these
provisions in full in any subcontracts.23
5. Copeland “Anti-Kickback” Act
The Copeland "Anti-Kickback" Act prohibits workers on construction contracts from giving up wages
that they are owed.24 Additional requirements are listed below, and relevant definitions are at 29
C.F.R. § 3.2. The applicable implementing regulations are intended to assist with enforcement of the
18 2 C.F.R. Part 200, Appendix II, § D.
19 2 C.F.R. Part 200, Appendix II, § D.
20 29 C.F.R. § 5.5(a)(6).
21 40 U.S.C. §§ 3141-3144, 3146-3148; 29 C.F.R. Part 5.
22 29 C.F.R. § 5.5(a).
23 29 C.F.R. § 5.5(a)(1), (6).
24 See id.; 40 U.S.C. § 3145. The Copeland “Anti-Kickback” Act is supplemented by Department of Labor
regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States).
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Davis-Bacon Act’s minimum wage provisions as well as various statutes with similar minimum wage
provisions for federally assisted construction.25
5.1 Applicability
For all prime construction contracts above $2,000, when the Davis-Bacon Act also applies,26 NFEs
must include a provision in contracts and subcontracts for compliance with the Copeland “Anti-
Kickback” Act.27 This requirement applies to all prime construction contracts above $2,000 in
situations where the Davis-Bacon Act also applies.28 In situations where the Davis-Bacon Act does
not apply, neither does the Copeland “Anti-Kickback” Act. As described in section A.4 regarding the
Davis-Bacon Act, this provision only applies to certain FEMA grant and cooperative agreement
programs. Please reference that list discussed above. Of note, it does not apply to the PA Program.
5.2 Additional Requirements
If applicable, the NFE must do the following:
Include a provision for compliance with the Copeland “Anti-Kickback” Act.29 According to the
Davis-Bacon Act implementing regulations, the requirements for the Copeland “Anti-Kickback”
Act are incorporated into the required contract provision for the Davis-Bacon Act by reference.30
Therefore, a separate contract provision is not necessary. However, the NFE may include a
separate contract provision specific to the Copeland “Anti-Kickback” Act with language
suggested below.
The Copeland “Anti-Kickback Act” prohibits each contractor or subcontractor from any form of
persuading a person employed in construction, completion, or repair of public work to give up
any part of their rightful compensation. The NFE must report all suspected or reported violations
of the Copeland “Anti-Kickback Act” to FEMA.31
Each contractor and subcontractor must provide weekly reports of the wages paid during the
prior week’s payroll period to each employee covered by the “Copeland Anti-Kickback” Act and
the Davis-Bacon Act. The reports must be delivered to a representative of a federal or state
agency in charge at the building or work site by the contractor or subcontractor within seven days
of the payroll period’s payment date.32
25 See 29 C.F.R. § 3.1.
26 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. §§ 3.1, 3.3(c).
27 2 C.F.R. Part 200, Appendix II, § D.
28 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. § 3.3(c).
29 See 29 C.F.R. § 3.11.
30 29 C.F.R. § 5.5(a)(5).
31 See 2 C.F.R. Part 200, Appendix II, § D.
32 See 29 C.F.R. § 3.4.
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Follow the other requirements of the Copeland “Anti-Kickback” Act and implementing
regulations.33
5.3 Suggested Language
The following provides a sample contract clause:
“Compliance with the Copeland “Anti-Kickback” Act.
Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into
this contract.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
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.”
6. Contract Work Hours and Safety Standards Act
Where applicable,34 all contracts awarded by the NFE of more than $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with statutory
requirements on work hours and safety standards.35 Under 40 U.S.C. § 3702, each contractor must
base wages for every mechanic and laborer on a standard 40-hour work week. Work over 40 hours is
allowed, so long as the worker is paid at least one and a half times the base pay rate for all hours
worked over 40 hours in the work week. Additionally, for construction work, under 40 U.S.C. § 3704,
work surroundings and conditions for laborers and mechanics must not be unsanitary or unsafe.
Relevant definitions are at 40 U.S.C. § 3701 and 29 C.F.R. § 5.2.
6.1 Applicability
This required contract provision applies to all procurements over $100,000 that involve the
employment of mechanics, laborers, and construction work.36 These requirements do not apply to
33 18 U.S.C. § 874; 40 U.S.C. § 3145; 29 C.F.R. Part 3.
34 See 40 U.S.C. §§ 3701-3708.
35 40 U.S.C. §§ 3702, 3704. The Contract Work Hours and Safety Standards Act is supplemented by
Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E.
36 41 C.F.R. Part 60-1.3.
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the purchase of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.37
6.2 Additional Requirements
If applicable per the standard described above, the non-federal entity must include the provisions at
29 C.F.R. § 5.5(b)(1)-(4), verbatim, into all applicable contracts, and all applicable contractors must
include these provisions, in full, into any subcontracts.38
In addition to the required language from 29 C.F.R. § 5.5(b)(1)-(4), in any contract subject only to the
Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1,
the NFE must also insert a clause meeting the requirements of 29 C.F.R. § 5.5(c). Specific language
is not required, but FEMA has provided suggested language below.
6.3 Required Language
For the required contract provision, the language from 29 C.F.R. § 5.5(b)(1)-(4) is provided here for
ease of reference:
“Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)
of this section, in the sum of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (insert name of grant recipient or
subrecipient) shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the contractor or subcontractor under any such contract or any other
37 2 C.F.R. Part 200, Appendix II, § E.
38 29 C.F.R. § 5.5(b)(1), (4).
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federal contract with the same prime contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b)(1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (b)(1) through (4) of this section.”
6.4 Suggested Language
For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not
subject to the other statutes in 29 C.F.R. § 5.1 where an additional contract provision is required,
FEMA suggests including the following language:
“Further Compliance with the Contract Work Hours and Safety Standards Act.
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of
the contract for all laborers and mechanics, including guards and watchmen, working on the
contract. Such records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the
Department of Homeland Security, the Federal Emergency Management Agency, and the
Department of Labor, and the contractor or subcontractor will permit such representatives to
interview employees during working hours on the job.”
7. Rights to Inventions Made Under a Contract or
Agreement
This contract provision outlines the rules governing the ownership of inventions created using federal
funds. If the FEMA award meets the definition of funding agreement 39 and the NFE enters into any
contract involving substitution of parties, assignment or performance of experimental,
developmental, or research work under that funding agreement, then the NFE must comply with the
requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA.
39 Funding agreement definition found under 37 C.F.R. § 401.2(a).
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7.1 Applicability
This provision does not apply to all FEMA grant and cooperative agreement programs. NFEs should
refer to applicable NOFO or other program guidance or contact their applicable FEMA grant
representative to determine if this provision is required for the procurement. However, the Rights to
Inventions Made Under a Contract or Agreement clause is not required for procurements under
FEMA’s PA Program.
7.2 Key Definitions
Funding Agreements: The regulation at 37 C.F.R. § 401.2(a) defines funding agreement as “any
contract, grant, or cooperative agreement entered into between any federal agency, other than the
Tennessee Valley Authority, and any contractor for the performance of experimental, developmental,
or research work funded in whole or in part by the federal government. This term also includes any
assignment, substitution of parties, or subcontract of any type entered into for the performance of
experimental, developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.”
8. Clean Air Act and Federal Water Pollution Control Act
For contracts over $150,000, contracts must contain a provision requiring contractors to comply
with the Clean Air Act 40 and the Federal Water Pollution Control Act.41 Violations must be reported to
FEMA and the Regional Office of the Environmental Protection Agency (EPA).42
8.1 Applicability
This contract provision is required for all procurements over $150,000.
8.2 Suggested Language
The following provides a sample contract clause:
“Clean Air Act”
The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The contractor agrees to report each violation to the (insert name of non-federal entity
entering into the contract) and understands and agrees that the (insert name of the non-
federal entity entering into the contract) will, in turn, report each violation as required to
40 42 U.S.C. §§ 7401-7671q. This also includes all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act.
41 33 U.S.C. §§ 1251-1387, as amended.
42 2 C.F.R. Part 200, Appendix II, § G.
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assure notification to the Federal Emergency Management Agency (FEMA), and the
appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA.
“Federal Water Pollution Control Act”
The contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The contractor agrees to report each violation to the (insert name of the non-federal entity
entering into the contract) and understands and agrees that the (insert name of the non-
federal entity entering into the contract) will, in turn, report each violation as required to
assure notification to the (insert name of the pass-through entity, if applicable), Federal
Emergency Management Agency (FEMA), and the appropriate Environmental Protection
Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA.”
9. Debarment and Suspension
NFEs contractors and subcontractors are subject to debarment and suspension regulations.43
Applicable contracts and subcontracts must include a provision requiring compliance with
debarment and suspension regulations.44
9.1 Applicability
The debarment and suspension clause is required for all contracts and subcontracts for $25,000 or
more, all contracts that require the consent of an official of a federal agency, and all contracts for
federally required audit services.45
NFEs, even for procurements under $25,000, must also comply with the regulation requiring non-
state entities to only award contracts to responsible vendors.46
43 2 C.F.R. Part 180 (implementing Executive Order 12549, Debarment and Suspension (1986) and Executive
Order 12689, Debarment and Suspension (1989)); 2 C.F.R. Part 3000 (Department of Homeland Security
regulations for Nonprocurement Debarment and Suspension, implementing 2 C.F.R. Part 180).
44 2 C.F.R. § 180; 2 C.F.R. Part 200, Appendix II, § H; 2 C.F.R. § 3000.332.
45 2 C.F.R. § 180.220(b); 2 C.F.R. § 3000.220.
46 2 C.F.R. § 200.318(h). For contracts and subcontracts under $25,000, a contract provision is only required
if those contracts or subcontracts are for federally required audit services or require the consent of a federal
agency. However, even where a contract provision is not required, non-state entities must still ensure they are
only awarding contracts to responsible vendors.
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9.2 Additional Requirements
The debarment and suspension regulations restrict awards, subawards, contracts, and subcontracts
with parties that are debarred, suspended, or otherwise excluded, or declared ineligible for
participation in federal assistance programs and activities.47
If applicable, a contract or subcontract must not be made to parties listed on the governmentwide
exclusions in the System for Award Management (SAM). SAM Exclusions is the list maintained by the
General Services Administration that contains the names of parties that are debarred, suspended, or
otherwise excluded, or declared ineligible under statutory or regulatory authority other than Executive
Order 12549.48 SAM Exclusions can be accessed at www.sam.gov.49
In general, an “excluded” party cannot receive a federal grant award or a contract considered to be a
“covered transaction,” which includes parties that receive federal funding indirectly such as
subawards and subcontracts. The key to the exclusion is whether there is a covered transaction. A
covered transaction is a nonprocurement transaction at either a primary or secondary tier.50
Specifically, a covered transaction includes the following contracts for goods or services under FEMA
grant and cooperative agreement programs:
The contract is at least $25,000.
The contract requires the approval of FEMA, regardless of amount.
The contract is for federally required audit services.
It is a subcontract for $25,000 or more.51
9.3 Suggested Language
The following provides a debarment and suspension clause. It also incorporates an optional method
of verifying that contractors are not excluded or disqualified 52:
47 See 2 C.F.R. Part 200, Appendix II, § H; 2 C.F.R. § 200.213. See also 2 C.F.R. Parts 180, 3000.
48 See 2 C.F.R. Part 200, Appendix II, § H.
49 2 C.F.R. § 180.530.
50 The regulations at 2 C.F.R. Parts 180 and 3000 are titled “nonprocurement” because they do not apply to
procurements by the federal government but rather to federal financial assistance. There are separate
debarment and suspension regulations covering procurements by the federal government. However, although
the term “covered transactions” under 2 C.F.R. Parts 180 and 3000 does not include contracts awarded by the
federal government, it does include some contracts awarded by recipients and subrecipients.
51 See 2 C.F.R. §§ 180.220, 3000.220.
52 Per 2 C.F.R. § 180.300, non-federal entity about to enter into an applicable contract, or a contractor about
to entire into an applicable subcontract, must verify that the contractor or subcontractor is not excluded or
disqualified by doing one of three things: 1) check SAM Exclusions; 2) collect a certification from the contractor
or subcontractor; or 3) add a clause or condition to the contract or subcontract. The additional suggested
language in this sample clause is for purposes of this requirement.
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“Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part
3000. As such, the contractor is required to verify that none of the contractor’s 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).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000,
subpart C, and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
This certification is a material representation of fact relied upon by (insert name of
recipient/subrecipient/applicant). If it is later determined that the contractor did not comply
with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies
available to (insert name of recipient/subrecipient/applicant), the federal government may
pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart
C and 2 C.F.R. Part 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.”
10. Byrd Anti-Lobbying Amendment
NFEs who intend to award contracts of more than $100,000, and their contractors who intend to
award subcontracts of more than $100,000, must include a contract provision prohibiting the use of
federal appropriated funds to influence officers or employees of the federal government. Contractors
that apply or bid for a contract for more than $100,000 must also file the required certification
regarding lobbying.53
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 employee of a federal
agency, a Member of Congress, an employee of Congress, or an employee of a Member of Congress
in connection with receiving any federal contract, grant, or other award covered by 31 U.S.C. § 1352.
53 See 2 C.F.R. Part 200, Appendix II, § I (citing 31 U.S.C. § 1352); 44 C.F.R. § 18.110.
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The required certification form is found in FEMA regulations.54 Each tier must also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any federal funding.
These disclosures are forwarded from tier to tier, all the way up to the federal awarding agency.55
10.1 Applicability
The Byrd Anti-Lobbying Amendment clause and certification are required for contracts of more than
$100,000, and for subcontracts of more than $100,000.
10.2 Suggested Language
The following provides a sample contract clause:
“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of more than $100,000 shall file the required
certification. Each tier certifies to the tier above that it will not and has not used federally
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 who in turn will
forward the certification(s) to the federal awarding agency.”
10.3 Required Certification
10.3.1 REQUIRED CERTIFICATION LANGUAGE
If applicable, contractors must sign and submit the following certification to the NFE with each bid or
offer exceeding $100,000:
“APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
54 See 44 C.F.R. §§ 18.100, 18.110; 44 C.F.R. Part 18, Appendix A. FEMA’s regulations at 44 C.F.R. Part 18
implement the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the
certification that is required to be completed by each entity as described in 31 U.S.C. § 1352.
55 See 44 C.F.R. §§ 18.100, 18.110; 44 C.F.R. Part 18, Appendix B. The specific form for disclosures is
referenced in Appendix B to 44 C.F.R. Part 18 and is SF-LLL, also available at
https://www.grants.gov/web/grants/forms/sf-424-family.html.
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of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.”
10.3.2 RECOMMENDED SIGNATURE LINE:
At the end of the certification language, FEMA recommends including the following signature
line.
“The Contractor, _______________, certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies
for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date”
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11. Procurement of Recovered Materials
An NFE that is a state agency or an agency of a political subdivision of a state, and the NFE’s
contractors must comply with Section 6002 of the Solid Waste Disposal Act.56 Applicable NFEs must
include a contract provision requiring compliance with this requirement.57 This includes contracts
awarded by a state agency or political subdivision of a state and its contractors for certain items, as
designated by the EPA, with a purchase price greater than $10,000.58 Indian Tribal Governments
and nonprofit organizations are not required to comply with this provision. Additional requirements
are listed below.
11.1 Applicability
This required contract provision applies to all procurements over $10,000 made by a state agency or
an agency of a political subdivision of a state and its contractors.
11.2 Additional Requirements
The requirements include:
Procuring only items designated in EPA guidelines 59 that contain the highest practical percentage
of recovered materials consistent with maintaining competition, where the purchase price of the
item is greater than $10,000, or the value of the amount of items purchased in the preceding
fiscal year was greater than $10,000;
Procuring solid waste management services in a way that maximizes energy and resource
recovery; and
Establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.60
11.3 Suggested Language
The following provides a sample contract clause:
“In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired—
56 Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42
U.S.C. § 6962). 2 C.F.R. § 200.323.
57 See 2 C.F.R. Part 200, Appendix II, § J (citing 2 C.F.R. § 200.323).
58 See 2 C.F.R. Part 200, Appendix II, § J; 2 C.F.R. § 200.323; 40 C.F.R. Part 247.
59 40 C.F.R. Part 247.
60 42 U.S.C. § 6962; 2 C.F.R. § 200.323.
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Competitively within a timeframe providing for compliance with the contract performance
schedule;
Meeting contract performance requirements; or
At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.”
12. Prohibition on Contracting for Covered
Telecommunications Equipment or Services
Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(FY2019 NDAA) and 2 C.F.R. § 200.216, as implemented by FEMA Policy 405-143-1, Prohibitions on
Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim),
prohibit the obligation or expending of federal award funds on certain telecommunication products
or from certain entities for national security reasons. Effective August 13, 2020, FEMA recipients and
subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA
award funds to:
a. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology of any system;
b. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
c. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system.
12.1 Applicability
For purchases in support of FEMA declarations and awards issued on or after November 12, 2020,
all FEMA recipients and subrecipients, and their contractors and subcontractors, are required to
include this contract provision in all FEMA-funded contracts and subcontracts, including any
purchase orders.61 FEMA strongly encourages the use of this contract clause for any contracts where
61 2 C.F.R. Part 200, Appendix II, § K (citing 2 C.F.R. § 200.216).
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FEMA funding will be used regardless of whether the funding is from FEMA declarations or awards
issued on or after November 12, 2020.
12.2 Suggested Language
The following provides a sample contract clause:
“Prohibition on Contracting for Covered Telecommunications Equipment or Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds
for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive
agency on or after Aug.13, 2020, from obligating or expending grant, cooperative
agreement, loan, or loan guarantee funds on certain telecommunications products or
from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds
from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual
instrument, any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as
critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming,
or interconnection arrangements; or
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(ii) Telecommunications equipment that cannot route or redirect user data traffic or
permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services
used as a substantial or essential component of any system, or as critical technology as
part of any system, during contract performance, or the contractor is notified of such by a
subcontractor at any tier or by any other source, the contractor shall report the
information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this
clause:
(i) Within one business day from the date of such identification or notification: The
contract number; the order number(s), if applicable; supplier name; supplier unique
entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if
known); brand; model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description; and any readily
available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this
clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and
any additional efforts that will be incorporated to prevent future use or submission of
covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.”
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13. Domestic Preferences for Procurements
As appropriate, and to the extent consistent with law, NFEs should, to the greatest extent practicable
under a federal award, provide a preference for the purchase, acquisition, or use of goods, products
or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel,
cement, and other manufactured products.62
13.1 Applicability
For purchases in support of FEMA declarations and awards issued on or after November 12, 2020,
all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for
work or products a contract provision encouraging domestic preference for procurements.63
13.2 Suggested Language
The following provides a sample contract clause:
“Domestic Preference for Procurements
As appropriate, and to the extent consistent with law, the contractor should, to the greatest
extent practicable, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States. This includes, but is not limited to iron, aluminum,
steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
Manufactured products mean items and construction materials composed in whole or in part of
non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”
62 See 2 C.F.R. § 200.322.
63 2 C.F.R. Part 200, Appendix II, § L (citing 2 C.F.R. § 200.322). The requirements of 2 C.F.R. § 200.322 must
also be included in all subawards.
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FEMA Recommended Contract
Provisions
Appendix II to Part 200 authorizes FEMA to require or recommend additional provisions for NFE
contracts. Therefore, FEMA recommends the following:
1. Access to Records
NFEs and their contractors and subcontractors must give the Department of Homeland Security
(DHS) and FEMA access to records associated with their awards during the federally required record
retention period and as long as the records are retained.64 All parties agree to comply with DHS
provisions about accessing people, places, and things related to the federal financial award as
necessary or as required by DHS regulations or other applicable laws and policies.65 Additionally, for
contracts entered into after August 1, 2017, under a major disaster or emergency declaration under
Titles IV or V of the Robert T. Stafford Disaster Relief Act, FEMA is prohibited from funding any
contracts that prevent audits or internal reviews by the FEMA Administrator or Comptroller General.66
1.1 Suggested Language for All Procurements
The following provides a sample contract clause:
“The Contractor agrees to provide (insert non-federal entity), (insert name of pass-through entity,
if applicable), the FEMA Administrator, the Comptroller General of the United States, or any of
their authorized representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
64 2 C.F.R. §§ 200.334, 200.337.
65 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard-
terms-and-conditions.
66 See Sections 1202 and 1225 of the Disaster Recovery Reform Act of 2018, Pub. L. No. 115-254.
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1.2 Additional Suggested Language Applicable to Contracts Entered into
After August 1, 2017 Under a Major Disaster or Emergency Declaration
The following provides a sample contract clause:
In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the (insert name
of the non-federal entity) and the Contractor acknowledge and agree that no language in this
contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the
Comptroller General of the United States.”
2. Changes
To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be
necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the
scope of work, and otherwise allowable.67
2.1 Applicability
FEMA recommends that all contracts include a changes clause that describes how, if at all, changes
can be made by either party to alter the method, price, or schedule of the work without breaching the
contract. The language of the clause may depend on the nature of the contract and the procured
item(s) or service(s). The NFE should also consult their servicing legal counsel to determine whether
and how contract changes are permissible under applicable state, local, or tribal laws or regulations.
3. DHS Seal, Logo, and Flags
Recipients must obtain permission before using the DHS seal(s), logos, crests, reproductions of
flags, or likenesses of DHS agency officials.68
3.1 Applicability
FEMA recommends that all NFEs include in their contracts a statement that a contractor shall not
use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials
without FEMA’s pre-approval.
3.2 Suggested Language
The following provides a sample contract clause:
67 See 2 C.F.R. § 200.403.
68 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard-
terms-and-conditions.
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“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval. The contractor shall
include this provision in any subcontracts.”
4. Compliance with Federal Law, Regulations, And
Executive Orders and Acknowledgement of Federal
Funding
The NFEs and its contractors are required to comply with all federal laws, regulations, and executive
orders. Additionally, recipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposal, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.69
4.1 Applicability
FEMA recommends that all NFEs include in their contracts a statement acknowledging that FEMA
funding will be used in the contract, as well as a requirement that contractors will comply with all
applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives.
4.2 Suggested Language
The following provides a sample contract clause:
“This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion
of the contract. The contractor will comply with all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.”
5. No Obligation by Federal Government
FEMA is not a party to any transaction between a NFE and its contractor. Therefore, FEMA is not
subject to any obligations or liable to any party for any matter relating to the contract between an
NFE and its contractor.70
5.1 Applicability
FEMA recommends that the NFE include a statement in its contract that the federal government is
not a party to the contract and, thus, is not subject to any obligations or liabilities to any party
resulting from the contract.
69 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard-
terms-and-conditions.
70 See, e.g., 2 C.F.R. § 200.318(k) (stating that the NFE alone is responsible for the settlement of all
contractual and administrative issues arising out of procurements).
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5.2 Suggested Language
The following provides a sample contract clause:
“The federal government is not a party to this contract and is not subject to any obligations or
liabilities to the non-federal entity, contractor, or any other party pertaining to any matter
resulting from the contract.”
6. Program Fraud and False or Fraudulent Statements
or Related Acts
NFEs must comply with the requirements of the False Claims Act which prohibits submitting false or
fraudulent claims for payment to the federal government.71 As a part of the contract with a NFE,
contractors must acknowledge that 31 U.S.C. Chap. 38, regarding administrative remedies for false
claims and statements,72 applies to their actions under their contract.73
6.1 Applicability
FEMA recommends that contracts include a provision prohibiting making false or fraudulent claims
to the federal government.
6.2 Suggested Language
The following provides a sample contract clause:
“The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the contractor’s actions pertaining to this contract.”
7. Affirmative Socioeconomic Steps
For procurements under FEMA declarations and awards issued on or after November 12, 2020, all
NFEs are required to take the six affirmative steps to ensure use of small and minority businesses,
women’s business enterprises, and labor surplus area firms when possible. One of the six steps is to
require the prime contractor, if subcontracts are to be let, to take the five other affirmative steps,74
For procurements under FEMA declarations and awards issued between December 26, 2014, and
November 12, 2020, this requirement only applies to non-state entities.
7131 U.S.C. §§ 3729-3733.
72 31 U.S.C. §§ 3801-3812 (detailing the administrative remedies for false claims and statements made).
73 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard-
terms-and-conditions.
74 See 2 C.F.R. § 200.321; compare 2 C.F.R. § 200.317 (2019), with 2 C.F.R. § 200.317 in Office of
Management and Budget, Guidance for Grants and Agreements, 85 Fed. Reg. 49,506, 49,552 (Aug. 13,
2020).
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7.1 Applicability
FEMA recommends that applicable NFEs include in their contracts a statement requiring prime
contractors, if subcontracts are to be let, to take the required affirmative socioeconomic steps.
7.2 Suggested Language
The following provides a sample contract clause:
“If subcontracts are to be let, the prime contractor is required to take all necessary steps
identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s
business enterprises, and labor surplus area firms are used when possible.”
8. Copyright and Data Rights
An NFE is required by 2 C.F.R. § 200.315 to provide certain licenses with respect to copyright and
data to the federal awarding agency. 2 C.F.R. § 200.315(b) provides to the federal awarding agency
“a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use [any work
that is subject to copyright] for federal purposes, and to authorize others to do so.” 2 C.F.R. §
200.315(d) provides to the federal government the rights to “obtain, reproduce, publish, or
otherwise use” data produced under a federal award and to authorize others to do the same.
8.1 Applicability
When an NFE enters into a contract requiring a contractor or subcontractor to produce copyrightable
subject matter and/or data for the NFE under the award, the NFE should include appropriate
copyright and data licenses to meet its obligations under 2 C.F.R. § 200.315(b) and (d), respectively.
Work that is subject to copyright, or copyrightable subject matter, includes any written reports or
literary works, software and/or source code, music, choreography, pictures or images, graphics,
sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and
architectural works.75
8.2 Suggested Language
The following provides a sample contract clause:
“License and Delivery of Works Subject to Copyright and Data Rights”
The Contractor grants to the (insert name of the non-federal entity), a paid-up, royalty-free,
nonexclusive, irrevocable, worldwide license in data first produced in the performance of this
contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute
copies to the public, and perform publicly and display publicly such data. For data required by the
contract but not first produced in the performance of this contract, the Contractor will identify
75 See 17 U.S.C. § 102.
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such data and grant to the (insert name of the non-federal entity) or acquires on its behalf a
license of the same scope as for data first produced in the performance of this contract. Data, as
used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any
written reports or literary works, software and/or source code, music, choreography, pictures or
images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or
video recordings, and architectural works. Upon or before the completion of this contract, the
Contractor will deliver to the (insert name of the non-federal entity) data first produced in the
performance of this contract and data required by the contract but not first produced in the
performance of this contract in formats acceptable by the (insert name of the non-federal
entity).”
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Appendix
Acronyms
AFG: Assistance to Firefighter Grants
CAGE: Commercial and Government Entity
CFR: Code of Federal Regulations
DHS: U.S. Department of Homeland Security
DRRA: Disaster Recovery and Reform Act of 2018
EPA: U.S. Environmental Protection Agency
FEMA: Federal Emergency Management Agency
GPD: Grant Programs Directorate
HQ: FEMA Headquarters
NDAA: National Defense Authorization Act
NFE: Non-Federal Entity
NOFO: Notice of Funding Opportunity
OMB: Office of Management and Budget
PA: Public Assistance Program
PNP: Private Non-Profit
PDAT: Procurement Disaster Assistance Team
SAM: System for Award Management
SAT: Simplified Acquisition Threshold
USC: United States Code
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Definitions
Contract: A legal instrument by which a FEMA award recipient or subrecipient purchases property
or services needed to carry out the project or program under a federal award.76 A contract, for
the purposes of this Guide, does not mean a federal award or subaward.
Contractor: Contractor means an entity that receives a contract.77
Cooperative agreement: A legal instrument of financial assistance between a federal awarding
agency or pass-through entity and a non-Federal entity, that is consistent with 31 U.S.C. 6302-
6305.78
Federal awarding agency: The federal agency that provides a federal award directly to a non-
Federal entity (NFE). The federal awarding agency discussed in this Guide is FEMA.
Federal Emergency Management Agency (FEMA): FEMA’s statutory mission is to reduce the loss
of life and property and protect the Nation from all hazards, including natural disasters, acts of
terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness, protection, response,
recovery, and mitigation.79 Among other things:
o FEMA administers its programs and carries out its activities through its headquarters
offices in Washington, D.C.; ten Regional Offices; Area Offices for the Pacific, Caribbean,
and Alaska; various Recovery Offices; and temporary Joint Field Offices (JFO).
o FEMA administers numerous assistance programs annually for on a regular basis to
increase the Nation’s preparedness, readiness and resilience to all hazards. These
assistance programs are typically available to NFEs including, but not limited to, states,
local governments, Indian Tribes, universities, hospitals, and certain private nonprofit
organizations.
o Each program is governed by the applicable federal law, regulations, executive orders
and FEMA program-specific policies. As the Federal awarding agency for these programs,
FEMA is responsible for the proper management and administration of these programs
as otherwise required by law and enforcing the terms of the agreements it enters with
NFEs that receive FEMA financial assistance, consistent with the requirements at 2
C.F.R. Part 200.
76 2 C.F.R. § 200.1 Contracts.
77 2 C.F.R. § 200.1 Contractor.
78 2 C.F.R. § 200.1 Cooperative agreement.
79 See Homeland Security Act of 2002, Pub. L. No. 107-296, § 503 (2002) (codified as amended at 6 U.S.C. §
313).
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Federal award: The financial assistance that an NFE receives either directly from a Federal
awarding agency or indirectly from a pass-through entity.80 In this Guide, the term is used
interchangeably with “FEMA Award,” “grant,” and “financial assistance.”
Grant agreement: A legal instrument of financial assistance between a Federal awarding agency
or pass-through entity and an NFE that, consistent with 31 U.S.C. §§ 6302, 6304: Is used to
transfer anything of value from the Federal awarding agency or pass-through entity to the NFE to
carry out a public purpose authorized by a law of the United States (see 31 U.S.C. § 6101(3));
and does not include an agreement that provides only:
o Direct United States government
cash assistance to an individual;
o A subsidy;
o A loan;
o A loan guarantee; or
o Insurance.
Indian tribe (or “federally recognized Indian tribe”): Indian tribe means any Indian tribe, band,
nation, or other organized group or community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. Chapter 33), which is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as Indians (25 U.S.C. 450b(e)).81
See annually published Bureau of Indian Affairs list of Indian Entities Recognized and Eligible to
Receive Services. For the purposes of this Guide, used interchangeably with “Indian Tribal
government”.
Local government: Local government 82 means any unit of government within a state, including a:
o County
o Borough
o Municipality
o City
o Town
o Township
o Parish
o Special district
o School District
o Intrastate district
o Council of governments,
whether incorporated or
not as a nonprofit
corporation under state
law
o Local public authority,
including any public
housing agency under the
United States Housing Act
of 1937
o Any other agency or
instrumentality of a multi-
regional, or intra-state or
local government
80 2 C.F.R. § 200.1 Federal award.
81 2 C.F.R. § 200.1 Indian tribe.
82 2 C.F.R. § 200.1 Local government.
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Non-Federal Entity (NFE): A state, local government, Indian tribe, Institution of Higher Education,
or eligible private nonprofit organization that carries out a federal award as a recipient or
subrecipient.83 In this Guide, NFEs include state and non-state entities.
Non-State Entity: A non-state entity is an eligible FEMA award recipient or subrecipient that does
not meet the definition of a “state under 2 CFR 200.1.
Nonprofit organization (in this Guide, it is used interchangeably with “Private Nonprofit
Organization or PNP”): Nonprofit organization 84 means any corporation, trust, association,
cooperative, or other organization, not including Institutions of Higher Education, that:
Recipient: An NFE that receives a federal award directly from a Federal awarding agency to carry
out an activity under a federal program. The term recipient does not include subrecipients.85 A
recipient is responsible for administering the federal award in accordance with applicable federal
laws. Examples of recipients include state, Indian tribe, or territorial governments.
Pass-through entity: A recipient that provides a subaward to a subrecipient to carry out part of a
federal program is known as the pass-through entity.86 Pass-through entities are responsible for
processing subawards to subrecipients and ensuring subrecipient compliance with the terms
and conditions of the FEMA award agreement.
Political Subdivision: A political subdivision means the unit of government that the State
determines to have met the State’s legislative definition of a political subdivision.87
Simplified Acquisition Threshold (SAT): Simplified acquisition threshold means the dollar amount
below which an NFE may purchase property or services using small purchase methods. NFEs
adopt small purchase procedures to expedite the purchase of items costing less than the
simplified acquisition threshold. The federal SAT is set by the FAR at 48 C.F.R. Subpart 2.1
(Definitions) and in accordance with 41 U.S.C. 1908.88 As of June 2018, the federal SAT is
$250,000,89 but is periodically adjusted for inflation.
State: State means any state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.90 In
this Guide, state is used interchangeably with “state entity”.
83 2 C.F.R. § 200.1 Non-Federal entity.
84 2 C.F.R. § 200.1 Nonprofit organization.
85 2 C.F.R. § 200.1 Recipient.
86 2 C.F.R. § 200.1 Pass-through entity.
87 40 C.F.R. § 35.6015(a) Political subdivision
88 2 C.F.R. § 200.1 Simplified acquisition threshold.
89 Section 805 codified at 41 U.S.C. § 134; OMB Memo (M-18-18), available at
https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-18.pdf.
90 2 C.F.R. § 200.1 State. Some hospitals and IHEs as defined by 2 C.F.R. § 200.1 Hospitals and 2 C.F.R. §
200.1 Institutions of Higher Education respectively, may meet the definition of a State.
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Subaward: An award provided by a pass-through entity to a subrecipient for the subrecipient to
carry out part of a federal award received by the pass-through entity. It does not include
payments to a contractor or payments to an individual that is a beneficiary of a federal program.
A subaward may be provided through any form of legal agreement, including an agreement that
the pass-through entity considers a contract.91 In this Guide, the term is used interchangeably
with “subgrant.”
Subrecipient: An NFE that receives a subaward from a pass-through entity to carry out part of a
federal program but does not include an individual that is a beneficiary of such program.92
Uniform Rules: The series of regulations found at 2 C.F.R. Part 200 that establishes Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for federal awards to
NFEs. The Uniform Rules are referred to by several names throughout the remaining portions of
this Guide. Some of the names include standards, requirements, rules, and regulations.
91 2 C.F.R. § 200.1 Subaward.
92 2 C.F.R. § 200.1 Subrecipient.
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