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09/21/2016 Agreement
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR THE COUNTY'S RESILIENT INFRASTRUCTURE PROJECT THIS Contract (The AGREEMENT) made and entered into this 21st day of September, 2016 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 2 -205 Key West Florida, 33040, its successors and assigns hereinafter referred to as the "COUNTY," through the Monroe County Board of County Commissioners (BOCC), the Owner and Parsons Brinkerhoff, Inc. a corporation of the State of New York whose address is 7650 Corporate Center Drive, Suite 300, Miami, FL 33126, its successors and assigns, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the COUNTY benefits economically and environmentally by preparing in advance for sea level rise; and WHEREAS, the COUNTY has completed the GreenKeys Sustainability Action Plan that provides a roadmap of projects to complete to prepare for sea level rise; and WHEREAS, GreenKeys recommends planning and implementing adaptation measures and also building adaptive capacity based on knowledge gained from the vulnerability assessment.; and WHEREAS, the COUNTY received a grant from the Florida Department of Environmental Protection through their Coastal Partnership Initiative program awarded through the University of Florida Seagrant Program as Subcontract No. UFDSP00011337, FL Sea Grant No. PD- 16 -15, and WHEREAS, the CONSULTANT will work with the COUNTY to a conduct a Resilient Infrastructure Assessment of the Bayshore Manor facility to better understand the implications of sea level rise on county facilities; and WHEREAS, the CONSULTANT has a sea level rise expert who will assist the County in conducting this study and making recommendations on policy considerations for county facility design that meets the best needs of the COUNTY. NOW, THEREFORE, in consideration of mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE I REPRESENTATIONS AND WARRANTIES By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: 11 Page 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site(s) and the local conditions where the study is to be conducted. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract conform to the applicable standard of care. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any other of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person based on race, creed, color, national origin, sex, age or any other characteristic or aspect which is not related, in its recruiting, hiring, promoting, terminating, or other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1.1 The CONSULTANT will perform for the COUNTY services as described in Attachment A, Scope of Services, and further detailed in the Subcontract with the University of Florida No. UFDSP00011337, attached as Attachment B. 2.1.2 This CONTRACT is effective on the 21st day of September, 2016 and shall extend through the 30th day of June 2017. Refer to Attachment A -2 for the deliverable schedule. 21 Page 2.2 CORRECTIONS OF ERRORS, OMMISSIONS, DEFICIENCIES 2.2.1 The CONSULTANT shall, without additional compensation, promptly correct errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENTS 2.3.1 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Roman Gastesi, Jr. County Administrator 1100 Simonton Street, Suite 2 -205 Key West, FL 33040 For the Consultant: Mr. Ronald M. Colas, PE, SI Vice President and Senior Area Manager -South Florida Region 7650 Corporate Center Drive, Suite 300 Miami, FL 33126 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and as follows: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 31 Page ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the project including physical location of work, county maintained roads and maps. 4.2 The COUNTY shall designate the Monroe County Sustainability Office to act on the COUNTY'S behalf with respects to the Project. The COUNTY shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANTS services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or nonconformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultants services and the project work. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1.1 The CONSULTANT covenants and agrees to indemnify and hold harmless the COUNTY, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. 5.1.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, 41 Page reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 5.1.3 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.1.4 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: • Project Manager — Michael J Flood, AICP, WSP I Parsons Brinckerhoff s National Resiliency Lead • Technical Advisor — Amir Degany, RA WSP I Parsons Brinckerhoff s Senior Architect Lead • Technical Advisor — Jerry Ramsden, PhD, P.E., WSP I Parsons Brinckerhoffs Coastal Engineering Lead • Technical Advisor — Chris Dorney, WSP I Parsons Brinckerhoffs Climate Change Research Lead • Technical Advisor — Eli Scheker Da Silva, WSP I Parsons Brinckerhoffs Resiliency Economist Lead • Technical Advisor — Erin Deady, PA — An expert in climate change policy development who will perform duties through a sub - consulting agreement with WSP I Parsons Brinkerhoff So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are to be replaced the CONSULTANT shall request such change to the COUNTY immediately. The COUNTY may deny such change if not in the best interest of the COUNTY. ARTICLE VII PAYMENTS 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement, the Total Not to Exceed Amount of Forty Thousand Dollars ($40,000.00). Payment to the CONSULTANT shall be according to the payment schedule included in Exhibit A -2, attached and made a part of the CONTRACT. 51 Page 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, an invoice to the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought that the COUNTY may require. (C) For the performance of the optional additional services and contingent additional services described in Article III of this contract, provided same are first authorized in writing by the COUNTY, the CONSULTANT shall be paid hourly at the rates identified in Exhibit B, or as negotiated. 7.3 REIMBURSABLE EXPENSES 7.3.1 All expenses are included in the Fee and therefore there shall be no additional reimbursable expenses incurred by the CONSULTANT unless authorized by future amendment to this Agreement. 7.4 BUDGET 7.4.1 The CONSULANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October 1- September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act. of the COUNTY'S Board of County Commissioners. ARTICLE VIII INSURANCE 8.1.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 8.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an 61 Page endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.1.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440 Florida Statutes. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability including Personal Injury Liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which they may be reported must extend for a minimum of 48 months following the termination or expiration of this Agreement. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANTS liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. 71 Page H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by including any subsection hereunder. The COUNTY reserves the right to review a copy of such policies upon request. If the CONSULTANT participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 8.2 APPLICABLE LAW This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and that it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provisions of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assignees and legal representatives to the other and to the successors, assigns and legal representatives of such other party. The CONSULTANT shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 81 Page 9.5 TERMINATION A. In the event the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days written notification to the CONSULTANT. B. The County may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS The contract documents consist of the • the Form of Agreement (Articles I -XV), • the documents referred to in the Form of Agreement as a part of this Agreement, including the County's scope of work included in Attachment A. • Payment and Deliverable Schedule included in Attachment A -2. • Subcontract with University of Florida in Attachment B In the event any conflict between any of those Agreement documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), Violation of this section shall result in termination of this Agreement and recovery of all moneys paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit that it or any subconsultant has committed an act defined by Section 287.133, as "public entity crime ", and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. 91 Page CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS A. CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this Agreement. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to County. B. Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the 101 Page duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 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 contract, contact the custodian of public records, Brian Bradley, at (305) 292- 3470 9.9 GOVERNING LAW, VENUE, INTERPERTATION, COST AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue will lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. The County and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and 111Page provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non - prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings, as an award against the non - prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 12jPa -e 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NON DISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 131 Page 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION / PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITY All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 141 Page 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTATION CONSULTANT agrees to execute such documents as the COUNTY may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall okct as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 DISADVANTAGED BUSINESS ENTERPRISE Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds 151 Page under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. REMAINDER OF THIS PAGE PURPOSELY LEFT BLANK 161 Page IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. - rrj ®, BOARD OF COUNTY COMMISSIONERS - 1 o►:,,)K OF MONROE COUNTY, FLORIDA / her•44.5 F. =` s Mayor/Chairmfn h . Date: .. 9/2i lib (Seal) P• ' iii :TOFF, INC. Attest: By: (___ _L-1-1,],,_La&cz,i p N , ki , . __11 WITNESS ", Title: ac\Ce:k Cadra,�-�r- Title: Vice President J N O -. STATE OF FLORIDA _l c_ ;:� COUNTY OF ry)r&Al 1 7,e1�€ �' .: J m On this day of 1, 20th, before me,the undersigned notary public, I Personally appeared t In Cola S , known to me to be the .— Person whose name is subscribed above or who produced As identification, and acknowledged that he/she is the person who executed the above Amendment No. 11 to Engineering and Design agreement with Monroe County for the oses therein contained. By. dd 4Vii•A SUSAN J.NESENMAN N Public IV -- Notary Public •State of Florida x , /� • Commission#FF 232665 (1.MOO c 1 . K) ),31an "'s;,.:� My Comm. Expires Sep 6,2019 Print Name ''^°F f:P. Bonded through National Notary Assn. My commission expires: 3e.f4e_ot.C—" (d Or Seal jV CCUNTv ' ,L-Y ED I-• it 17IPage PE A T C UNTY ATTO EY Date 1 o/Z1�l ATTACHMENT A - SCOPE OF WORK Proiect Introduction: This CONSULTANT will work the COUNTY to conduct a vulnerability assessment of an important community asset in the Monroe County area, assessing the risk of sea level rise and is an extension of the work ongoing under the GreenKeys plan. This work by the CONSULTANT will include the identification of risk and loss for one asset, Bayshore Manor Assisted Living Facility, as a means of developing a method for the COUNTY to quantify potential losses for various important assets in the keys exacerbated by sea level rise. This method is being developed to facilitate later dialogue which will be focused on developing methods to prioritize assets to be considered for protection across all COUNTY controlled or influenced asset types. The project objective will be to develop a method for the COUNTY by which existing and future risks to important community facilities may be quantified and to develop strategies to address those risks, as it is a process which is not well represented currently in many /most flood risk assessments. This work would build upon previous work done by the COUNTY through their GreenKeys program to characterize infrastructure vulnerability under various sea level rise scenarios. This work by the CONSULTANT is to include the definition of the value of community service and use as a means of facilitating later dialogues on how to prioritize improvements under government control in coastal areas. The CONSULTANT scope of work outlined below is described below. The process defines vulnerabilities from two perspectives. The first is defining specific elements of facilities which can be impacted while flooding, the second in defining the expected flooding levels that may impact that facility exacerbated by future sea level rise. The CONSULTANT work scope for this project is limited to the development and review of existing resources available to complete the identified tasks below. TASK 1— PROJECT MANAGEMENT AND COORDINATION This task includes the coordination between the CONSULTANT and the COUNTY required to convene agency representatives to define the specific elements of the building, define a method to estimate future SLR/surge impacts and develop an understanding of the potential long term impacts. The project coordination will include: 1. Coordination calls between the CONSULTANT and the COUNTY to discuss data resources and collection activities required for the project 2. An initial meeting (via webinar) between the CONSULTANT and the COUNTY to introduce the project and discuss the scope of the project. At this meeting the initial list of data needs will be identified to include: a. Architectural plans of the facility 181Page b. Available spatial data defining the extent and depths of anticipated flooding by return period (FEMA) c. Available SLR data for the area d. Establishment of the project timeframe 3. A meeting (via webinar) between the CONSULTANT and the COUNTY to summarize the findings from the asset vulnerability definition task (task 2) and flood analysis (task 3) 4. A webinar meeting between the CONSULTANT and the COUNTY to conclude the project research effort and an in- person presentation to the BOCC on project findings It is anticipated that a team of professionals made up of engineering, health and sustainability staff departments within the COUNTY will be convened for the purpose of discussing this project. The dialogue for this meeting will also include establishing the analysis timeframe for the project. Establishing this value will be important to the quantification of potential costs of impacts and also the benefits of any identified strategy. TASK 2 — ASSET VULNERABILITY DEFINITION The purpose of this task effort is to define the facility assessment by defining the implications of flooding causing damage to a facility. A facilitated one -half day dialogue between COUNTY officials, facility operations staff, health, sustainability staff and the CONSULANT engineering team members will be held via webinar, with a minimum of one member of the CONSULTANT team attending in person, to define the planning level parameters of impact that are critical to any facility assessment. Those parameters would include: • Failure points — that is the water elevations that could cause minor, significant, or catastrophic loss of a facility. Each failure point, will include an estimate of: o Rough estimate for cost of repair • Time of outage, loss of service • Other impacted community infrastructure serving facility (energy, water, etc.) • Community impacts (number of residents / commercial interest impacted) • Potential adaptation strategies — identification of set of limited potential design strategies that could reduce or eliminate damage to the facility. This will not include development of designs, just the documentation of what those strategies may be. These strategies based on collective knowledge and summarized and will be defined in terms o£ o Type, and level of protection afforded - benefits and drawbacks • Policy implications, including but not limited to, level of service and design standards • Expected cost and funding strategies Timeline: Within 2 months of project initiation 191 Page Deliverables: 1. Completion of the webinar / in- person coordination meeting between the CONSULTANT and COUNTY, including meeting minutes 2. Submittal of the Short Memorandum by the CONSULTANT to the COUNTY of Findings and Potential Policy Issues TASK 3 — FLOODING /SURGE DEFINITION This task will utilize information already generated in earlier studies, including the County's GreenKeys Plan, to identify the potential tidal conditions and surge effects (wave zone vs still or tidal water) expected at the facility. These values will be taken from studies completed by the COUNTY to identify expected levels for existing surge (FEMA) as well as tidal water elevation levels including contributions from expected sea level rise in the area. No additional modeling or research will be conducted by the CONSULTANT for this task. This effort will include the definition by the CONSULTANT of timeframes expected for sea level rise, based on various climate scenarios tied to the Southeast Regional Climate Compact and the GreenKeys Plan. The outcome of this effort will be a table of values for flood levels at the facility, including current return periods and return periods estimated for selected future years. Timeline: Within 3 months of project initiation Deliverable: 1. Completion of data collection and coordination meeting on data resources 2. Delivery of an in- person presentation / staff briefing on findings of this analysis TASK 4 — DEFINE CONSEQUENCE COSTS OF DAMAGE/LOSS Task 4 will utilize Information generated by the COUNTY and CONSULTANT in tasks 1 and 2 above to develop an understanding of potential damage /loss to the facility over the project time period (defined in task 2) from coastal flooding, expressed in 2016 dollars. This effort will include the application of economic factors to define broader community impacts of loss of the facility. The results of this sub -task will include a present value of loss of the facility developed by the CONSULTANT, and the identification of various factors to be applied in generating the quantification of potential loss over time and an analysis of adaptation versus relocation strategies. A measure of the relative cost effectiveness of those options identified in task 2 will also be identified, expressed in terms of net present value — to identify how potential investments may benefit the project. 201 Page Also for this task - a short methodology will be prepared by the CONSULTANT outlining a policy analysis of the implications for other County buildings and facilities for use with future building - specific vulnerability analyses. A draft final report to the Of F will be prepared, using the forms and format specified in the grant to the COUNTY, attached as Attachment B to this CONTRACT. Timeline: Within 6 months of project initiation Deliverables: 1. The development of a spreadsheet model which estimates losses overtime in today's dollars 2. Preparation of a memorandum on policy implications for other county buildings and facilities 3. Material to present to a BOCC meeting and in- person attendance at the BOCC meeting. PROJECT TEAM CONSULTANT will assign the following professionals to this project: • Project Manager — Michael J Flood, AICP, WSP I Parsons Brinckerhoff s National Resiliency Lead • Technical Advisor — Amir Degany, RA WSP I Parsons Brinckerhoffs Senior Architect Lead • Technical Advisor — Jerry Ramsden, PhD, P.E., WSP I Parsons Brinckerhoffs Coastal Engineering Lead • Technical Advisor — Chris Dorney, WSP I Parsons Brinckerhoffs Climate Change Research Lead • Technical Advisor — Eli Scheker Da Silva, WSP I Parsons Brinckerhoffs Resiliency Economist Lead • Technical Advisor — Erin Deady, PA — An expert in climate change policy development who will perform duties through a sub - consulting agreement with WSP I Parsons Brinkerhoff FEES The table in Exhibit A -2 identifies the deliverables for this work, the schedule for completion and the task costs estimated for this work effort. ASSUMPTIONS • The project effort in tasks 2 and 3 are reliant on information that would be provided directly by the COUNTY and CONSULTANT'S subconsultant 211 Page Exhibit A -2- Task and Deliverables Breakdown Tasks I Deliverables Dates I WSP PB ELD PA Budget M 1.0 Project Management and Coordination Project Coordination Calls Hold Initial Coordination Meeting First Milestone Meeting Second Milestone Meeting & BOCC Presentation 2.0 Asset Vulnerability Definition Conduct of Professional Staff Coordination Mtg Development of Summary Material Outline Policy Implications of Design Standards and Funding Options 3,0 Flooding /Surge Definition Complete Coordination with County Staff and Research Agencies Development of Summary Memorandum on Research 4.0 Define Cosequence Costs of Damage /Loss Develop Economic Loss Spreadsheet for Estimating Loss Prepare a Short Memorandum on Findings and Policy Recommendations Prepare a Grant Report for the U of Florida Grant Program Ongoing 9/30/2016 11/15/2016 2/30/2017 9/30/16 10/30/16 11/20/16 11/10/16 11/20/16 12/30/16 1/20/17 2/16/17 $ 2,484.06 $ 4,247.94 $ 3,938.50 $ 3,683.14 $ 3,670.56 $ 2,812.00 $ 1,242.03 $ 1,446.78 $ 1,761.03 $ 1,759.08 $ 2,326.35 $ 628.50 $ 1,000.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 1,000.00 $ 500.00 $ 1,000.00 $ 1,000.00 $3,484 $4,748 $4,438 $4,683 $4,671 $3,812 $2,242 .o: $1,947 $2,761 $2,259 $3,326 $1,629 TOTAL $30,000 $10,000 $40,000 221Page ATTACHMENT B SUBCONTRACT WITH UNIVERSITY OF FLORIDA URDSP00011337 231 Page ATTACHMENT B Subcontract by and between University of Florida and the Monroe County Board of County Commission Subcontract Number: UFDSP00011337 FI Sea Grant No:PD -16 -15 This cost reimbursable Subcontract is entered into by and between the Monroe County Board of County Commission, hereafter referred to as "SUBCONTRACTOR ", with offices at 1100 Simonton Street, The Gato Building Room 2 -205, Key West, FL 33040 and the University of Florida Board of Trustees, hereafter referred to as "FLORIDA ", with offices at the Division of Sponsored Programs, 219 Grinter Hall, Gainesville, FL 32611. WHEREAS, this Subcontract specifies the terms and conditions under which SUBCONTRACTOR will participate in FLORIDA's project entitled Resilient Infrastructure Assessment being funded by the US DEPT OF COMMERCE, hereafter referred to as "FUNDING AGENCY ", under contract number NA140AR4170108, hereafter referred to as "PRIME AWARD "; WHEREAS, FLORIDA under the PRIME AWARD has all the necessary approvals and authority to enter into this Subcontract; WHEREAS, It is understood this is a subcontract under the OF prime award from National Ocean Atmospheric Administration (NOAH) Award number NA14OAR4170108, and any communications or request regarding this agreement shall be submitted to the OF Project Director NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, FLORIDA and SUBCONTRACTOR agree as follows: STATEMENT OF WORK 1. SUBCONTRACTOR agrees to perform the work as set forth in Attachment 1. 2. In addition to the specific work described hereunder, SUBCONTRACTOR's Project Director agrees to maintain a close liaison with the FLORIDA's Project Director throughout the performance of this Subcontract. PERIOD OF PERFORMANCE SUBCONTRACTOR may begin activities called for by Attachment 1, on 07/01/2016 with activities ending on 06/30/2017, unless extended by written amendment to this Subcontract or terminated sooner following the termination provisions set forth below. No costs outside the period of performance will be paid from this subcontract. PROJECT DIRECTORS 1. The following individuals have the responsibility of monitoring the technical, scientific, programmatic and administrative aspects of this Subcontract. FLORIDA Project Director is as follows: Karl Havens, Ph.D., Director FI Sea Grant College Program University of Florida PO BOX 110400 Gainesville, FL 32611 -0400 Telephone: (352) 392 -5870 Email: khavens @ufl.edu SUBCONTRACTOR Project Director is as follows: Rhonda Haag Director Sustainability and Projects 102050 Overseas Highway, Ste. 246 Key Largo„ FL 33037 Telephone: 305-4 53-8774 Email: Haag - Rhonda @MonroeCounty -FL. Gov 2. SUBCONTRACTOR Project Director is essential to the SUBCONTRACTOR work being performed and no change to SUBCONTRACTOR Project Director may be made without written approval of FLORIDA. Such request shall be made to the FLORIDA Administrative Officer. If a suitable replacement cannot be agreed upon, FLORIDA may terminate this agreement with 30 -days written notice. ADMINISTRATIVE NOTICES Notices required in connection with the administration of this Subcontract shall be delivered to respective Administrative Office as follows: FLORIDA Administrative Officer is as follows: Edwin Harvey, CPA Assistant Director Fl Sea Grant College Program University of Florida PO BOX 110400 Gainesville, FL 32611 -0400 Telephone: (352) 392 -5870 Email: eih(&-ufl.edu SUBCONTRACTOR Administrative Officer is as follows: Elaine Ferda Executive Assistant Monroe County Administrator's Office 1100 Simonton St., 2nd Floor, R 2 -205 Key West, FL 33040 Telephone: 305-2 92-4441 Email: Ferda- Elaine @MonroeCounty- FI.Gov REPORTING REQUIREMENTS 1. SUBCONTRACTOR is required to submit one (1) original of the following report(s) to FLORIDA Project Director: Report Type Due No Later than Monthly Progress Report NA Quarterly Progress Report NA Annual Progress Report NA Final Progress Report 45 days from Subcontract end date 2. These narrative reports should provide an assessment of what has been accomplished during the reporting period with the final report covering the entire Subcontract period. 3. Payments shall be withheld until the required reports have been received and approved by FLORIDA Project Director. DTI= 3>Q��1 Neither party shall use the name of the other party or of any investigator in any advertising or promotional material without the prior written approval of the other. PUBLICATIONS 1. The SUBCONTRACTOR may disseminate research results developed under this Subcontract. SUBCONTRACTOR shall provide FLORIDA Project Director a copy of every publication based on or developed under this subcontract 30 -days in advance of publication. ALLOCATION OF FUNDS and PAYMENT 1. Funds provided for SUBCONTRACTOR involvement in this project shall be on a cost reimbursable basis not to exceed $14,988.77. Cost Sharing shall be in the amount of $14,988.78 The budget for which FLORIDA has based this support is detailed in Attachment 2. 2. SUBCONTRACTOR shall submit invoices to FLORIDA for costs incurred on a quarterly basis. 3. All Invoices shall be submitted at a line item detail equal to the detailed budget in Attachment 2. Subcontractor invoice must include Attachment 3 and Attachment 4 to be considered a properly completed invoice. 4. SUBCONTRACTOR shall submit the final invoice no later than forty-five (45) days from the end date of this Subcontract. 5. SUBCONTRACTOR Invoices must reference the following subcontract numbers; Project No: 00113890 Subcontract No: UFDSP00011337 FI Sea Grant No PD -16 -15 And be remitted to the following address: If by mail or overnight delivery send to: University of Florida Subcontract Manager Contracts and Grants Accounting Services 123 Grinter Hall PO Box 113001 Gainesville, FL 32611 -3001 Phone: 352 - 273 -3486 Fax: 352 -846 -0137 If by email send to: Subcontract- manager(a.. ufl. edu 6. At anytime FLORIDA may request additional documentation to support charges on the invoice. 7. SUBCONTRACTOR shall, if necessary and upon request, provide expenditure documentation in detail sufficient for a proper pre and post audit thereof. 8. All travel expenses to be reimbursed under this subcontract shall be in accordance with Florida Statutes Section 112.061, with the exception that non -State of Florida personnel performing travel under a sponsored research subcontract may be reimbursed for travel expenses in accordance with the provisions of the prime award and the travel allowances established by the SUBCONTRACTOR. 9. FLORIDA's obligation to pay under this subcontract is contingent upon an annual appropriation by the Legislature and the obligation of funds by the prime funding agency. ALLOWABLE COSTS 1. SUBCONTRACTOR may request reimbursement for only those allowable, allocable and reasonable costs for the work performed under this Subcontract, as determined by, and in prevailing order of the following: (1) the Subcontract Conditions, and (2) the PRIME AWARD, attached hereto as Attachment 5. INTELLECTUAL PROPERTY 1. SUBCONTRACTOR, by signing this Subcontract agrees to be bound by the PRIME AWARD terms and conditions that govern Intellectual Property Rights, to the same extent as FLORIDA is bound. 2. SUBCONTRACTOR agrees to provide a copy of any intellectual property disclosures (invention disclosure) and/or reports required of the PRIME AWARD to the FLORIDA Office of Technology Licensing. 3. Any questions regarding the proper interpretation of a specific clause incorporated herein should be referred to the FLORIDA Administrative Contact. ACCESS TO RECORDS. SITE VISITS. RECORD RETENTION With reasonable notice given, SUBCONTRACTOR will allow FLORIDA, or any of their duly authorized representative's access to any SUBCONTRACTOR books, documents, papers and records which are directly pertinent to the performance of this Subcontract for audit purposes during the period of the Subcontract and for a period of 3 -years following final payment made under this Subcontract, CONVICTED VENDOR LIST A person or affiliate who has been placed on the convicted vendor list by the Department of Management Services, State of Florida, may not submit a bid on a contract to provide any goods or services, including construction, repairs, or leases and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant for the University of Florida for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. http: / /dms.myflorida.com /business operations /state purchasing /vendor information /convicted suspe nded discriminatory complaints vendor lists /convicted vendor list DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity (Florida Statutes, Section 287.134). http: / /www.dms.myflorida.com /business operations /state purchasing /vendor information /convicted suspended discriminatory complaints vendor lists /discriminatory vendor list PRIME AWARD REGULATORY DATA 1. All applicable administrative rules and regulations, terms and conditions of the PRIME AWARD, attached hereto as Attachment 5, shall become binding upon SUBCONTRACTOR. 2. SUBCONTRACTOR assumes sole responsibility for reimbursement to FLORIDA, a sum of money equivalent to the amount of any payment disallowed in the case of a firm fixed price subcontract or disallowed expenditures in the case of a cost reimbursable subcontract should the FUNDING AGENCY or an authorized agency rule through audit exception, or some other appropriate means, that payments made to SUBCONTRACTOR through FLORIDA were not made in compliance with the regulations of the FUNDING AGENCY or the provisions of this Subcontract. 3. In the event of any inconsistencies between or among the provisions set forth by this Subcontract, the inconsistency shall be resolved by giving precedence in the following order: (1) the Subcontract Conditions, (2) the PRIME AWARD Conditions. �tlT- li�it� To the full extent allowed by law, each party hereto agrees to be responsible and to assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees in the performance under this Subcontract. TERMINATION tt71 1. If FLORIDA's funding should be terminated during the performance of this Subcontract, or should the funding for support be deleted or reduced, FLORIDA may in written notice to SUBCONTRACTOR terminate this Subcontract upon reasonable notice consistent with the termination of PRIME AWARD. 2. FLORIDA shall reserve the right to unilaterally cancel the Subcontract should SUBCONTRACTOR refuse to allow public access to all documents, papers, letters, or other material subject to the provisions of Florida Statute Chapter 119, and made or received by SUBCONTRACTOR in conjunction with the Subcontract. An exemption is granted to exclude proprietary or confidential information, personnel records of an evaluative nature, and any legally privileged information. http: / /www. leg. state .fl.us /Statutes /index.cfm ?App mode =Display Statute &URL= Ch0119 /ch0119.htm 3. FLORIDA shall consider the employment by the SUBCONTRACTOR of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Subcontract. 4. Either party may terminate this Subcontract at any time, for any reason other than stated, upon no less than thirty (30) day's upon receipt of written notice to the other parties Administrative Officer. Termination for Breach 1. FLORIDA will provide written notice of intent to terminate for breach to the SUBCONTRACTOR Administrative Officer no less than fifteen (15) days in advance of termination date and will state provisions it considers breached. 2. Unless SUBCONTRACTOR breach is excused FLORIDA may, by written notice of breach to SUBCONTRACTOR, terminate the whole or any part of this Subcontract if SUBCONTRACTOR fails to provide Services called for by this Subcontract within the time specified herein or any extension thereof. Termination shall be upon no less than twenty -four (24) hours' notice in writing and delivered to the appropriate Administrative Officer of the other Party. SUBCONTRACTOR shall continue the performance of the non - disputed portions of the Subcontract to the extent not terminated under the provisions of this clause. 3. Waiver of breach or any provisions of the Subcontract shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Subcontract. Termination Agreement After receipt of a notice of termination, and except as otherwise directed, SUBCONTRACTOR shall: 1. Stop work under the Subcontract on the date, and to the extent specified in the notice of termination. 2. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such work under the Subcontract as is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work which was terminated. 4. Handle all property purchased under this Subcontract in accordance with the terms of the Prime Award. 5. Prepare all necessary reports and documents required under the terms of the Subcontract up to the date of termination, including the final report due at the end of the project, if any, without payment for services rendered in completing said reports beyond termination if said reports are not completed prior to termination date. 6. In the event of termination, SUBCONTRACTOR will be reimbursed for all costs properly incurred and any non - cancelable obligations properly incurred through the effective date of termination. INDEPENDENT CONTRACTOR For the purpose of this Subcontract and all work and services specified herein, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. COMPLIANCE WITH THE LAW The parties to this Subcontract shall comply with all applicable federal, state, local laws and regulations and nothing in this Subcontract shall be construed to require either party to violate such provisions of law. MODIFICATION OF SUBCONTRACT This Subcontract may only be changed or modified by an amendment executed in the same fashion as the original. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives: Mon a County Board of County Commission Ab"rikdd Officer eb 11Q Alt amv) t hwwor_ f Name University (If FiffiplAigned by Brian Prindle DN: cn =Brian Prindle, o= University of Brian Prindl Florida, ou= Division of Sponsored Programs, email= prindle @ufl.edu, c =US Author'szad Signature 613:21:54- 05'00' T l p j Brian Prindle, Associate Director Name 11/16/16 Date Tax ID# HEAVILIN, CLEI2n Date ATTACHMENT 1 424 RECEIVED A. TITLE PAGE OC 3 0 2015 Project Title: Resilient Infrastructure Assessment trl.. �+t�$( CPI Initiative Priority Area(s): Resilient Commundla Applicant Name and Name of Partner Entity (if applicable): a Rhon Official Contact Name: Rhonda Haas _ Title: Susta*nability Director Phone/Fax: (305} 453 -8774 Email Address: HKL Rhon6@MonroeCounly - FL Gov Postal Address: 102050 Overseas Highway, Ste. 246 Key Largq, FL 33W7 Applicant DUNS Number: 0738 ?6757 Proposed Project Manager Name: Rhonda Haas Email: Haag- Rhonda _ Monroceounty- FL.Gov Certification Stattgnent "By signing this tide page, the undersigned certifies that: a. This application is in all respects fair and submitted in good faith without collusion or fraud; b. If selected through this application process, the recipient will work in good faith and in partnership with the Florida Coastal Management Program to manage its subgrant in a timely and accurate manner; c. Any funds awarded as a result of this application process will not be used to supplant or replace any state or local funds; d. Any funds awarded as a result of this application process will not be used as matching funds to apply for or receive other federal funds; e. No federal funds will be used as thatch for funds awarded as a result of this application process; f The applicant local government's adopted comprehensive plan has been found to be in compliance with Chapter 163, Part 11, F.S.; g. [If construction is proposed] The applicant has conducted preliminary consultation with appropriate federal, state, regional and local regulatory agencies regarding any construction proposed in the application and has documented the results of the consultation in the Project Description section of the Work Plan; h. [If construction projects, habitat restoration or invasive species removal are proposed] The property on which these activities will take place is owned or leased by the applicant or the applicant holds a suftict easement; and f i. u d full authority to bind the applicant." . ignatnre Name & Title Date If applicant is a Florida college, community college, state university, regional planning council, national estuary program or non - profit group, include the signature, name, and title of contact for partnering entity,, the name of the eligible county or city partner; and the date. Signature of Partner Name & Title County or City Partner Entity Date Form 6254 004, FAC, Effective 9 2 B. PROJECT LOCATION MAP Include a project location map no larger than 8' /s" x NOTE: The maximum number of points for scored application components is indicated in each section. Form 62S- 4.004, FAC, Effective 912110 (10 pts.)* C. WORK PLAN (Expand text boxes as needed, keeping within the 10 -page Work Plan limit) This section describes the project and cannot exceed 10 single sided pages or 5 double sided pages. If letters of support or other materials are submitted to address the Work Plan components below, these items will count toward the maximum 10 pages of the application Work Plan, any additional pages or Appendices will be discarded and not considered in the evaluation of the application. The Title Page, Location Map, Budget and Budget Narrative do not count toward the 10 -page limit of the Work Play 1. PROJECT DESCRIPTION. a. Describe in detail the activity or work to be conducted, include project location information. (15 pts.) This work will be to conduct a vulnerability assessment of an impmtw community asset in the Monroe County area This work will include the identification of risk and loss for one asset, Bayshore Manor Assisted Living Facility, as a means of developing a method to quantify potential losses for various important assets in the keys exacerbated by sea level rise. This method is being developed to facilitate later dialogue which will be focused on developing methods to prioritize assets to be considered for protection across all county controlled or influenced asset types. b. Describe specific project objectives, tasks, and deliverables and related timelines for each. Objectives and tasks should clearly relate to the project description. The project objective will be to develop a method by which existing and future risks to important community facilities may be quantified and strategies to address those risks, as it is a process which is not well represented currently in many /most flood risk assessments. This work would build upon previous work done by the County to characterize infrastructure vulnerability under various sea level rise scenarios. This work is to include the definition of the value of community service and use as a means of facilitating later dialogues on how to prioritize improvements under government control in coastal areas. The scope of work outlined below is described in the figure below. The process defines vulnerabilities from two perspectives. The fast is defining specific elements of facilities which can be impacted while flooding, the second in defining the expected flooding levels that may impact that facility exacerbated by future sea level rise. Task 1 —Team Coordination Monroe County is involved in the management of this facility. To enable the dialogue or risk to the facility, a team of professionals made up of engineering staff from various departments will be convened for the purpose of discussing this project. The intent of the initial meeting is to discuss the proposed work scope for the project and identify an appropriate facility to use for this effort. The team will conduct a peer review of an assessment methodology developed on other projects and recommended for application within the county. Changes to that methodology will be incorporated into subsequent project tasks. This methodology will be discussed and the approach to developing an understanding of the implications of loss of the facility developed. The dialogue for this meeting will also include establishing the analysis timeframe for the project. Typical options for this type of assessment include longer term planning horizons, in the 50 to 100 year timeframe. Establishing this value will be important to the quantification of potential costs of impacts and also the benefits of any identified strategy. Timeline: Within one month of project initiation Deliverable: Meeting minutes documenting dialogue and decisions Form 62S- 4.004, FAC, Effective 912110 Task 2 — Asset Vulnerability Definition The facility assessment will be focused on understanding the implications of flooding on causing damage to a facility including sea level rise assumptions. A facilitated on -site dialogue between county officials, facility operations staff, and engineering team members will be held to define the planning level parameters of impact that are critical to any facility assessment. Those parameters would include: - Failure points — that is the water elevations that could cause minor, significant, or catastrophic loss of a facility. Defining these values critical to establishing the understanding of the facility and enabling a vulnerability assessment. Each failure point, will include an estimate of -Cost of repair, relocation or adaptation -Time of outage, loss of service - Community impacts (number of residents / commercial interest impacted) Timeline: Within 2 months of project initiation Deliverable: Documentation of specific facility information required to define loss and failure. To include a short memorandum and drawings, if available. Task 3 — Flooding/Surge Definition Any vulnerability assessment requires the quantification of what may happen at a facility, in terms of flooding. This task will utilize information already generated in earlier studies, including the County's GreenKeys Plan, to identify the water levels and surge type (wave zone vs still water) expected at the facility. These values will be taken from completed studies to identify expected levels for existing surge (FEMA) as well as water elevation levels including contributions from expected sea level rise in the area. This effort will not include the development of new surge models (an effort greater than resources available for this grant) but will instead build upon the vulnerability assessment already conducted by the County. This effort will include the definition of timeframes expected for sea level rise, based on various climate scenarios tied to the Southeast Regional Climate Compact and the GreenKeys Plan. The outcome of this effort will be a table of values for flood levels at the facility, including current return periods and return periods estimated for selected future years. Timeline: Within 3 months of project initiation Deliverable: Documentation of identified surge levels, including assumptions for increased surge levels from sea level rise. Task 4 — Define Consequence Costs of DamagetLoss Information generated in tasks 1 and 2 above will be combined to develop an understanding of potential damage/loss to the facility and adaptation or relocation of the facility over the project time period. This effort will include the application of economic factors to define broader community impacts of loss of the facility. The results of this task will include a present value of loss of the facility, and the identification of various factors to be applied in generating the quantification of potential loss over time and an analysis of adaptation versus relocation strategies. Timeline: Within 6 months of project initiation Deliverable: Methodology summary describing method for quantifying potential loss/damage over time using econometric values. 2. PROJECT NEED AND BENEFIT. a. Explain the demonstrated need, w hich the project addresses. Monroe County is finalizing its GreenKeys Plan which has identified long -term risks to the community. An outcome of that work was an identified need to conduct further assessments on critical community facilities Forth 623 - 4.004, FAC, Effective 912110 at a more finite level and develop adaptation strategies to address those long -term risks. Sea level rise will be observed over the timeframe of study— but the risks to facilities will be increasing due to higher water levels impacted by storm events in the area. A dialogue on that risk is needed. Recent lessons in storm flooded areas (NY, Charleston) show that the loss of community facilities limits the ability of a community to respond and recover quickly, contributing to long term economic loss for a community. The effect on facilities from event-driven impacts will be exacerbated by increasing nuisance and inundation flooding over time as well as increased surge. Monroe County would like to address this concern and needs to develop a process by which loss of a facility may be quantified in terms of the damage to a facility but also the cost of loss of the facility to a community. The project will include a cost benefit estimate of employing strategies to either adapt the facility or relocate the facility based on future projected impacts. The methodology developed here will be carried forward to assess other facilities as a means of developing a pr ocess for p rio rit i zi ng actions to ensure a more resilient future across the Florida Kew. b. Explain how the p roposed project meets the of at least one CPI priority area 10 ts. CPI priority area "Resilient Communities" is focused on helping coastal communities prepare for and respond to the effects of sea level rise and climate change. This grant application is directly applicable for that purpose as it will help not only the Florida Keys community but also other coastal Florida communities through the development of a methodology that will be applicable elsewhere. c. Discuss the extent to which the project will improve the management and protection of coastal resources. This project fills a need for defining existing and long term risks to critical community facilities as conditions change with increased event- driven impacts exacerbated by climate change. Considerations of the consequences of loss and adaptation are required as a means of identifying investment strategies for improving community resiliency. Developing knowledge which considers the implications of loss across an entire community and its assets is the first step in developing effective management practices for response and adaptation. d. Discuss how project is feasible and can be completed within one year. 10 Pts. The project is feasible as it utilizes methods employed elsewhere in the county. As this work is focused solely on one facility as a means to develop this methodology, it is felt this work can be accomplished comfortably within 6 months. Form 62S- 4.004, FAC, Effective 912110 BUDGET and BUDGET NARRATIVE (15 Pts.) Type dollar amounts only in applicable categories (round to nearest dollar, no cents) and leave other categories blank A recipient will be required to provide 100% (1:1) matching funds, cash or in -kind. No more than one -half (50 %) of match can be provided by a third party. Badoet Cate4ory FCMP Fand„� MATC Farads 1. Salaries $4.943.19 $4.943.19 2. Fringe Benefits $9.085.58 $ 9.085.58 3. Travel $%0.00 $960.00 4. Equipment 5. Supplies 6. Contractual Services 7. Other Expenses 8. Indirect Charges FCMP Total $14.988.77 Match Total $14,988.78 Total FCMP & Match Funds $29.977.55 If budget exceeds the amount shown on the "Total' line above, indicate the total project cost: $ BUDGET NARRATIVE: Describe line items for each applicable budget category shown above. Provide sufficient detail to show cost relationship to project activities for both FCMP and match items. Indirect costs are not allowed as match. Total FCMP Funds Requested $14.988.77 Salaries: As shown in the hours and budget estimate in Attachment 1. To pay for labor hours for the consultant to complete the work for the county. The requested funds will cover 1 /2 of costs incurred. Fringe Benefits: As shown in the attached budget summary. To include corporate overhead and fee for consultant work on the project. The requested funds will cover 'A of costs incurred. Travel: To cover funds for the consultants to travel to identified project meetings. The requested funds will cover A of costs incurred. Equipment: Supplies: Contractual Services: 6 Fomt 62S- 4.004, FAC, Effective 912110 Other Expenses: Indirect Charges: Total Match Funds: S14,988.77 Salaries: As shown in the hours and budget estimate in Attachment 1. To pay for labor hours for the consultant to complete the work for the county. The match funds will cover'/: of costs incurred. Fringe Benefits: As shown in the attached budget summary. To include corporate overhead and fee for consultant work on the project. The match. funds will cover % of costs incurred Travel: To cover funds for the consultants to travel to identified project meetings. The match funds will cover Y2 of costs incurred Equipment: Supplies: Contractual Services: Other Expenses: NOTE: Project costs will be evaluated for reasonability, and the application is eligible for up to 10 points based on the evaluation of costs. Form 62S4.004, FAC, Effecdve 912110 oat Estimate - Parsons BrinckerhofF - Attachment 1 e PERSONNEL CATEGORIES I MANHOURS $ 000.00 Architect Coastal En near Climate / Spatial Economist Poliq arM Summary Dregany Ramadan Domey Da Sow Deady/Evens nood Coordirra8an [LOADED 4 0 8 0 8 1 t Vulnerabllly Deflnitlan 12 0 4 0 1 ding/Surge Definition 0 12 8 0 re Consequence Costs of Damage/Loss 4 12 16 18 18 B 1 urs 20 28 2B 38 18 16 FIXED HOURLY RATE $ 30929 $ 207.68 $ 173.77 S 154.98 $ 89.54 $ 250.0 IRECT LABOR COST 86, 185.70 $5,815.18 $4.885.58 $5,579.391 $1,811.70 54,000.00 526,057.56 Dked Costs Flights (round trip) Lodging (hotel nights) Ground Transportation (days) Meals Toter Offuct costs Project Total (Labor + Direct Costs) Quantity 2 4 4 8 unit cost $400.00 $150.00 $80.00 $25.00 $ 600.00 $ 000.00 $ 320.0 — $ MOO $ 1,920.0 $ 29,977.56 FLORIDA COASTAL MANAGEMENT PROGRAM, Coastal Partnership Initiative FY 2016 -2017 GRANT APPLICATION SCORE SHEET Evaluator's Name: Ana Griefen, / DEP, Florida Coastal Office / CAMA ADDiication Tide: Resilient Infrastructure Assessment Required Information for All Applications [All grant applications are checked for these requirements] • Signed and complete Title Page • Location Map • Work Plan • Budget Page Application Criteria Max Possible Points Your Score Location Map: The project location is clearly depicted on a map. 10 10 Project Description: The project description is clearly presented. 15 10 Project objectives, tasks, deliverables and timelines clearly relate to the project description. 20 17 Project Need and Benefit: There is a demonstrated need, which the project addresses. 25 23 The proposed project meets the purpose of at least one CPI priority area. 10 10 Applicant demonstrates how the pro 'ect berie£ns or Improves coastal resource management. 25 20 The project is feasible and can be completed within one year. 10 9 Budget: Budget and budget narrative clearly show how FCMP funds and match funds will be expended in accordance with 625- 4.004(2)(d), FAC, and demonstrate a cost relationship to project activities. 1 S 15 Project costs are reasonable. 10 Total Maximum Points Possible 140 1 —OLI 124 Notes: FLORIDA COASTAL MANAGEMENT PROGRAM, Coastal Partnership Initiative FY 2016 -2017 GRANT APPLICATION SCORE SHEET Required Information for All Applications [All grant applications are checked for these requirements] • Signed and complete Title Page • Location Map • Work Plan • Budget Page Application Criteria Max Possible Points Your Score Location Map: The project location is clearly depicted on a map. 10 8 Project Description. The project description is clearly resented. 15 13 Project objectives, tasks, deliverables and timelines clearly relate to the project description. 20 18 Project Need and Benefit: There is a demonstrated need, which the project addresses. 25 22 The proposed project meets the purpose of at least one CPI priority area. 10 8 Applicant demonstrates how the project benefits or improves coastal resource management. 25 21 The project is feasible and can be completed within one year, 10 8 Budget: Budget and budget narrative clearly show how FCMP funds and match funds will be expended in accordance with 62S- 4.004(2)(d), FAC, and demonstrate a cost relationship to project activities. 15 13 Project costs are reasonable. 10 7 Total Maximum Points Possible 140 118 Notes FLORIDA COASTAL MANAGEMENT PROGRAM, Coastal Partnership Initiative FY 2016 -2017 GRANT APPL lG4 TION SCORE SHEET Sean Reiss. / Florida Denartmeot of Economic Required Information for All Applications [All grant applications are checked for these requirements] • Signed and complete Title Page • Location Map • Work Plan • Budget Page Application Criteria Max Possible Points Your Score Location Map: The proj ed location is clearly depicted on a map. 10 7 Project Description: The project description is clearly presented. 15 14 Project objectives, tasks, deliverables and timelines clearly relate to the ect description. 20 19 Project Need and Benefit: There is a demonstrated need, which the ect addresses. 25 22 The Proposed project meets the purpose of at least one CPI priority area 10 9 Applicant demonstrates how the project benefits or improves coastal resource management. 25 22 The project is feasible and can be completed within one year, 10 8 Budget: Budget and budget narrative clearly show how FCMP funds and match funds will be expended in accordance with 62S- 4.004(2Xd), FAC, and demonstrate a cost relationship to project activities. 15 13 Project costs are reasonable. 10 7 Total Maximum Points Possible 140 121 Notes: FLORIDA COASTAL MANAGEMENT PROGRAM, Coastal Partnership Initiative FY 2016 -2017 GRANTAPPLICA TION SCORE SHEET Deena Woodward. / Florida Department of State Required Information for All Applications [All grant applications are checked for these requirements] • Signed and complete Title Page • Location Map • Work Plan * Budget Page Application Criteria Max Possible Points Your Spore Location Map: The project location is clearly depicted on a map. 10 9 Project Description: The project description is clearly presentedL 15 15 Project objectives, tasks, deliverables and timelines clear relate to the project description. 20 20 Project Need and Benefit: There is a demonstrated need, which the project addresses. 25 25 The proposed project meets the purpose of at least one CPI priority area. 10 l0 Applicant demonstrates how the project benefits or improves coastal resource management. 25 15 The project is feasible and can be completed within one year. 10 10 Budget: Budget and budget narrative clearly show how FCMP funds and match funds will be expended in accordance with 62S- 4.004(2xd), FAC, and demonstrate a cost relationship to project activities. 15 15 Project costs are reasonable. 10 5 Total Maximum Points Possible 140 124 Notes: FLORIDA COASTAL MANAGEMENT PROGRAM, Coastal Partnership Initiative FY 2016 -2019 GRANTAPPLICA 7TON SCORE SHEET Name: Lisa Gregg / Florida Fish & Title: Resilient Infrastructure Asst Number: 024 Required Information for All Applications [All grant applications are checked for these requirements] • Signed and complete Title Page • Location Map • Work Plan • Budget Page Application Criteria Max Possible Points Your Score Location Map: The project location is clearly depicted on a map. 10 10 Project Description: The project description is clearly presented. 15 15 Project objectives, tasks, deliverables and timelines clearly relate to the project description. 20 20 Project Need and Benefit: There is a demonstrated need, which the project addresses. 25 25 The proposed project meets the purpose of at least one CPI priority area 10 10 Applicant demonstrates how the project benefits or improves coastal resource management. 25 25 The project is feasible and can be completed within one ear. 10 10 Budget: Budget and budget narrative clearly show how FCMP funds and match funds will be expended in accordance with 62S- 4.004(2xdj FAC, and demonstrate a cost relationship to project activities. IS 15 Project costs are reasonable. 10 10 Total Maximum Points Possible 140 140 Notes: FLORIDA COASTAL MANAGEMENT PROGRAM, Coastal Partnership Initiative FY 2016 -2017 GRANT APPLICATION SCORE SHEET Name: Heather Mason / DEP Environmental Resource Required Information for All Applications [All grant applications are checked for these requirements] • Signed and complete Title Page • Location Map • Work Plan • Budget Page Application Criteria Max Possible Points Your Score Location Map: The project location is clearly depicted on a map. 10 5 Project Description: The project description is clearly presented. 15 8 Project objectives, tasks, deliverables and timelines clearly relate to the project description. 20 15 Project Need and Benefit: There is a demonstrated need, which the project addresses. 25 25 The proposed project meets the purpose of at least one CPI priority area 10 10 Applicant demonstrates how the project benefits or improves coastal resource management. 25 15 The project is feasible and can be completed within one year. 10 10 Budget: Budget and budget narrative clearly show how FCMP funds and match funds will be expended in accordance with 625- 4.004(2xd), FAC, and demonstrate a cost relationship to project activities. 15 15 Project costs are reasonable. 10 7 Total Maximum Points Possible 140 110 Notes: FLORIDA COASTAL MANAGEMENT PROGRAM, Coastal Partnership Initiative FY 2016 -2017 GRANTAPPLICATION SCORE SHEET Name: Jenna Harper / NWRR Required Information for All Applications [All grant applications are checked for these requirements] • Signed and complete Title Page • Location Map • Work Plan • Budget Page Application Criteria Max Possible Points Your Score Location Ma The project location is clearly depicted on a map. 10 7 Project Description: The project description is clearly presented. 15 13 Pro objectives, tasks, deliverables and timelines clearly relate to the project description. 20 16 Pro Need and Benefit: There is a demonstrated need, which the project addresses. 25 20 The proposed project meets the purpose of at least one CPI priority area, l0 10 App licant demonstrates how the project benefits or improves coastal resource management._ 25 20 The pmject is feasible and can be completed within one year. 10 10 Budget: Budget and budget narrative clearly show how FCMP fimds and match funds will be expended in accordance with 62S- 4.004(2xdl FAC, and demonstrate a cost relationship to project activities. 15 13 Project costs are reasonable. 10 7 Total Maximum Points Possible 140 116 Notes: ATTACHMENT 2 BUDGET and BUDGET NARRATIVE (15 Pts.) Type dollar amounts only in applicable categories (round to nearest dollar, no cents) and leave other categories blank. A recipient will be required to provide 100% (1:1) matching funds, cash or in -kind. No more than one -half (50 %) of match can be provided by a third party. Badpet Catepoty Eam—le ands MATCHFundr 1. Salaries $4,943.19 $4,943.19 2. Fringe Benefits $9,085.58 $ 9,085.58 3. Travel $960.00 $960.00 4. Equipment 5. Supplies 6. Contractual Services 7. Other Expenses 8. Indirect Charges FCMP Total $14,988.77 Match Total $14.988.78 Total FCMP & Match Funds $29,977.55 If budget exceeds the amount shown on the "Total" line above, indicate the total project cost: $ BUDGET NARRATIVE: Describe line items for each applicable budget category shown above. Provide sufficient detail to show cost relationship to project activities for both FCMP and match items. Indirect costs are not allowed as match. Total FCMP Funds Requested $14,988.77 Salaries: As shown in the hours and budget estimate in Attachment 1. To pay for labor hours for the consultant to complete the work for the county. The requested funds will cover Y2 of costs incurred. Fringe Benefits: As shown in the attached budget summary. To include corporate overhead and fee for consultant work on the project. The requested funds will cover Y: of costs incurred. Travel: To cover funds for the consultants to travel to identified project meetings. The requested funds will cover Y: of costs incurred. Equipment: Supplies: Contractual Services: 6 Form 62S4.004, FAC, Effective 912110 Other Expenses: Indirect Charges: Total Match Funds: S14,988.77 Salaries: As shown in the hours and budget estimate in Attachment 1. To pay for labor hours for the consultant to complete the work for the county. The match funds will cover % of costs incurred. Fringe Benefits: As shown in the attached budget summary. To include corporate overhead and fee for consultant work on the project. The match. funds will cover % of costs mcusred Travel: To cover funds for the consultants to travel to identified project meetings. The match funds will cover % of costs incurred Equipment: Supplies: Contractual Services: Other Expenses: NOTE: Project costs will be evaluated for reasonability, and the application is eligible for up to 10 points based on the evaluation of costs. Form 62S- 4.004, FAC, Effective 912110 ATTACHMENT 3 FEDERAL EXPENDITURE REPORT STATE UNIVERSITY SYSTEM SEA GRANT PROGRAM STATEMENT OF AWARD AND EXPENDITURES Principal Investigator: Rhonda Haag Grant Period From: 07101116 To: 06/30117 Expenditure Report Period From: To: Your Account Number. UFDSP00011337 Sea Grant Number. PD -16 -15 NA140AR4170108 Column 1 Column 2 Column 3 Column 4 Budget Current Cumulative Balance Awarded Expenditures Expenditures Column 1 minus 3 Salaries 4,943.19 Fringe Benefits 9,085.58 Subcontracts and Consultants Exp. Supplies Travel 960.00 Publications Other Costs Tuition & Stipend Equipment Total Direct Costs 14,988.77 Indirect Costs Total Cost 14,988.77 Travel: *Items purchased under Equipment this period In State $ 1) Out of State $ 2) Foreign $ 3) Total Travel •' Indirect Cost: of = I.D.C. % MTDC I.D.C. (•* ANY I.D.C. THAT DOES NOT FIT THE ABOVE FORMULA WILL NEED TO BE EXPLAINED. MTDC NEVER INCLUDES COST FOR STIPENDS, EQUIPMENT, OR SUBCONTRACTS.) I hereby certify that to the best of my knowledge and belief that the above expenditures reported on this account, are complete, accurate, and in accordance with appropriate grant policy and federal cost accounting standards. Supporting documents are available for audit. Signed: Title: Institution: Phone d:%ConUaMWaMc.CbP. Wb3 ATTACHMENT 4 FEDERAL COST SHARING REPORT STATE UNIVERSITY SYSTEM SEA GRANT PROGRAM Principal Investigator: Rhonda Haag Grant Period From: 07/01/16 To: 06130117 Expenditure Report Period From: To Your Account Number: UFDSP00011337 Sea Grant Number. PD -16 -15 NA14OAR4170108 Column 1 Column 2 Column 3 Column 4 Budget Current Cumulative Balance Awarded Expenditures Expenditures Column 1 minus 3 Salaries 4,943.19 Fringe Benefits 9,085.59 Subcontracts and Consultants Exp. Supplies Travel 960.00 Publications Other Costs Tuition & Stipend Equipment Total Direct Costs 14,988.78 Indirect Costs Total Cost . 14,988.78 Travel: *Items purchased under Equipment this period In State $ 1) Out of State $ 2) Foreign $ 3) Total Travel ** Indirect Cost: of = I.D.C. % MTDC I.D.C. (" ANY I.D.C. THAT DOES NOT FIT THE ABOVE FORMULA WILL NEED TO BE EXPLAINED. MTDC NEVER INCLUDES COST FOR STIPENDS, EQUIPMENT, OR SUBCONTRACTS.) I hereby certify that to the best of my knowledge and belief that the above expenditures reported on this account, are complete, accurate, and in accordance with appropriate grant policy and federal cost accounting standards. Supporting documents are available for audit. Signed: Title: Institution: Phone ATTACHEMENT 5 FORM CO-4W (REV OIM) ❑ GRANT ❑x COOPERATIVE AGREEMENT U. S. DEPARTMENT OF COMMERCE AWARD NUMBER FINANCIAL ASSISTANCE AWARD NA140AR4170108 RECIPIENT NAME UNIVERSITY OF FLORIDA STREET ADDRESS 207 Grinter Hall FEDERAL SHARE OF COST $2,153,000.00 CITY, STATE, ZIP CODE Gainesville FL 32611 -5500 RECIPIENT SHARE OF COST $1,097,910.00 AWARD PERIOD 02/0112014-01/31/2018 TOTAL ESTIMATED COST $3,250,910.00 AUTHORITY 33 U.S.C. 1121 et seq., as amended CFDA NO. AND PROJECT TITLE 11.417 2014 Sea Grant Omnibus Proposal This award offer approved by the Grants Officer constitutes an obligation of Federal funding. By accepting this award offer, the Recipient agrees to comply with the award Terms and Conditions checked below. If this was a paper issued award offer, please send two signed documents to the Grants Officer and retain one set of signed award documents for your files. If this award offer is not accepted without modification within 30 days of receipt, the Grants Officer may unilaterally withdraw this award offer and de- obligate the funds. ❑ Department of Commerce Financial Assistance Standard Terms and Conditions x❑ Government Wide Research Terms and Conditions x❑ Bureau Specific Administrative Standard Award Conditions x❑ Award Specific Special Award Conditions ❑x Line Item Budget x 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other ❑ Non -Profd, and Commercial Organizations ❑ 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to States and Local Governments x❑ OMB Circular A -21, Cost Principles for Educational Institutions ❑ OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments ❑ OMB Circular A -122, Cost Principles for Non - Profd Organizations ❑ 48 CFR Part 31, Contract Cost Principles and Procedures ❑x OMB Circular A -133, Audits of States, Local Govemments, and Non -Profit Organizations x Department of Commerce Pre -Award Notification Requirements for Grants and Cooperative Agreements ❑ REF: 77 FR 74634 (December 17, 2012) ❑ Other(s) SIGNATURE OF DEPARTMENT OF COMMERCE GRANTS OFFICER TITLE DATE Lamar Revis Grants Officer 02/272014 TYPE NAME AND SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL TITLE DATE Mr. Brian Prindle 1 1 03/072014 Special Award Conditions Award Number: NA140AR4170108 Amendment Number: 0 1) Post Award NEPA Review Process Any projects selected under the future projects selection process must be reviewed for NEPA compliance by NOAA prior to funding them. 2) Future Competed Research in 2016 -2017 Project will include future support of individual projects. Initiation of any selected project will not begin until FPO has certified that that project was competed and selected according to the rules of the selection process. This project contains future competed research in FY 16-17 totaling up to $1,456,320. 3) Sea Grant Project Extension Special Award Condition Authority is delegated to the Recipient to extend any projects or subawards incorporated in this Sea Grant Omnibus award up to, but not beyond, the approved grant project period without prior approval by the NOAA Grants Officer. NOAA's Sea Grant Program must be notified in writing of any such task extensions in the annual performance reports. 4) Performance Progress Reports The first Project Progress Report will cover a period of nine months from the start date of award. Following reports are due annually. All interim Project Progress Reports are due within 30 days of the reporting period end date. A comprehensive final Project Progress Report will be due no later than 90 days after the award expiration and will include the last interim reporting period. 5) Data Sharing Environmental data and information, collected and/or created under this grant/cooperative agreement will be made visible, accessible and independently understandable to users, free of charge or at minimal cost, in a timely manner (typically no later than two (2) years after the data are collected or created), except where limited by law, regulation, policy or by security requirements. 1. The Data/Information Sharing Plan (and any subsequent revisions or updates) will be made publicly available at time of award and, thereafter, will be posted with the published data. 2. Environmental data and information produced under this award and which are made public must be accompanied by the following statement: These environmental data and related items of information have not been formally disseminated by NOAA and do not represent and should not be construed to represent any agency determination, view, or policy. 3. NOAA may at its own discretion, use information from the Data/Information Sharing Plan to produce a formal metadata record and include that metadata in a catalogue to indicate the pending availability of new data. 4. Failing to share environmental data and information in accordance with the submitted Data/Information Sharing Plan Page 1 of 3 may lead to disallowed costs and be considered by NOAA when making future award decisions. 6) Cooperative Agreement The Cooperative Agreement (CA) is between the National Oceanic and Atmospheric Administration's (NOAA) National Sea Grant Office (NSGO) and the recipient. The anticipated substantial involvement anticipated between the Federal Agency and the recipient during performance of the activity is: the recipient proposal includes activities described as "future competed projects" that can make up a significant fraction of the total cost of the grant. These activities may not be conducted or funded until NOAA has approved these projects and completed NEPA analyses on them. 7) Matching Requirement Since this award requires the Recipient to provide $1,097,910 in project- related costs from non - federal sources, the Recipient must maintain in its official accounting records an accounting of $3,250,910. 8) Multi -Year Special Award Condition (MULTI -YEAR) The award period and budget(s) incorporated into this award cover a four -year period for a total amount of $8,612,000 in Federal funds. However, Federal funding available at this time is limited to $2,153,000 for this funding period. Receipt of any prospective funding is contingent upon the availability of funds from Congress, satisfactory performance, continued relevance to program objectives, and will be at the sole discretion of the Department of Commerce. The Department of Commerce is not liable for any obligations, expenditures, or commitments which involve any amount in excess of the Federal amount presently available. The Recipient will be responsible for any and all termination costs it may incur should prospective funding not become available. No legal liability will exist or result on the part of the Federal Government for payment of any portion of the remaining funds which have not been made available under the award. Notifications affecting funding or notice of non - availability of additional funding for prospective years will be made only by the Grants Officer. The amendment to obligate prospective funding available shall be made on Form CD -451, "Amendment to Financial Assistance Award," if at all possible prior to the expiration of each year's activities. The funding period for this award is 2/1/2014 through 1/31/2015 and may be extended through 1/31/2018. 9) New Award SAC This award number NAI4OAR4170108, to University of Florida, supports the work described in the Recipient' s proposal entitled 2014 Sea Grant Omnibus Proposal dated 10/25/2013, which is incorporated into the award by reference. Where the terms of the award and proposal differ, the terms of the award shall prevail. Page 2 of 3 Attachment B NOAA Administrative Standard Award Conditions On September 14, 2010 the Office of Management And Budget issued interim final guidance to agencies to establish requirements for Federal financial assistance applicants, recipients, and subrecipients that are necessary for the implementation of the Federal Funding Accountability and Transparency Act of 2006, hereafter referred to as "the Transparency Act" or "the Act ". This interim final guidance provided standard wording for an award term that each agency must include in grant and cooperative agreement awards it makes on or after October 1, 2010, to require recipients to report information about first -tier subawards and executive compensation under only those awards. This implementation of the requirement for reporting of subawards and executive compensation under Federal assistance awards parallels the implementation for subcontracts and executive compensation under Federal procurement contracts, which is in the Federal Acquisition Regulation. This is a new requirement and the language is located in section D of these Administrative Standard Award Conditions. As you may know, during the Federal Government's Fiscal Year 2006, NOAA implemented NOAA Grants Online. Grants Online is a premier Federal solution for full life -cycle grants management processing. Grants Online allows recipients to: Accept awards electronically, manage user roles for individuals within their organization, submit post -award action requests, financial reports, and performance /progress reports. Grants Online operates in a web environment, and can be accessed anywhere at any time, provided that you have Internet access. You will be required to use an Internet browser to log in and to use Grants Online. Internet Explorer is the preferred browser for PC users; FireFox is the preferred browser for MAC users. No software is required for installation. Logins and passwords are required. If you do not have a password, you can contact the Grants Online Help Desk for assistance in obtaining your login credentials. For more information, e-mail GrantsOnline.11elpDesk @noaa.gov or call the Help Desk at 301 -444- 21 12 or toll free at 1 -877- 662 -2478 between the hours of 8:00 a.m. and 6:00 p.m. Eastern Time Monday through Friday excluding Federal holidays. A. Award Payments — ASAP Enrollment Your award payments will be made through electronic funds transfers using the U.S. Department of the Treasury's Automated Standard Application for Payments (ASAP) system. Recipients must enroll in ASAP system by first submitting an Organization Profile Change Request via Grants Online, which will include the following requirements: 1. EIN# 2. DUNS# 3. Name of Organization 4. Type of Organization (i.e. Non - profit, For Profit, State etc.) 5. Address 6. Point of Contact 7. Title 8. Point of Contact's Email Address 9. Phone Number June 2012 Attachment B NOAA Administrative Standard Award Conditions Please refer to the NOAA website at: http: / /www.corporateservices .noaa.gov /grantson 1 ine! Process %20Maps / Award_ and_Post_Award_OverviewOnly.pdf for additional information. B. Financial Reports Federal Financial Reports (SF -425) are to be completed in NOAA's Grants Online system. Grants Online will notify your organization via email when your reports are available for completion and submission through the Grants Online system. The status of all reports can be seen under "Associated Documents" under the Grants File. To complete a report, login to NOAA Grants Online at https : / /www.(:jrantsOnline.noaa.gov, search for the award and navigate to the Grants File overview page. Find the report near the bottom of the page and click on the link to the report to complete the report. For multiple awards that require Federal Financial Reports (SF -425) covering the same period, you may create and submit a multi - award SF425 from the "Awards" tab. For additional assistance with Grants Online, please review the Recipient Quick Reference Guide available at http:// rdc. noaa .gov /—GrantsOnline /'I'raining. This site also has additional detailed recipient assistance material. If you are having problems with accessing Grants Online, please contact the Grants Online Help Desk at 1- 877 -662 -2478 or GrantsOnline .l- IelpDesk(�i)noaa.gov. 1. Federal Financial Report (SF -425) - (final report only) a. A final comprehensive Federal Financial Report must be submitted, within 90 days after award expiration. The report shall cover the entire project period from the start date through the end date of the original award, or approved extended end date of the award, and must include the cumulative total of indirect costs charged to the award. 2. Federal Financial Report (SF -425) -Due semi - annually; reported under the "Federal Cash" line of the report. (This report replaces the SF 272, Cash Transaction Report) a. The SF -425 shall be submitted on a semi- annual basis. If the recipient is reporting on more than one NOAA grant and/or agreement, then the SF -425 attachment must be used. b. Interim semi - annual Federal Financial Reports (SF -425) are due no later than 30 days after the semi - annual reporting periods ending March 31 and September 30 for the entire project period of the award. c. A final Federal Financial Report (SF 425) is due within 90 days after award expiration. The report shall cover the last semi - annual reporting period ending on September 30 or March 3 I, or a portion thereof, based on the end date or approved extended end date of the award. d. The SF -425 is due for recipients using the Department of Treasury Automated Standard Application for Payments (ASAP) system for payment. If converting to June 2012 Attachment B NOAA Administrative Standard Award Conditions ASAP during the course of the Award, the SF -425 forms will be due as described above starting with the ASAP conversion date 3. Request for Advance or Reimbursement (SF -270) a. The SF -270 shall NOT be submitted by recipients using the Department of Treasury ASAP system unless specifically directed by a Special Award Condition. b.The SF -270 shall be submitted using the NOAA Grants Online system, as reimbursements are necessary for the financial management of the award. c. Semi - annual and final Federal Financial Reports (SF -425) are not required if the SF -270 is used. C. Performance /Progress Reports Performance /Progress Reports are to be completed in NOAA's Grants Online System. The Grants Online System will notify your organization through email, when your reports are available for completion and submission through NOAA Grants Online. Recipients are responsible for ensuring all personnel listed on an award have a current email address. The status of reports can be seen under Associated Documents under the Grant File. To complete your report, login to NOAA Grants Online at https : / /www.GrantsOnline.noaa.gov, search for the award and navigate to the Grants File overview page. Then find the report near the bottom of the page and click on the link to the report to complete it. You must attach the report document for submission, or in the rare cases where there is very little to report, fill out the report in the report comments section. The Federal Program Officer is the authority on the acceptable form and content of Project Progress Reports. For additional assistance with Grants Online, please review the Recipient Quick Reference Guide available at http : / /rdc.noaa.gov /-- GraiitsOnline /Training. This site also has additional detailed Recipient assistance material. If you are having problems with your access to Grants Online, please contact the Grants Online Help Desk at 1 -877- 662 -2478 or GrantsOn I i ne. HelpDesk (ci?noaa.gov. a. Frequency: Performance reports are due on a semi- annual basis, unless otherwise specified in an award condition, no later than 30 days following the end of each six (6) month period from the start date of the original award. The last semi - annual performance report is required. The final report, which summarizes activities conducted during the entire award must be submitted within 90 days following the end date of the project. D. Reporting Subawards and Executive Compensation. a. Reporting of first -tier Subawards. (Applies only to grant /cooperative agreement awards issued with a new NOAA fiscal year 2011 award number) 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery 3 June 2012 Attachment B NOAA Administrative Standard Award Conditions funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 1 1 1 -5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.]. of this award term to littp://%vww.fsrs. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at littp: / /www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if -- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received- - (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http: / /www.sec.�rov /answers /execomp.litm 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at htip: / /www.ccr.Lov ii.By the end of the month following the month in which this award is made, and annually thereafter. 4 .tune 2012 Attachment B NOAA Administrative Standard Award Conditions C. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received- - (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: 5 June 2012 Attachment B NOAA Administrative Standard Award Conditions i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for - profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non- Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward means: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. - - -- .210 of the attachment to OMB Circular A -I33, "Audits of States, Local Governments, and Non - Profit Organizations "). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. 6 June 2012 Attachment B NOAA Administrative Standard Award Conditions v. Above - market earnings on deferred compensation which is not tax- qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. E. Post Award Action Requests for Non - Construction Awards All Post Award Action requests must be completed in Grants Online. NOAA Grants Online provides the ability for Recipients to submit the different Award Action Requests. Each request is described below with specific guidance. General Guidance and NOAA Business Rules • NOAA requires all Award Action Requests to be approved by a "Recipient Authorized Representative." Grants Online enforces this business rule by routing all requests through the Recipient Authorized Representative(s) for submission to NOAA. • An Award End Date may ONLY be extended through: • A funded amendment through an application (SF -424) • A No -Cost Extension - Prior Approval Waived (Research Terms and Conditions) • A No -Cost Extension - Prior Approval Required • The Extension to Closeout is the only Award Action Request that may be initiated after the Award End Date. o An Extension to Closeout may only be requested within the 90-day closeout period (90 days after the award end date). The closeout period can be extended only once for a maximum of 60 days.. • A No -Cost Extension - Prior Approval Waived (Research Terms and Conditions) must be submitted to NOAA 10 or more days prior to the award end date. o Grants Online automatically enforces this business rule. • A No -Cost Extension - Prior Approval Required is required to be submitted to NOAA 30 or more days prior to the award end date. o Recipients that are allowed Prior Approval Waived (Research Terms and Conditions) must exercise this no -cost extension, before requesting a no -cost extension Prior Approval Required. . o Grants Online does not enforce this business rule. Enforcement is at the discretion of the Grants Officer. • The "Other" Award Action Request may or may not produce an amendment. Use this Award Action Request if you have a request that does not fit under any other category. Please work 7 June 2012 Attachment B NOAA Administrative Standard Award Conditions with your Federal Program Officer to determine if you should submit the "Other" Award Action Request. In a few cases, the recipient will not have to submit an "Other" Award Action Request. An email request from the recipient to the Federal Program Officer, and the approval of the content of that email by the Program Officer, who in turn, submits it to the Grants Officer is sufficient. The approval of the request ultimately lies with the Grants Officer. This email request and attendant correspondence is always attached to the Grants File as evidence of the transaction. Grants Online Processing Guidance for list of Award Action Requests (Award Action Requests are listed on the following pages) From the Grants Online Recipient Quick Reference Guide I . Click the "Award" tab. 2. Click the "Search" or the "Search Award" link. The "Search Award" page is displayed. 3. Click the "Search" button on the "Search Award" page. When your search results populate, click the award number for which you are submitting your AAR. 4. On the "Grants File" launch page, select the "Create Award Action Request" action from the action dropdown menu then click the "Submit" button. 5. The "Award Action Request Index" page is displayed with the available AARs. Click the link to the AAR that you wish to submit. The requested page will be displayed for you to complete. Enter the required fields and click the "Save" button. b. The AAR page is re- displayed with the attachment link and other fields. You can upload documents. After completing the required information, click the "Save and Return to Main" button. Another message will display where you can confirm your request and start workflow, click the "Yes" button. 7. A review task is sent to your "Task" inbox for this request. Follow the steps listed under the Processing a Task in this document. The review task will go first to the creator of the document and then to the Recipient Authorized Representative(s) in the organization. If you have the role of "Recipient Authorized Representative" you will have to submit the request to NOAA, thus you will have processed two tasks. List of Award Action Requests Listed below is each kind No Cost Extension - Prior Apprrval Waived of Award Action Request in the same relative location as it (Research Terms and Conditions) is found on the Award Action Request selection page in Grants Online. Those marked with an asterisk always require an amendment. The others generally do not, but might if any Special Award Conditions are associated with the request approval. * No Cost Extension — Prior Approval Required Extension to Close Out Reprogram or Rebud et * Change in Scope E ui ment Purchase * Transfer of Award Foreign Travel Change in Principal Investigator Sole Source Contract Organization Profile Change Request Other Change in Key Person Specified in the Application Absence of more than 3 months or 25% by project director or PI Satisfied Special Award Conditions Inclusion of cost that require prior approval based 0 June 2012 Attachment B NOAA Administrative Standard Award Conditions June 2012 on cost principles Transfer of funds allotted for training to other categories of * Sub award, transfer or contracting out of any expenses work under the award if not described in the approved application Pre -Award Cost *Termination for Convenience ASAP Drawdown Request for Broadband Technology Opportunities Program TOP Onl June 2012 PARSBRI -01 SSMITH 14CORL7►" CERTIFICATE OF LIABILITY INSURANCE `� D / 1 11 1 /18 /18/2 016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER JLT Specialty Insurance Services Inc. 5847 San Felipe St. NAME: JLT Service Team PHONE FAX AlC No EXt : (713) 789 -0415 A/c, No) (713) 789 -0415 E -MAIL Ws certre t ues ADDRESS: PP b Q @J Itus.com Suite 2800 Houston, TX 77057 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED INSURER B: Liberty Insurance Corporation 42404 INSURER C: 04/01/2016 Parsons Brinckerhoff Inc. INSURER D PREMISES Ea occurrence) 4139 Oregon Pike Ephrata, PA 17522 INSURER E INSURER F OV Y RS AG COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE Al OCCUR X X GLO9835819 -03 04/01/2016 04/01/2017 PREMISES Ea occurrence) $ 300,000 Contractual Liab. OV Y RS AG X MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 BY !(,�1 AGGREGATE LIMIT APPLIES PER: GENERAL GENERAL AGGREGATE $ 5,000,000 GEN'L _ POLICY � PR � LOC OTHER: DATE WAIVER N/ YES— PRODUCTS - COMP /OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ( CEO OMBINED SINGLE LIMIT accident $ 2,000,000 B X ANYAUTO X X S7- 621 - 094060 -036 11/01/2016 04/01/2017 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE Y NIA OFFICER/MEMBER EXCLUDED? (Mandatory In NH) X A7- 62D- 094060 -016 11/01/2016 04/01/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2 ,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIRTY (60) DAYS NOTICE OF CANCELLATION 188725 Monroe County - Resilient Infrastructure Subject always to policy terms, conditions and exclusions, The County is named as Additional Insured (excluding Workers' Compensation and Employers' Liability) but only to the extent of risks and liabilities assumed by the Named Insured in a signed written contract. CERTIFICATE HOLDER CANCELLATION ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Suite 2 -205 AUTHORIZED REPRESENTATIVE Key West, FL 33040 ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PARSBRI -01 SSMITH 4111. 7►" CERTIFICATE OF LIABILITY INSURANCE �� DA 11 /18 / 11 /18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER JILT S Insurance Services Inc. 5847 San Felipe St. NAME, JLT Service Team PHONE FAX A/c N EXt : (713) 325 -7615 AIC, No) (713) 789 -0415 E -MAIL Ws bcertre t ues ADDRESS: pP Q @j Itus.com Suite 2800 Houston, TX 77057 COMMERCIAL GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:QBE Specialty Insurance Company 11515 $ INSURED INSURER B : INSURER C : Parsons Brinckerhoff Inc. INSURER D 4139 Oregon Pike Ephrata, PA 17522 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE F71 OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- F LOG JECT PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BY BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS �- DATE NON -OWNED HIRED AUTOS AUTOS WAIVER N/A ES._._ Pe�aEi T DAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE OED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab. QPL0022630 11/01/2016 11/01/2017 Per Claim /Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SIXTY (60) DAYS NOTICE OF CANCELLATION THIRTY (30) DAYS NOTICE OF CANCELLATION 188725 Monroe County - Resilient Infrastructure CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Suite 2 -205 AUTHORIZED REPRESENTATIVE Key West, FL 33040 ACORD 25 (2014/01) ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a Notification to Others of Cancellation, Nonrenewal ZURICH" or Reduction of Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. I Add'I. Prem Return Prem. L09835819 03 P4/01/2016 P4/01/2017 10/13/2016 5400 -000 I N /A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products /Completed Operations Liability Coverage Part A. If we cancel or non -renew this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non - renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non - renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part(s) is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number of Days Notice: Monroe County 1100 Simonton Street, Suite 2 -205 Key West, FL 33040 60 All other terms and conditions of this policy remain unchanged. U -GL- 1447 -A CW (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission.