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Item G03
G.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting November 20, 2019 Agenda Item Number: G.3 Agenda Item Summary #6044 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305)295-4306 N/A AGENDA ITEM WORDING: Approval of a Task Order with Cardno, Inc. for Engineering Design and Permitting Services for the Hurricane Irma Boca Chica Road Restoration Project. This Task Order is being awarded in accordance with the Continuing Contract for On Call Professional Engineering Services in the maximum not to exceed amount of$69,365.00 ITEM BACKGROUND: On September 10, 2017 Hurricane Irma made landfall in the Florida Keys. As a result, various roads and bridges throughout Monroe County sustained damages. It is anticipated that this project will be eligible for reimbursement with 90% to be funded by the Federal Emergency Management Agency (FEMA), 5% funded by the State and 5% County matching funds; if funded as expected the total cost to the County will be $3,468.25. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the On Call Professional Engineering Services contract with Cardno, Inc. at the December 2018 meeting. CONTRACT/AGREEMENT CHANGES: New task order STAFF RECOMMENDATION: Approval of task order. DOCUMENTATION: Cardno task order Cardno Contract Executed w Clerk Memo COI Cardno FINANCIAL IMPACT: Packet Pg. 1024 G.3 Effective Date: November 20, 2019 Expiration Date: 30 days after project completion. Total Dollar Value of Contract: $69,365.00 Total Cost to County: $3,468.25 Current Year Portion: $3,468.25 Budgeted: Yes Source of Funds: 1250459110 IRPG6402 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: Yes County Match: $ 3,468.25 (5% of total dollar value of contract) Insurance Required: Yes Additional Details: REVIEWED BY: Judith Clarke Completed 10/30/2019 1:38 PM Christine Limbert Completed 10/30/2019 4:38 PM Budget and Finance Completed 10/31/2019 11:44 AM Maria Slavik Completed 10/31/2019 12:11 PM Kathy Peters Completed 10/31/2019 12:25 PM Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 1025 G.3.a TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND CARDNO, INC. FOR HURRICANE IRMA BOCA CHICA ROAD RESTORATION PROJECT In accordance with the Continuing Contract for On Call Professional Architectural and Engineering Services made and entered on the 19th day of December 2018, between Monroe County hereinafter referred to as the "County" and Cardno, Inc. hereinafter referred to as "Consultant" where professional services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Architectural and Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Task Order is effective on the 20t'' Day of November 2019. In accordance with Article II Scope of Basic Services, Paragraph 2.1, the Scope of this cu Task Order is as follows: The scope of services will include Engineering Design and Permitting Services for the Hurricane Irma Boca Chica Road Rehabilitation Project, included as Exhibit A. M E The Consultant is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division or FDEM) and attached hereto as Exhibit B. In accordance with Article VII, Paragraph 7.1 Payment Sum, the Payment Sum of this Task Order is as follows: 0 The Consultant shall be paid monthly based on hourly rates per the continuing services U) contract and estimated staff hours and the following not to exceed amounts: 0 Personnel Estimated Hourly Rate Total Hours Chief Engineer 25 $215.00 $5,375.00 Project Manager 90 $150.00 $13,500.00 Senior Engineer 85 $170.00 $14,450.00 Senior Designer 221 $120.00 $26,520.00 Subconsultant Services $9,520.00 Total Not to Exceed Amount $69,365.00 Hurricane Irma Boca Chica Road Restoration Project November 20,2019 Packet Pg. 1026 y G.3.a 4a A total not to exceed amount of Sixty Nine Thousand Three Hundred Sixty Five dollars and Zero cents($69,365.00)will apply. IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. (Seal) Attest: Cardno, Im. w Zu 0c By: � B Title Title (SEAL) . a � BOARD OF COUNTY COMMISSIONERS Attest: 10EV1N m � OF MONROE COUNTY FLORIDA 0 1,00511, By. By. Deputy Clerk Mayor/Chairman ac Date: 0 19 U) 2 c S L BERT p s E AS515TANf .otfMYTTOEy Hurricanc Isms 8=Chin Roar!Remra ian Prpjat Nov%nnbcr_'o.20 19 Packet Pg. 1027 G.3.a EXHIBIT A Scope of Services U) 0 0 E C a M 0 19 U) 2 0 C C 0 Hurricane Irma Boca Chica Road Restoration Project November 20,2019 Packet Pg. 1028 G.3.a SCOPE OF SERVICES Monroe County requires Engineering Design and Permitting Services for roadway repairs as a result of damages sustained from Hurricane Irma. A general scope of work for these repairs includes but is not limited to providing plans with details for roadway shoulder reconstruction, embankment slope reconstruction, asphalt removal and roadway reconstruction, milling and resurfacing, riprap revetment and associated permitting. All repairs are to be in accordance with the latest Florida Greenbook and FDOT standards. If necessary, provide assistance with any needed NEPA requirements due to FEMA funding. 0 0 E a 0 19 U) 2 0 Hurricane Irma Boca Chica Road Restoration Project November 20,2019 Packet Pg. 1029 G.3.a PROJECT SPECIFIC SCOPE MONROE COUNTY BOCA CHICA ROAD EROSION RESTORATION DESIGN U) PLANS 0 0 E a 0 19 U) 2 0 Page 1 of 6 Packet Pg. 1030 G.3.a EXHIBIT "1" PROJECT DESCRIPTION The project scope will include, but not limited to, design of approximately 1,500 LF of existing roadway resurfacing and slope restoration plans, agency permitting, client coordination and limited topographical survey per field visit with County Representative Clark Briggs. The design will be based on existing permitting (SFWMD and ALOE) which will fall under maintenance or No Notice of the 2 referenced permitting. Additionally, a FDEP (CCCL/Critically Eroded Beaches) Field Permit will be included. �s 0 " a " " " 0 19 U) 2 0 " �s Page 2 of 6 Packet Pg. 1031 G.3.a EXHIBIT "2" SCOPE OF SERVICES EXHIBIT A Date: August 5, 2019 Revised: October 2, 2019 SCOPE OF SERVICES The Consultant shall provide engineering services for Roadway and Slope restoration design plans for Monroe County for the Project(s) as described in the "Project Description" attached as 0 Exhibit"1 as The "Scope of Services" and tasks to be provided by the Consultant for this Project are those c services and tasks as listed in Exhibit "2". The COUNTY may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes must be contained in a written change order executed by the 0 parties in accordance with the provisions of the Continuing Engineering Services Agreement, prior to any deviation from the terms of this Project Specific Agreement, including the initiation of any extra work. a For BOCA CHICA ROAD (as outlined) The Consultant shall provide and perform the following services, which shall constitute the General Scope of the Basic Services under the covenants, terms, and provisions of this Service 0 Provider Agreement. U) 2 0 Certain assumptions have been made in developing the scope for services and related fees. To the extent reasonably possible, they are stated. If changes to the project result in changes in the level of effort presented in this scope of services, the scope of services and related fee will be revised by mutual agreement. GENERAL UNDERSTANDING • Scope: 1. Survey existing conditions (from existing NAVY fence to the water's edge) 2. Prepare design plans (resurfacing and erosion restoration protection, ie..Rip/rap for slope protection). Specifications will be included on the plan set. 3. Prepare and submit appropriate Agency permits for maintenance (FDEP, SFWMD and ALOE) 4. Respond to RFI's and Pre-proposal participation. Page 3 of 6 Packet Pg. 1032 G.3.a • Assumptions: 1. Existing permits allow for"Maintenance" or"No Notice"within the approved conditions 2. A FDEP (CCCL/Critically Eroded Beaches)Field Permit will be obtained. • COUNTY to Provide: 1. Existing Plans 2. Existing Permits 3. Application fees for Agency Permitting (if Required) U) SECTION 1 0 Task 1.00 ADMINISTRATION cu The CLIENT desires that the Consultant provide design and permitting services as previously identified. Scope and Fees based on general discussion with County staff. c The Consultant shall perform the following tasks: E a TASK 1.01 CLIENT/AGENCY COORDINATION This task includes project meetings, administration and coordination during the design phase of the project. Meetings and general services which are included in this task are as 0 follows: U) 2 0 • General coordination meetings with staff(3 meetings, 6 total hours) • NAVY coordination meetings (2 meetings, 6 total hours) TASK 1.02 SURVEYING c, Consultant will provide ground survey services for topography within the project limits. The survey tasks will include: • Establish horizontal and vertical control on site. o The basis of bearings and the coordinate system for this PROJECT will be based on the Florida State Plane Coordinate System, Florida West Zone; North American Datum. Page 4 of 6 Packet Pg. 1033 G.3.a o The bench line will be established on the North American Vertical Datum of 1988 (NAVD) in English units, using existing vertical control. Benchmarks will be identified in the survey. • Obtain existing right of way maps, existing plans, adjoining deeds, research maps and field locate monumentation sufficient to establish road rights-of-way and or project limits. (Limited Boundary and topography) • Topographic elevations as well as all above ground improvements and evidence of underground utilities will be located. Improvement locations will include the following: S Pavement, utility poles, ditches, berms, storm sewer, signs, all breaks in terrain 0 including existing rip/rap and data to the waters edge. • Cross Sections to be at 50' intervals c • Quality Assurance/ Quality Control of all field and office procedures. TASK 1.03 DESIGN PLANS (60%) c This task consists of the preparation of 11" x 17" construction drawings based on the scope of services at a scale of 1" = 20'. One (1) hardcopy set and 1 pdf file will be provided for each submittal and will include the following sheets: • Key Sheet • General Notes /Pay Item Notes Sheet • Plan and Profile Sheets 19 c • Cross Sections 2 • Details c NOTE: Plans will be designed in accordance with the NAVY's exclusion zone within the Runway Protection Zone (ie..the elevation of the rip/rap wall area will not be higher than the adjacent pavement. Plans and coordination with the NAVY is included and will be sent for review. Plans will designed per current FDOT design standards criteria TASK 1.04 PERMITTING Consultant will prepare and submit to the Florida Department of Environmental Protection, South Florida Water Management District and Army Corps of Engineers plans as necessary for the maintenance of the resurfacing and damaged erosion control Page 5 of 6 Packet Pg. 1034 G.3.a (ie..Rip Rap) The plans will be prepared based on final review comments from the CLIENT. All application fees will be paid by the CLIENT. Consultant will respond to FDEP, SFWMD and ACOE comments pertaining to the erosion restoration plans. All additional agency requests will be considered additional services. NOTE: Permitting based on Maintenance/No Notice Criteria from SFWMD and ALOE. This is based on pre-coordination with the agencies. A "Field Permit"will be coordinated with FDEP (CCCL/Critically Eroded Beaches). TASK 1.05 100% DESIGN PLANS CONSULTANT will prepare 100% (Final) plans based on final FDEP, SFWMD and ACOE permitting and any CLIENT comments. Final design plans will be used to generate Construction Cost Opinion and Specifications necessary for bidding and c procurement. NOTE: Technical Specifications will be per FDOT criteria and included with the plans. 0 TASK 1.06 BIDDING SERVICES and RFI's E CONSULTANT will provide the CLIENT with Bidding Services including RFI responses to Contractors during the process. CONSULTANT will prepare responses to bidder's questions. An Opinion of Probable Cost will be prepared for bidding purposes. 0 19 TASK 1.07 CONSTRUCTION ADMINISTRATION SERVICES U) 2 0 NOTINCLUDED �s TASK 1.08 CERTIFICATION SERVICES NOT INCLUDED TASK 1.09 RECORD DRAWINGS CONSULTANT will prepare Record Drawings based on Contractors "Red-Lines' and survey data obtained by a registered Surveyor in the State of Florida. CONSULTANT will provide the COUNTY with a final set of As-Builts signed and sealed including a digital file of the referenced. Digital file will be AutoCAD or Micro station. Page 6 of 6 Packet Pg. 1035 G.3.a EXHIBIT B The CONSULTANT is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management(Division) and attached hereto as Exhibit B. U) 0 cu �s 0 co cu E a 0 19 U) 2 0 �s Hurricane Irma Boca Chica Road Restoration Project November 20,2019 Packet Pg. 1036 G.3.a Contract Number: Z0002 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R.§200.92 states that a"subaward may be provided through any form of legal agreement,including an agreement that the pass-through entity considers a contract" As defined by 2 C.F,R. §200.74„"pass-through entity'means"a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program.'. As defined by 2 C.F.R, §200.93„"Sub-Recipient'means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." 2 As defined by 2 C.F.R.§200.38,''Federal award"means"Federal financial assistance that a non-Federal entity � 0 receives directly from a Federal awarding agency or indirectly from a pass-through entity."' As defined by 2 C.F.R. §200.92,''subaward"means"an award provided by a pass-through entity to a Sub- Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity," The following information is provided pursuant to 2 C F.R.§200.331(a)(1): E Sub-Recipient's name. Monroe County Sub-Recipient's PA IDIFIPS Number. 087-99087-00 Sub-Recipient's unique entity identifier. 021771709 Federal Award Identification Number(FAIN): 4337DRFLP000000l Federal Award Date! 9/30/2017 Subaward Period of Performance Start and End Dale: 9/10/2017—03/1012018 U) Amount of Federal Funds Obligated by this Agreement: $2,858,535.94 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $2,858.535.94 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity' $2,858,535.94 , Federal award project description(see FFATA) Grant to Local Government for debris removal,emergency protective measures and repair or replacement of disaster damaged facilities Name of Federal awarding agency Dept.of Homeland Security(DHS) Federal Emergency Manaaement Agency(FEMA) Name of pass-through entity, Flonda Division of Emergency Management(FDEM) Packet Pg. 1037 G.3.a Contact information for the pass-through entity; 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.036 Public Assistance Whether the award is Research&Development: NIA Indirect cost rate for the Federal award: See by 44 C.F.R. 207,5 b 4 2 2 e) 0 2 ca 0 E 2 0 19 U) 0 Packet Pg. 1038 G.3.a 3 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee„ Florida(hereinafter referred to as the"Division"), and Monroe County, (hereinafter referred to as the"Sub-Recipient"") For the purposes of this Agreement„ the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the 0 Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, 20 C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGR EMENT 2 C.F.R. §200.302 provides: Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds," Therefore., section 215.971, Florida Statutes, entitled"Agreements funded with federal or state o assistance" applies to this Agreement. (2) LAWS RULES REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F,R. Part . 200, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: 0 i. A provision specifying a scope of work that clearly establishes the tasks that -19 U) the Sub-Recipient is required to perform. 0 ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division, Packet Pg. 1039 G.3.a 4 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: U)0 i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Lildda Forbes 2555 Shumard Oak Blvd, Ste. 360 0 Tallahassee,, FL 32399-2100 E Telephone: 850-815-4419 C Email: Lililita.Forbes@em.myflorida.com M ° c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Laura deLoach-Hartle 0 1100 Simonton St., Ste. 2-213 19 U) Key West, FL 33040-3110 0 Telephone: 305-292-4482 Email: deloachhartle-!aura@monroecounty-fl.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub-Recipient's responsibility to authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the Designation of Authority(Agents) in Attachment D may authorize addition or removal of agency users. Packet Pg. 1040 G.3.a (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this c 0 agreement must be executed incorporating the Project as identified by number, budget, and scope of 0 work, Projects not included by modification will be ineligible for funding, regardless of Federal approval for U) the Project. (7) SCOPE OF WORK, The Sub-Recipient shall perform the work in accordance with the Budget and Project List M —Attachment A and Scope of Work, Deliverables and Financial Consequences—Attachment B of this Agreement. (8) PERIOD OF AGREEMENT, o This Agreement shall begin upon execution by both parties and shall end six (6) months from the date of declaration for Emergency Work(Categories A& B)or eighteen (18) months from the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance . with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of"period of performance''"contained in 2 C,F,R. §200.77, the term "period of agreement"refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this 0 Agreement. In accordance with 2 CeF.R. §200.309, the Sub-Recipient may receive reimbursement under -19 U) this Agreement only for''affowable costs incurred during the period of performance." In accordance with 0 section 215.971(l)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this 'a Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes„ or the Florida Constitution. c, The Division will reimburse the Sub-Recipient only.for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement("Budget and Project List"). The maximum reimbursement amount for the entirety of this Agreement is two million,, eight hundred fifty-eight thousand, five hundred and thirty-five dollars and ninety-four cents($2,858,535,94). Packet Pg. 1041 G.3.a 6 d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award, I am aware that any false, fictitious, or fraudulent information„ or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements; false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).' e The Division will review any request for reimbursement by comparing the 0 documentation provided by the Sub-Recipient in FloridaPA,org against a performance measure, outlined in Attachment B, Scope of Work„ Deliverables, and Financial Consequences, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, M remains consistent with the requirement for a"performance goal",which is defined in 2 C.F.R. §200.76 as "'a target level of performance expressed as a tangible, measurable objective, against which actual 0 achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200,301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments of the Federal award," as g. If authorized by the Federal Awarding Agency,then the Division will reimburse the a Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If authorized by the Federal Awarding Agency, and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when 0 no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or -19 U) other similar cause(see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 0 2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient- employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b)provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits,are allowable if all of the following criteria are met: L They are provided under established written leave policies;, iir The costs are equitably allocated to all related activities, including Federal awards; and, Packet Pg. 1042 G.3.a iiiw The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C,F,R, §200-474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes„which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast„ $11 for lunch,.. and$19 for dinner),,then the Sub-Recipient must provide documentation that 0 i, The costs are reasonable and do not exceed charges normally allowed by 0 the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i, The Division's grant manager,as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period M and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. 0 j. As defined by 2 C.F.R. §200,53, the term"improper payment"means or includes: i. Any payment that should not have been made or that was made in an incorrect amount(including overpayments and underpayments) under statutory„contractual;, administrative, or other legally applicable requirements; and, . ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received(except for such payments where authorized by law), any payment that does not account for credit for applicable 0 discounts, and any payment where insufficient or lack of documentation prevents a reviewer from -19 U) discerning whether a payment was proper. 0 (10)RECORDS a. As required by 2 C.F.R. §200,336, the Federal awarding agency„ Inspectors General„ the Comptroller General of the United States, and the Division, or any of their authorized representatives,; shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts„ and transcripts, The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents, Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained, bm As required by 2 C,F.R. §200.331(a)(5),the Division,the Chief Inspector General of the State of Florida„ the Florida Auditor General,,or any of their authorized representatives, shall enjoy the right of access to any documents.,financial statements„ papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits„examinations„ excerpts, and transcripts. Packet Pg. 1043 G.3.a 8 The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes)and by 2 C.F.R. §200,333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five(5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year 0 period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. 20 ii When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency„ cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs„ or pass-through entity to extend the retention period... iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition, 0 iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient. V. Records for program income transactions after the period of performance, In some cases recipients must report program income after the period of performance, Where there is such . a requirement,the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans, This paragraph 0 applies to the following types of documents and their supporting records; indirect cost rate computations -19 U) or proposals,,cost allocation plans, and any similar accounting computations of the rate at which a 0 particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe benefit rates). � d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C,F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper„electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews„ provide reasonable safeguards against alteration„and remain readable„ Packet Pg. 1044 G.3.a 9 f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1)meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded, The mere receipt of public funds by a private entity, standing alone, is insufficient to 0 bring that entity within the ambit of the open government requirements. However, the Government in the 0 Sunshine Law applies to private entities that provide services to governmental agencies and that act on U) 0 behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then,.,to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer M fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds„ then the Government in the Sunshine Law applies to board of directors for 0 that volunteer fire department,. Thus,, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- E Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly a noticed„open to the public„ and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state 0 and local governments as well as to private entities acting on their behalf. Unless specifically exempted -19 19 from disclosure by the Legislature, all materials made or received by a governmental agency(or a private 2 0 entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate„ communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However,when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus„ the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs„ in a form sufficient to determine compliance with the requirements Packet Pg. 1045 G.3.a 10 and objectives of the Budget and Project List—Attachment A, Scope of Work—Attachment B, and all other applicable laws and regulations. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP"has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." 0 c. When conducting an audit of the Sub-Recipient's performance under this Agreement, 0 the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2 U) C„F.R, §200,50,,, GAGAS„ "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits,' d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for 0 reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance, e. The Sub-Recipient shall have all audits completed by an independent auditor, which . is defined in section 215.97(2)(h), Florida Statutes, as"an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months 0 from the end of the Sub-Recipient's fiscal year. -19 U) f. The Sub-Recipient shall send copies of reporting packages for audits conducted in 0 accordance with 2 C.F.R. Part 200„ by or on behalf of the Sub-Recipient„ to the Division at the following address. DBMSingle—Audit@em,myflorida corn OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http;Hharvester,census.govlfacicollecttddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: Packet Pg. 1046 G.3.a IIII DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328,the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each 2 quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31, c. The closeout report is due sixty(60)days after termination of this Agreement or sixty U (60),days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a o manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the as Division"means that the work product was completed in accordance with the Budget and Project List— . Attachment A, and Scope of Work—Attachment B. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. 0 f. The Sub-Recipient shall provide additional reports and information identified in -19 U) Attachment G—Public Assistance Program Guidance, 0 (13)MONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits„ and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedurestprocesses deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate,,the Sub-Recipient agrees to comply with any additional instructions provided by the Division Packet Pg. 1047 G.3.a 1 . to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General,. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a Unless Sub-Recipient is a State agency or subdivision, as defined in section 768w28(2)„ Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19)„ Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work 0 performance under this Agreement, For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. 20 b, As required by section 768.28(19)„ Florida Statutes,, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2)„ Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the M Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768,28, Florida Statutes. Nothing herein is intended to serve as a waiver of 0 sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract, (15)DEFAULT. . If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments 0 after any Events of Default without waiving the right to exercise such remedies, and without becoming -19 U) liable to make any further payment if: 2 0 a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. Packet Pg. 1048 G.3.a 1 (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this 0 Agreement; c. Withhold or suspend payment of all or any part of a request for payment; 2 d., Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws„ rules and regulations governing the use of these funds, e. Exercise any corrective or remedial actions, to include but not be limited to M it Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance„ 0 ii, Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or . iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. 0 Pursuing any of the above remedies will not stop the Division from pursuing any other -19 U) remedies in this Agreement or provided at law or in equity, if the Division waives any right or remedy in 2 0 this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice, Cause can include misuse of funds, fraud,,lack of compliance with applicable rules,,laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper„ letter„or other material subject to disclosure under Chapter 119 Florida Statutes, as amended. bw The Division may terminate this Agreement for convenience or when it determines„ in its sole discretion,,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds„ by providing the Sub-Recipient with thirty(30)calendar days prior written notice. Packet Pg. 1049 G.3.a 14 c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement, The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated,:the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of 0 set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUREMENT o U) a, The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with alai applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200(entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall"maintain records 0 sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price."' as c. As required by 2 C,F.R. §200 318(i),the Sub-Recipient shall"maintain oversight to . ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders."" In order to demonstrate compliance with this requirement, the Sub- Recipient shall document, in its quarterly report to the Division„ the progress of any and all subcontractors 0 performing work under this Agreement. -19 U) d. Except for procurements by micro-purchases pursuant to 2 C,F.R. §200.320(a) or 2 0 procurements by small purchase procedures pursuant to 2 C.F„R_ §200w320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement„then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive)at least fifteen (15)days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient within three(3)business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C,F,R. §§200 318 through 200.326 as well as Appendix II to 2 C.F,.R. Part 200, Consistent with 2 C.,F,R, §200.318(k),the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications:. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains Packet Pg. 1050 G.3.a i bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above... If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may; i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17)above,and, ii, Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. 0 e„ Except for procurements by micro-purchases pursuant to 2 G.F.R.§200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient 20 chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three(3) M business days„ Consistent with 2 C.F.R. §200.324,the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F,R, §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200,318(k), the Division willnot substitute its o judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the . subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall 0 communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business -19 U) day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication 0 from the Division that the subcontract is non-compliant, then the Division may: L Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (ii)the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,;to the extent allowed and required by law. Packet Pg. 1051 G.3.a 16 g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall"maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C,F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; U)0 iv. Execute noncompetitive contracts to consultants that are on retainer contracts; 0 v. Authorize, condone, or ignore organizational conflicts of interest; M vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, o specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, . ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. 0 i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or -19 U) encourage"'otherwise„the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a 0 geographic preference when procuring commodities or services under this Agreement. The Sub-Recipient shall conduct an procurement involving invitations to bid (i.e. 1 P YP 9 � (• sealed bids) in accordance with 2 C.F,R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k,, The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R„ §200.320(d)as well as section 287 057(1)(b), � Florida Statutes. 1. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288,703„ Florida Statutes. Additionally,, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200,321 ("Contracting with small and minority businesses,women's business enterprises,and labor surplus area firms") (19)ATTACHMENTS Packet Pg. 1052 G.3.a QI a. All attachments to this Agreement are incorporated as if set out fully.. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 -Funding Sources ii. Attachment A—Budget and Project List iii. Attachment B—Scope of Work, Deliverables, and Financial Consequences iv. Attachment C—Certification Regarding Debarment V. Attachment D—Designation of Authority vi. Attachment E—Statement of Assurances 20 vii. Attachment F—Election to Participate in PA Alternative Procedures (PAAP) viii. Attachment G—Public Assistance Program Guidance ix. Attachment H—FFATA Reporting X. Attachment I—Mandatory Contract Provisions xi, Attachment J—DHS OIG Audit Issues and Acknowledgement xii. Attachment K—Justification of Advance Payment o (20)PAYMENTS E a, Any advance payment under this Agreement is subject to 2 C.F.R- §200,305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- . bearing account unless otherwise governed by program specific waiver. if an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment K—Justification of Advance 0 Payment. The request will specify the amount of advance payment needed and provide an explanation of -19 U) the necessity for and proposed use of these funds. Any advance funds not expended within the first 2 0 ninety(90) days of the contract term must be returned to the Division Cashier within (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advances if any, payment shall be made on a reimbursement basis as needed. b, Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty(30) days after the expiration date of the agreement or completion of applicable Project„whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient"s quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress„the federal Office of Management and Budgeting, the State Chief Packet Pg. 1053 G.3.a N Financial Officer or under subparagraph(9)b, of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this agreement, subject to the exhaustion of appeals, are due no later than thirty(30)days from notification by the Division of funds due. FEMA only allows thirty(30)days from deobligation for the funds to be repaid before it will refer the amount to the FEMA Finance Center(FFC)for collection. b. The Sub-Recipient understands and agrees that the Recipient may offset funds due and payable to the Sub-Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub-Recipient via the entry of notes in FloridaPA,org 20 c, All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard o Tallahassee FL 32399-2100 d In accordance with Section 215.34(2)„ Florida Statutes„ if a check or other draft is as returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15,00 or 5%, � . of the face amount of the returned check or draft,whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the 0 information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,, -19 U) in any later submission or response to a Division request, or in any submission or response to fulfill the 0 requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall„ at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable„ then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. Packet Pg. 1054 G.3.a N' ' d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S.C. Section 12101 et-seq. ,which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,,subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25„000.00 for a period of 36 months from the date of being placed on the convicted vendor list 2 or on the discriminatory vendor list, f. Any Sub-Recipient which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals' M i. Are not presently debarred, suspended„ proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency, ii, Have not,within a five-year period preceding this proposal been convicted of o or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining„ attempting to obtain„ or performing a public(federal, state or local)transaction or contract under public as transaction;, violation of federal or state antitrust statutes or commission of embezzlement, theft,forgery, . bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii, Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any offenses enumerated in paragraph 0 (22)f. i'i. of this certification; and, -19 U) iv, Have not within a five-year period preceding this Agreement had one or more 0 public transactions (federal„ state or local)terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C)for the Sub-Recipient agency and each intended subcontractor which Sub-Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the Packet Pg. 1055 G.3.a 0 provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers„ constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the immigration and Nationality Act ("INA'")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation 0 of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by 2 the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required M under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION 0 a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. E b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids as appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant . or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch,or a state agency.°"' c. No funds or other resources received from the Division under this Agreement may be 0 used directly or indirectly to influence legislation or any other official action by the Florida Legislature or -19 U) any state agency. 0 d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief, i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient„ to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation„ renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii- If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress„ an officer or employee of Congress„ or an employee of a Member of Congress in Packet Pg. 1056 G.3.a 21 connection with this Federal contract, grant, loan or cooperative agreement,the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions. iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not 2 more than$100,000 for each such failure. (24)COPYRIGHT PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING M UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY U RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY o TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. E a. If the Sub-Recipient has a pre-existing patentor copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides . otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement,or in any way connected with it, the Sub-Recipient shall refer 0 the discovery or invention to the Division for a determination whether the State of Florida will seek patent -19 U) protection in its name. Any patent rights accruing under or in connection with the performance of this 0 Agreement are reserved to the State of Florida. If any books„manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty(30)days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24)b have the right to all patents and copyrights which accrue during performance of the Agreement, d. If the Sub-Recipient qualifies as a state university under Florida law„then, pursuant to section 1004 23„ Florida Statutes,any invention conceived exclusively by the employees of the Sub- Packet Pg. 1057 G.3.a 2 Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions,that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. 0 The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. 0 (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as M defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal 0 Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: as During the performance of this contract, the contractor agrees as follows: . i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national -19 origin. Such action shall include, but not be limited to the following: U) employment, upgrading, demotion, or transfer;. recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training„ including apprenticeship. The contractor agrees to post in conspicuous places„ available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,,state that all qualified applicants will receive considerations for employment without regard to race„color,, religion, sex, or national origin,. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Packet Pg. 1058 G.3.a 2 iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractors noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, 2 regulations, or orders, this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared U) ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence 0 immediately preceding paragraph (1)and the provisions of paragraphs (1)through(7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,, 1965„ so that such provisions will be binding upon each subcontractor or vendor. The M contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. .� provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request o the United States to enter into such litigation to protect the interests of U) the United States. 0 C b, The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided„ that if the applicant so participating is a State or local government, the above equal a opportunity clause its not applicable to any agency„ instrumentality or subdivision of such government which does not participate in work on or under the contract.. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules„ regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance„ and that it will otherwise assist the administering agency in the discharge of the agency primary responsibility for securing compliance... Packet Pg. 1059 G.3.a 24 d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order, In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel;,terminate„ or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the 2 Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will M incorporate or cause to be incorporated into any contract for construction work„ or modification thereof,; the following clause: 0 i. Contractor. The contractor shall comply with 18 U.S.C, §874, 40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require„ and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.. .� The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with al of these contract clauses. o 19 U) ilia Breach. A breach of the contract clauses above may be grounds for termination of the contract,, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5,12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$100„000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty(40) hours, Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week, The requirements of 40 U,S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,, hazardous or dangerous. These requirements do not apply to the Packet Pg. 1060 G.3.a 251 purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.G. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). 0 (30)SUSPENSION AND DEBARMENT 0 Per 2 C.F.R. 200.213 Suspension and debarment, non-Federal entities are subject to the U) non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal M assistance programs or activities, If the Sub-Recipient,,with the funds authorized by this Agreement, enters into a contract, 0 then any such contract must include the following provisions, i. This contract is a covered transaction for purposes of 2 C.F.R. E pt- 180 and 2 C,F.R� pt. 3000, As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C F,R § 180,.940)or disqualified (defined at 2 C.F.R. § 180.935). i. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C„F„R, pt. 3000,subpart C and must inciVude a requirement to comply with these regulations in any lower tier covered transaction it enters into. -19 19 iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer, The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause Byrd Anti-Lobbying Amendment,31 U.S C. § 1352 (as amended). Contractors who apply or bid for an award of$100„000 or more shall file Packet Pg. 1061 G.3.a 6 the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure 0 goods or services, then, in accordance with 2 C.F.R. §200,321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: o i. Placing qualified small and minority businesses and women's business M enterprises on solicitation lists„ g, ii. Assuring that small and minority businesses„and women's business 0 enterprises are solicited whenever they are potential sources;, iii. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; a c iv, Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; v, Using the services and assistance,; as agoropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of U) Commerce-, and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting,„"does not impose an obligation to set aside either the solicitation or award of ca a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out and � document the six affirmative steps identified above. c. The"socioeconomic contracting"requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses„, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into Packet Pg. 1062 G.3.a 27 smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures(e.g. "project splitting"). (33)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment E, 0 0 U) 0 2 0 E C M a 0 19 U) 2 0 C C 0 Packet Pg. 1063 G.3.a 28 IN WITNESS WHEREOF„ the parties hereto have executed this Agreement.. SUB-REC7titte: 67oj� COUNTY � C!E!!ICBy; ��Name and DEIVW CLERK Date oLf 2 I FEID#59-6000749 0 0 U) STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: 0 Name and Title:Wesley Maul„ Director E Date: ° 0 19 U) 2 MONROE COUNTY ATTORNEY APP 0 EI?AST FORM: CHRISTINE LIMBERT BARROWS ASSISTANT COjt TTORNEY DATE: ca Packet Pg. 1064 G.3.a 9 EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $2,858,535,94 c U) THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,, as amended, 42 U.S.C. 5121 et seq,„ and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1 2017) 0 Federal Program: E 1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Public .� Assistance Program and Policy Guide„ 2017 and approved Project Worksheet(s). Eligible work is classified into the following categories: Emergency Work -19 Category A: Debris Removal Category B: Emergency Protective Measures c Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities Category E, Public Buildings and Contents Category F; Public Utilities Category G: Parks„ Recreational, and other Facilities 2, Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement,, or will be in violation of the terms of the Agreement. NOTE:Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included on pg. 1 of this subgrant agreement and in Exhibit 1 be provided to the Sub-Recipient. Packet Pg. 1065 G.3.a 3�0, Attachment A Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW)that the Federal Emergency Management Administration(FEMA) has obligated for a Sub-Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s)that have been obligated are: DR-4337 Sub-Recipient: MONROE COUNTY PW Cat Project Title Estimated Fed Federal State Local Total Funding # Total % Share Share Share 0 22(0) B Force Account $Z667,613.65 100% $2,667,613.65 0 0 $2„657,613.65 Labor first 30 days U) 39(0) B Fire Rescue $106,465 29 100% $106„465.29 0 0 $106,465,29 Medical Supplies o 4 i(0) 8 Temporary $60,,949 50 100% $60,949.50 0 Q $60,,949.50 M Sanitary Facilities g, Rentals for 100 48(0) B Temporary $23,507.50 100R $23,507 50 0 0 $23,,507.50 0 fence � ..................._... a 0 19 U) 0 ................................ DIP-4337ToW ,056,53594 Packet Pg. 1066 G.3.a 31 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scone of Work Complete eligible Projects for emergency protective measures, debris removaill„ repair or replacement of Disaster damaged facilities. When FEMA has obligated funding for a Sub-Recipient's PW,the Division notifies the Sub-Recipient with a copy of the PW(or P2 Report) A Sub-Recipient may receive more than one PW and each will contain a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will o be monitored,completed and reimbursed independently of the other Projects which are made part of this Agreement. U) Deliverables o Large Projects Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large 2 Project costs shall be based on the percentage of completion of the individual Project, Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. o Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment. Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon- • Timely submission of Quarterly Reports(due 30 days after end of each quarter)- • Timely submission of invoices (Requests for Reimbursement)at least quarterly and supported by documentation for all costs of the project or services. The final invoice shall be submitted within — sixty(60) days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph 7 of this agreement. -19 19 • Timely submission of Request for Final Inspection (within ninety(90)days of project completion— for each project). • Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA)forms G702 2 and G703, as required below. :r A.Affidavit, The Recipient is required to submit an Affidavit signed by the Recipient's project personnel with each reimbursement request attesting to the following: the percentage of completion of the work that the reimbursement request represents,that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Recipient shall provide a copy of the American Institute of Architects(AIA) form G702, Application and Certification for Payment, or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer„ and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division Packet Pg. 1067 G.3.a 32 Five percent(5%)of the total eligible amount(including Federal, state and local shares)will be withheld from payment until the final Request for Reimbursement(or backup for advance expenditure)has been verified as acceptable by the Division's grant manager„which must include dated certification that the Project is 100% complete. Further, all required documentation must be available in FloridaPA,org prior to release of final 5%,to 'include permits„ policies&procedures, procurement and insurance documents. Small Projects Small projects will be paid upon obligation of the Project Worksheet. Sub-Recipient must initiate the Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA,org,, selecting the Sub-Recipient's account„ then selecting'Create New Request'„ and selecting 'New Small Project Completion/Closeout', Complete the form and 'Save°. The final action is to Advance the form to the next queue for review. Financial Consequences: 20 For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal, state and local requirements,the Division shall withhold a portion of the funding up to the full amount. Any funds advanced to the Sub-Recipient will be due back to the Division, 0 E a 0 19 U) 2 0 Packet Pg. 1068 G.3.a 33 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. o 0 CONTRACTOR By. ......... __._._----------.-.---.-.-._----- Signature Sub-Recipient's Name �3 Name and Title DEM Contract Number Street Address FEMA Project Number City, State Zip Date 0 19 U) 2 0 Packet Pg. 1069 G.3.a 34 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access the FloridaPA.org system in order to enter notes„ review notes and documents, and submit the documentation necessary to work the new event.. The Designation of Authority Form is originally submitted as Attachment"D"to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted„ all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the system, not supplemented.All users must log in on a monthly basis to keep their accounts from becoming 2 locked. 0 Instructions for Completion c Complete the form in its entirety,,listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted access.The user must log in to the FloridaPA.org system within 12 hours of being notified or their c account will lock them out. Each user must log in within a 60-day time period or their account will lock them o out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. E_ The form is divided into twelve blocks; each block must be completed where appropriate. . Block 1: "Authorized Agent"—This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this .� person will have full access/authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all 19 correspondence and is our main point of contact.This contact will be responsible for answering questions, U) uploading documents, and submitting reports/requests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed and this contact will have full access). Block 3: "Alternate Agent"--This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance, and Environmental- ca Historic).. Providing these contacts is essential in the coordination and communication required between state and local subject matter experts.. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7—12: "Other" (Read Only Access)—There is no limit on"Other"'contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information, This designation is only for situational awareness purposes as individuals with the"Other Read-Only" designation cannot take any action in FloridaPA.org. Packet Pg. 1070 G.3.a 35 DESIGNiXTION OF AUTHORITY(AGENTS) FE*%IAIGR.AN1'EE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY NIANAGENIENT Sub-Grantee: Box 1: Authorized Agent(full Access) Box 2: Primary Agent(Full Access) Agent's Name Agent's Name Signature Signature Organization P Official Position Organization(Official Position Mailing.Address Nlathng Adchtaws City,State,Zip Crt)",Stale,Zip Daytime Telephone Dat time Telcphonmt t7 E-mail Addres:!r, E-mail Addre°es t) Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Accesa4) � Agent's Name Oliacial"'s Name 0 Signature Signature 2 Organization�Official Position Organization I Official Position O Mailing,Address Mailing Address 0 City State„Zip 1 City,State,Zip Daytime Telephone Da}tin me Tcl epone E-mail Address E-mail Address O a Box S: Other-Risk Nigmt-Insuranee(Full Access) Box 6: Other-Environmental-Historic(full Access) _ Agent's Name Agent's Name Signature Signature Organtaatmon�Ofhcml Position Organization I Official Position U) Mat lmng Address tvtailmg Address 0 Cu)„State„7_tp Cuy„State,71p Da)Iime Telephone Daytime Telephone E-mail Address E-mail Address The above Primal}and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the � purpose of obtaining certain Grantee and Federal financial assistance under the Robert T Stafford Di ter Rchcf c&Emergency Assistance Act,,(Public U,%% 93-288 as amended)or otherwise a>ailable,These agents am authorized to represent and act ror the Sub-Grantee in all dealings wth the State of Florida, Grantee,for all matters pertaimng to such disaster assistance previously signed and executed b) the Grantee and Sir -grantee Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents, .. ............... Suh-Grantee Authorized Agent Signa ture ...._ Date Packet Pg. 1071 316 DESIGNATION OF AUTHORITY(AGENTS) FEMA/CRANTEE PUBLIC ASSISTANCE PROGWVNI FLORIDA DIVISION OF EM ERG ENCYMANAG EM ENT Sub-Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization t Official Position Mailing Address Mading Address City,State,Zip City,State,Zip C 0 Daytime Telephone Dayfime'relephone 0 E-mail Address E-mail Address ) Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) 0 Agcm's Name Official"s Name Signature Signature Organization/Official Poiksm Organization, Official Position Mailing Address Mailing Address 0 City,State,Zip City,State,Zip E Daytime Telephone Daytime Telephone C E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature 0 Organization/Ofticial Position Orgam7autinI Official Position U) Mailing Adilre%s Mailing Address 0 C City,State,Zip City,Stale,Zip Daytime'l"clephonc Daytime Telephone C 0 _GmaiAddress E-mail Address E Sub-Grantee's Fiscal Year(FY)Start: Month: Day: Sub-Grantee's Federal Employ ces Idenlifical ion Number(El N) ............... Sub-Grarffcc's Grantee Cognizant Agency for Single Audit Purposes, Florida Division or Emergency Management ............... ............. Sub-Grantee's: HIPS Number(If Known) NOTE- This Corm should be rc%iewed and necessary updates should be made each quarter to maintain efficient communication and conomary throughout staff turnover Updates may be made by email to the state team assigned to 5-our account A new form will wanly'be needed if all authorized irepresentain,es have separated front your agency, Be a%%-dFC that submitting neuDLsignation of Authority affects the contacts that Ila%c been listed on previous Designation forms in that the information in FloridaPA orgkvill be updated and the contacts listed above%%M replace,not supplement,the contacts on the pre%rous list RE%' 09-09-2017 DISCAM1111MVIOUSVERSIONS Packet Pg. 1072 G.3.a 3 Attachment E STATEMENT OF ASSURANCES 1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No.A-21, A-87,A-110,A- 122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this Federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub-Recipient's governing body,authorizing the filing 2 of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. bw To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which t3 Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.,R. §206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance M is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. as 3) The Sub-Recipient further assures it willm . a, Have sufficient funds available to meet the non-Federal share of the cost for construction projects.. Sufficient funds will be available when construction is completed .� to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost. 0 b, Refrain from entering into a construction contract(s)for the project or undertake other -19 19 activities until the conditions of the grant program(s) have been met, all contracts meet Federal, State, and local regulations, o c, Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to t3 the approved plans and specifications„and will furnish progress reports and such other information as the Federal grantor agency may need. d, Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f, Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding, g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for Packet Pg. 1073 G.3.a '8 themselves or others,particularly those with whom they have family,business,or other ties. h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i„ consulting with the State Historic Preservation Officer on the conduct of investigations„ as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties, o i, Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records„ books„ papers, or documents related to the grant. j. With respect to demolition activities: 0 i. create and make available documentation sufficient to demonstrate that the Sub-Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii� return the property to its natural state as though no improvements had been contained thereon;; o co iii, furnish documentation of all qualified personnel„ licenses, and all equipment M necessary to inspect buildings located in Sub-Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present„ and/or hazardous materials present; v. provide supervision over contractors or employees employed by the Sub- o 19 Recipient to remove asbestos and lead from demolished or otherwise U) applicable structures; 2 0 vi, leave the demolished site clean, level„ and free of debris;; vii, notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work: viii. obtain all required permits; ix, provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site,, and provide documentation of such closures,„ x. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; xi. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii, provide documentation of public notices for demolition activities. Packet Pg. 1074 G.3.a 3,9 k Require facilities to be designed to comply with the"American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped,," Number A1171-1961,, as modified. The Sub-Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor... 1, Provide an Equal Employment Opportunity Program, if required to maintain one,where the application is for$500„000 IN:or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period„ begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, g religion, national origin,sex, or disability against a recipient of funds,forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. o U) 4) The Sub-Recipient agrees it will comply with the: a, Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of o persons displaced as a result of Federal and Federally-assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq.which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c, Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief E appropriations, and employment„contributions,, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and _ laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. 19 f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least U) the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs"of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards.The phrase Packet Pg. 1075 G.3.a () "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate,subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. j, Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable„ adequate and necessary to protect against further loss to any property which was replaced,, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility, k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968„ as amended„ the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act„ as appropriate„ the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all 2 other applicable Federal laws„ orders, circulars, or regulations, and assure the compliance of all,its Sub-Recipients and contractors. 1, Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part o 18„Administrative Review Procedure,; Part 20µ Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical information; Part 23, 2 Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review t3 of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,,, as amended, or Victims of Crime Act (as appropriate); Section 504 of the o 19 Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with U) Disabilities Act(ADA) (1990),; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations; and Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub-Recipients and contractors. p, Provisions of Section 311, P.L. 93-288 and with the Civil Rights Act of 1964 (P.L. 83- 352) which„ in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race, color, or national origin„ be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub-Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub-Recipient„ this assurance shall obligate the Sub-Recipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits,. q, Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. Packet Pg. 1076 G.3.a V r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; 0 v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; o U) vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; o viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ca ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated o October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. E u. The provisions of all Executive Orders including but not limited to: h Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto;which provide that no person shall be discriminated against on the basis of race:, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federatl' assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffltermination; rates of pay or other forms of -19 19 compensation„ and election for training and apprenticeship.. ii. EO 11514 (NEPA). iii. EO 11738(violating facilities). iv EO 11988(Floodplan Management). v. EO 11990(Wetlands). E vi,. EO 12898 (Environmental Justice). 5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. Packet Pg. 1077 G.3.a 2 This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance.This assurance is binding on the Sub-Recipient,its successors„transferees„ and assignees FOR THE SUBGRANTEE/SUB-RECIPIENT : r d Signature 0 Tina Boan, Sr Director Budget& Finance 0 310 5/2 0 1 8 Printed Name and Title Date 2 0 0 E C M a 0 19 U) 2 0 C C 0 Packet Pg. 1078 G.3.a 43 Attachment F Election of Participation in Public Assistance Alternative Procedures(PAAP) Pilot Program Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division B of P.L. 113-2), execution of a Supplemental Funding Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub- Recipient prior to the payment of such funds by the State as the Recipient, Payments processed under the Alternative Procedures provisions will be requested as an advance and are exempt from advance requirements covered by Section 216.181(16);, Florida Statutes. They will, however,, be treated as an advance for purposes of Requests for Reimbursement(RFRs)and satisfaction o of the requirement that ninety percent(90%)of previously advanced funds must be accounted for prior to receiving a second advance- U) In order to elect to participate in the PAAP program for one of the following options, you must read the Guidance found at r2s:// .fe a,gov/alterna e-procedures and then complete the required documents on the following pages. The documents can be found under the Permanent Work section of o the webpage in editable -pdf format if preferred. PAAP for Debris Removal Cate o A Required Documents: g, • Public Assistance for Alternative Procedures Pilot Program for Debris Removal o Acknowledgement httpsJ/www fema.gov/media-librarv-data/l 50 811 656 9- 4 f a9 e3e22d 50 563b b62e 1/APPENDIX A Revised for limited sli ina scale -23- 17. f C M PAAP for Permanent Work(Categories C-G Required documents: • Fixed Subgrant Agreement Letter tos// .fema.aovl a ia-library® at 138 15 7 38 ea7 6cae b04 c37127 f722/50 Alternative Procedures ilot Pro ra er an ent Work FixedSub rant Agreement etter%201 -13-1 f -19 U) 2 • Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement https://www.f(Ima.aov/media-libra!y-datall edia-li ra -dat 1 8 155 0 544- 11629c78f8308b5c4l2Odebl35460129/PA Alternative Procedures Pilot Proaram Permanent Work Acknowledggmgni5i2212:12:11_p!;Lf - C 0 All PAAP Related Documents(guides, Fact Sheets, Standard Operating Procedures, FAQs,Archived Docs, etc.) may be found at: ttgs°11 feMil ciov/media-lit)rappElgaasase2tisE/dgogcguments/115868 Note:PAAP Pilot Program Guide for Debris Removal(Version 5)published June 28, 2017 contains the following changes: The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for one year to June 27, 2018. As part of the extension, FEMA will only authorize the sliding scale provision in events with significant debris impacts.The other three provisions available under the Pilot remain unchanged. For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot°s sliding scale provision to high impact incidents that meet the following criteria: nigh concentration of localized damage; Packet Pg. 1079 G.3.a 44 large quantities of debris (over$20M or 1.5 million cubic yards); and disasters declared very soon after the incident(8 days)to incentivize rapid debris removal. This guide is applicable to disasters declared on or after June 28, 2017.The changes to the sliding scale provision are applicable to disasters declared on or after August 28, 2017. This version of the pilot guide supersedes the previous pilot guide for debris removal(W)which was published June 28, 2016. 0 0 U) 0 0 E C M a 0 19 U) 2 0 C C 0 Packet Pg. 1080 G.3.a 45 Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency(FEMA) is implementing alternative procedures for the Public Assistance(PA) Program through a pilot program.. As a representative of the subrecipient, we elect to participate in the following: o Accelerated Debris Removal-increased Federal cost share (sliding scale) x Recycling Revenue(subrecipient retention of income from debris recycling without a award offset) x One-time incentive for a FEMA-accepted debris management plan and identification of at least one pre-qualified contractor 0 x Reimbursement of straight time force account labor costs for debris removal U) 1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its debris removal subawardsa o 2. For the sliding scale,,the subrecipient accepts responsibility for any costs related to debris operations after six months from the date of the incident unless, based on extenuating circumstances, FEMA grants a time extension. 3, The subrecipient acknowledges that FEMA may request joint quantity evaluations and details E regarding subrecipient operations necessary to assess the pilot program procedures.. 0 C 4. All contracts must comply with local, state, and Federal requirements for procurement, including provisions of 2 CFR Part 200. 5. The subrecipient must comply with all Federal, state and local environmental and historic preservation laws, regulations, and ordinances. E 0 19 6. The Office of Inspector General may audit any subrecipient and/or subaward. U) 0 1 12018 C Signaturd of Subrecipient's Authorized Representative Date C Tina Boan, Sr. Director Budget& Finance 0 Printed Name and Title Monroe County Sub-Recipient Name PA ID Number 13 We elect to not participate in the Alternative Procedures for Debris Removal. Packet Pg. 1081 G.3.a 46 FIXED SUBGRANT AGREEMENT LETTER DATE; To Address: To FEMA: As a Public Assistance(PA) Sub-Recipient (PA ID )„ in accordance with Section 428 of the Robert T. Stafford Disaster 0 Relief and Emergency Assistance Act, we agree to accept a permanent work subgrant based on a fixed U) estimate in the amount of$ for subgrant number (copy attached) under Disaster## We accept responsibility for all costs above the fixed estimate. We understand that by participating in this pilot program we will be reimbursed for allowable costs in accordance with 44 CFR§ 13.22(b)—'Applicable cost principles', the reimbursement will not exceed the 0 fixed estimate.We also understand that by agreeing to this fixed estimate, we will not receive additional funding reltated to the facilities or sites included in the subgrant.We also acknowledge that failure to comply with the requirements of applicable laws and regulations governing assistance provided by FEMA and the PA alternative procedures pilot program guidance(such as procurement and contracting; a environmental and historic preservation compliance; and audit and financial accountability) may lead to loss of Federal funding. 0 19 U) Signature of Sub-Recipient's Authorized Representative Date 2 0 C Printed Name and Title C 0 Signature of Grantee's Authorized Representative Date Printed Name and Title Packet Pg. 1082 G.3.a 47 Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013,the Federal Emergency Management Agency(FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program.As a representative of the Sub-Recipient, our agency understands the following:. 1.We plan to participate in the following elements: E) Subgrants based on fixed estimates, and as the Sub-Recipient, accept responsibility for costs above the estimate (D Consolidation of multiple fixed subgrants into a single subgrant FEMA validation of Sub-Recipient-provided estimates o U) (E) Elimination of reduced eligible funding for alternate projects Use of excess funds W h Review of estimates by an expert panel for projects with a Federal share of$5 million or greater 2: The pilot is voluntary,, and a Sub-Recipient may participate in alternative procedures for one or more Pry rY�� P� Y P P P � large project subgrants: 3. If the Sub-Recipient accepts a fixed subgrant estimate,the Sub-Recipient understands they are M responsible for all costs greater than the fixed amount, E_ 4. The Sub-Recipient agrees to notify the Grantee regarding the specific use of excess funds. . 5 All contracts must comply with local, State, and Federal requirements for procurement, including provisions of 44 CFR Part 13. .- 6. The Office of Inspector General may audit any Sub-Recipient and/or subgrant. 0 19 7. EHP review must be completed for all subgrants, including cases where new scopes of work would U) require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this requirement may lead to loss of Federal funding. 0 8. The Sub-Recipient may submit appeals in accordance with 44 CFR§206.206. However, FEMA will not gj consider appeals solely for additional costs on fixed subgrants. Signature of Sub-Recipient's Authorized Representative Date ca Printed Name and Title Sub-Recipient Name PA ID Number We elect to not participate in the Alternative Procedures for Permanent Work. Packet Pg. 1083 G.3.a 48 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'S/RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM t Florid aPA.orgl Sub-Recipient s must use the Grantee's/Recipient's web-based project management system, FloridaPA.org, (available at www.FloridaPA.org)to access and exchange project information with the State throughout the project's life.This includes processing advances,reimbursement requests,quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient. o The Sub-Recipient is required to have working knowledge of the FloridaPA,org system,, 0 U) PROJECT DOCUMENTATION The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate o closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests 2 for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.,org website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one(1) PW. o The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement„ E including documentation of all program costs, in a form sufficient to determine compltiance with the as requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five(5) years from the date of the Sub-Recipient account closeout by FEMA. a The five (5),year period is extended if any litigation,,claim or audit is started before the five(5) year period expires, and extends beyond the five(5) year period, The records must then be retained until all litigation, claims„, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at$5,000°0 or more at the time it 19 is acquired must be retained for five(5)years after final account closeout. U) 2 Records relating to the acquisition of real property must be retained for five (5) years after final account closeout, � INTERIM INSPECTIONS Interim Inspections may be requested by the Sub-Recipient„on both small and large projects, to: i. conduct insurance reconciliations, ii. review an alternate scope of work,; iii. review an improved scope of work; and/or iv. validate scope of work and/or cost. Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under the following conditions. i, a quarterly report has not been updated between quarters; i , the Sub-Recipient is not submitting Requests for Reimbursement (RFR's) in a timely manner,; Packet Pg. 1084 G.3.a 49 iii. requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and/or iv. there are issues or concerns identified by the Recipient that may impact funding under this agreement. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub-Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub-Recipient should notify the Recipient within sixty(60)days of Project completion. The Sub-Recipient should include the following information with its closeout request: • Certification that project is complete„ • Date of project completion; and • Copies of any Recipient time extensions. Large Projects 0 With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA°s original approval„ the final eligible amount for a Large Project is the actual 2 documented cost of the completed, eligible SOW, Therefore,, upon completion of each Large Project that g, FEMA obligated based on an estimated amount; the Sub-Recipient should provide the documentation to support the actual costs, If the actual costs significantly differ from the estimated amount,the Sub- o Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. if the project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub-Recipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the 0 funds in accordance with the eligibility criteria described in the PAPPG Chapter 2:VII.G and guidance -19 provided at http.1/www.fema,aov/alternative-orocedures. U) 0 Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub-Recipient did not complete the approved SOW;. • The Sub-Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions„ or • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. If none of the above applies, the Sub-Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects„ In this case,.the Sub-Recipient must request the additional funding through the appeal process„ described in the Packet Pg. 1085 G.3.a 0 PAPPG Chapter 3:IV.D, within sixty(60)days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is 6 months from the declaration date. The deadline for Permanent Work is 18 months from the declaration date. ; , U) type`of Work Months Emergency Work 6 0 Permanent Work 18 M �s If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a time extension to the Recipient with the o following information: • Documentation substantiating delays beyond its control; E • A detailed justification for the delay; • Status of the work; and • The project timeline with the projected completion date a The State(FDEM) has the authority to grant limited time extensions based on extenuating circumstances or unusual project requirements beyond the control of the Sub-Recipient. It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months. 19 FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating U) circumstances justify additional time, This applies to all projects with the exception of those funded under the PAAP Accelerated Debris Removal procedure and projects for temporary facilities. With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating circumstances beyond the Applicant"s control, • Permitting or EHP compliance related delays due to other agencies involved Environmental limitations (such as short construction window) ca • Inclement weather(site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for any project that the Applicant does not complete, if the Applicant completes a portion of the approved Packet Pg. 1086 G.3.a 1 SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the Applicant did not restore. Request should be submitted prior to current approved deadline„ be specific to one project, and include the following information with supporting documentation; • Dates and provisions of all previous time extensions • Construction timeline� project schedule in support of requested time • Basis for time extension request- Delay in obtaining permits • Permitting agencies involved and application dates Environmental delays or limitations(e.g., short construction window, nesting seasons) • Dates of correspondence with various agencies ■ Specific details • Inclement weather(prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) CD Specific details • Other reason for delay C) Specific details Submission of a request does not automatically grant an extension to the period of performance. Without an approved time extension from the State of FEMA(as applicable), any expenses incurred outside the P,O P, are ineligible. E INSURANCE The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits.The Sub-Recipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4)and 19 312 (c). U) 2 As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206 252-253, for damaged o facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than$5,000M. In addition to the preceding requirements, the Sub-Recipient under-stands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to§311 of the Stafford Act.As stated in the Stafford Act,"Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub- Recipient to purchase and maintain insurance,where that insurance is"reasonably available„, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states "If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or deobligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable facility,the Regional Administrator may modify or waive the requirement in conformity with the certification. The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C,.F„R. §§206,252-253,. Packet Pg. 1087 G.3.a 2 The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. DUPLICATION OF BENEFITS The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever. The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits,from any source, for any damage identified on the applicable Project Worksheets, for which the Sub-Recipient has received payment from the Recipient. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. In the event the Recipient determines the Sub-Recipient has received duplicate benefits,the Sub-Recipient gives the Grantee/Recipient and/or the Chief Financial Officer of the State of Florida,the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due o and payable to the Sub-Recipient, and to use such remedies as may be available administratively, at law,: or at equity, to recover such benefits. E COMPLIANCE WITH PLANNINGIPERMITTING REGULATIONS AND LAWS The Sub-Recipient is responsible for the implementation and completion of the approved projects described .� in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. 0 If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and -19 19 any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the 2 local government comprehensive plan, The Sub-Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including„ but not limited to, the National Environmental t3 Policy Act and the National Historic Preservation Act. The Sub-Recipient must engage such competent, properly licensed engineering, environmental, E pP P P Y � archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. FUNDING FOR LARGE PROJECTS Although Large project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs- Funds are made available to the Sub-Recipient when work is in progress and funds have been expended with documentation of costs available, When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration for final funding adjustments(See Closeouts). The submission from the Sub-Recipient requesting this reimbursement must include, a) a Request for Reimbursement(available in FloridaPA.org), Packet Pg. 1088 G.3.a 3 b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents,insurance policies,, payroll records,daily work logs, invoices, purchase orders,and change orders), and c) the FDEM Cost Claim Summary Workbook(found in the Forms section of FloridaPA.org),along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure),, purchase orders, etc. ADVANCES Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment, Notwithstanding Paragraph 9)� Funding, in the Agreement, these payments are not bound by Section 216„181(16), Florida Statutes; 1 For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87,A-110, A-122„and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the o Recipient as often as practicable, but not later than ten(10)business days after the close of each calendar M quarter., 3 In order to prepare a Request for Advance (RFA) the Sub-Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and o co subcontractors without unnecessary delay, The Sub-Recipient must prepare and submit a budget that M contains a timeline projecting future payment schedules through project completion. E 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. . 5. The Sub-Recipient must complete a Request for Reimbursement(RFR)via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project.. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Work sheet for which the Advance was received. 19 6. if a reimbursement has been paid prior to the submittal of a request for an advance payment, an U) Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share„ only if the Sub-Recipient meets the following conditions: �3 a) the Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Sub-Recipient must submit to the Recipient the budget supporting the request., 8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety(90) days after receipt of the Advance; 9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub- Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient was improper. Packet Pg. 1089 G.3.a 41 DESIGNATION OF AGENT The Sub-Recipient must complete Attachment D by designating at least three agents to execute any Requests for Advance or Reimbursement,certifications,or other necessary documentation on behalf of the Sub-Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub-Recipient's agency, a designation of authority form will be needed to change contacts. 0 NOTE. This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. DUNS O&A What is a DUNS number? 2 The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number g, provided by Dun &Bradstreet(D&B). The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. o Who needs a DUNS number? E Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun &Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m.,, local time in the 48 contiguous states and speak to a D&B representative. This process will take approximately 5—10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 19 U) What do I need before I request a DUNS number? Before you call D&B, you will need the following pieces of information: c • Legal Name ■ Headquarters name and address for your organization • Doing business as (dba)or other name by which your organization is commonly recognized • Physical address • Mailing address(if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? New regulations taking affect Oct. 1,2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications, The DUNS number will offer a way for the Federal government to better match information across all agencies, Packet Pg. 1090 G.3.a ;' How do I see if my institution already has a DUNS number? Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D&B will tell you if your organization already has a number assigned. If not, they will ask if you wish to obtain one. Should we use the+4 extension to the DUNS number? Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. Does the DUNS number need to be included on individual fellowship applications? Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the application. Individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. What does the DUNS number have to do with the Central Contractor Registry(CCR), soon to be the Business Partner Network(BPN)? o Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically E through Grants gov, Your organization will need a DUNS number in order to register in the CCR„ The CCR is the central registry for organizations that have received Federal contracts, If your organization has received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that your organization information is up to date. For more information about the CCR, please visit the CCR web site at:www,ccr.gov. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use o 19 only that number. U) 2 Does this apply to non-US organizations? Yes, this new requirement applies to all types of grantee organizations including foreign, non-profit;,,for profit as well as for state and Federal government agencies. Does this apply to non-competing progress reports? No. This new requirement applies only to competing applications. Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non-profit organization they may operate are exempt from this requirement. Also individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution.This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions, Typically this request would come from the finance/accounting department or some other department that conducts business with a large cross section of the institution, Packet Pg. 1091 G.3.a f We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included in any marketing list. What can we do? Inclusion on a D&B marketing list is optional. If you do not want your nametorganization included on this marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact If we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement„ contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at Substitute Form W-9 20 For the purpose of this Agreement, a Sub-Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9,The purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number(TIN), official entity name, a business designation sole proprietorship, corporation„ partnership„etc.)„ and other taxpayer information to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements, the State willi not accept the Internal Revenue Service Form W-9. Co Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and Cu services or make payments to any vendor that does not have a verified Substitute W-9 on file with the Department of Financial Services..Vendors are required to register and submit a Form Wµ9 on the State's Vendor Website at https°/Iflvendor,m oridacfo.com, M a 0 19 U) 2 0 C C 0 Packet Pg. 1092 G.3.a 517 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26„ 2006, The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision, The FFATA legislation requires information on Federal awards (Federal assistance and expenditures)be made available to the public via a single, searchable website„which is http 11www usase ding. ovl. The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency o Management ("FDEM"or'Division") must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate$25,000 or more in Federal funds 2 (excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery and Reinvestment as Act of 2009, Pub„ L. 111-5)„ 0 Note:This'Instructions and Worksheet' is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion, All pertinent information below should be fipled out,,signed, and returned to the project manager, 0 ORGANIZATION AND PROJECT INFORMATION cc cu The following information must be provided to the FDEM prior to the FDEM's issuance of a sub- award (Agreement)that obligates$25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. cu a PROJECT#:. I141A Do incjLc�MiL�llE to FUNDING AGENCY; Federal Emergency Management Agency AWARD AMOUNT $ Fedeii sl s1hai e rniniu�ni rprolll U) „ ......,, ,.� M OBLIGATIONIACTION DATE: -,,,!da',k, ,,,;s, ,srd,�"!'d,,,,,,,�;�...:St ls:...!r,;,�f,,,,F,ll,r ii,i' , ,,,,,,,, 0 SUBAWARD DATE (if applicable): DUNS#: DUNS#+4: 'If your company or organization does not have a DUNS number, you will need to obtain one from Dun& Bradstreet at 866-705-5711 or use the web form (httpJ1fedgov.dnb.com/we for ). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME .......... DBA NAME(IF APPLICABLE); m...� .......... PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: Packet Pg. 1093 G.3.a ADDRESS LINE 2: � ADDRESS LINE 3. CITY STATE ZIP CODE+4" PARENT COMPANY DUNS#(if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#) DESCRIPTION OF PROJECT(Up to 4000 Characters) p g i om re pair or replacement of Disaster damaged facilities ete eli ible Pro ects for 0 0 PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ..........................._. ......... ..._..... ADDRESS LINE 2; W ._ .. .. M ADDRESS LINE 3 2 CITY �, ,,,, ,,,m , STAT",, ......... ....nn ..........................................................._._ E ZIP CODE+4"* 0 CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: M "Providing the Zip+4 ensures that the correct Congressional District is reported- EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide)receive(a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance(e.g, loans„ grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b)$25,000„000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts)and Federal financial -19 assistance(e.g. loans, grants„ subgrants„ and/or cooperative agreements, etc.) subject to the U) Transparency Act? Yes ❑ No❑ If the answer to Question t is "Yes,'"continue to Question 2. if the answer to Question ? is "No"; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your ca business or organization (including parent organization,all branches„ and all affiliates worldwide) through periodic reports filed under section 13(a),or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C, 78m(a), 78o(d))Section 6104 of the Internal Revenue Code of 1986? Yes❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpllwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL.COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" Packet Pg. 1094 G.3.a q appearing below to report the"Total Compensation"for the five(5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch, 1 Part 170 Appendix A: "Executive„ is defined as"officers„ managing partners, or other employees in management positions". "'Total Compensation" is defined as the cash and noncash dollar vaitue earned by the executive during the most recently completed fiscal year and includes the following., i. Salary and bonus, ii, Awards of stock, stock options, and stock appreciation rights, Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004) (FAS 123R)„ Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life„ health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. o V. Above-market earnings on deferred compensation which is not tax-qualified. M vi. Other compensation, if the aggregate value of all such other compensation (ewg, severance, termination payments, value of life insurance paid on behalf of the employee„ perquisites or property)for the executive exceeds$10,,000 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR E ('Date of Fiscal Year Completion ) m,� ............. c� Rank Total Compensation (Highest to Name for Most Recently Lowest Last First MI Title Com leted Fiscal Year 1 ............ as 2 ... .........._, m„ M 3 U) 0 5 .................................................. _.,.rnn,.n ,„nnnnrm E THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW„THE INFORMATION PROVIDED HEREIN 1S ACCURATE„ SIGNATURE. NAME AND TITLE„ DATE; Packet Pg. 1095 G.3.a 60 Attachment Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 CPR Part 200. It is the responsibility of the sub-recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 0 0 U) 0 0 E a 0 19 U) 2 0 Packet Pg. 1096 61 F1,20D,App.11 2 CFR CIL 11(1-1-17 Edition) agem.7,21 Federal awards any Include.Pro- awarding Money should ounmideg aVygGWhv* viding thim lafarrystlaft lots a potential ap, such as glying; pucaut Identify any requIrequento with 1.Valot--I voulocL Who as be reached In which If would Itere difficulty complying If multiple ways(e.g..by talcohme,VAX,and! Its applicsAlov,Is succenrul.In%hose cam or ehxdl,"well as rnalAr mall). early notillca%lob about the r equirtomew sa-, If. A its or a Address that multiple laws the IstLentlell spot I to damde act to People Wean.go that soubroft will respond A" or to take headed sculone before re. even if others mm unexpectedly Absent dur- calving sire Federal award. The tramunce- IRff critical parroda. meaL need not Include all of the serum and Ill.Different ode se for distinct kinds of condItloam of the Federall award. but laxy belp awe for itumlous of programmetia 0 "ter to a decurcent(with Inlywartatiom about coaWnk am a Secood for mindalstrativa how to sate It)or Internet sile whero Ap. qtlestlotw). P11cavus can oze the terno and coadItiom,it this goading opportunity will lead to FeckyAl H.OTHER WFOPWATIWI�OPMONAL 0 Awards With Wass special terms,and ooadl- This soction uny Include any Addittonal U) turnsIn"differ from the Federal swordbaC InFortentiou that will gugist a potential W wricy'n usual(somatirme called"central") pllczat,e For examle.the sectloo,wjEbL unau and conditions. this swites should I.Indicate whether this I&a now program highlight them spatial tarren and coddiUom or an •Dow Initiative. Doing no will wlert Applicants that have re- If.Mention related programs ar of ul. ceived Federal awards from the Federal wrolug or ongoing Federal a ng;agency 0 AWWrUbg agency previatuly mol ought not funding apporUmBles far similar activities. otherwise expect diffmot term and oondl- [if.Include cumat Internet addresses for UDW. For the *anw mounts, the Federal awarding agency Web sites that may ment should Inform potential iepplicarats be useful to no a In uaderstassibrig RhQQL OPOCW requirements that could apply the program to gwrlicular lenhawl wwarchy after the review IT-Uert Applicants to then to Identify of appUmIlons and tAhtr Information.lewied Mirletary Information and Inrona them on the particular chrournitances of tha offixt abcOok the way the Federal swartfing Agency to be supported(.4.>If human subjects Avve will handle It. 0 1.b.I wrolved.oc-If some situations may jka- V.ISCIIHIS CUSAMIS MUSA nQUOSS to appil- city&pKW ter no on Intellectual proyerty. to(ax-&bat the Fanned Government Is det&sharing W securky rah ate}, oc%obli"ted to make any Federal award sA 3, This section nout a result of the announcement or that Only feel general infamution about W type counts officers can bind the Federal Govern- finGmW or perfarnumoty, rMuencye mak.to the am wilt of funds), MW means of sutunissiom (Paper or elm, [79 FR 70M Ili„26,2012,"amended at so troaltr)of post-Iftederal award reporting re- M 4gyny,jury Eg,2qjSjj clu,irunnats.Highlight any spechd reporting tfi requirernants for Federal"ardo under this Ar landing opportunity that differ(e.iy_by re. FUNINX If To PART 20-ZoNTRAcT PROVUIONS FOR KON-FsDERAL E:Hri- roct type, froiluency" fornyhormst., or ar- TY CONTRACTa UNDM FEDERAL co nstloces for no*)ham What the Feeds MI awardlog Ubcancy"S Federal awards usually AWARDS require.Vneleral au'u'dincage heyes%nuot also In Addition too proviermte required by divacribe In this pecUum all relevant mqul"- the Federal ksoboy or noavroftral entity,all mate such m than at 2 CFR 180=and 2 ,.tracts =Ade by the ana-roderel Galuty CPR 11103K under the Federal award rnaa&contain provi- U the Federal @Luc of may Federal award d.m covering the ugjgmjag�"appliceble. 0 may Include nowe than MM over the pv• (A)Contracts for more th%a tail riod of perlarmmce, this pectlaft nvust Its QCqUISHION tbrMhold currently Met at U) hem potential apmeabu About the PO4t 1150=� which go the Inflation adjusted 2,Wwrd toporLing roqTdrermata veneered In smDunt detertataird by the Civilian Agency Appendix XU-Awud Term sad Condition Acqolsltlon Council and the Doleass Acqrrbd� 0 for Roolpkat Integrity and Perfornunco UOR ROCIII&SIONA C41MCII (CouncUffil am an. Matters. UKWjWd by 41 U.S.G.19m,Dam luldmn ad Q FEVELALAwARINN3 AGENCY CoxTAMS).— nHoNtrative,4xratraclual,or legal renmelies REQUIRED In tratubtew where cos Lass vlolato or branch contract terns.wW provide for such 'rho Samubcauxubt Innat give potentisd ale, muctlons WA penalthe as appropriate. pucants a potoul)of amtact Nor onswering I By All scantracts In excess of 316.000 ramu (IMSUOVA Or helping with"larna while the Address ter ntinstion for own*sany for con. funding opportunity Is open, The Intent of weWome by the son Federal axlLy including this requ ire rmat 93 to M ax belpffil As ma the tn&bher by which It will ba Lfluetas&M siblo to porNatial applicants,me the Federal the heuis&w 4kottl Ormuz 2W Packet Pg. 1097 6�2 OME Cuklance P1.200�App.11 (C) EQQM EmPlOYIneut OPV*rtmfl.11Y. EV Part 5).Under 40 U.S-C.W02 of the Act,each cePt us otherwise provided under 41 CFR contractor mant be required to compute the Part Q),all contracts that moat the donal wagon of every mechanic and laborer an the thou of"federally asslated construction can- is of a stamlard work weak of 40 hours. WACt"Its 41 CPR Part W-1,3 aVAL Include the Work In Gloom of the standard work week Is equal opportunity clause provided tinder 41 permissible provided that%be worker is oom- UM GD-1.4(b),in accordance with Executive pameted at a rate of not less then one and a Order 11M. -EQU11 Employment Copse, half thruis the is rate of ray For all houre Welty"(30 PR 1230,129X.0 CIFR Part.IN6 worked to excash of 40 hours In the work M5 Comp.,P• )®on amended by Executive week.The requirements of 40 U.6.0.3704 an Order 113M. "Arm leg Executive Order applicable t®construction work and provide 11M hating to Eqtud Employment Oppor that no laborer or mocksalc most be re tualLy.-and implementing regulations ILL 41 quired to work in surroundings or tinder CM part IS. ''Offlca at Federal Con b-act. working conditions which arm unsanitary. CoMplivace Prograim, Equal Employment hazardous or dangerous,Them requirements Opportunity,Dopurtment of Lsbor® do Got apply to the purchases of supplies or (D)Davis-Bacon Act.,as amended(40 U,S�C. materials or articles ordinarily available on .0 3141-3149),When required by Federal poogram the open market,or contracts for traftspor legislation.all prime construction contracts tation or trAntenjusion of Involligeace. Ina of SZOM awarded by non Fed" (P) Hights to involitiout Made Under a 0 entities must Include a Provision for compli Contract or Agreement.If the Federal award an With the Davis-Bacon Act (40 U.S.C, meats the definition of"futelft alfroomeak" U) 3141-3144,and 3146-3140)me supplemented by under 37 CPR 1401.2(a)and the recipient or Depoartment of Labor rogtdatlatin (29 CFR subreciplant whihea to enter Into a contract Put 5."Labor Stan danis Provislara Appll with a*mail buslums Firm or noutrufIt urge cabid W Contracts covering Federally Ft zmatioa roliardinif the subotlMlon of Per, M nanced acid Assisted ConstractlGeLl'). In as ties> assignment or porrornance or extewi. 0 cord"ce with the statute.contractors most grecaLid. devololucontal, oreesearch work W be required to M wages tot and me- under that I'muding agreement,"the reclit- M clelmles at V,MLO not ION than the prevallft cot or subteelpient must comply with Me to wages specifled In a wage determination quirornento 61`37 CVR Part 401."Frights to In made by the Eecretary of Labor.In Uon. venue us blaile by Vouprofit Orgameations contractors must he required to pay wages and Small faulaoxg Firrm Under Govern not It"than once a.week.The not�Fodarai mout Granta, Con to and Cooparatirs entity must place a copy of the current pro Agroamente,"and any Implemiratint:roCuls, walling Wage dotorminaLloo Issued by the De- tious knoned by the awardigo:agency 0 Partment of Labor Inaach solicitation.The (G)Clean Air Act(42 UX,C.7401-7471q.)and decialon to award a contract or subcontract the Federal Witter Pollution Con Act(33 most be conditioned Upon the acceptance of UX.0 1251-IM).am amended—Contmeta and the ivage deteratiustion.71a nou-Federal on. subgranut of ittuounta ]& @seen of 3LSO.Wo E klLy mxtat report all suspected or reported rnunL contain a provision that requhres the violations to the Federal awarding agency, non-Fodoral award to agree to oonxply with The conu-mets to also Include a provision all applicable standards. Orders or reguin for conipiIiince with the Copeland "Anti tiona leaned pursuant tot Clean Air Act Kickback" Act (40 U.S.C. 3145), as supple. (U U.S C,7401-7919)%ad the Federal Water .2 reented by Tee rvalmont of Labor regulations Pollution Control Act me amended(33 U.S.C. (29 CPR Part 3, "Contractors and Sub- 1-1 IM).Violations most be reported to the contractors on Public Building or Public Federal awarditz agency and the Regional Work Financed In Whole or In Part by Lowis offIcs of the Envirountantal Precedtion, or Grant*Fears the United Suttca").The Act Acency(RPA). provides that each contractor or oub. (11)Debarment and Suspension(Executive recipient must be prohibited From halueft. Orders 12M mad IWSO)--A contract award by any traftes.any person oralAoyed In the We I CM 1110-220)rittict not be nude to Per- conztructton,ounVlotion,or repair of public ties Its Led on the goveranwativide exclufflons 0 work, to give up any jiirt of thew In the System for Award ?hjuxigonartat Uom to which he or she is other ertwo entitled. (SAM). In accordance with the ONE godde- U) The non-Faderal entity must repor&all sus. lines at 2 CFR Ift that Implement Executive M pectod or reported violations to the Federal Orders 12M(3 CPR part IM Comp.,p. W) awarding agency and LIM (3 CPR part IM (9) Contract Work Hours and Safoky "Dobarninat and Suspension," SAM Excin. Standards Act (40 U.S.0 Where Wom contain*the namos of parties debarrod, applicable.all contracts awarded by the non- sumpauded. or otherwise excluded by agan- M Fedend entity In excoso of$100.000 that In- CIM an Well an parLies declared Inallcible Volvo the amplognumL OF imch"Ica or labor- under statutory or regulatory authority on Lease include a provision for compliance Other than Rxectitive Order 1256. with 40 U.S.0 3M and M,as supplemented (1) Byrd Anti Lobbyiex: Amendment (31 by Npartmant of or Mulattoes(20 CFR U 6 C, M52)—Conu-setors that apply or bid 201 Packet Pg. 1098 63 Ft.2DO.Aply°111 2 CFR Ch.11(1-1-17 Edftbn) 1W an award as lag SIMA0 MIUM file the Recounting troatiment nAY Include it in the MLUIMI certincaUmt,Facie tier certifies W IMUMMIOR runetlao, the tier ateurs that It will no%mad has an& (2) rt tab resaare), IR-Aas mtearch. used Federal appropriated funds to my nay davelopmeat sad scholarly metivisims that Person or org&04=111011 for IMUNUMOMIr Or at mee not ommmized reeeamb ah& cen- tempting to influence in omear or araplay" Wituently,arm mat separately budgvted need at any Aslemcy,a Mnamr of Congress,afffeer accounted for- Deffartmantal re"arch, for at employee or 0oweas,or am eammoyea of a Pwiettem,or thle at®Is not considered torrabor-9 Congress In connection with oh "a major function,but as a.Wt 09 the in mining My FtdWM cobtract,grant or stor MocOom fab"loa of the Institution. Other AWAXd VOT09nd by 31 U 0 0 Z.FA4h (3)only maedAtory,coot sharing or cost tier nub& &MD disclose any Vpthylair with a sm;specifically countitted In rise inaloct mon-Federal Munds tbAt takes place No*no- budget mot be Included In the oriltaftimad re- with oil al &my Federal a*ntrd, search baft pay trWqWUUt the indirect(FLA) SuAh diatimaraG we forwarded from tier to vast rate Ge refloated to any alloctAlom of In- Mor up to the noa-Yederal nard- dLmt Costs. salary VcaW above statutory 114)Sma 1200M Protdmmm,.t atif,,evered UtAlMa axe not 4maiddered east aharloa rnawrtal.. b, &FaRLMd restareA eavaut All h and development activities of an inskirmiUco [79 rR TUN.Dec.2d.MIL as amended at TO that we sepurnitely boasted and aocousted rR THM Doe,M nll� hor.It bacludw.- (1)Spaftamtd tavoeh arawas nib P-m-i-ob 0 APPENwx III iv PART 2DO-InDiRwr and develapWaRL Setivitims that soon- W&M COM AND moved by 1°edual.and man Federal asancres ABRIUMMENT.Atto RArc DurmisgNit- and Otffmallstirmut This tam Includes antisl 0 THIN FrOft [NwtrMTIG)qa of HIGHER ties hivoldac the tralmHe;of ladIvIda"In FDUCATION(IREC reemamh tochniqueo ("v"M con �musly .4 U) search tralaing)where Men acriviuma mulle &GENZRAL the maxna fuBLUes as Other rasa and do, "lot Mat"OviLles and whom.each arti'l Thin amadAm provideal crltwL%for Monti- ties are not included In the Instruction AMC, tying and vvanourging indirect (or Indirect L1012. (FILK))rates at 1HFA(matkuslow).Inatlifect (2) UnNereffs,towaTch form" MU roogarch (F&A)ROJU are theme that US JMCMVMd for " dGVelDIMMOL MUTft" that, axvi *qft rummsma or hilss. Objec"T68 &Rd therefore ratoly sleds me an for by the in. "Zoo&be Identified roaday and speclacal v Ititutlam Under an Lntarna application of Is- with a Particular aWaseavd WJvci,an In, stogntionall lendim UnIversity, Te"Arch. for "ructlaw MWITRY, or any other Isuelto- PHY1106ft Of thts doCaff=at, NWWL be rt.glfpj 11"Inal s Nvlty. Has subsection B.1,tr.fwj" bleed with sponsored mumsch u the lion of Imallftlea and Axlxdabrratlaa,for. function of orkmaind research, disog"alam of the coutgamenta of Indimet Q.other SIXTRapred er"UM99"means Proczanib ey (F&5)—t.. 'ad Projects nam,moed by Federal, sad Ron 0 Federal agencies and argambatlons wkdrh im 1.Maim FurcHons of an Ift0fivigan Volvo the perronmact or worho r QAU in- s ctium and orpalzrid ralostreb, Ezamples M Peters to Immu-maUum-RVIVARIsed vllusarch" or such prgruano sad projects are, health other Wpommoit Activities and other I Raglan- service Projects and Miumunity wfvlov pro E flu activIlloo as defined to this wtlom- grown,However,when anar oft mUrRim 0- INIOUMM UWAAS the %VICAUZZ Led moet undert.b.ft by the im%tjLqLjqn without training SEUVINICS Of 92 HISUM2110M.EVOGIA, outside%uppsur. they nay be classified a* &W research tralmixer " provided In smb. of jugultath,"I W&I'dtiffl, M section b,this to lachrl"ail;mcbIng sad d,01-kM hLrotuU0041 Whom rnzaas all se, tralains:activltg*L whether they are offered liel th,a of an I mtjoktgDo except nw joetnic. Our coodIM to a desliv.or ss°rtlfleata m UM de natal rm,&Weh, QM&ftl"d ro- am a auu-crimlit lessis.mod what her they are mamma,and other arommared fixtIvItlea,am de- offaVd through regular academic depan flued In this ftesbou;indirect(F&A)coat an 000ta Or sePer&16 dIT141028,such M K Me,- tivitles Idooliffed I& this Arnosatift para- Mer schooll C11-1sloa or as mstmwWa diviefon, synod P.IdantiCkepsloe sad waalgantent of in Also considered put of that major fouction direct(F&A)aust.;Rod epocializad services ar* dmomrt analrovearch, and, where Emlilkloo described In IWGAM Bp&cL%Ilxd speed to,univenIty reavarch. service facnitiam aft Part, (1)Shansore4 104"Clift and ftaimono mmea" Exanwilar at at ImAtitatiomm ACILTUIed 0 slocifl-I hokrmcLl-mal ar traiming,activILY- IMIn&0 operation of t jdmce Wl-.dining LibUshod by gramL contract.or maperallyw hella.hampitsda and clinica,owdent uslow. figmawaL Par varroom Of the cost prim Intercollegiate athlaticii,backs tares,thrulty U) clpkm� this activity vast be corAidared a housing,otntiont awUmante, guen t lecumes, rmier filmrion area 16math as Institution's chapla,tboaten.Intuits n.W."",and otber 0 W2 Packet Pg. 1099 G.3.a 64 Attachment J DHS OIG AUDIT ISSUES and ACKNOWEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 2 3. Failure to employ the required procedures to ensure that small,minority„,and women's owned firms 20 were all given fair consideration. 4. Improper"cost-plus-a-percentage-of-cost"contracting practices. 0 0 The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de-obligation of funding given under the FEMA/State agreement: 0 1. Use of improper contracting practices. 2,. Unsupported costs. E 3. Poor project accounting. a 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 19 U) 7 Unrelated project costs. 0 8, Direct Administrative Costs. 9 Failure to meet the requirement to obtain and maintain insurance,. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system,. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation(checks, invoices, etc.)that can be readily retrieved, Packet Pg. 1100 G.3.a • Research insurance coverage and seek reimbursement for the maximum amount, Credit the appropriate FEMA project with that amount. • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs(Federal Highways, Housing and Urban Development, etc„)and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable„ necessary„ directly benefit the project, and are authorized under the"Scope of Work." I acknowledge that I have received a copy of, and have been briefed on,the above DHS OIG Audit Issues. U) Monroe County 03/05/2018 Sub-Recipient Agency Date Signature 0 Tina Boan Sr. Director Budget&Finance Printed Name&Title E a 0 19 U) 2 0 Packet Pg. 1101 G.3.a 66 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT; If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis, These funds are needed to pay pending obligations for eligible work. We would not be abie to operate the program without this advance... 0 0 U) If you are requesting an advance, complete the following chart and line item justification below, 0 BUDGET CATEGORY/LINE ITEMS 20 -20_Anticipated Expenditures for First Three Months 2 (list applicable line items) of Agreement 0 Example:PW#00001(0) Contract Work$1,500,000.00(provide detailed justification). E .2 U) TOTAL EXPENSES 2 0 LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term.Support documentation should include quotes for purchases,delivery timelines, salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term.Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399, within thirty(30)days of receipt, along with any interest earned on the advance),. Packet Pg. 1102 TKevin Mad®k, cPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: January 10, 2019 TO: Tammy Sweeting Executive Assistant FROM: Pamela G. Hanco .C. SUBJECT: December 19'BOCC Meeting U) Attaclied is an electronic copy of each of die following documents for your handling: 0 C13 Professional A/E Services Continuing Contractwidn Bender and Associates Architects, M P.A.,pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in wliicln construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services for each individual study under die contract does not exceed$200,000.00. 0 0 C14 Professional A/E Services Continuing Contract with William P. Horn Architect,P.A., pursuant to Florida Statute 287.055(2),to provide professional services for miscellaneous projects in which construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services for each individual study under the contract does not exceed $200,000.00. ca ° C15 Professional A/E Services Continuing Contract witli SGM Engineering,Inc.,pursuant to .� Florida Statute 287.055(2),to provide professional services for miscellaneous projects in which construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services for each individual 0 study under die contract does not exceed$200,000.00. C17 Professional A/E Services Continuing Contract with CPH,Inc.,pursuant to Florida Statute 287.055(2),to provide professional services for miscellaneous projects in wliicli construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services for eacli individual study under die contract does not exceed$200,000.00. x C 19 Professional A/E Services Continuing Contract wide Cardno, Inc.,pursuant to Florida Statute 287.055(2),to provide professional services for miscellaneous projects in which construction costs do not exceed$2,000,000.00 or for study activity if the fee for professional services for each individual study under die contract does not exceed$200,000.00. U 0 C20 Professional A/E Services Continuing Contract with M.C. Harry and Associates, Inc., pursuant to Florida Statute 287.055(2),to provide professional services for miscellaneous projects in wlhiclh t3 construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services for each individual study under die contract does not exceed $200,000.00. 0 Slhould you leave any questions,please feel free to contact me at(305) 292-3550. cc: B. Erickson/A. Mytnik County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-1 Packet Pg. 1103 AGREEMENT FOR . Professional Architectural and Engineering Services This Agreement ("Agreement") made and entered into this 19t' day of December, 2018 by and between the Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as"OWNER"or "COUNTY," U . AND 0 Cardno. Inc.. an Engineer of the State of Florida, whose address is 11400 Overseas Hwy. Marathon, FL 33050 its successors and assigns, hereinafter referred to as"CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for .various County Projects from time to time located in Monroe County, Florida and; WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. The professional services required by this Contract will be for services in the form of a continuing c contract, commencing the effective date of this agreement and ending four (4) years thereafter, with options for the County to renew for an additional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scopes of work, time schedules, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. x Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent U expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW; THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1 Packet Pg. 1104 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including but g not limited to, all contract plans and specifications, in such a manner that they shall be accurate, 'coordinated and adequate for use in verifying work completed and shall be in conformity and comply with'all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project and to document costs in a manner that c is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information or design elements in the contract 2 documents. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to c his performance and those directly under his employ. E 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, . rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, Z rules and regulations shall constitute a material breach of this Agreement.and shall entitle c the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this Agreement the CONSULTANT is an �s independent contractor and not an employee of the, Monroe County Board of County 3 Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment 0 under this Agreement or with the provision of services or goods under this Agreement. c ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. CONSULTANT shall commence work on the services provided for in this Agreement and Task Order promptly upon his receipt of a written notice to proceed issued by the COUNTY. 2 Packet Pg. 1105 G.3.b 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, w deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized g representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, 2 return receipt requested, to the following: Mr. Cary Knight. Director of Project Management W Monroe County 1100 Simonton Street Rm 2-216 Key West, FL 33040 0 co And: Mr. Roman Gastesi cu Monroe County Administrator E 1100 Simonton Street, Room 2-205 Key West, Florida 33040 ac For the Consultant: Steve Hurley, Project Manager c Cardno, Inc. 11400 Overseas Hwy Marathon, FL 33050 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county,maintained roads, maps. 3 Packet Pg. 1106 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT's services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been g duly served if sent pursuant to paragraph 2.3. c 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT's services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, c fitness, suitability or coordination of its work product. E 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 AND DEFENSE 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. U Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT will hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 4 Packet Pg. 1107 ll G.3.b 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDEM Indemnification To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold g harmless the COUNTYand State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not U) limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. c This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the 2 (County)Agency's sovereign immunity. ARTICLE VI PERSONNEL E 6.1 PERSONNEL .2 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 Z: individuals will perform those functions as indicated: c NAME FUNCTION Doug Stoker PE Principal in Charge Steve Hurley Project Manager Daniel Craig PE Principal Engineer Jason Yam PE Task Manager Ananda Kelley PE Task Manager So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall immediately notify the COUNTY of the change in personnel. U 0 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement based on the hourly rates outlined in Attachment B, or a Not to Exceed Amount negotiated at the time of performance. 7.2 PAYMENTS 5 Packet Pg. 1108 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, et seq. Florida Statutes. (A) If the CONSULTANT's duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; 0 (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT's invoice c shall describe with reasonable particularity the service rendered. The CONSULTANT's invoice shall be accompanied by such documentation or data in 2 support of expenses for which payment is sought at the COUNTY may require. is 7.3 REIMBURSABLE EXPENSES c Allowable Reimburasable expenses will be separately identified in each Task Order and E are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Florida Statute 112.061 and Monroe County Codes. . 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to c pay, any fees or expenses in excess of the amount budgeted for this contract 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. 3 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. x ARTICLE VIII INSURANCE U 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the �s CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable,to the COUNTY. 6 Packet Pg. 1109 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $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 $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or$300,000 Combined Single Limit c D. Commercial general liability, including Personal Injury Liability, covering claims for 2 injuries to members of the public or damage to property of others arising out of any �s covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and c Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. E An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims. may be reported must extend for a minimum of forty-eight (48) months following the termination Z or expiration of this contract. c E. Architects Errors and Omissions professional liability insurance of $1,000,000 per occurrence and $3,000,000 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 CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by 0 COUNTY during the term of this Agreement. COUNTY will not pay for increased limits c of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured at the discretion and request of COUNTY. The COUNTY reserves the right to require a certified complete copy of such policies, including all amendments, endorsements, exclusions or changes to the policy, upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required and provided to COUNTY. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX Packet Pg. 1110 MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. g 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS U) The documents prepared by the CONSULTANT for a COUNTY 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 E conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns Z and legal representatives of such other party. c 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. 3 9.5 TERMINATION OR SUSPENSION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days written notification to the CONSULTANT. 0 B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred.. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion s Packet Pg. 1111 to the COUNTY exceeds the funds remaining in the contract. However, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. g D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the COUNTY terminates this Agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E E. Scrutinized Companies: For Contracts of any amount, if the County determines that,the Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met U 0 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments "A: Consultant Scope Of Services" and "B: Hourly Rates', and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to 9 Packet Pg. 1112 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 thirty-six(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 U) this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. 0 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 2 by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been �s formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. E 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 Z 0 CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10)years from the termination of this Agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by.this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. U 0 Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this Agreement, and all other agreements, sources of information-and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection 10 Packet Pg. 1113 and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10)years after Final Completion. c 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES c U) 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 shall lie in the 161 Judicial Circuit, Monroe County, Florida, in the appropriate court � or before the appropriate administrative body. This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary c procedures required by the circuit court of Monroe County. E 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 Z of this Agreement, shall not be affected thereby; and each remaining term, covenant, c condition and provision of this Agreement shall be valid and shall be enforceable to the E 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 x 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, as an award against the non-prevailing party, and shall U include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, E 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. 11 Packet Pg. 1114 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 2 to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 2 9.16 COOPERATION 0 In the event any administrative or legal proceeding is instituted against either party relating M to the formation, execution, performance, or breach of this Agreement, COUNTY and E 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. 0 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties 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 �s discrimination has occurred, this Agreement automatically terminates without any further 3 action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC§ 794), 0 which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of e 1975, as amended (42 USC §§6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) E The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article Il, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or 12 Packet Pg. 1115 age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: U) 0 1) The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, c gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. c 2) The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual 3 orientation, gender identity, or national origin. 3) The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation U information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an E investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the consultant's 13 Packet Pg. 1116 i commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 2 c 6) The consultant,will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, 2 and orders. �s 0 7) In the event of the consultant's non-compliance with the nondiscrimination M clauses of this contract or with any of such rules, regulations, or orders, this E contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive c Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.18 COVENANT OF NO INTEREST 3 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. 9.19 CODE OF ETHICS 0 U 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 14 Packet Pg. 1117 1 G.3.b 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 g 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 connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. CONSULTANT shall be referred to herein also as "Contractor" for this provision only: c Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable c 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 Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court c proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a U 0 reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would,be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the 15 Packet Pg. 1118 contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must g provide the records to the County or allow the records to be inspected or copied within a reasonable time. U) If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. c The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. a IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER1.19, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE c PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. 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 0 pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, c nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 16 Packet Pg. 1119 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 g statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 2 9.25 NON-RELIANCE BY NON-PARTIES 0 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 2 of any service or program contemplated hereunder, and the CONSULTANT and the �s 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 c 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 E general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, Z including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free c Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or 0 agreement of any member, officer, agent or employee of Monroe County in his or her c 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 EXECUTION IN COUNTERPARTS E This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 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 17 Packet Pg. 1120 opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and 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 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT g and subconsultants shall not discriminate on the basis of race, color, national origin or sex . in the award and performance of contracts, entered pursuant to this Agreement. U) 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, e seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, 2 women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. E 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. Z 4. Establishing delivery schedules, where the requirement permits, which e encourage participation by small and minority businesses, and women's business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. x 9.30 TIME FOR PERFORMANCE/BASELINE SCHEDULE/COST ESTIMATES Time is considered of the essence in the performance of the services required by this U Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule �s and.delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special povisions and specifications included below: 9.30.1 SCHEDULING REQUIREMENTS 1. Baseline Schedule 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update is Packet Pg. 1121 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th)day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a g projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will c be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, 2 development of recovery plans, reporting recovery activities which are underway, assessing t� the impact of delays, and developing plans for schedule recovery. 0 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project E to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. c 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress the project in accordance with the milestone dates established in the Baseline Schedule. Such action on is the part of the CONSULTANT shall be considered non-performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. x 3. Project Development Process 3.1 Preconstruction activities should at a minimum include the following elements as applicable: 0 0 PROJECT DEVELOPMENT PROCESS Task Name Milestone Comments Date Contracting Phase 0 Issue Notice to Proceed Programming and Design Phase Submit Final BOD and OPR BOCC Approval of Programming Document Conduct Site Plan Meeting Submit Site Plan for Approval Receive Site Plan Approval 19 Packet Pg. 1122 G.3.b Approved Schematic Design Documents Approved Design Development Documents 30% Approved 60% Construction Documents Approved 90% Construction Documents Approved 100% Construction Documents Bid and Permit Phase Approved Building Permits e Posting of Notice of Request for Competitive Solicitation Conduct Pre-Bid Meeting Bid Opening U) BOCC Approval of Construction Contractor Issue Notice to Proceed to Construction Contractor Construction Phase e Conduct Pre-Construction Meeting Obtain Substantial Completion Obtain Final Com leiton Process Final Closeout Documents E 3.2 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 9.30.2 COST ESTIMATING REQUIREMENTS e 1.1 Baseline Cost Estimates 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. x 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after U 0 any significant changes in the scope of the project as defined in this Contract. 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 9.31 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its sub-consultant's must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 20 Packet Pg. 1123 9.31.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). 9.31.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal g program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, 2 Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. e 31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, �s CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by e the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the E current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Z Grant Program, Homeland Security Grant Program, Nonprofit Security Grant e Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 0 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, e which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. 9.31.3Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all 21 Packet Pg. 1124 contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty(40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty(40) hours in the work week. The requirements of g 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions 2 which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. c 9.31.4Rights to Inventions-Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the t� recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or c performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 E CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.5CIean Air Act(42 U.S.C. 7401-7671g.). Water Pollution Control Act(33 U.S.C. 1251- Z 1387) as amended. Contracts and subgrants of amounts in excess of$150,000 must c comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency �s (EPA). 9.31.6Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, c or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.31.713yrd Anti-Lobbying Amendment(31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also _disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 22 Packet Pg. 1125 9.31.8Compliance with Procurement of recovered materials as set forth in 2 CFR 200.322. , CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year g exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative { procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, e https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. E 9.31.9 Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- e Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor 3 during the Contract term. 9.31.11 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 9.31.12 Access to Records. The following access to records requirements apply to this contract: U (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA c Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. E (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 23 Packet Pg. 1126 G.3.b 9.31.13 Federal Government not a party to contract. CONTRACTOR acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.14 Department of Homeland Security (DHS) Seal, Logo, and Flags. The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. g 9.31.15 Compliance with Federal Law. Regulations, and Executive Order. This is an c acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. c 9.32 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division). The applicable Federally-Funded Subaward and Grant Agreement may be found at the following link on the Monroe County c webpage: http://www.monroecounty-fl.gov/DocumentCenter/View/15972/Federally-Funded Subaward-and-Grant-Agreement . 9.33 The CONTRACTOR shall hold the Division and County harmless against all claims of ` : whatever nature arising out of the CONTRACTOR's performance of work under this c Agreement, to the extent allowed and required by law. 3 x 0 U 0 24 Packet Pg. 1127 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly adtlonzed representative on the day and year first above written. � ` SEAIJhl r_ BOARD OF COUNTY COMMISSIONERS ✓.Attest` KEYI MADOK, Clerk OF MON E COUNTY, FLORIDA B" I By: Deputy Clerk Mayor/Chairman 0 Date: ����^ - �, °'8 Date: � - 'q, Z�' cu �s 0 (Seal) CONSULTANT M Attest: Cardno, Inc. E Signatur . Signature: Name: )L&V1 Title: �-" Title: ��s�sr•� //�ce /"/zs\ r4 ,,ado/�` E Date: Qd t"L I t s /�.4 c 2ca�V Date: :r.o�ro�°' UAL MONROE COUNTY ATTORNEY PP OV D AS TO FORM 0 0 CH IS AMBROSIO ASSISTANT COU TY ATTORNEY t� Date: �- r= Cl> 0 25 Packet Pg. 1128 ATTACHMENT A Consultant Scope of Services 1.01 DESCRIPTION The Respondent awarded a Contract for Professional Architectural and Engineering Services contract shall provide Architectural and/or Engineering Services to Monroe County. The contract will provide for the planning, design, contract documents, project administration and coordination. Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, c preparation of contract documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and on site inspections during construction, process shop drawings, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentations to the County Commission. All projects shall have construction costs, which do not exceed $2 million, or for study activity if the fee for M professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars($200,000.00). ac SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1 DEFINITION c 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 3 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect/Engineer shall be responsible for designing the Project in accordance U with the analyses and recommendations of the geotechnical information furnished per Article 4.4. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Arch itect/E ng 1 neer shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect/Engineer shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. 26 Packet Pg. 1129 . G.3.b 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Arch itect/Eng 1 neer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the Architect/Engineer shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. 2 2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County's Project Management Department's information. 2 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Design Development Phase. 0 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS E 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is Z: performed by additional consultants after the Owner's written approval. c The Architect/Engineer shall perform the following design phase tasks: a. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems,and general space requirements. U 0 C. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on-site utility systems, off-site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 27 Packet Pg. 1130 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect/Engineer shall prepare ` Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. g 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and e Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County's Project Management Department's information. The Architect/Engineer shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Construction Documents Phase. a 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer must e complete the tasks set forth in paragraphs 2.5.1 -2.5.13. E 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: 3 a. Building perimeter(footprint) and exterior wall type, thickness and composition fixed. b. Structural grid or system. C. Major mechanical/electrical systems determined and their requirements reflected and indicated on plans. d. Indicate buildings core-elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated. f. Floor, slab, and level elevations. U g. Typical door types. h. Typical partition types. i. Built-in furniture items-special furniture and equipment(early clarification of what is "NIC"and "by owner") j. Larger scale (e.g., '/"). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full-height facades including roof structures. 2s Packet Pg. 1131 b. All fenestration. C. Overall vertical building and floor heights. d. Indicate cross-reference points with sections. e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment. g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall, etc.) .properly selected by adequate technical investigation. e 2.5.3 Sections e Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., :%"). Dominate full-height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment. b. Typical wall construction. C. Back-up structure, abutting floor systems. d. Window location and insulation methods. e e. Flashing, masonry coursings. f. Mechanical penetrations impact(furring, etc.). g. Parapet design. 2.5.4 Details- Large scale (1-1/2", 3")as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb/head, plan section e b. Hollow metal (typical only; keyed to plans and schedules) E G. Frame types(typical only; for compatibility and profile) d. Stair types - egress, public, exterior(including railing design) Metal and glass walls, borrowed lights, etc.;for division, profile, and glazing f. Interior partition types(typical only; keyed to plans and schedules) g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses,wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with,.and cross-referenced to, LU x floor and reflected ceiling plans. Indicate: a. Breaks., b. Level changes. 0 C. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans -Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts. b. Soffits, coves,furrings. C. Skylight locations. d. Ceiling materials. e. Acoustic treatments. f. Heating and ventilating register, diffuser locations. g. Sprinklers. h. Access panels. 29 Packet Pg. 1132 G.3.b 2.5.7 Schedules - Schedules to be non-repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes. b. Doors and frames. C. Preliminary hardware. d. Windows/glazing. g 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems 2 descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special'supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set M a. Floor plans at the same scale as the architectural/engineering drawings. E b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions. C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, . other. d. Non-typical framing scheme where required: lobby, floors at grade, and other. Z: e. All column points established. c f. Final column schedule. 0 g. Preliminary details and sections to adequately indicate structural system. h. Preliminary details of major unique conditions that impact on scheme (as determined by the Arch itect/Eng I neer). g j i. Details indicating accommodation with mechanical/electrical at areas of major interface. j. Design development specifications. k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical/Electrical Design Development Set 0 a. Typical floor plans. Systems representation in diagrammatic (non-detailed) style, U major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. b. Required punctures: wall, slab, and beam. G. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning and air-handling equipment, packaged units, etc. d. Locations of major roof-air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer). ,30 Packet Pg. 1133 G.3.b f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces. 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. c 2.5.12 Site Design Development Set 0 a. Building location plan--building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans. d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points. e. Indicate areaways, vaults, access to sub-grade spaces. e f. Preliminary site and exterior building lighting scheme with identification of fixture types. g. Parking area defined with preliminary plotting. h. Indication of paths, stairs, ramps, berms, terraces, etc. i. Plant materials(indication and preliminary schedule). j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others. Z: k. Design development specifications. e I. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the U Architect/Engineer shall prepare, for approval by the Owner and Monroe County's Project Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's and the Monroe County's Project Management Department's review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the Owner's and Monroe County's Project Management Department's approval. Once approved the Architect/Engineer shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD. Any and 31 Packet Pg. 1134 all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the Owner and Monroe County's Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions g of Contracts, and the forms of Agreement between the Owner and the Contractors. c 2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.)will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. c 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Architect/Engineer, following the Owner's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist the Monroe County's a Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. Z: 0 2.7.2 The Architect/Engineer shall-assist the Monroe County's Project Management Department E in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Architect/Engineer, with the assistance of the Monroe County's Project Management Department, shall respond to questions from bidders, and shall issue addenda. 3 2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates U with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close-out documents by the Architect/Engineer and Contractor. The Architect/Engineer will administer the Owner/Contractor contract as provided for in that document. The Architect/Engineer agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor 32 Packet Pg. 1135 shall be given to the Contractor by the Architect/Engineer or Monroe County's Project Management Department. 2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect/Engineer may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, g or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the Architect/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Architect/Engineer shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 0 2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the Architect/Engineer shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and a from overpayment to the Contractor. Following each inspection, the Architect/Engineer shall submit a written report of such inspection, together with any appropriate comments or Z: recommendations to the Owner. c 2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the Architect/Engineer reliably informs the Owner that the Architect/Engineer has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 0 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the U Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The Architect/Engineer shall have authority, after notification to the Monroe County's Project Management Department to reject Work,- which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in 33 Packet Pg. 1136 accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The Architect/Engineer shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose,of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own g forces, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the 0 accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is c required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Architect/Engineer shall take appropriate action on submittals within 14 calendar days. The Architect/Engineer shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all a dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. Z 0 2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change E Orders and Construction Change Directives prepared by the Monroe County's Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. Architect/Engineer to take appropriate action within seven (7)calendar days. 3 2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. c� 2.8.12 The Architect/Engineer shall require inspection or re-inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. U 2.8.13 The Architect/Engineer, assisted by the Monroe County's Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the Owner a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/enginee'ring, structural, mechanical, and electrical engineering portions of the work. The Architect/Engineer shall forward to the Monroe County's Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor.The Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The 34 Packet Pg. 1137 Architect/Engineer's response to such requests shall be made with promptness and within seven (7)days of receipt of request. 2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer. 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the M Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction a Contract and submitted by the Contractor. 2.8.20 The Architect/Engineer shall not have control over or charge of and shall not be responsible c for construction means, methods, techniques, sequences or procedures, or for safety precautions E and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the Architect/Engineer shall make available to the Owner any personnel or consultants employed or retained by the Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of U the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the Architect/Engineer, unless otherwise prevented by counsel of the Architect/Engineer and which time it would be subject to subpoena. For other claims against the Owner, the �s Architect/Engineer will do this under an expert witness with compensation. 2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 35 Packet Pg. 1138 2.8.24 The Architect/Engineer must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect/Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. S c c U) 0 0 E a 0 3 x 0 0 36 Packet Pg. 1139 G.3.b ATTACHMENT B CONSULTANT'S HOURLY RATES U) 0 0 E a 0 3 x 0 0 c� 37 Packet Pg. 1140 Monroe County Professional Architectural and Engineering Services Rate Schedule CLASSIFICATION RATE Principal $300 Chief Engineer $215 Senior Engineer $170 Engineer $135 Engineer Intern $100 Senior Project Manager $180 Project Manager $150 Chief Designer $130 Senior Designer $120 Designer $110 Chief Planner $200 Senior Planner $155 Planner $110 Senior Landscape Architect $170' �s Landscape Architect $125 Landscape Designer $ 90 Senior Utility Coordinator $160 Utility Coordinator $115 Senior Scientist $150 Scientist $ 90 U Senior Geologist $170 Geologist $ 85 Senior Ecologist $150 Ecologist $ 85 GIS Specialist $ 95 Senior Inspector $100 Inspector $ 90 Senior Field Technician $ 90 Field Technician $ 80 Clerical $ 80 Packet Pg. 1141 Cardno,Inc. LAND SURVEY AND MAPPING,SUBSURFACE UTILITY ENGINEERING SERVICES Daily Rates(s):Field Surveying and SUE RATE 8 HOUR DAY FIELD SURVEYING(Three(3)Person Survey Team) $1,340.64 Includes vehicle,conventional equipment,personnel&all supplies/fuel O FIELD SURVEYING(Four(4)Person Survey Team) $1,676.48 O Includes vehicle,conventional equipment,personnel&all supplies/fuel U) 0 FIELD SURVEYING(Five(5)Person Survey Team) $2,012.32 Includes vehicle,conventional equipment,personnel&all supplies/fuel O FIELD SURVEYING(Three(3)Person Survey Team) $1,438.64 M Includes vehicle,GPS equipment,personnel&all supplies/fuel 2 FIELD SURVEYING(Four(4)Person Survey Team) $1,774.48 Includes vehicle,GPS equipment,personnel&all supplies/fuel co FIELD SURVEYING(Four(4)Person Survey Hydrographic Team) $1,774.48 M Includes vehicle,hydro equipment,personnel&all supplies/fuel FIELD SUE(Designation Option-Designating Truck&Crew) $1,927.28 Includes vehicle,equipment,personnel&all supplies/fuel . FIELD SUE(Designation Option-GPR w/Geologist&Technician) $2,534.24 Includes vehicle,GPR,250&500 Mhz antenna,data processor,personnel&all supplies/fuel Z: FIELD SUE(Designation Option-Vac Truck&Crew) $2,297.20 O Includes vehicle,equipment,personnel&all supplies/fuel FIELD SUE(Location Option-Vac Truck&Crew) $2,297.20 Includes vehicle,equipment,personnel&all supplies/fuel Hourly Rates(s):Office Function/Supervision HOURLY RATE x Senior Professional Surveyor $ 177.47 Professional Surveyor $ 136.03 O SUE Manager $ 130.34 U O SUE Supervisor $ 115.58 Senior Survey CADD Technician $ 115.01 Survey CADD Technician $ 81.73 Survey/SUE Technical Support $ 80.38 Packet Pg. 1142 Prnfminnal Architertuml R,Fnginearing Continuing SP.MrP.S Cnnt PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES SECTION FOUR: COUNTY FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT U) GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) 1,2,and 3 2 �s I have included: 0 o The Submission Response Form X o Lobbying and Conflict of Interest Clause X o Non-Collusion Affidavit X o Drug Free Workplace Form X o Respondent's Insurance and Indemnification Statement X o Insurance Agent's Statement X o Public Entity Crime Statement X In addition, I have included a current copy of the following professional and occupational licenses: Corporate charter,Cardno's engineering license,individual PE licenses (Check mark items above, as a reminder that they are included.) Mailing Address: 11400 Overseas Highway Telephone: 239.337.3330 Marathon,FL 33050 Fax: N/A 0 Date:.10/9/2018 U 0 Signed: — Witness: ln , Douglas E.Stoker,PE ���Q� � �'0 (Name) �pRATB•� L ; _ O Vice President (Title) iy •'•. �o,:�°'��.`� OE,AvyQ.®s�� Packet Pg. 1143 Professional Arr.hitertural R Fnninaerinp Cnntinuinn SBnjrp.S Cnnt PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE „Cardno, Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift,or consideration paid to the former County officer or employee". a S. re) Date: 10/9 018 E STATE OF: Florida COUNTY Pinellas OF: p Subscribed and sworn to(or affirmed)before me on $th cCTDl Ino, J0/g, date b �cfQ�AS S� r2 (date) y C. (name of affiant). He/She is personally �s 0 known to me or has produced �Eg1A���(�oc J� as identification. (type of identification) •lpyiviy CATHEEL.THORNTON Notary Public-State of Florida • Commission#GG 18S2S3 � - NOTARY PUBLIC y U '•.i+�, o• My Comm.Expires Mar 3,2022 Bonded through National Notary Assn. My commission expires: 3.20.?, Packet Pg. 1144 Prnfessinnal Architarmral R Fnoinearina rnntinuina Senviras Cl,. G.3.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under g a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO fora 2 period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Cardno, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 Date: October 9, 2018 a STATE OF: Florida COUNTY OF: Pinellas Subscribed and sworn to (or affirmed) before me on the Bth day of October , 2018 by Douglas E.Stoker (name of of iant). He/She is personally known to me or has produced REl2s6iJA I v Jr tiote! (type of identification) as identification. x My PeRmIsslOn Expires: 3, d1d2Z 0 ........... CATHEEL.THORNTON Notary Public-State of Florida NOTARY PU13LIC a®o CommissiondGGtt3:,2�3 My Comm.Expires Mar 3,2021 Bonded through National Notary As%n. Packet Pg. 1145 ' • ' G.3.b Prnfessinnal Architectural&Fnainpprinn Pontinuina Services Con PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES NON-COLLUSION AFFIDAVIT I, Douglas E. Stoker of the city of Clearwater according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Vice President of the firm of Cardno, Inc. c the bidder making the Proposal for the project described in the Request for Qualifications for: U) PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT and that I executed the said proposal with full authority to do so: O 2. the prices in this bid have been arrived at independently without collusion, consultation, to communication or agreement for the purpose of restricting competition, as to any matter 2 relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any to competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awardincontra aid project. 10/9/2018 natur spondent) (Date) �s 3 STATE OF: Florida COUNTY OF. Pinellas PERSONALLY APPEARED BEFORE ME, the undersigned authority, e0f e-e 7Xore 1Mt) who, after first being sworn by me, Douglas E. Stoker affixed his/her signature in the space O U provided above on this day of Qcrobe2 20/e S'iivr�;• CATHEELTHORNTON Notary Public-State of Florida =a '� Commission 0 GG 185253 NOTARY PUBLIC `7.,2r,�,�c3r: My Comm.Expires Mir 3,2021 "'Bonded through National Notary Assn. My Commission Expires:%7/f fv 3�a 6.22 Packet Pg. 1146 ,' • Prnfessinnal Arrhitartnral&Fnginaerinn Cnntiming Services Cnntrar. G.3.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability U) $1,000,000 Combined Single Limit Vehicle Liability $300,000 Per Occurrence (Owned, non-owned and hired vehicles) $200,000 Per Person M $200,000 Property Damage Or$300,000 Combined Single Limit Architects Errors and Omissions $1,000,000 per occurrence e $3,000,000 aggregate M E Indemnification, Hold Harmless and Defense. The Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of services provided by the Consultant or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally wrongful �s conduct of the Consultant, or its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Consultant, the Consultant agrees and warrants that Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10-00) of U remuneration paid to the Consultant is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. Packet Pg. 1147 PrnfPSSIMAl Architectural&FnginPP.(If a Nntiniiing SP.NICP.S roflffPf. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Cardno, Inc. Respondent re INSURANCE AGENT'S STATEMENT U) I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Cardno is a global organization with thousands of employees working in hundreds of offices around the world, and as a result does have some prior and current claims and suits. For global professional service firms, such as Cardno, these are a normal part of the professional services industry. All have E been reported to our insurers who are in the process of adjusting them. None will have a material effect on the position of the company or its ability to undertake this assignment. Cardno, Inc. has never defaulted on a contract or been terminated for cause. 0 Liability policies are Occurrence Claims Made 3 _Sig re Print Name: Douglas Stoker, PE 0 U 0 Packet Pg. 1148 Prnfessinnal Arrhitnmral&Fnginaaring rnntinnina Services Cnntrar. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES NON-COLLUSION AFFIDAVIT 1, Douglas E. Stoker of the city of Clearwater according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Vice President of the firm of Cardno, Inc. the bidder making the Proposal for the project described in the Request for Qualifications for: PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT and that I executed the said proposal with full authority to do so: O 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the M bidder prior to bid opening, directly or indirectly, to any other bidder or to any E competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this O affidavit in g co ract for said project. 10/9/2018 /'( ignatu a Respondent) (Date) �s 3 STATE OF: Florida COUNTY OF: Pinellas PERSONALLY APPEARED BEFORE ME, the undersigned authority, O who, after first being sworn by me, (name of individual signing) affixed his/her signature in the U O space provided above on this day of 20 NOTARY PUBLIC My Commission Expires: Packet Pg. 1149 • ..�. . ' - G.3.b Prnfnssinnal Architerttiral R Fnpinaaring Continuing Sarviras Cnntrac Licensing Boardl ro , eers y 9 I r ` # f ELORIDA190ARDOh Y T PRgR SSGNAL nNGTNH RS !I Ieauthont�ed under�the provisi a 8,toNofferenguieering�r�ervtce® to-the ubhc throu h-a Professio mad Cha ter 471 FloridaStatutes :. I p g k P ,r . Expiradon 2%28/2019 CA►Isic No Audit No 228201900972 R- 29915 c a 0 Florida Department of Agriculture and Consumer Services 0 Division of Consumer Services License No.: LB7975 Board of Professional Surveyors and Mappers Expiration Date: February 28,2019 as 2005 Apalachee Pkway Tallahassee,Florida 32399-6500 x Professional Surveyor and Mapper Business License Under the provisions of Chapter 472,Florida Statutes c 0 CARDNO,INC. U o 10004 PARK MEADOWS DR STE 300 I LONE TREE,CO 80124-5453 U ADAM H.PUTNAM COMMISSIONER OF AGRICULTURE c This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472,Florida Statutes. Packet Pg. 1150 1 � G.3.b Prntessinnal Arrhitertural&Fn®ineerina Continuing Sarviras Cnnt State of .Florida Department o.f State U) I certify from the records of this office that CARDNO, INC. is a Delaware corporation authorized to transact business in the State of Florida, qualified on December 9, 2011. c� The document number of this corporation is F11000004930. �s 0 I further certify that said corporation has paid all fees due this office through December 31, 2015,that its most recent annual reporduniform business report E was filed on April 2, 201 S,,and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. 0 Given undertny hand and the �3 Great Seal of&e State of FlorMa 3 at Tallahassee,the Capital,filtis the Ninth day ofAprfd,2015 ppqq 0 r- Secretary of State TrackingNTumber:CUS496293821 To authenticate this certificate,visit the following site,enter this number,and then followthe instructions displayed. http s://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentic ation Packet Pg. 1151 Professional Architermral&Fnainppring Enntinuing Services Con 2016 / 2017 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2017 RECEIpT&461113-11395M DAVID DOUGIAS ASSOCIATES INC owner wame! L STEVEN H9JRLEYVP Bugness Lumtlon-, I11600 OVERSEAS HIGHWAY SUM 211 MARATHON,FL 330n .0 11413D OIJERSEAS HIGHWAY S=211 BusinesS Pftome_ 239-337-3330 m NARATHON,FL 33050 Saugness Type-, PROMSSIONAL CCIVIL ENS LAND PIMANINS I- MNSULTANT) 0 U) 0 STATE LICENSE!34SIS jTaxAmunt jTranSfEFFEe ISub-Total P—ty I 9'F10F Te3FS lCaIMMonCost jTctailPald 3D.00 am 312.1301 D.W I oxe I colt l 30.0111 0 Paid 107-15-00001720 07/25/2016 30.,00 E THIS BSCONIES A TAX RECEPT Danise D.Hendque7_CFC,Tax Callector THIS LS OPILVATAX. WHEN VALIDATED PO Box 1128,Key West,FL 3304JL YOU MUSF r6lEETALL .2 COUNTY ANDIOR MUNICIPAMY PLANNING z: ArM ZONING REQUIREMENTS. 0 E x MONROE COUNTY BUSINESS TAX RECEIPT w P.O. Box 1129,Key%Vest; FL 33041-11-79 EXPIRES SEPTEMBER 30,2017 Eusumss Name:DAVID DOUGLAS ASS=ATES INC REMP" 461IG-109554 114130 OVERSEAS HIGHWAY SUITE 211 0 Business Wcallon, MAPA-mon,FL 33mo u ,IyjynL'lr TWAI-! L STEVEN HURLEY VP 0 MaUlng Addfess! BuFjnew Rmne! 239-337-333,13 r- 1149G OVERSEAS HIGHWAYSUIFE 211 Hu5lne5sTYpe-- PROfESSIODIAL(OVIL ERIG LMD RATMING MARATHON,FL 33USO CONSULTANT) I E STATE LICENSE.,34BIS Tax Anummt I Tmnsrer Fee I Sigh-ToW P--ty I PirlorVeatrs I coltecum Cwt IT tal 0pala- 30.13D D.00 312.,001 U.00 D.00 I O.D 00 Paid 107-15-00001720 0712512016 30.00 Prpn.qrp.d fr)r NAnnrnp rainty Packet Pg. 1152 °� 4 1 • Prnfessinnal Architectural R Fn inearing Cnntinning RewiresG.3.b Cnn ac RICK SCOTT.GOVERNOR nNATHAN ZACHEM.SECRETARY dbpr , STATE OF FLORIDA DEPARTMENT OF BUSINESSSANDQ RROFESSIONAL REGULATION A � KI> BOARD{ (eR_OFESSIOWAL GIz.6LOGISTS i 1 THE GEOLOGYsp $1NE55 HERE[NJ5 CERTIEI r—� DER THE PROVIS ONS+OF OMMER 492_;7 FLORIDA�{ST� UTES , U) rA � 3 , ;r 3 �PARK PAE BL�i'D RWAT£R '� FL�33759 0.Ln'M 2 Iz LICEiJSETidII BER:G8768 i EXPIRATION_DA.�UL-Y'31,2020 Always verify licenses online at MyFlwidaLicense.com i Do not alter this document In any form. I This is your licensc.It is unlawful for anyone other than the licensee to use this document. 0 RICK SCOTT.GOVERNOR MNA-n"ZACHEM,SECRETARY I � d r STATE OF FLORIDA i DEPARTMENT OF BUSINESSSAND-PROFESSIONAL REGULATION t( I1IS/O�a�N OF. ELAE TFIECORP,rO TC?�J�REIN HAS-REGISTERED DER THE PROVISIO �OFGHAPTER 47SFCORI A�STA UTES '1---'C7ARJN01N1 � :-_• 38��PI>�q'R �l°ACE BLlID��-�f � � � � Il5UITE 300 ' { �3 �C,1.E R11V�7£t�4 ,� 1=L33759f'- idl a v��w Ft16ER CQidA1'3740 j EXPIRAfiON APe,@ARC1F131,2020 Always verity licenses online at MyFlotidaLicetisecom Do not alter this document In any form. ❑� This isycur license.It is unlawful for anyone other than the licensee to use this document, 2 1 mv �. Packet Pg. 1153 G.3.b i I DATE(MMIDDlYYYY) ACORN t2/,2/2D,B CERTIFICATE OF LIABILITY INSURANCE 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(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does.not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT - .a NAl,,e Aon Risk Services Southwest, Inc. 8662637122 - Flu( (800) 363-01D5 m Houston TX Office AIC:No.Eat): ArG No.: SS55 San Felipe E-MAIL Suite 1500 ADDRESS: p 0 Houston TX 77056 USA U) INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED INSURERA: Le%in9t00 Insurance Company - 19437, Cardno, Inc. INSURER B: zurich American ins co 16S35 10004 Park Meadows Drive O Suite 300 INSURERC: Tronshore specialty Insurance Company 25445 Lone Tree CO 80124 USA INSURER D: INSURER E: { INSURER F: COVERAGES jCERTIFICATE NUMBER:570074140452 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 O 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. Limits shown are as requested LTR TYPE OF INSURANCE [liPOUCYEXP st) WVD POLICY NUMBER ,1.,,JDp POLICYEFF '"mhvDD LIMITS 13 X COMMERCIAL GENERAL LIABILITY GLO - 1 EACH OCCURRENCE _ $1,000,000 4) CLAIMS-MADE X❑DGCUR PREMISES Eaeccurrence .. $1,000,000 Per Project Agg$2M MED EXP(Any ono person) $10,000 a PERSONAL d ADV INJURY S1,000,000 ,q GEN-L AGGREGATE,LIMIT APPLIES PER: GENERAL AGGREGATE_ S10,000,000 PRO- PRODUCTS S2,000,000 V' X POLICY JECT LOC v ❑ a - i OTHER: ti B AUTOMOBILE LIABILITY BAP 0183962-03 06/30/2018 06/30/2019 COMBINED SINGLE LIMIT $1,000,000 a a aril BODILY INJURY Per arson O X ANYAUTO ( parson) Z OWNED SCHEDULED BODILY INJURY(Per accident) L- AUTOS ONLY - AUTOS - ca HI RED AUTOS NON-OWNED PROPERTYDAMAGE ONLY AUTOS ONLY Peraccldenl rU UMBRELLALIABOCCUR EACH OCCURRENCE U EXCESS LIAR CLAIMS-MADE AGGREGATE _ DED ]RETENTION B 'WORKERS COMPENSATION AND WC01:839600 06/30/2018 06/30/2019 X, PER STATUTE' OTH- EMPLOYERS'DABILITY .YIN '_ ANY PROPRIETOR I PARTNER I EXECUTIVE ❑ E.C.EACH ACCIDENT S1,000,000 OFFICEFJMEMBER EXCLUDED? N I A (Mandatory in NH) E.L,DISEASE-EA EMPLOYEE $11000,000 If yes,describe under _ -DESCRIPTION OF OPERATIONS below I I I EX.DISEASE-POLICY LIMIT S1,000,000 C Env Site Liab 002161704 06/30/2018 06/30/2019 occurrence $10,000,000 O Pollution Liability Aggregate $10,000,000 "3'� O m DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) county certificates of insurance or a copy of all insurance policies including those naming the county are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies- 0 contractual Liability is included under- the General Liability Policy. );m r CERTIFICATE HOLDER CANCELLATION c.9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ti POLICY PROVISIONS. Monroe County AUTHORIZED REPRESENTATIVE-" "- 1100 Simonton street Key West FL 33040 USA .. �p ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016l03) QPpROVCD B���r�T,�,� logo are registered marks of ACORD , Old Packet Pg. 1154 WAIVL�R N/A-y- YE$_. G.3.b i { I f AGENCY CUSTOMER ID: 570000OS1836 14411�41CWZ-6 ADDITIONAL REMARKS SCHEDULE Page _ of _ ( AGENCY NAMED INSURED € Aon Risk services Southwest, Inc. cardno, Inc. I POLICY NUMBER see certificate Number: 570074140452 CARRIER NAIL CODE See certificate Number: 570074140452 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance - — 0 INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER O INSURER - 0 ADDITIONAL POLICIES if policy below does not include limit'information,refer to the corresponding policy on the ACORD certificate form for policy limits. E POLICY POLICY INS ADDL SUBR POLICY NUMBER EFFECTWE EXPIRATION LIMITS L7T2 TYPE OF INSURANCE INSD W VD DATE DATE 4� (AIMIDD/YYYY) (r I,%1/DDIYYYY) CY OTHER A ' Archit&Eng Prof PSDEF1800430 06/30/2018 06/30/2019 Aggregate $3,000,000 0 Professional Liability Eath'Claim ' $1,000,000 0 X W 0 0 �.3 0 0 �.3 4i 0 0 0 ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1155 G.3.b I I. AGENCY CUSTOMER ID: 570000051836 .� LOC#: "4 ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY '"-- - - NAMED INSURED Aon Risk services southwest, Inc_ Cardno, Inci POLICY NUMBER See Certificate Number: 570074140452 CARRIER - NAIC CODE -- ------------ -,- See Certificate Number: 5700741404521 . EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: _ ACORD 25 FORM TITLE: Certificate of Liabilfly Insurance M CARDNO NAMED INSUREDS Cardno chemRisk, LLC. Cardno EM-Assit, Inc. Cardno Emerging Markets USA, Ltd. Cardno ENTRIX Cardno ERI O Cardno GS, Inc. Cardno Haynes Whaley, Inc. Cardno JFNew C Cardno MMA Cardno NC, Inc. Cardno TBE (AZ) Cardno TBE (FL) Cardno TBE; TBE Group, Inc., Cardno TEC, Inc. Cardno USA, Inc. Cardno WRG, Inc. Cardno WRG, inc. dba WRG Designs Inc. Cardno, Inc (OR) Cardno, Inc. (Tx) Cardno, Inc. (FL) C Cardno (MI), Inc. Cardno PPI Engineering & Construction, Services LLC., PPI Technology ServiceS,LLC., PPI Quality & Asset Management, L.L.C., and its Affiliated companies Entrix Inc. dba Cardno Entrix Environmental Resolutions, Inc. O ES NY Engineering, P.A. PC. J.F. New & Associates, Inc. J FNew 0 TBE Group, Inc. (Alden) TBE Group, Inc. dba: Cardno TBE 19 TBE Group, Inc., Cardno TBE TBE Professional Services, PLLC WRG North Carolina PLLC C X C O U O �.3 4i C ACORD 101(2008/01) 0)2008 ACORD CORPORATION.All rights reserved. ' The ACORD name and logo are registered marks of ACORD Packet Pg. 1156 G.3.c ° DATE(MM/DDfYYYY) CERTIFICATE OF LIABILITY INSURANCE 06/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this a certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT S NAME: Aon Risk Services Southwest, Inc. PHONE 8662837122 FAX (600) 363-0105 4 Houston Tx Office kAaC E'N�^ t)t A)C'„NoJ. z 5555 San Felipe E-MAIL Suite 1500 ADDRESS: _ Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Zurich American Ins Co 16535 Cardno, Inc. 7 lnlsuRERe: Lexington Insurance Company 1943 10004 Park Meadows Drive ... ......ITIT .......... ___auuu Suite 300 INSURERC: ironshoreSmpecimaltymm Insurance mmCompany 25445 Lone Tree CO 80124 USA INSURERD: O INSURER E: 4� INSURER F: O COVERAGES CERTIFICATE NUMBER: 570076953335 REVISION NUMBER: U) 0 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, (� L EeXCLUSIONS AND CONDITIONS OF SUCH PNOLOICIEnS.LIMITS SHOWN MAY HAVE BEEN REDUCED BY MPAID CLAIMS. Limits shown are as requested O M eD YYY s � X COMMERCIAL GENERAL LIABILITY GLO a EACH OCCURRENCE $1,000,000' 0 TYPE OF INSURANCE POLICY NUMBER LIMIT ® CLAIMS-MADE X ]OCCUR DAMAGE TO RE D $1,000,000 PREMISES Es oceurrenre Per Project Agg$2M MED EXP(Any one person) $10,000 GE PERSONAL&ADV INJURY $1,000,000 cn m ... ____._.,. ......a N'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $10,000,000 N LOC ....... ..........._..........___ X POLICY PE � T PRODUCTS S2,000,OOO OTHER: !l __ .._,� __ o 07P , YA,,.� .. IODeddaISINGLE LIMIT $1,.. 000 u7 X ANY AUTO 20 COMBINEDIT .._... AUTOMOBILE LIABILITY 14 06/30/20ILY INJURY(Per person) C A BAP 0183962-04 06/30/20 p p Ea OWNED SCHEDULED Ifrlhf+ In P.�".a'' v ODILY INJURY(Per accident) tl AUTOS ONLY AUTOS r m,. HIREDAUTOS NON-OWNED �,, 'm"° PROPERTY DAMAGE L -.-...ONLY AUTOS ONLY 1�N, + � (Per accidents w a O UMBRELLA LIAB OCCUR """" EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE _..................-...�...DED ]'fT'EN71ON .... A WORKERS COMPENSATION AND.... 04 b 1 1 /30 020 X YIN WC018396 OTH- EMPLOYERS'LIABILITY STATUTE R ANY PROPRIETOR/PARTNER I EXECUTIVE � E,L..EACH ACCIDENT $1,000,000 0FFICER/MEMBER EXCLUDED? Pa NIA .. (Mandatory in NH) EL:DISEASE-EA EMPLOYEE $1,000,000 y IF S describe under 4) DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-mm—m c Env Site Liab 002161705 06/30/2019 06/30/2020 Occurrence $10,000,000-- Pollution Liability Aggregate $10,000,000 O M, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) county certificates of insurance or a copy of all insurance policies including those naming the County are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies, Contractual Liability is included under the General Liability Policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County AUTHORIZED REPRESENTATIVE 1100 Simonton street - Key West FL 33040 USA cam(s�/ova �tafc�� ®s ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1157 G.3.c AGENCY CUSTOMER ID: 570000051836 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services southwest, Inc. cardno, Inc. POLICY NUMBER see certificate Number: 570076953335 CARRIER NAIC CODE see certificate Number: 570076953335 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER O INSURER U) ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. O POLICY POLICY INSR ADDL SUBR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE INSD W VD POLICY NUMBER LIMITS DATE DATE MM/DD/YYYY MM/DD/YYYY OTHER O B Archit&Eng Prof PSDEF1900430 06/30/2019 06/30 2020 Aggregate $3,000,000' claims Made Each claim $1,000,000 a O 55 I.3 U ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1158 G.3.c AGENCY CUSTOMER ID: 570000051836 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Southwest, Inc. Cardno, Inc. POLICY NUMBER see Certificate Number: 570076953335 CARRIER NAIC CODE see Certificate Number: 570076953335 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance CARDNO NAMED INSUREDS t Cardno ChemRisk, LLC. Cardno EM-Assist, Inc. Cardno Emerging Markets USA, Ltd, Cardno ENTRIX Cardno ERI Cardno G5, Inc. Cardno Haynes Whaley, Inc. Cardno ]FNew i Cardno MMA Cardno NC, Inc. U) CardnO TBE (AZ) Cardno TBE (FL) Cardno TBE; TBE Group, Inc. Cardno TEC, Inc. O Cardno USA, Inc. Cardno WRG, Inc. Cardno WRG, Inc. dba WRG Designs Inc. Cardno, Inc (OR) Cardno, Inc. (TX) Cardno,-Inc. (FL) Cardno (MI), Inc. C� Cardno PPI Engineering & Construction, Services LLC. , PPI Technology Services,LLC., PPI Quality & Asset O Management, LLC. , and its Affiliated Companies Ensight Haynes Whaley, LLC Entrix Inc. dba Cardno Entrix Environmental Resolutions, Inc. ES NY Engineering, P.A. PC. 4) 3.17. New & Associates, Inc. ]FNew TBE Group, Inc. (Adden) TBE Group, Inc. dba: Cardno TBE TBE Group, Inc., Cardno TBE TBE Professional Services, PLLC WRG North Carolina PLLC O �.3 U 101 J2508101) 0 20 -S A OTt CORPRATION.Ali r gthts reserved, The ACORD name and logo are registered marks of ACORD Packet Pg. 1159