11/20/2019 Agreement p�,Z OfIgTQ�
*?*. 4 Vo Kevin Madok, CPA
l
V;oN•-1- Vv.,/ Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: February 25, 2020
TO: Jeff Manning, Sr. Planner
Emergency Management
FROM: Pamela G. Hanco 601 .C.
SUBJECT: November 20,2019 BOCC Meeting
Attached is an electronic copy of the following item for your handling:
F18 Contract with Wood Environment and Infrastructure Solutions, Inc., in the amount
of$64,750.00, in response to a Request for Proposals for Consulting Services to complete the five
year revision of the Monroe County Local Mitigation Strategy; and granted the authority to
negotiate and enter into Contracts with the #2 or#3 vendors if necessary; and also granted
authority for the County Administrator to execute any additional necessary documentation.
Monroe County has been awarded a FEMA Mitigation grant to reimburse up to 75%of this cost.
NOTE:This document was ratified at the February 19, 2020 BOCC meeting.
Should you have any questions, please feel free to contact me at ext. 3130.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
CONTRACT
THIS AGREEMENT ("Agreement"), made and entered into this 20th day of November,
2019 byandbetweenMONROE COUNTY,FLORIDA,(hereinafter called the"Owner"), and
WOOD EVIRONMENT AND INFRASTRUCTURE SOLUTIONS, Inc., (hereinafter called the
"Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
1. THE CONTRACT
The contract between the owner and the Contractor shall consist of this agreement, the proposal
submitted by the Contractor including the County Forms, and any other amendments hereto
executed by the parties hereafter.
2. SCOPE OF WORK
The scope of work shall consist of those services as specified in Attachment A to this Agreement.
The update to the 2020 Local Mitigation Strategy described in Attachment A is required by the State
of Florida and the Federal Emergency Management Agency.
3. THE CONTRACT SUM
The total contract price for the work specified in the Scope of Services shall be a lump sum of
$64,750.00. Twenty percent (20%) of the contract price shall be paid upon completion of
each of Tasks 2, 3, 4, 5 and 6.
•
The Contractor shall submit to the County an invoice with supporting documentation acceptable
to the Clerk upon completion of each of the above-referenced Tasks.
Acceptability to the Clerk is based on generally accepted accounting principles and such laws,
rules and regulations as may govern the Clerk's disbursal of funds. The Contractor will submit
such invoice according to milestones for services provided during the period. The invoice will
include a record of employee time worked and differentiate time worked at the rate for the
different classification. Upon receipt of the Contractor's invoice in the proper form as stipulated
above and upon acceptance by the Clerk, Monroe County will make payment in arrears in
accordance with the Florida Local Government Prompt Payment Act,Section 218.70,Florida
Statutes.
4. TERM OF CONTRACT/RENEWAL
This contract shall be effective from February 19, 2020 through February 18, 2022.
5. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury {including death), personal
injury, and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of,in connection with, or by
reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or
its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
6. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the Contractor or
any of his/her employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
7. ASSURANCE AGAINST DISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. County or Contractor
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 prohibit discrimination in employment on the basis of race,
color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC § 794),which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC §§ 6101-6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§ 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient
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 II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry,sexual orientation,gender identity or expression, familial status or age; and 11)any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
8. ASSIGNMENT/SUBCONTRACT
The Contractor 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 Contractor, which approval shall be subject to such conditions and provisions as
the Board may deem necessary.
9. COMPLIANCE WITH LAW •
The Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of the services covered by this agreement. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the Board to terminate this contract immediately upon delivery of written
note of termination to the Contractor. The Contractor shall possess proper licenses to perform
work in accordance with these specifications throughout the term of this contract.
10. INSURANCE
Contractor shall provide documentation of insurance coverage required for those individuals
or firms that perform work for or on behalf of the County, as specified in the Monroe County
Risk Management Policy and Procedures Manual as follows:
A. General Liability Insurance. Coverage shall be maintained throughout the life
of the contract and include, as aminimum:
•Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of PropertyDamage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits areprovided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is 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 should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners, 1100 Simonton Street, Suite 2- 205,
Key West, Florida, 33040, shall be named as Additional Insured on all policies issued to
satisfy the above requirements.
B. Vehicle Insurance. Recognizing that the work governed by this contract requires the
use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle
Liability Insurance. Coverage shall be maintained throughout the life of the contract, and to
include, as a minimum, liability coverage for:
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as additional Insured
on all policies issued to satisfy the above requirements.
C. Workers Compensation insurance: Prior to the commencement of work governed
by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits
sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits
of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
11. FUNDING AVAILABILITY
This contract is subject to annual appropriation by the Board of County Commissioners.
12. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to
the following:
FOR COUNTY:
Jeff Manning
Monroe County Emergency Management
490 63RD St. Ocean Ste. 150.
Marathon, FL 33050
FOR CONTRACTOR:
David A. Stroud, CFM
Emergency & Hazard Mitigation Lead
Wood Environment and Infrastructure Solutions, Inc.
4021 Stirrup Creek Drive, Suite 100
Durham,N.C. 27703
•
13. GOVERNING LAWS,VENUE
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 the Agreement, the County and Contractor agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,Florida.
14. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party
to this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the-County or
Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies together
with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were
• paid to Contractor.
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 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 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 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 i f the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
•
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County,but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by
the Contractor. A. Contractor who fails to provide the public records to the County or pursuant to
a valid public records request within a reasonable time may be subject to penalties under Section
119.10, Florida Statutes.
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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT
(305) 292-3470 BRADLEY-BRIANAMONROECOUN Y-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST,FL 33040.
15. SEVERABILITY
If any term,covenant, condition or provision of this Agreement(or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, •
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement.The County and Contractor agree to revise the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
16. ATTORNEY'S FEES AND COSTS
• The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing
party, and shall include attorney's fees, courts costs, investigative,and out-of-pocket
expenses in appellate proceedings.
17. 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 actions, as
required by law.
18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution, performance, or breach of this Agreement, County and Contractor
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 Contractor specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
19. NO SOLICITATION/PAYMENT
The County and Contractor warrant that neither has employed nor retained any company or
person, other than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of the provision, the
Contractor 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.
20. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
21. PROVISIONS REQUIRED BY FEDERAL LAW, 2 CFR part 200.
A. Termination:
Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at
any time, upon sixty(60) days written notice to CONTRACTOR. If the COUNTY terminates this
agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR 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
CONTRACTOR 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. Either party
may cancel this Agreement without cause upon sixty (60) days' written notice of its intention to
do so to the other party; however, this provision may not be exercised during hurricane season
(June 1 to November 30) unless both parties mutually agree to terminate. In the event of
termination, the County shall owe for all goods and services delivered prior to the date of
termination.
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 CONTRACTOR should CONTRACTOR 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 CONTRACTOR with five(5) calendar days' notice and
provide the CONTRACTOR 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 CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due to the
CONTRACTOR under this agreement prior to termination, unless the cost of completion to the
COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right
to assert and seek an offset for damages caused by the breach. The maximum amount due to
CONTRACTOR 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.
In the event that the CONTRACTOR 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 CONTRACTOR.
B. Equal Employment Opportunity,No Discrimination Provisions:
CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party,effective the date of the court order. CONTRACTOR or COUNTY agrees
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 on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;
. 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255),as amended,relating to nondiscrimination on the basis of drug abuse;6)The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the
Civil Rights Act of 1968 (42 USC s. 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
s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 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 CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2
C.F.R. Part 200,Appendix II, C, agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin.The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor,state that all qualified applicants will receive consideration
for employment without regard to race, color,religion, sex, sexual orientation, gender
identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about,discussed,or disclosed the compensation of the employee or applicant
or another employee or applicant.This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing,
or action, including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with which
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 contractor's 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 contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary
of Labor.
6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by 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, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts 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.
The Contractor will include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance;provided,however,that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
22. OTHER FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in
Appendix II to 1 C.F.R. Part 200, as amended, including but not limited to:
A. Davis-Bacon Act, as amended (40 U.S.C. §S3141-3148). When required by
Federal program legislation,which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of$2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §S3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable,the COUNTY must place
a current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program,Port Security Grant Program and Transit Security Grant Program
(it does not apply to other FEMA grant and cooperative agreement programs, including
the Public Assistance Program), the 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.
1) Contractor.The contractor shall comply with 18 U.S.C. § 874,40 U.S.C.
§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract.
2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment
of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
• each contractor must compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient
or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
D. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387). 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). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and
subgrants of amounts in excess of$150,000.
E. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the govemmentwide
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, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
F. Byrd 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.
G. Compliance 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 amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
H. Americans with Disabilities Act of 1990, as amended (ADA) — 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.
I. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy
of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR 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
CONTRACTOR and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
A. If the CONTRACTOR,with the funds authorized by this Agreement, seeks
to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses,women's business enterprises, and labor surplus area firms are used whenever
possible.
B. Affirmative steps must include:
1) Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
2) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,and
women's business enterprises;
4) Establishing delivery schedules,where the requirement permits,which encourage
participation by small and minority businesses,and women's business enterprises;
5) Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency
•
of the Department of Commerce.
6) Requiring the Prime contractor, if subcontractor are to be let, to take the
affirmative steps listed in paragraph(1) through (5) of this section.
J) The Contractor shall utilize the U.S.Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the 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 during the Contract term.
K) Additional FEMA Requirements:
• •Access to Records: Contractor/Consultant and their successors, transferees, assignees,
and subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency's (.FEMA) access to records, accounts, documents, information,
facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance
review or complaint investigation conducted by DHS 2. Give DHS access to and the right
to examine and copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other individuals and
information as nay be necessary.-as required by DHS regulations and other applicable
laws or program guidance. 3. Submit timely, complete, and accurate reports to the
appropriate.DHS officials and maintain appropriate backup documentation to support the
reports.
DNS Deal, Logo and Flags: Contractor shall not use the Department of :Homeland
Security seal(s),logos,crests,or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval.
•
Changes to Contract: The Contractor understands and agrees that any cost resulting from
a change or modification, change order,or constructive change of the agreement must be
• within the scope of any Federal grant or cooperative agreement that may fund this Project
and reasonable for the completion of the Project. Any contract change or modification,
change order or constructive change must be approved in writing by both the COUNTY
and Contractor. •
L) Florida DEM Requirements: .
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) and attached hereto as Exhibit A.
The CONTRACTOR shall bold the Division and COUNTY harmless against all claims
of whatever nature arising out of the CONTRACTOR'S_performance ofwork under this
Agreement, to the extent allowed and required by law.
Mr"'IN,,VVITNES WHEREOF, the parties have caused this Agreement on the day and date first
,reff yr tten above'
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ATTACHMENT A
(Scope of Services) Overview: Monroe County, Local Mitigation Strategy Update
Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(42 U.S.C. 5165, as amended by the Disaster Mitigation Assistance Act of 2000),
requires local jurisdictions to develop and adopt hazard mitigation plans to be eligible to
receive certain federal mitigation grant funds. The Act also requires that local mitigation
plans be updated and revised every five years in order to maintain eligibility for grant
funds. Similar requirements are found in Chapter 9G-22, Florida Administrative Code.
Monroe County, Florida, and the incorporated municipalities of the Village of
Islamorada, City of Layton, City of Key Colony Beach, City of Marathon, and the City
of Key West, adopted the Local Mitigation Strategy, 2015 Revision. Based on FEMA's
date of approval, the LMS expires on December 6, 2020. The Florida Division of
Emergency Management {FDEM) is authorized to review LMS updates. Current
procedures require submission of the final draft at least 6 months before the FEMA
deadline - June, 2020.
The 2015 LMS was prepared by the LMS Work Group with the help of a consultant. At
present, the LMS Work Group, which meets quarterly, is composed of county and city
representatives, and other interested agencies and organizations. The 2020 LMS
Update is to be prepared in compliance with the 2018 Florida LMS Review Tool that
incorporates federal and state mitigation planning requirements along with the current
National Flood Insurance Program's {NFIP) Community Rating System {CRS)
Floodplain Management Planning requirements (Activity 510).
Monroe County, acting on behalf of the LMS Work Group, is soliciting contractor
support to facilitate the LMS update process and to ensure the LMS Update is
prepared to satisfy federal and state requirements.
Resources:
(a) Monroe 2015 LMS Update:
http://www.monroecountyem.com/DocumentCenter/
View/13879/2015-LMS-Plan-PDF
(b) DEM and FEMA planning resources:
https://www.floridadisaster orp/dem/mitigatioNlocaknitigation-
strategy/
(c) 2018 Florida LMS Plan Review Tool/Crosswalk
(d) FEMA Local Mitigation Handbook and Plan Guidance
(e) NFIP CRS Coordinator's Manual: www.CRSresources.orq
Scope of Work:
The 2018FIorida LMS Crosswalk and FEMA guidance mitigation planning documents
detail the planning process. The following tasks are not intended to identify every
activity that will be performed by the contractor. The Contractor is responsible for
facilitating the planning process and guiding the Work Group members to produce an •
LMS update that is approved by FDEM. An important element is to identify changes
between the previously adopted LMS and the update. The LMS Work Group chair will
handle communications to the Work Group, the public, and other stakeholders.
The person or firm selected for this contract will perform the following tasks:
Task 1 -The LMS Update Planning Process
(a) Draft emails, notices, memoranda, and other materials for the LMS
Work Group chair and members.
(b) Discuss by conference call, the planning process with the LMS Work Group
to explain the activity, propose a project schedule, and describe the
expectations for Work Group member participation.
{c) Identify existing resources to be provided by the Work Group members
{e.g., comprehensive plans).
{d) Maintain documentation of the planning process (e.g., meeting minutes,
sign- in sheets, and methods used to conduct the process and obtain Work Group and
public comments).
Task 2 - Hazard Risk and Vulnerability Assessment (HRVA). The County is in
discussion with FDEM regarding the HRVA and expects that FDEM, with County
assistance, will prepare the HRVA. The following is based on the assumption that the
HRVA will be prepared by FDEM.
(a) Review the HRVA, incorporate results into the LMS update, compare to
the 2015 HRVA to characterize differences
(b) Determine if the HRVA inventory adequately captures historic and
cultural resources
(c) Summarize the vulnerability of each hazard and community impacts,
(d) Facilitate obtaining the current Repetitive Loss list from FDEM
and preparation of maps
(e) Address potential impacts from climate change including sea level rise
using the Southeast Florida Regional Climate Change Compact Analysis
of the Vulnerability of Southeast Florida to Sea Level Rise
Task 3 - Capability Assessment & Other Plans (25% of contact price)
(a) Review with each community its capability assessments that describe
agency functions and how hazard are addressed
(b) Gather information from appropriate county and city staff to identify new or
changes in existing plans, programs, policies, ordinances, or regulations
that pertain to hazard mitigation to include in the updated Capability
Assessment
(c) Identify changes in flood insurance studies, flood insurance rate maps,
participation in the CRS program, and ongoing and proposed efforts to
reduce flood losses
(d) Review LMS annual reports
(e) Review State Hazard Mitigation Plan to identify coordinating
updates appropriate forconsistency
(f) Draft revisions to pertinent sections of the LMS for review by the pertinent
community and Work Group representatives
Task 4- LMS Work Group Meeting #1 & Mitigation Initiatives/Actions/Projects
(25% of contract price)
(a) Work Group meeting #1: review HRVA and revisions; review Mitigation Goal
Statement; review changes in capability assessment
(b) Review progress on the list of mitigation initiatives through review of LMS
Annual Reports and facilitate Work Group member contributions to update list
of mitigation initiatives
(c) Facilitate a discussion on the proposed LMS update changes
(d) Incorporate revisions in the LMS and circulate for comment
Task 4.5 - Repetitive Loss Area Analyses. This subtask will be performed only if
specifically assigned. Communities that participate in the CRS that have 10 or more
properties identified by the NFIP as "repetitive loss" properties are required to prepare
"repetitive loss area analyses" in accordance with the FEMA Guidance (CRS
Coordinator's Manual; Mapping Repetitive Flood Losses). The analyses can be adopted
by individual communities as an addendum to the LMS.
Task 5 - LMS Work Group Meeting #2 & Draft LMS Revisions (25% of contract
price)
(a) Work Group meeting #2: review all revisions; summarize substantive
comments; incorporate current LMS projects provided by each jurisdiction into
update; consider new programmatic actions and prioritize; identify potential
projects that could also accrue CRS points; focus on mitigating Severe
Repetitive Loss and Repetitive Loss properties
(b) Complete all of the parts of the Plan Review Tool in final form, ready for
delivery to FDEM as reflected in Attachment B.
(a) Prepare final draft LMS Update
(b) Provide final draft LMS Update in electronic format and six (6) hardcopies for
communities to make for public review and solicit comments
(c) Conduct public meeting, report comments to LMS Work Group and address, if
necessary
Task 6- Final Draft LMS Update, Final LMS Update, and LMS Adoption (25% of
contract price)
(a) Prepare final draft LMS Update and Florida LMS Crosswalk for submission
to FDEM (deadline: June 6, 2020)
(b) Incorporate FDEM comments into LMS and provide to Work Group
for concurrence
(c) Prepare final LMS and provide to County and municipal Work
Group members for adoption
(d) Incorporate resolutions of adoption into LMS Update
(e) Deliver all files on digitally for submission to FDEM (deadline: December 6,
2020)
Rd CERTIFICATE OF LIABILITY INSURANCE DATEomManYn
11/0402010
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
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REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the arlMicats holder I. en ADDITIONAL INSURED. the poUc Iss) must have ADDITIONAL INSURED proiislons cc ha endorsed.
I SUBROGATION 18 WAIVED, subject to the Sums and conditions of Si. policy. meta policies may rsgelte en sndorsamsnt. A statement on
this cartillate does not confer nights loth'eatitlats holder In Nu of such sndmsamantle).
FROMM tart
Aon Risk Services Southwest, Inc. ateL., (365) 283-7122 I{ARLNF.x (B00) 303-0105
Houston TX Office
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Suite 1500
Houston TX 77056 USA
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and its Subsidiaries and Affiliates
17325 Park Row M,mIR
Houston TX 77084 USA
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COVERAGES CERTTRCATE NUMBER: 670079118908 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE um!) BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
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SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED WOOD COMPANIES. RE: Project Description: Development of Hazard Mitipatior
Plan. Monroe county Board of county cowl ssioners is included as Additional Insured in accordance frith the policy provisions
of the General Liability and Autoaobile Liability polici es.
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CERTIFICATE HOLDER CANCELLATION
IINauD ANY OP Me ABM osaatalm Pax=e BA CANealae RNnnla TN� pawATION
OATS TKEREOP,NOtowteJORMYRAl9 IAOroeWJ$oeWH TRIPOUCYPR0Y1f10lrL
Monroe County Board AUn oungDNEIIQ'ASO uNE
of County Comaissioners
Attu: Leff Manning rK
1100 Sicionton Street, Suite 2-205 cGly
Key West FL 33040 use ftwohre taw
OISS$.2013 ACORD CORPORATION.AD Nights reserved
ACORD 25(2010104) The ACORD rams and logo are iugktend mans of ACORD
AGENCY CUSTOMER ID: 570000021966
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AsoRd ADDITIONAL REMARKS SCHEDULE Page _ of _
ACIBICY NAMED WW D
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COYLY? MIER
See Certificate Number: 570079118968
CARRIER NAc CODE
See Certificate Number: 570079118968 ERECINEWE
ADamomm.REMARKS
THIS ADDITIONAL SWANKS FORM ID A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TRLE: Certificate of Liability lnetxanse
Additional Named Insured
Named Insureds:
7WGUSA Holdings, Inc.
AGRA Pipeline Professionals, Inc.
AMEC Construction Management, Inc.
AMEC ESE P.C.
AMEC Engineering and consulting of Michigan, Inc.
Mec Foster wheeler inc.
Amec Foster wheeler USA corporation
Amec Foster Wheeler Programs Inc.
Amec Foster Wheeler Power systems, inc.
Mec Foster Wheeler Constructors, Inc.
Amec Foster wheeler Energia, S.L.U.
Amec Foster wheeler E&C Services, Inc.
Mec Foster wheeler industrial Power Company, Inc.
Wood Massachusetts, Inc.
Amec Foster wheeler Martinez Inc.
Amec Foster wheeler North America Corp
Amec Foster wheeler Ventures, Inc.
Amec Foster wheeler Oil and Gas, Inc.
AMEC USA Holdings, Inc.
Foster Wheeler Development corporation
Foster Wheeler Intercontinental Corporation
Amec Foster Wheeler Kamtech, Inc.
MACTEC Engineering and Consulting, P.C.
QED International LLC
Rider Hunt International USA, Inc.
wood Group USA, Inc.
wood Group Alaska, LLC
Wood Group PSN, Inc.
Altablue, Inc.
cape software, Inc.
BMA Solutions, Inc.
Global Performance, LLc
7ohn wood Group PLC
' DIG (Repair & overhauls) USA, Inc.
Ingenious, Inc.
Mustang Process and Industrial
Mustang International, LP
c E C controls company, Inc.
wood Environment & Infrastructure solutions Inc.
ACORD 101(20081011 •200t ACORD CORPORATION.Al tights Men et
TINACORD norm andlaooennpat+ndmaltsofMCOND