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Item C11 C.11 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting December 9, 2020 Agenda Item Number: C.11 Agenda Item Summary #7617 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305)289-6325 NO AGENDA ITEM WORDING: 1st Amendment to a contract with Wood Environmental and Infrastructure Solutions, Inc., regarding a revision to the Monroe County Local Mitigation Strategy, to clarify payment schedule. There is no change to the contract amount. ITEM BACKGROUND: On November 20th, 2019, Monroe County entered into agreement with Wood Environmental and Infrastructure Solutions, Inc., to complete a required five-year revision to the Monroe County Local Mitigation Strategy. The body of the agreement provides for payment of 20% of the contract price upon completion of each of Tasks 2, 3, 4, 5, and 6, while the Scope of Services (Attachment A to the contract) noted payment of 25% for each of Tasks 3, 4, 5„ and 6. This amendment replaces the previous Attachment A Scope of Services in order to align with the body of the contract. There is no change to the contract amount. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the contract in its entirety at the November 20th 2019 meeting. CONTRACT/AGREEMENT CHANGES: Contract Amendment STAFF RECOMMENDATION: Approval DOCUMENTATION: CONTRACT WOOD 1 ST AMENDMENT with ATTACHMENT A 11_20_2019 Agreement EXECUTED COI John Wood Group PLC-Monroe County Board-19110416668247-570079118968 FINANCIAL IMPACT: Effective Date: December 9, 2020 Expiration Date: February 18, 2022 Packet Pg. 138 C.11 Total Dollar Value of Contract: $64,750 Total Cost to County: $16,187.50 Current Year Portion: Budgeted: Yes Source of Funds: Local and Grant CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO If yes, amount: Grant: $48,562.50 County Match: $16,187.50 Insurance Required: YES Additional Details: AMENDMENT ONLY, no changes to budget N/A REVIEWED BY: Pedro Mercado Completed 11/19/2020 9:13 AM Shannon Weiner Completed 11/19/2020 11:19 AM Purchasing Completed 11/19/2020 11:33 AM Budget and Finance Completed 11/19/2020 1:13 PM Maria Slavik Completed 11/19/2020 1:16 PM Liz Yongue Completed 11/20/2020 4:08 PM Board of County Commissioners Pending 12/09/2020 9:00 AM Packet Pg. 139 C.11.a 1"AMENDMENT TO CONTRACT WOOD EVIRONMENT AND INFRASTRUCTURE SOLUTIONS,Inc. MONROE COUNTY THIS I" AMENDMENT ("Amendment"), is made and entered into this 9th day of December 2020 by and between MONROE COUNTY,FLORIDA,(hereinafter called the "Owner"), and WOOD EVIRONMENT AND INFRASTRUCTURE SOLUTIONS, Inc., 0 (hereinafter called the"Contractor"). 0 WHEREAS, on November 20, 2019 the Owner entered into an Agreement (Original Agreement) with the Contractor for purposes of updating the 2020 Local Mitigation Strategy; and WHEREAS, the contract included an attachment identified as "Attachment A"; and W WHEREAS, Attachment A defined the Scope of Services; and WHEREAS, the body of the contract provides for payment of 20% of the contract price upon completion of each of Tasks 2, 3, 4, 5 and 6; and WHEREAS, in Attachment A Scope of Services, Tasks 3, 4, 5 and 6 are noted as being 25%of the contract price; and WHEREAS,the parties wish to clarify the discrepancy by deleting the ambiguity created LU in Attachment A; NOW, THEREFORE, in consideration of the premises and of mutual covenants and promises hereinafter contained, the parties hereto hereby agree as follows: i Section 1. Attachment A (Scope of Services) Overview: Monroe County, Local Mitigation Strategy Update of the Original Agreement is hereby replaced in its entirety with Attachment A — December 2020 (Scope of Services) Overview: Monroe County, Local Mitigation Strategy Update. Section 2. All other provisions of the Original Agreement dated November 20, 2019 not inconsistent herewith shall remain in full force and effect. THE REMAINDER OF THIS PACE HAS BEEN INTENTIONALLY LEFT BLANK. Packet Pg. 140 C.11.a IN WITNESS WHEREOF, the parties have caused this Agreement on the day and date first written above. (SEAL) ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor 0 U WOOD EVIRONMENT AND INF=1 ImE S LUTIONS, Inc. By: W Title STATE OF: COUNTY OF: �+ Subscribed and sworn to (or affirmed) before me, by means of(physical presence or O online notarization, on o �- 1 -� o (date} by v/ S�" Z (name of affiant). He/She is personally known to me or has produced LU (type of identification) as identification. z/W�14 ® NOTARY PUBLIC WILLIAM A.WILLIAMS NOTARY PUBLIC WAKE COUNTY,N.C. My CammWsion Expires 0&13.2023. 0 Packet Pg. 141 C.11.a ATTACHMENT A-December 2020 (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. U 0 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 y procedures require submission of the final draft at least 6 months before the FEMA W 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: Z httpsJM ww.11aridadisasleror sirategY/ .. (c) 2018 Florida LMS Plan Review Tool/Crosswalk (d) FEMA Local Mitigation Handbook and Plan Guidance (e) NFIP CRS Coordinator's Manual: www.CRSresources.org 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 Packet Pg. 142 C.11.a 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 0 (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 Groupmembers y (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 HRVAto 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 (a) Review with each community itscapability 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 Packet Pg. 143 C.11.a (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 (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 W 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 ca adopted by individual communities as an addendum to the LMS. Task 5 - LMS Work Group Meeting#2 & Draft LMS Revisions (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. (c) Prepare final draft LMS Update (d) Provide final draft LMS Update in electronic format and six (6) hardcopies for communities to make for public review and solicit comments (e) Conduct public meeting, report comments to LMS Work Group and address, if necessary Packet Pg. 144 C.11.a Task 6- Final Draft LMS Update, Final LMS Update, and LMS Adoption (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 andmunicipal Work Group members foradoption (d) Incorporate resolutions of adoption into LMS Update 0 (e) Deliver all files on digitally for submission to FDEM (deadline: December6, 2020) LU LU LU Packet Pg. 145 couR., C.11.b Kevin Madok, CPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: February 25, 2020 TO: Jeff Manning, Sr. Planner Emergency Management FROM: Pamela G. HancoC. SUBJECT: November 20,2019 BOCC Meeting Attaclied is an electronic copy of die following item for your handling: 0 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 die five year revision of die Monroe County Local Mitigation Strategy; and granted the audiority to negotiate and enter into Contracts with the #2 or#3 vendors if necessary; and also granted authority for die County Administrator to execute any additional necessary documentation. y Monroe County has been awarded a FEMA Mitigation grant to reimburse up to 75%of this cost. W NOTE:This document was ratified at die February 19, 2020 BOCC meeting. Slhould you liave any questions, please feel free to contact me at ext. 3130. CD 2 CD CD i i 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 Packet Pg. 146 CONTRACT THIS AGREEMENT ("Agreement"), made and entered into this 20th day of November, 2019 byandbetweenMONROECOLNTY,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. 0 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 y 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, E riles 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 inthe proper form as stipulated Ni 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 r- 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. Packet Pg. 147 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, LU LU 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 IY of the Education Amendment of 1972, as LU 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 m discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 2 CD 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 i 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 I1, 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 Packet Pg. 148 the Board may deem necessary. 9. COMPLIANCE WITH LAW The Contractor shall abide by all statutes, ordinances, riles 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 n 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 cv An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, N 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: Packet Pg. 149 IC'11.b $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. e 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. 0 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 m This contract is subject to annual appropriation by the Board of County Commissioners. 2 12. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered C44 or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to CD N the following: i FOR COUNTY: Jeff Maturing 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 Packet Pg. 150 C.11.b 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 terin of the Agreement and for four c 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 0) purposes not authorized by this Agreement, the Contractor shall repay the monies together a with interest calculated pursuant to See. 55.03, FS, running from the date the monies were 0) 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 pen-nit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or tinder 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 E by the Contractor. Failure of the Contractor to abide by the teens of this provision shall be deemed 2 a material breach of this contract and the County may enforce the teens 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 C44 termination or expiration of the contract. N 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 terns and conditions of this contract, the Contractor is w required to: (1) Keep and maintain public records that would be required by the County to perfonn 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 tern 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 Packet Pg. 151 C.11.b 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. 0 If the Contractor does not comply with the County's request for records, the County shall enforce 0 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 0) 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 I t9.10, Florida Statutes. Ccm.tractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public W records unless or otherwise provided in this provision or as otheilvise 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-BRIANT@MONROECOUNIT-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST,FL 33040. N i 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 andprovisions of this Agreement would prevent the accomplishinent 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. t6. 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 Packet Pg. 152 IC'11.b 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 0 In the event any administrative or legal proceeding is instituted against either party relating to U 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, 0) 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 03 no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. n 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 E 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 fullCD amount of such fee, commission, percentage, gift, or consideration. C44i N 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: Tennination 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 fiends 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 Packet Pg. 153 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 tenninate. In the event of tennination, the County shall owe for all goods and services delivered prior to the date of tennination. Tennination for Cause and Remedies: In the event of breach of any contract teens,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 tennination, 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 0) 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 cvi discrimination has occurred, this Agreement automatically tenninates without any further action N 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 Packet Pg. 154 C.11.b 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 Il, 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 perfoi7nance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Coinp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200,Appendix 11, T C, agrees as follows: e 0 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 LU 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 2 on behal f 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. cvi cv 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' Packet Pg. 155 IC'11.b 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 fiirnish 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. c 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 finther 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 W otherwise provided by law. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) tluough (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 C44i involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such N 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 11 to 1 C.F.R. Part 200, as amended, including but not limited to: A. Davis-Bacon Act, as amended (40 U.S.C. §53141-3148). 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. §§3141-3144, and 5§3146-3148) as supplemented by Department of Labor rebnilations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Packet Pg. 156 C.11.b 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 E subcontracts the clause above and such other clauses as the FEMA may 2 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 Cvi subcontractor or lower tier subcontractor with all of these contract C44 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 Packet Pg. 157 IC'11.b 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, assigmnent 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 Finns 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 a Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, 0) 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 WaterLu Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and sub-rants of amounts in excess of$150,000. Lu Lu 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 governmentwide E 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 cVi otherwise excluded by agencies, as well as parties declared ineligible under statutory or C44 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 most 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 Packet Pg. 158 C.11.b 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 affnnative 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 goverunent issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. e 0 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 03 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 W 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 E 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 i 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. Affinnative 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 pen-nit 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 Packet Pg. 159 C.11'b 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 lured by the subcontractor during the Contract term. K) Additional FEMA Requirements: Access to Records: Contractor/Consultant and their successors, transferees, assignees, 0 and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland. Security (DHS) and the Federal Emergency W 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 inforniation,as .may 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. DHS 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 i 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 cornpletion 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 Subativard and Grant Agreement between COUNTY and the Florida Division of Emergency Management(Division) and attached hereto as Exhibit A. The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's.perfommnce of'work under this Agreement, to the extent allowed and required by law. Packet Pg. 160 9 'IN,WITNESS WHEREOF, the parties have caused this Agreement on the day and date first ""�.rr+" ` t,'+f� written above' m�•.� ATy1ES_ ; I �IN MADOK, CLERK BOARD OF CO TY COMMISSIONERS OF Y,FLO A 'By`s By: Deputy Clerk May r CONTRACTOR By: �✓d�d/!�� -`J Witnesses Title MON90E CO j ATI'C INEY F}FiOV A!' FO LU / c, PED J.MERCADO LU ASSISTA COUNTY RTTO 21 2y?b E ate � cv CD cv i M C:� O 0CD LL- N G Q Packet Pg. 161 IC'11.b ATTACHMENT A (Scope of ServicesLOverview: 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. 0 U Monroe County, Florida, and the incorporated municipalities of the Village of 0 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 y deadline - June, 2020. W 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 U 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 i 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: httpslMnrw.foridadisasterorg dem/mitigatioNlocal mitigation- (c) 2018 Florida LMS Plan Review Tool/Crosswalk (d) FEMA Local Mitigation Handbook arid Plan Guidance (e) NFIP CRS Coordinator's Manual: www.CRSresources.ora Scope of Work: Packet Pg. 162 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 isresponsible 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. 0 The person or firm selected for this contract will perform the following tasks: 0 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 Groupmembers {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 itscapability assessments that describe agency functions and how hazard are addressed (b) Gather information from appropriate county and city staff to identify new or Packet Pg. 163 • C.11.b 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 0 U 0 i N i Packet Pg. 164 IC'11.b (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 0 properties identified by the NFIP as "repetitive loss" properties are required to prepare "repetitive loss area analyses" in accordance with the FEMA Guidance (CRS 0) 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 W 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 2 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 i communities to make for public review and solicit comments (c) Conduct public meeting, report comments to LMS Work Group and address, if necessary Packet Pg. 165 C.11.b 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: December6, 2020) c U 0 N i N i Packet Pg. 166 iC.11.b Rd CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE HOLDER. THIS CERTIFICATE DOES NOT AFFTRMATIVEL.Y OR NEBATNELY AMEND. MITEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INBURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the co iab holder Is an ADDITIONAL INSURED, the po[L-XI f) must have ADDITIONAL INSURED provbNns or be endormad. I SUBROGATION 18 WANED, sub*d to the Sums and aondMons of the ply. CeRahN potldes mey ntgedrs an mWorsaspmot. A statmment on thIs corMicole does not confer 01ghts to the owd1la tm h~In INU of such end onem6114111). Aon Risk services southwest, Inc. mq: (866) 283-7122 p„x (800) 383-010S Houston Tx Office SSSS San Felipe Suite 1S00 Houston TX 77056 USA sNwslslllgAPPdatlll6CovDuaa Iwee wsRMI) araemlA: ACE American Insurance Company 22667 11000SA Holdinus, Inc. wasp flood Group USA, Inc. seamalc and its subsidiaries and Affiliates 17325 Park Row M,m� Houston Tx 77084 USA ¢ aoaaeee colas R (,� COVERAGES COWMAN NUMBER: 57OD791189N RiVMN NUIIIIS R: THIS ID TO CERTIFY THAT THE POLICIES OF INSURANCE USTID BELOW HAVE BEEN ISSLED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDWG ANY ReaUIREdENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER 0001 MENT VYITH RESPECT TO MMICH THIS CE RTIRCATE MAY BE ISSUED OR MAY PERTAIN. THE I UW4CE AFFORDED BY THE FOUCIF.B DESCRIBED MEN 16 SUBJSLT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOMM MAY HAVE BEEN REDUCED BY PROD CLIUMB Llmdb ehown WSW In Tom orwewira POUCYMaBEt AWNIM mom um A E x oauMaALonutALru-+-arain IAdeoocuaaElea S1,000, CLA1tiNAAa! I7I'aMla PaE11OQniRm+mw) 511000,0014 �t YEDEKPVM=F o0 SS,000 PERSONALaAWPUM $2.000,00q )g W a0A.Ao0AE0ATIL/NRAPPUEIP9e GMEMADDREARE $2.0m.wq $ Pou, �x NPRO� �LOD rmoacmeaNPOPAoo $4,000, OTHER: A ,,,,ra,,Y ISA N2S300312 07/01/2019 07/01/2020 N LANs !`S2,000, Ca X ANY AUTO mODaYRNAIRY(P.eweoR) O p OW AU sOOIY SWRY(Pffm O 2 HYAMAMON DAMAGEPROPERTY ONLY MNTOSONLYY (PW rcdfe !v !� saLIALos OCONA EAd10CdIRadCE CLANSMAN - RClarINAa CMSMAN ADORNG DWI RETENTION A r noNAND WLRC66039262 07/01/2019 07/01/2020 x �ur> ANY PROPRee:rOR N PARTNER IMCUTNE YNM Mork [Deist- ADS B1.EAI:NACCIDDIT $1,000, CD A OFF RAeEM REAMUDrm N NIA RWCC66039304 07/01/2019 07/01/2020 Mork Comp- MI ELOISEM&EAENPLOYEE $1.000.. . M a oF'A OPE ATtONS W. E.L.O156%6#W9r UMrT $i 000 I r � r ogocmpmeromwarlmNLourf mi%lml f(ACORDin.AAaler-11-10--cm 016eawmicn110rffimq fbep&" SEE ATTACHED ADDENDUM FOR ADDITIONAL MANED INSURED MOOD COMPANIES. RE: Project Description: Development of Hazard Mitipati Plan. Monroe County Board of County Comsissioners is included as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. P7V GaEMfE�M W� CERTIFICATE VOIDER CANCELLATION SMUD ANY OF IN Asova mnarr®PaUam a CAN=Uae avoNa I MIRATION WE WW WOMORTeueaDELIVI lmwACONIUMlNawm TnNrouaweoNsat� Monroe County Board AualloaaeaaapQmornms of County Comissioners AttKey tiff Nanning e� e:� e9m0W"4 �e� 1100 Simonton street, suite 2-205 Key MlSt FL 33040 USA /GLWNd Ap 4XIM-d15 ACORD CORPORATION.Al!tads mm"d ACORD 25(2M6M The ACORD rnmm and logo am Nsamtsrad rrlaflls ofACORD Packet Pg. 167 'C.11.b AGEWYCUiTDM®lgr 570000021966 Loot. ,�eoRd ADDITIONAL REMARKS SCHEDULE Page _ of _ AGEWY MMODUURM Aon Risk services southwest, Inc. 7WGUSA Holdings, Inc. POMMMIER See Certificate Number: 570079118968 WPM wuceooE See Certificate Number: 570079118968 E"ECINE DAM AIIOfl10NAt.REMAMW TM ADOMONAL NW WO FORM W A SCHOULE TO ACM FORM, PORN NUMBER: ACORD 25 FORM TRLE: Cedffl=te of UaWfty Inauwwe Additional Named insured Named Insureds: 7WGUSA Holdings, Inc. AGRA Pipeline Professionals, Inc. AMEC Construction Management, Inc. AMEC E6E P.C. AMEC Engineering and Consulting of Michigan, Inc. Alec Foster Wheeler Inc. C Amec Foster Wheeler USA Corporation C) Amec Foster Wheeler Progress Inc. C Amec Foster Wheeler Power Systems, Inc. Amec Foster Wheeler Constructors, Inc. Amec Foster Wheeler Energia, S.L.U. Amec Foster Wheeler E&C Services, Inc. Alec Foster wheeler industrial Power Company, Inc. Wood Massachusetts, Inc. Mec 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. r 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, W cape software, Inc. BMA solutions, Inc. a) Global Performance, LLC 2 7ohn Wood Group PLC RWG (Repair & overhauls) USA, Inc. ingenious, Inc. Mustang Process and industrial r Mustang international, LP cv C E C Controls Company, Inc. wood Environment & Infrastructure solutions Inc. r I r C n3 ACORD 101 9200MI 02M AOORD CORPORATION.M dyib rwrML 1INAOOROn"wW1* orrnO,W-anubafACORD Packet Pg. 168 C.11.c DATE(MM/DD/YYYY) A �® CERTIFICATE OF LIABILITY INSURANCE 11/04/2019 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Aon Risk Services Southwest, Inc. PHONE FAX Houston TX Office (A/C.No.Ezt): (866) 283-7122 (FAN Houston (800) 363-0105 5555 San Felipe E-MAIL DD SS: Suite 1500 Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# .E INSURED INSURERA: ACE American Insurance Company 22667 0) 3WGUSA Holdings, Inc. INSURERB: Wood Group USA, Inc. and its Subsidiaries and Affiliates INSURER C: 17325 Park Row INSURER D: N Houston TX 77084 USA W INSURER E: INSURER F: SA COVERAGES CERTIFICATE NUMBER: 570079118968 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 r 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, CD CD EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested CD CD INSR ADDL SUBR POLICY EFF POLICY EXP LID LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS �c A X COMMERCIAL GENERAL LIABILITY HDOG71570009 07 01 2019 07 0112020 EACH OCCURRENCE $1,000,000 N CLAIMS-MADE X❑OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 P' n'LAGGREGATE�LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 CD POLICY I X IPE� I I LOC PRODUCTS-COMP/OP AGG $4,000,000 r" I—1 IIL--III OTHER: E� A AUTOMOBILE LIABILITY ISA H25300312 07/01/2019 07/01/2020 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 cu X ANYAUTO BODILY INJURY(Per person) OWNED AUTOS SCHEDULED BODILY INJURY(Per accident) ONLY AUTOS HI RED AUTO S NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY (Per acciden t) 0 UMBRELLA LIAB OCCUR EACH OCCURRENCE EEXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION A WORKERS COMPENSATION AND WLRC66039262 07/01/2019 07/01/2020 X STATUTE OTH EMPLOYERS'LIABILITY ER Y/N Work Comp- ADS (, A ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A RWCC66039304 07/Ol/2019 07/Ol/202p E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 CL DUes describe under , DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 0. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ' SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED WOOD COMPANIES. RE: Project Description: Development of Hazard Mitigatio Plan. Monroe County Board of County Commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. ~ I ML :� tJ 1 CERTIFICATE HOLDER CANCELLATION E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. S y� Monroe County Board AUTHORIZED REPRESENTATIVE of County Commissioners Attn: 3effManning 9 S�-„ L, 1100 Simonton on Street, Suite 2-205 �]n/p/may i%7l)f�e. !� Key West FL 33040 USA CiGl. L _ ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 169 AGENCY CUSTOMER ID: 570000021966 C.11.c LOC#: '4 �® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services southwest, Inc. JWGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570079118968 CARRIER NAIC CODE See Certificate Number: 570079118968 EFFECTIVE DATE: ADDITIONAL REMARKS tJ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, O FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured Named Insureds: JWGUSA Holdings, Inc. AGRA Pipeline Professionals, Inc. AMEC Construction Management, Inc. N AMEC E&E, P.C. r AMEC Engineering and Consulting of Michigan, Inc. Amec Foster Wheeler Inc. Amec Foster wheeler USA Corporation Amec Foster wheeler Programs Inc. Amec Foster Wheeler Power Systems, Inc. Amec Foster Wheeler Constructors, Inc. Amec Foster Wheeler Energia, S.L.U. Amec Foster Wheeler E&C Services, Inc. Amec Foster wheeler Industrial Power Company, Inc. LO wood Massachusetts, Inc. Amec Foster Wheeler Martinez Inc. Amec Foster wheeler North America Corp tV Amec Foster Wheeler Ventures, Inc. Amec Foster Wheeler Oil and Gas, Inc. to to AMEC USA Holdings, Inc. Foster wheeler Development Corporation Foster wheeler Intercontinental Corporation r Amec Foster wheeler Kamtech, Inc. r MACTEC Engineering and Consulting, P.C. QED International LLC ' Rider Hunt International USA, Inc. cu Wood Group USA, Inc. Cal wood Group Alaska, LLC Wood Group PSN, Inc. Altablue, Inc. Cape Software, Inc. O BMA Solutions, Inc. Global Performance, LLC John wood Group PLC RWG (Repair & overhauls) USA, Inc. O Ingenious, Inc. Mustang Process and Industrial Mustang International , LP C E C Controls Company, Inc. CL wood Environment & Infrastructure solutions Inc. O O O O I tJ O ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 170