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02/17/2021 Agreement ,ecouar ' °'.• Kevin Madok, CPA ifititl v;, .._. Clerk of the Circuit Court&Comptroller— Monroe County, Florida kl, . DATE: February 23, 2021 TO: Rhonda Haag Chief Resilience Officer Liz Yongtre Executive Assistant FROM: Pamela G. Harrct .C. SUBJECT: February 17' BOCC Meeting Attached is an electronic copy of the following item for your handling: D4 Contract with Wood Environmental & Infrastructure Solutions, Inc., for an amount not to exceed $1.50,000.00,for monitoring services for Hurricane Irma marine debris removal from canals in unincorporated Monroe County not approved under the former OSDA NRCS Grunt, funded by grant funds from the Florida Department of Environmental Protection Stewardship Grant 1244074. Should you have any questions please feel five to contact me at(305) 292-3550. 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 AGREEMENT FOR CONSULTING SERVICES FOR HURRICANE IRMA MARINE DEBRIS MONITORING AND DISASTER RELATED SERVICES BETWEEN MONROE COUNTY AND WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS,INC. This Agreement ("Agreement") made and entered into this 17th day of February, 2021 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners (`BOCC"), AND Wood Environment and Infrastructure Solutions, Inc., a corporation of the State of Nevada authorized to do business in the State of Florida, whose address is 5845 NW 158th Street, Miami Lakes, Florida 33014 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, the canals in Monroe County have been negatively impacted by Hurricane Irma; and WHEREAS, the COUNTY applied to FDEP for funding of marine debris removal monitoring and related services for canals; and WHEREAS, the FDEP has provided grant LP44074 to fund these services; and WHEREAS, the COUNTY issued a solicitation for Marine Debris Monitoring and related work; and WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Hurricane Irma Marine Debris Monitoring and Related Services; and WHEREAS, CONSULTANT has agreed to provide monitoring services which shall include but not be limited to providing hurricane marine debris monitoring services and program management services, which services shall collectively be referred to as the"Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1 FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 2 1.1.8 The effective date of this Agreement shall be February 17, 2021. The term of the Agreement shall continue through December 31, 2021 unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT at the same terms and conditions with approval from the COUNTY'S Governing Board if needed for additional Hurricane Irma marine debris removal monitoring. Such extension shall be in the form of a written Amendment to the Agreement executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Exhibit A to this Agreement. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS,DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: For the County: Mr. Roman Gastesi, Jr. and County Attorney's Office Monroe County Administrator 1111 12" St., Suite 408 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Key West, Florida 33040 For the Consultant: Wood Environment and Infrastructure Solutions, Inc. Attn: Greg Corning Florida Civil Design Team Lead 5845 NW 158th Street Miami, Florida 33014 3 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving a Task Order and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. Each Task Order requires the approval of the Board of County Commissioners. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county-maintained roads, and any available maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 4 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Christine Mehle, P.E. Service Line Lead Ricardo Fraxedas, P.E. Quality Assurance / Control Lead Kirby Lastinger, CSP, CIT, CHMM Debris Monitoring Safety Specialist Greg Corning, P.E. Project Manager Dustin Atwater, GISP GIS Analyst/Data Manager Josh Ptomey Field Supervisor Bruce Williams Field Monitor 5 Tonya Morris Adminstrative Soraya Gomez Adminstrative Maggie Kanakis Adminstrative So long as the individuals named above remain actively employed or retained by the CONSULTANT,they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The Contract Sum shall not exceed One Hundred Fifty Thousand Dollars ($150,000) unless amended by formal approval of the Monroe County BOCC. The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Exhibit B to this Agreement. The COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONSULTANT. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid in accordance with assigned Tasks and completion of Tasks, based on submitted invoices. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. 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. 7.3 REIMBURSABLE EXPENSES 7.3.1 There shall be no reimbursable expenses allowed under the Contract. 6 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration and approval of FDEP and receipt of funds by FDEP. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or 7 subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00)per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a"claims made"policy, CONSULTANT shall maintain coverage or purchase a"tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. Jones Act or Watercraft coverage is required G. COUNTY and FDEP shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. H. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. J. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. s 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. The COUNTY may terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTUULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however,the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.. B. The COUNTY may cancel this Agreement without cause by giving the CONSULTANT sixty (60) days written notice of its intention to do so. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In 9 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. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and Exhibits A and B, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a'-public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the date of submission 10 of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16t' Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, 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. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and Subconsultants and their respective legal representatives, successors, and assigns. 11 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which 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), 12 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. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to tenninate 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. 13 9.21 PUBLIC ACCESS. Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter It 9, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the COUNTY . (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the COUNTY to perform the service. if the CONSULTANT transfers all public records to the COUNTY upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT 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 14 contract upon violation of this provision by the CONSULTANT. 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 sectionl 19.10, Florida Statutes. The CONSULTANT 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292-3470 BRADLEY-BRIAN(tiMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408,KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 15 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 9.29.1 Equal Employment Opportunity. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and 16 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 TT, ¶C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation, gender identity, or national origin. 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation 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 CONSULTANT's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONSULTANT's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and 17 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 CONSULTANT'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 CONSULTANT 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. 8) The CONSULTANT 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 CONSULTANT 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 CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, 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 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. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 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. 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, 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 18 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. 9.29.4 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. 9.29.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 9.29.6 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 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. 9.29.7 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. 19 9.29.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONSULTANT 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. Other Federal Requirements: 9.29.9 Americans with Disabilities Act of 1990 (ADA) — The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.10 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 CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.112 C.F.R. § 200.321 Contracting With Small And Minority Businesses, Women's Business Enterprises, And Labor Surplus Area Firms a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, 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; 20 (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 subcontractors are to be let, to take the affirmative steps listed in paragraph(1)through(5)of this section. 9.30 The Consultant 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 Consultant during the term of the Contract and shall expressly require any subconsultants 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 subconsultant during the Contract term. sap SS WHEREOF, each party has caused this Agreement to be executed by its duly presentative on the day and year first above written. (.,To 0 L . N ,• ) • BOARD OF COUNTY COMMISSIONERS ,r MADOK, Clerk OF MONROE COUNTY, FLORIDA , By: By: . �CS.t.IIT As Deputy Clerk Mayor r41 Al-MONEY FORM Date: I Z, �^' >.t r RNEY (Seal) WOOD ENVIRONMENT AND °"°s 2/18/21� INFRASTRUCTURE SOLUTIONS,INC. Attest: BY: yip Title: Sr. Project Administrator Title:Florida Civil Design Team Lead m z Mt -n or m c co W .T STATE OF: Florida - a COUNTY OF: Miami-Dade y o O w Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or EX online notarization, on January 28 2021 (date) by Greg Cnrning (name of affiant). He/She is personally known to me or has produced personally known to me (type of identiticatio s ide tific tin. f ,,.-.,. mm.ewanwka.a..n.. ;74�f"'?'. tncaLas&oxtsOMA 4 '" exenestrmm.u» . G 21 EXHIBIT A SCOPE OF SERVICES Upon written authorization from the County, the Consultant will perform the tasks outlined below to assist the County in responding to the aftermath of Hurricane Irma and its impacts on approximately 108 canals in unincorporated Monroe County. The canals are as shown in Attachment A to this agreement. All activities will comply with the requirements of grant agreements from FDEP for GrantLP44074 and any applicable federal or State laws and local ordinances. This scope of services covers monitoring work in canals in unincorporated Monroe County. The County anticipates that marine debris removal work may be performed in one to two locations simultaneously. NO TDMA management is allowed. The CONSULTANT shall be prepared to stafftwo vessels of the marine debris contractor with one site monitor at the same time if possible. The Consultant shall designate a qualified accessible project manager. That monitor shall have full authority to act on behalf of the consultant and its subcontractors and all communications given to the supervisor in writing by the County's authorized representative shall be as binding as if given to the selected firm. There will be no TDMA sites or site management. The Consultant shall provide the following services: Provide immediate general program management services with regards to marine debris collection and disposal activities within the County. Provide immediate contract monitoring services related to managing the activities of the County's marine debris contractor(s), including but not limited to: A. Monitor contractor activity to confirm accuracy and compliance with all federal and state laws and local ordinances; B. Ensure proper equipment is mobilized and used, and ensure proper loading techniques are utilized; C. Monitor marine debris on-site management for adherence to all local, state and federal requirements; • Ensure adherence to safety procedures • Measure and certify truck capacities and retain records of each vehicle. • Investigate, document and resolve property damage complaints from the public; • Conduct end of day duties, such as verifying all trucks have left the canal sites, addressing daily safety reports and corrective action recommendations. Monitor the activities conducted under local, state and federal permit requirements for applicable marine debris removal work, including but not limited to, marine debris clearing, hauling and vessel removal. • Ability to read and interpret side scan sonar results. 22 • Monitor the marine waters for threatened and endangered species, take immediate appropriate protection measure, report to the appropriate County, State and Federal officials 2.3.3. Provide marine debris collection and disposal site monitoring services at canal staging areas in accordance with local, state and federal requirements, including but not limited to: ■ Monitor marine debris collection activities to ensure debris eligibility (type and location of collection),provide accurate load tickets with all required information, document damage to property by contractor; ■ Monitor staging areas to ensure entry by certified trucks only; provide accurate determination and documentation of marine debris quantities for debris brought into site and reduced debris leaving the site for final disposal. ■ Ensure proper soil sampling of staging areas as necessary, before and after use by debris contractors. ■ Monitor compliance by debris contractors with environmental regulations (including but not limited to regulations issued by DEP), and requirements of any other permits or authorizations (including but not limited to Army Corps of Engineers) and report non-compliance. ■ Obtain truck tickets from Contractor for trucks entering landfill/final disposal sites to confirm, and document quantities brought to final disposal. ■ Survey the affected areas for special situations or emergency needs, including but not limited to, identifying navigational hazards, hazardous trees, construction and demolition(C&D) debris in the waters, or other potentially hazardous marine situations. The consultant will document locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the County on any post-event remedial action. 2.3.4. Provide data management of all collection and disposal tickets; 2.3.5. Provide the County with daily operating reports that include, at a minimum, information regarding specific canals where collection has occurred, number of crews working, quantities of hours worked by the contractors, quantities of debris by type collected from canals and nearshore waters; , marine debris quantities shipped to recycling centers or final disposal site and details of damage complaints and any operational/safety issues; 2.3.6. Review and approve debris removal contractor invoices submitted to the County; 2.3.7. Respond to questions regarding operations and documentation, as needed, during FDEP review and close out processes. 2.4 Additional Services The following services will be provided upon authorization by the County: A. Conducting ongoing environmental data collection per local, state and federal requirements for the designated emergency debris management sites. 23) B. Providing technical, clerical, and information technology assistance to the County for completing any and all forms necessary for reimbursement from State or Federal agencies, relating to eligible costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, and preparing replies to any and all agency requests, inquiries or potential denials. Balance of Page Intentionally Left Blank 24 EXHIBIT B CONSULTANTS RATES 25 Below we have provided a schedule of rates for the Hurricane Irma Marine Debris Monitoring and Related Services project. The rate schedule includes labor categories and corresponding hourly labor rates that Wood understands as being applicable to the scope of work provided by Monroe County. However, Wood can provide additional labor categories and corresponding hourly labor rates, if needed,to meet specific task requirements.The below fees for the outlined services will be provided on a time and materials basis and are fully burdened to include general expenses (travel, lodging,per diem,standard project costs,etc.). Notably,our local staff provides the economies of scale reducing the need for lodging and per diem and also have accomplished this dual role on similar contracts to ensure compliance with the environmental permits and grant requirements.Wood can provide additional staff at anytime due to our depth of resources. IN e Communicate with the project manager Service Line Lead 3 $194.00 throughout the project to discuss contract provisions and provide signature of authority for all contract modifications. Communicate with the project manager/ field supervisor throughout the project to ensure the quality assurance and Quality Assurance/Control 2 $194.00 control of verification reports, side scan sonars, and reimbursement packages are meeting the requirements of the County and the grant. Understand the scope and limits of the project. Communicate with the County on a regularly basis to give updates on the project status. Coordinate with Project Manager 10 $155.00 field supervisor to ensure Contractor is completing the project within the plans, specifications, and permits. Prepare verification reports and reimbursement packages. Review pay applications from the Contractor. Provide safety oversight during the Debris Monitoring Safety 4 $159.00 project to ensure all Health &Safety Specialist requirements according to the County and OSHA are being followed and met. Ensure all daily field data generated from GIS Analyst/Data Manager 2 $132.00 the inspectors is being properly stored to ensure applicable back up for the reimbursement activities. ------------------- ----------------- Monroe County Cost Summary Proposal Response Pagz Ise Hurricane Irma Marine Debris Monitoring January 6, 2021 - and Related Services 61 IN iwN �. ON =,$d -------------------------------------------- Understand the scope and limits of thejob and an understanding of the requirements of plans and specifications. Establish and maintain effective working relationships and clear communications with the contractor and others involved Field Supervisor 6 $70.00 or affected by. Recognize potential safety hazards and take the necessary actions to avoid them to the extent possible. Anticipate potential conflicts of work activities with existing utilities and fixed improvements and take the necessary actions to resolve them in the most efficient manner. Understand the scope and limits of the job and understand the requirements of plans and specifications. Establish and maintain effective working relationships and clear communications with the contractor and others involved or Field Monitor 10 $70.00 affected by. Recognize potential safety hazards and take the necessary actions to avoid them to the extent possible. Anticipate potential conflicts of work activities with existing utilities and fixed improvements and take the necessary actions to resolve them in the most r efficient manner. Establish and maintain effective working relationships and clear communications Administrative 2 $60.00 with the project manager throughout the project.Thorough understanding of all contract provisions. Dive Team (2 person) 6 $329.10 Provide verification of debris removal with divers as needed. Side Scan Sonar Team 4 $245.00 Provide side scan sonar support for verification of debris removal. Monroe County Cost Summary Proposal Response Pagz Ise Hurricane Irma Marine Debris Monitoring January 6, 2021 - and Related Services 62 ATTACHMENT A PROJECT LOCATION: The Project will be located in canals throughout unincorporated Monroe County, as shown on the attached page. 26 E z N £\E to AR M��Y lit t E )w m w + {' \(alum d1�� Rims 't x° +\o �a r{ ��tF'f_ NIttE ❑ >'�ist}1`l�lti`i4 rtri(S9\Esrt \\\��tS �; ir�sisrls) m � Th t) t r t)s i t ri r r- ant �1 ❑ -- {r� El V�ri\\tifS�tt �I�tr i�iril�i4 �1l\ )' s,i\�0 I'tc •> L 10, N3321�213ddHNS SC+4 r j717,b)\ �(��l)? )) Cn a) 1,18 Q \ # LO LL LL Li \}a\\\1\311 _cu (0 N U > O \�\ J ifs y)y1 s s air rF)'\ )is )S ) � 'I/+r} t y y{ 1 + r s CO rr, rr j r;1\\11j\atr,1s 4� � � (0 )�s+Sr)rr r t 1.)�Sr� r sll` 1!t i � tom: f 1i {yr)�sjjs�El)a{\si')�5 rs � itr; )) s s S s r r S � s f fti ,E}ky)4,dr rril+A lip til \t\ CC y)hr}call { }S_ r rJfi s t+j )'r1 \1sS�r s iliit-s s tiat1,ct�Eli(#i,�\MINI,+ 10 Fs OL_ (C L.L wall E '; It r ,}�,., 11v t,:,�,t1t,{It>:,�,ys`.r,;, �<)�, I •1 }::II v,, {1 ,lpl, ,,� v)rr, � ,.. ,�,,�. — `l:, U c� u. 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Project Title(Project): Agreement Number: Monroe County Marine Debris Removal LP44074 2. Parties State of Florida Department of Environmental Protection, a) 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) LL Grantee Name: Monroe County Entity Type: IL County Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-6000749 us (Grantee) M c 3. Agreement Begin Date: Date of Expiration: M Upon Execution June 30,2021 L 4. Project Number: Project Location(s): Canals in nninmri,nrntcd Monroe Cuunt3,City of Alarathon, (If different from Agreement Number) and village or lslan,urada LL Project Description: The grantee will remove marine debris from up to 103 canals. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources : Cn $5,550,000.00 W] State ❑Federal FY17-18 GAA Line Item 1593A $4,000,000.00 V State ❑Federal FY18-19 GAA Line Item 1580A $1,500,000.00 L ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $5,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lisa Mecca Name: Rhonda Haag r— or successor or successor Address: Florida Dept.of Environmental Protection Address: Sustainability Director 3900 Commonwealth Blvd. 102050 Overseas Highway,Ste.246 Tallahassee,FL 32399-3000 Key Largo,FL 33037 Phone: (850)245-2920 Phone: (305)453-8774 _ Email: Lisa.Meeca@dep.state.fl.us Email: Haag-rhonda@monroecounty-fl.gov ut 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: © Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements Cn 0 Attachment 2: Special Terms and Conditions IL 0 Attachment 3: Grant Work Plan t © Attachment 4:Public Records Requirements © Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at hops://facts.Fldfs.com,in accordance with§215.985,F.S. U ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): c V Exhibit A:Progress Report Form ❑ Exhibit B:Property Reporting Form U 2 Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LP44074 Rev.6/20/18 Packet Pg.2945 D.10.b 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers FAIN Federal Award Date.to Department: Total Federal Funds Obli ated by this Agreement- Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the a last date signed below,whichever is;lat ._ LL Monroe County Board of Conn m-1=1Siongrs GRANTEE Grantee Name `y t ev' Madok,Clerk ' j s Cr; Cn B > b ;"a h ) ►5 20 c (Authorized Sig6ture) :,``-j�'" Date Si#ied 0 David Rice,Mayor ela Hancock,Deputy Clerk LL Print Name and Title of Person Signing State of Florida D artment of Environmental Protection DEPARTMENT cr— By 9 1 S Secretary or Designee Date Signed = .L Trina L.Vielhauer,Division Director Print Name and Title of Person Signing 0 2 Additional signatures attached on separate page. r— J MO* _ OE COUN ATTO .NEY � � t= Cn P VED M c: '. ..o i —• r PED AGADQ .._ .. AyS;a#'3T� OURITY ATTORNEY 5J Date z-Z ( -�r' 4. :.:, . U DEP Agreement No. LP44074 Rev.6/20/18 Packet Pg.2946 D.10.b DWRA Additional Signatures _ Mecca,DEP Grant Manager r San y Waters,D P QC Reviewer LL U Cn CI Cn a. .L U cr Packet Pg.2947 D.10.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. 0. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on N Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation the Agreement is as follows: 0. i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant N Agreement a) iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement a) b. All approvals,written or verbal,and other written communication among the parties, including all notices,shall Cn be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the L following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that N exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment Cn }° 3,Grant Work Plan,are less than twenty percent(201/6)of the total budget as last approved by Department;and/or 0. (3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. T 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible cr for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. a) 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. U The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. Attachment 1 1 of 11 Rev.4/27/18 Packet Pg.2948 D.10.b The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided a) by Department, for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose IL Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager N before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the GrantIL Work Plan,as incomplete, inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will N be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or a) activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated — invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made a) acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may Cn allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days. — i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from N Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of DepartmentCn letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department IL approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to cr require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to a) Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the U performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. Attachment 1 2ofII Rev.4/27/18 Packet Pg.2949 D.10.b a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or a) for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee LL shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this IL Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of N this Project are the responsibility of Grantee. d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State LL funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the W following web address:www.myfloridacfo.com/aadir/reference ug ide/. a) e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and a) Cn post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates L appropriations. i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: N www.myfloridacfo.com/Division/AA/Vendors/default.htm. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under Cn }° the terms of the Agreement must be refunded to Department. IL 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match T requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or U match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates a) supported by audit, Grantee shall be required to reimburse such funds to Department within thirty(30)days of written notification.Interest shall be charged on the excessive rate. U c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers Attachment 1 3of11 Rev.4/27/18 Packet Pg.2950 D.10.b charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee a) shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure itsLL subcontracts issued under this Agreement,if any,impose this requirement, in writing,on its subcontractors. IL i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- N price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract IL resulting from procurement methods other than those identified above.In this instance,Grantee shall LL request the advance written approval from Department's Grant Manager of the fixed price N negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of a) cr Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. a) ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section Cn 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses,reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of N receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department - shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or Cn }° equipment. IL h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the } following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting U acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, a) Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting U period. Quarterly status reports are due no later than twenty(20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. Attachment 1 4of11 Rev.4/27/18 Packet Pg.2951 D.10.b The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. a) b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not LL limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. LL a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as a) described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related a) Cn to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide L proof of such replacement coverage within ten(10)days after the cancellation of coverage. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, N terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Department must submit all invoices for Cn }° work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other } obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in U addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement a) not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to U recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. Attachment 1 5of11 Rev.4/27/18 Packet Pg.2952 D.10.b e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as a) necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. LL If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of IL the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will N be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- IL exclusive list of events,acts,or omissions,shall constitute events of default: LL a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a N material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of a) cr the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; a) Cn b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; L i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations N under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; Cn }° iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; IL and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. T 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars U of suspension.Examples of reasons for suspension include, but are not limited to, budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is a) terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional U compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the Attachment 1 6ofII Rev.4/27/18 Packet Pg.2953 D.10.b foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE a) FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be IL entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If N performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment IL "® to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject N of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or a) in part. — 18. Indemnification. a) a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall Cn fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. — c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to N Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein Cn shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter IL arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or T otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. U The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. a) Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its U remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. Attachment 1 7ofII Rev.4/27/18 Packet Pg.2954 D.10.b The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section a) 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible LL for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list N following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded 0 or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public LL entity; and may not transact business with any public entity in excess of the threshold amount N provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the a) cr date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor a) list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a Cn public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. N The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination Cn }' in performance of this Agreement. 0. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the T Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be � responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. U 24. Scrutinized Companies. a. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135,F.S., Department may immediately terminate this Agreement at its sole option if Grantee or its subcontractors are found to have submitted a false certification;or if Grantee,or its subcontractors a) are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. U b. If this Agreement is for more than one million dollars,the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., Department may immediately terminate this Agreement at its sole option if Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if Attachment 1 8of11 Rev.4/27/18 Packet Pg.2955 D.10.b Grantee,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. a) d. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. IL The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.;except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State,Grantee may lobby the N executive or legislative branch concerning the scope of services,performance,term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in IL "® accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during N the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In a) cr the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized as State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's Cn integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of.(1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.myflorida.com/library-archives/records-manaeement/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or N storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, Cn }° iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or IL parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment T 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the U Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether as the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form U number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). The Department Attachment 1 9of11 Rev.4/27/18 Packet Pg.2956 D.10.b may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits). The Grantee must provide the additional proof within thirty(30)days of such request. e. No Comminglina of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds a) specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, LL shall establish a system to provide adequate fund accountability for each project it has been awarded. IL i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written N notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by IL "® Grantee to Department. LL ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by N Department, from another source(s), Grantee shall reimburse Department for all recovered funds a) c� originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is a) made to Department. Cn iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee N employee,subcontractor,or agent. M d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any Cn }° subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under IL any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the T Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full U diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both a) Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery U schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 10 of 11 Rev.4/27/18 Packet Pg.2957 D.10.b is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and a) public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. LL The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee, its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- N party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions are severable to that void provision,and shall remain in full force and effect. "® 35. Grantee's Employees,Subcontractors and Agents. LL All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained N technicians who meet or exceed any specified training qualifications.Upon request, Grantee shall furnish a copy of a) cr technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all a) controlling laws and regulations relevant to the services they are providing under the Agreement. Cn 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. re 37. Execution in Counterparts and Authority to Sign. This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly LI authorized to do so and to bind the respective party to the Agreement. Cn T c U c U Attachment 1 11 of 11 Rev.4/27/18 Packet Pg.2958 D.10.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LP44074 ATTACHMENT 2 c These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. IL 1. Scope of Work. r The Project funded under this Agreement is Monroe County Marine Debris Removal.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. L a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2017 and ends at the IL expiration of the Agreement. LL b. Extensions.There are extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. a) 3. Payment Provisions. a) a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Cn Agreement as described in Attachment 3. b. Invoicine.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: C1 Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) N ❑ ❑ Travel ❑ ❑ Equipment a) Cn ❑ ❑ Rental/Lease of Equipment IL ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement. U 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. c 7. Land Acquisition. a) There will be no Land Acquisitions funded under this Agreement. U 8. Match Requirements There is no match required on the part of the Grantee under this Agreement. 9. Insurance Requirements Attachment 2,Agreement No.LP44074 1 of 2 Rev.5/3/2018 Packet Pg.2959 D.10.b Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described.below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the _ laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each , occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. c If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall b- be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable a) $200,000/300,000 Hired and Non-owned Automobile Liability Coverage U c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and employer's Cn liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. d. Other Insurance.None. c 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. No retainage is required under this Agreement. c 12. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval.The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for W subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be CU performed under this Agreement. Cn 13. State-owned Land. 0. The work will not be performed on State-owned land. r 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. U None. c U Attachment 2,Agreement No.LP44074 2 of 2 Rev.5/3/2018 Packet Pg.2960 D.10.b ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located withiin canals in unincorporated Monroe County, City of Marathon, and Village of Islamorada,Monroe County. PROJECT BACKGROUND: On September 10,2017 the Florida Keys was struck by Hurricane Irma,a , Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris N was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. L Monroe County requested funding assistance from the United States Department of Agriculture(USDA) 0. National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal U of marine debris from the 103 eligible canals throughout the Florida Keys. Of this$45 million allocation, unincorporated Monroe County's portion is$34 million which requires a$7.9 million(25 percent match) Cn for the marine debris removal activities.The additional $2.4 milion not covered in this project,will derive from other county sources. ° PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, removing,and transporting of the marine debris to debris sites. The definition of marine debris includes: • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e- waste,docks,non-marine vehicles,motorhomes, seawalls,and houses or portions of houses; • Organic material, sand or silt deposited into the canals as a result of Hurricane Irma; • Traps and other man-made materials, and floating structures. N The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. Cn 0. TASKS: r All documentation should be submitted electronically unless otherwise indicated. T c Task 1: Marine Debris Removal U Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal contract document. c Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with U disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. DEP Agreement No.LP44074,Attachment 3, Page 1 of 2 Packet Pg.2961 D.10.b Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL: The tasks must be completed by,and all documentation received by,the corresponding task end date. Task Budget Budget ":Task Start" Task End Task Title. No, 7 Category, Amount Date. . Date Contractual 2 1 Marine Debris Removal $5,500,000 07/01/2017 12/31/2020 Services Total: $5,500,000 L a. LL U Cn .L Cn a. J T U B U DEP Agreement No.LP44074,Attachment 3,Page 2 of 2 Packet Pg.2962 D.10.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a.. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services a under the Agreement,Grantee must allow public access to all documents,papers, letters,or other material,regardless of the physical form,characteristics, or means of transmission,made or received by Grantee in conjunction with the Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1),F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a),F.S.;the following provisions apply and the contractor shall: 0. a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to Cn penalties under section 110.10,F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service.If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department.These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF Cn CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC a. RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.servicesgfioridadep.gov U Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 U Tallahassee, Florida 32399 DEP Agreement No.LP44074,Attachment 4,Page 1 of 1 Rev.4/27/2018 Packet Pg.2963 D.10.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 c The administration of resources awarded by the Department of Environmental Protection(which may be referred to LL as the 'Department", "DEP", "FDEP"or"Grantor", or other name in the agreement)to the recipient(which may be IL referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. us MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS" below), monitoring procedures may include, but not IL LL be limited to,on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to Cn comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of U Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Cn Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised (for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). c 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit _ conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, N Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of L Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should Cn be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, IL Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,will meet the requirements of this part. T 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the a) requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised, and 2 CFR Part 200,Subpart F. U 3. If the recipient expends less than$500,000(or$150,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained < from other than Federal entities). DEP Agreement No.LP44074 Attachment 5,Page 1 of 5 Rev.427/2018 Packet Pg.2964 D.10.b 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. LL 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of IL $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit N organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of EnvironmentalIL Protection, other state agencies, and other nonstate entities. State financial assistance does not include LL Federal direct or pass-through awards and resources received by a nonstate entity for Federal program N matching requirements. a) c� 2. In connection with the audit requirements addressed in Part H,paragraph 1;the recipient shall ensure that the a) audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a Cn financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). c 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act webs ite located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us[Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, N Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at M hgp://www.inyflorida.coin/audgeii/. PART III:OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit reguirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for U funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by U Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No.LP44074 Attachment 5,Page 2 of 5 Rev.4/27/2018 -- Packet Pg.2965 D.10.b A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection a) Office of the Inspector General,MS 40 3900 Commonwealth Boulevard LL Tallahassee,Florida 32399-3000 IL Electronically: FDEPSingleAudit n,dep.state.fl.u-s N c B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR U §200.501(a)(the number of copies required by Sections .320 (d)(1)and(2),OMB Circular A-133, as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at theIL following address: LL Federal Audit Clearinghouse a) Bureau of the Census 1201 East loth Street a) Jeffersonville,IN 47132 Cn c Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised,and 2 CFR§200.512. 2. Pursuant to Section .320(f),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,the recipient shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: N Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 Cn 3900 Commonwealth Boulevard IL Tallahassee,Florida 32399-3000 r Electronically: T FDEPSingleAudit c dep.state.fl.us 3. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on U behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director U Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 DEP Agreement No.LP44074 Attachment 5,Page 3 of 5 Rev.4/27/20I8 Packet Pg.2966 D.10.b Electronically: FDEPSin.gleAudit a,dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper BuildingLL I I I West Madison Street IL Tallahassee,Florida 32399-1450 r 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or N on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director IL "® Florida Department of Environmental Protection LL Office of the Inspector General,MS 40 N 3900 Commonwealth Boulevard a) Tallahassee,Florida 32399-3000 Electronically: Cn FDEPSing1eAudit@dep.state.f1.us L 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. 6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period Cn }° of five(5)years from the date the audit report is issued,and shall allow the Department of Environmental Protection, IL or its designee, Chief Financial Officer,or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report T is issued,unless extended in writing by the Department of Environmental Protection. W U c U DEP Agreement No.LP44074 Attachment 5,Page 4 of 5 Rev.4/27/2018 Packet Pg.2967 D.1O.b r LL M M EXHIBIT—1 t_ FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: "® Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: Federal State vy Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category $ C State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: L Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97,F.S.: 0. State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1593A 20I7-2018 37.039 and Wastewater Projects $4,000,000 1411 I5 Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1580A 2018-2019 37.039 and Wastewater Projects $1,500,000 1411I5 vy t_ Total Award $5,500,000 For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance(CSFA)]https://apes.fldfs.con/fsaa/searchCataloe.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. r T C DEP Agreement No.LP44074,Attachment 5,Exhibit 1,Page 5 of 5 U C U Packet Pg.2968 D.10.b DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A c DEP Agreement No.: LP44074LL Grantee Name: Monroe County Grantee Address: 102050 Overseas Highway, Ste.246,Key Largo,FL 33040 r Grantee's Grant Manager: Rhonda Haag us Re or ing Period: Project Number and Title: LP44074-Monroe County Marine Debris Removal Provide the following information for all tasks and deliverables identified in the Grant Work Plan: A summary of project accomplishments for the reporting period,and comparison to goals for the period.If goals were not met, provide reasons why. Provide an update on the estimated time for completion of the U task and an explanation for any anticipated delays. Identify by task. Cn Use as many pages as necessary to cover all tasks in the Grant Work Plan.The following format should be followed. Task#: Description: Progress for this reporting period: Identify any delays or problems encountered: Task#: Description: Progress for this reporting period: Identify any delays or problems encountered: Cn 0. T c This report is submitted in accordance with the reporting requirements of DEP Agreement No.LP44074 E and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date U Exhibit A,DEP Agreement No.LP44074 1 of 1 Rev.4/5/2018 Packet Pg.2969 D.10.b EXHIBIT C PAYMENT REQUEST SUMMARY FORM DEP Agreement No. LP44074 Payment Request No. Request Date: C Grantee: (Name&Mailing Address) LL Grantee's Grant Manager N C Task No(s). Task Amount(s)Requested: $ i GRANT EXPENDITURES SUMMARY SECTION LL TOTAL PREVIOUS MATCHING TOTAL vy AMOUNT OF THIS CUMULATIVE AUTHORIZED TASKS REQUEST PAYMENT PAYMENT FUNDS FOR THIS CUMULATIVE REQUESTS REQUESTS REQUEST MATCHING FUNDS W Task I: S S S - $ $ - C °i Task 2: S $ $ - $ - $ _ Task 3: S - $ - $ - $ Task 4: $ - $ - S $ - S J C Task 5: $ - $ - $ - $ - $ _ Task 6: $ $ $ $ _ $ to i Task 7: $ - $ $ $ - $ Task S: S S $ S - $ e Task 9: S - S - S $ - $ } C TOTAL AMOUNT S $ S $ $ U TOTAL BUDGET (ALL TASKS) S S LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF: S S U M TOTAL REMAINING (ALL TASKS) $ S GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Exhibit C,DEP Agreement No.LP44074,Page 1 of 6 Packet Pg.2970 D.10.b Grantee's Certification of Payment Request I, ,on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for (Print name of Grantee) LL IL DEP Agreement No. and Payment Request No. that: us c 1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. ILL 2. All costs included in the amount requested have been satisfactorily purchased,performed,received, and applied toward completing the project;such costs are documented by invoices or other appropriate documentation as required in the Agreement. U Cn 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in default of any terms or provisions of the contracts. CI Cn a. J c r T c Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name U Telephone Number Telephone Number Exhibit C,DEP Agreement No.LP44074,Page 2 of 6 Packet Pg.2971 D.10.b Engineer's Certification of Payment Request ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT I, being the Professional Engineer retained by (name of Professional Engineer) LL IL am responsible for overseeing construction of the project (name of Grantee) ' M described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No. 1. All permits and approvals required for the construction,which is underway,have been obtained. LL 2. Payment is in accordance with construction contract provisions. a) U 3. Construction up to the point of this payment request is in compliance with the approved plans and permits. 4. Equipment,materials,labor,and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection. CI J c Signature of Professional Engineer W Firm or Affiliation (Date) (P.E.Number) r c U c U Exhibit C,DEP Agreement No.LP44074,Page 3 of 6 Packet Pg.2972 D.10.b INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. PAYMENT REQEUST NUMBER:Number of payment request REQUEST DATE:Date reqeust is submitted GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. TASK NO.: This is the number of the task that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). C TASK AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK BUDGET AMOUNT" line for the`AMOUNT OF THIS REQUEST"column. LL IL GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST"COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must v1 agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved ru budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the"TOTAL AMOUNT"line. Enter the amount of all Tasks on the"TOTAL BUDGET(ALL TASKS)"line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"line. IL LL "— "PREVIOUS PAYMENT REQUESTS" COLUMN:Enter the total cumulative amount that has been paid in previous requests.Do not include the current reqeusted amount in this total.Do not enter anything in the shaded areas. vy U "TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests;first through the final request(this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. C "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shown under ° specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amountt on the"TOTAL BUDGET(ALL TASKS)"line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF"line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the "TOTAL REMAINING(ALL TASKS)"line. "TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled"TOTAL PAYMENT REQUEST." The final request should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. C GRANTEE'S CERTIFICATION:Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. ENGINEER'S CERTIFICATION:Must be signed by Professional Engineer when Construction is being reqeusted for reimbursement. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. N i IL r T C U C U Exhibit C,DEP Agreement No.LP44074,Page 4 of 6 Packet Pg.2973 D.10.b FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT—PART II REIMBURSEMENT DETAIL Grantee Name: LP44074 Payment Request No.: DEP Agreement No.: Monroe County Marine Debris Removal Invoice Invoice Amount Local Share or Other Task/Deliverable Vendor Name Number Invoice Date (t) Funding or Amount Requested Amount (3) Check Number Number(4) Not Requested(2) $ $ 0. $ $ $ $ - $ $ - N $ $ - $ $ - $ $ LL - $ $ - $ $ - N $ $ - U $ $ - $ $ - Totals: $ - $ - c .L J c M L. M r c U c U Exhibit C,DEP Agreement No.1,44074,Page 5 of 6 Packet Pg.2974 D.10.b Instructions for Completing Request for Payment - Part H Include the Grantee Name,Payment Request No.,and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee,that is not 2 being requested for reimbursement by this grant Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested(2)from Invoice 0. 3 Amount(1). Deliverable Number: Must identify completed deliverable(s)for each invoice. If invoice covers multiple deliverables,that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under(2). a. L Submittal Instructions Instructions for E-mailing: U Cn The program now accepts reimbursement requests electronically, please E-mail to Water and Springs Restoration Program. When scanning please be sure that the minimum scan resolution must be 300 DPI(dots per inch). When reimbursement requests are sent electronically,please do not also send a hard copy by postal mail. Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. J Remit Payment Request by E-mail to: WSRP(aD_dep.state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant Manager L Subject: Project Number Disbursement Number: example—LP14025 Disb 1 Attachments: Cn 1) Exhibit D Payment Request Summary 0. 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices T 4) Proof of payment(copies of canceled checks, front and back or EFT verification) 5) Other supporting documentation, as needed U For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: Lisa Mecca,850-245-2924 Lisa.MeccaCcDdep.state.fl.us Exhibit C,DEP Agreement No.LP44074,Page 6 of 6 Packet Pg.2975 D.10.c AMENDMENT NO. 1 TO AGREEMENT NO.LP44074 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No. LP44074 (Agreement) is made by and between the Department of , Environmental Protection (Department), an agency of the State of Florida, and Monroe County,:(Grantee), on the 0 date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Marine Debris Removal,effective September 5,2018;and, IL WHEREAS, the Grantee has requested a revision in the scope of work and a reallocation of the budget for the project. a) to NOW THEREFORE,the parties agree as follows: Cn 1. Attachment 3, Grant Work Plan, is hereby,deleted in its entirety and replaced with Attachment 3-1, Revised Grant Work Plan, as attached to this Amendment and.hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-1, Revised Grant Work Plan. 0 2. All other terms and conditions of the Agreement'remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No. LP44074 to be duly executed, the day and year last written below. a) MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF r— ENVIRONMENTAL PROTECTION By: By. S Pv1 J. Purpfiy, M4or . Trina L.Vielhauer,Division Director i r tt jZ.o� �t8 N Monroe County Attorney L Approved as to form:. &. a cca,DEP Grant Manager (• �i'�,{ .1//� ,•o"9�mn{raw�'�to=woe: .. - - �/a{�4UwtEneac.ow.�a=nau- _ wi �,o.� rneo.,=us oar.:ioraro.3r ir�3�3ao•m• San ra Waters,DEP QC Reviewer 3 4 ; 0 �C- List of attachments/exhibits included as part of this Amendment: 7 Letter/ L(gC�, 1•:�� eci " Number Description include number ofpages) P_ fY p ( o cr Aftacc nen 3-1 Revised Grant Work Plan(2 Pages) rn .. .het .ea f�nA CLERK -�-, � � I a) U >„,q��-N;, "DEPUTY CLERK � DEP Agreement No.LP44074,Amendment No. 1,Page 1 of 1 Packet Pg.2976 D.10.c ATTACHMENT 3-1 REVISED GRANT WORK PLAN c PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located within canals (connected and plugged) in , unincorporated Monroe County,City of Marathon,and Village of Islamorada,Monroe County. N c PROJECT BACKGROUND: On September 10,2017 the Florida Keys were struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. Monroe County requested funding assistance from the United States Department of Agriculture (USDA) U National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal operations.USDA Cn NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys.Of this$45 million allocation,unincorporated Monroe County's portion is $34 million which requires a $7.9 million (25 percent match) for the marine debris removal activities. The additional $2.4 million not covered in this project, will derive from other county sources. PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, removing, and transporting of the marine debris to debris sites. The definition of marine debris includes: • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e- waste,docks,non-marine vehicles,motorhomes, seawalls, and houses or portions of houses; • Organic material,sand or silt deposited into the canals as a result of Hurricane Irma; • Traps and other man-made materials,and floating structures. The grantee will also utilize a contractor to provide project management to confirm compliance with NRCS requirements and all state statutes and local ordinances. The Grantee's consultant shall provide project — management and disaster related services in canals and temporary debris management area(TDMA)sites. N The consultant will oversee the contractor activity and manage the marine debris site and address daily safety reports and corrective action recommendations. In addition, the Grantee will monitor the activities � conducted under local,state and federal permit requirements for applicable marine debris removal work. Cn 0. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. U Task 1: Marine Debris Removal c Deliverables: The Grantee will remove marine debris from canals (connected and up to five plugged) in E accordance with the debris removal contract document. DEP Agreement No.LP44074,Attachment 3-1,Page 1 of 2 Packet Pg.2977 Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. LL Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. c Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more ) frequently than monthly. L Task 2:_Proiect Management and Disaster Related Services Deliverables: The Grantee will utilize a contractor to provide project management and other disaster U related services to confirm compliance with NRCS requirements and all state statutes and local ordinances. Cn Documentation: The Grantee will submit interim progress status summaries including summary of inspections,meeting minutes and field notes, as applicable. 0 Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. c Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL:The tasks must be completed by,and all documentation received by,the corresponding task end date. Task Budget Budget Task Start Task End LL Task Title No. Category Amount Date ' Date, - Marine Debris Removal Contractual la within connected canals Services $4,800,000 07/01/2017 12/31/2020 lb Marine Debris Removal Contractual $100 000 07/01/2017 12/31/2020 within plugged canals Services W 2 Project Management Contractual $600,000 07/01/2017 12/31/2020 Services Total: $5,500,000 Cn 0. T U U DEP Agreement No.LP44074,Attachment 3-1,Page 2 of 2 Packet Pg.2978 D.10.d ADVMNDMENT NO.LP44074 TO AGREEMENT NO.2 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION a. AND MONROE COUNTY This Amendment to Agreement No. LP44074, as previously amended, (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Monroe County, (Grantee),on the date last signed below. 4- WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Marine Debris LL Removal,effective September 5,2018 and amended on January 7,2019;and, WHEREAS,funding in the amount of$4,000,000 was provided under Line Item 1593Aof the 2017-2019 General cr Appropriations Act and for Monroe County Marine Debris Removal("Project");and, Cn WHEREAS, funding for this project in the amount of$1,500,000 was provided under Line Item 1580A of the 2018-2019 General Appropriations Act;and WHEREAS, $1,800,000 in additional funding for this Project was provided under Line Item 1660A of the 2019- 2020 General Appropriations Act;and the total funding for this Agreement is now S7,300,000. 04 WHEREAS, the Grantee has requested a revision in the scope of work, and an extension of the Agreement to } complete the additional work areas;and, a) WHEREAS,certain provisions of the Agreement need revision. NOW THEREFORE,the parties agree as follows: 1. The Agreement is effective until December 31, 2021. The reimbursement period for this Agreement begins on July 1,2017 and ends at the expiration of the Agreement. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. c 2. The following is hereby added to Attachment 1 as Section 8 j.: Of PayMots IQ the Dgpnftent.Any balance of unobligated funds that have been advanced or paid N must be refunded to the Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to the Department. Cn 3. Attachment 3.1, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3 2,Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3- 2,Revised Grant Work Plan. 04 4. Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement.All references in the Agreement to Attachment 5,shall hereinafter refer to Attachment 5.1, U Revised Special Audit Requirements. 5. Exhibit C,Payment Request Summary Form,is hereby deleted in its entirety and replaced with Exhibit C-1,Revised Payment Request Summary Form,attached hereto and made a part of the Agreement.All a) references in the Agreement to Exhibit C, shall hereinafter refer to Exhibit C-1, Revised Payment Request Summary Form. U DEP Agreement No.LP44074 Amendment No.2,Page 1 of 3 Packet Pg.2979 6. All other terms and conditions of the Agreement remain in effect. If and to the extent that any a) inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. LL a. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK a. c L u Cn .L 04 Cn a. ra J c r 04 c u c u DEP Agreement No.LP44074 Amendment No.2,Page 2 of 3 Packet Pg.2980 1N WITNESS WHEREOF,the parties have caused this amendment to Agreement No.LP44074 to be duly a) executed,the day and year last written below. LL IL MONROE COUNTY STATE OF FLORIDA DEPARTIMENT OF ENVIRONMENTAL PROTECTION g4��, gyMuMayor Trim L.Vielhauer,Division Director 1 1LL Date: J� 2g! Date: ��f S l 1 q 1 U mo 10E COUNT-y' 7To,F1NEY 1- PsaMecca,DEP Grant Manager Cn PEDRO J:MERCADO e'�BSISTAf1)T C(IUNYY EY S d W�r�, EP QC Reviewer OetB �Zli 04 c List of attachments/exhibits included as part of this Amendment c Letter/ a) Specify Type Number Description(include number of pages) Attachment 3-2 Revised Grant Work Plan f2 Paced. Attachment 5-1 Revised Special Audit Requirements(6 pAaesl C-1 Revised Pa4m_entRequest Summnry Form(1 Page) .. .. ;j DE CLERK h M�JT COUNLY � .. C'7 rr7 .11—L7 --1 l7 04 rn r� C� U CA Q � C U DEP Agreement No.LP44074 Amendment No.2,Page 3 of 3 Packet Pg.2981 i ATTACHMENT 3-2 REVISED GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located within canals (connected and plugged) in unincorporated Monroe County, City of Marathon,and Village ofIslamorada,Monroe County. PROJECT BACKGROUND:On September 10,2017 the Florida Keys were struck by Hurricane Irma,a 0. Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force N winds. U Monroe County(Grantee)requested funding assistance from the United States Department of Agriculture Cn (USDA)National Resources Conservation Service(MRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal = operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys. Of this $45 million allocation, unincorporated Monroe County's portion is$34 million which requires a$7.9 million(25 percent match) for the marine debris removal activities. N PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from at least 248 canals.and remove sediment from 10 canals. Work includes the identification of locations in the water where significant marine debris exists,locating,removing, and transporting of the marine debris to debris sites. The definition of marine debris includes: • Vegetation, hazardous waste, construction and demolition debris, propane tanks,white goods, e- waste,docks,non-marine vehicles,motorhornes,seawalls,and houses or portions of houses; • Organic material,sand or silt deposited into the canals as a result of Hurricane Irma; • Traps and other man-made materials,and floating structures. T. The Grantee will also utilize a contractor to provide project management to confirm compliance with NRCS requirements and all state statutes and local ordinances. The Grantee's consultant shall provide project W management and disaster related services in canals and temporary debris management area(TDMA)sites. The consultant will oversee the contractor activity and manage the marine debris site and address daily safety reports and corrective action recommendations.In addition,the Grantee will monitor the activities Cn Cn conducted under local,state and federal permit requirements for applicable marine debris removal work. 0. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. T _ U }. _ U DEP Agreement No.LP44074,Attachment 3-2,Page 1 of 2 Packet Pg.2982 D.10.d TASKS: _ All documentation should be submitted electronically unless otherwise indicated. _ Task 1: Marine Debris Removal r Deliverables:The Grantee will remove marine debris from canals in accordance with the debris removal contract document. Documentation:The Grantee will submit with each payment request a signed acceptance of the completed a. work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that U the deliverables are completed as described above. Upon review and written acceptance by the a) Department's Grant Manager,the Grantee may proceed with payment request submittal. Cn Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more ®_ frequently than monthly. _ Task 2:Project Management and Disaster Related Services Deliverables: The Grantee will utilize a contractor to provide project management and other disaster related services to confirm compliance with MRCS requirements and all state statutes and local ordinances. Documentation: The Grantee will submit interim progress status summaries including summary of E inspections,meeting minutes and field notes,as applicable. CI re Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables we completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. _ W PROJECT TIMEIJNE&BUDGET DETAIL: The tasks must be completed by,and all documentation � received by,the corresponding task end date. Cn Thek Budget' Budget Task Start Task End 0. No: Task Title Catz=or"4, Amount Date . Date la Marine Debris Removal Contractual $6 700,000 07/01/2017 6/30/2021 Services ' 2 Project Management Contractual $600,000 07/01/2017 6/30/2021 Services Total: $7,300,000 U U DEP Agreement No.LP44074,Attachment 3-2,Page 2 of 2 Packet Pg.2983 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirement a. (State and Federal Financial Assistance) Attachment 5-1 us The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department`, "DEP'; "FDEP"or"Grantor", or other name in the agreemeno to the recipient(which may be referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. a. LL MONITORING a) cr In addition to reviews of audits conducted in accordance with 2 CFR Part 200,Subpart F-Audit Requirements, and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to, Cn on-site visits by DEP Department staff,limited scope audits as defined by 2 CFR 200.425,or other procedures.By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer'(CFO)or Auditor General. 04 c AUDITS a) PART I:FEDERALLY FUNDED � This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single orprogram- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement.In determining the federal awards expended in its fiscal year,the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in N accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative Cn to auditee responsibilities as provided in 2 CFR 200.508-512. a. 3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit , conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the 04 recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted T in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.goy } c cr Attachment 5-1 1 of 6 BGS-DEP 55-215 rwiwd MAO Packet Pg.2984 PART II:STATE FUNDED c This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. LL IL 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the ' recipient must have a State single or project-specific audit for such fiscal year in accordance with Section N 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year,the 0 a. recipient shall consider all sources of state financial assistance,including state financial assistance received LL from the Department of Environmental Protection,other state agencies,and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. U 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the Cn audit complies with the requirements of Section 215.97(!l),Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. c 3. If the recipient expends Iess than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215,97, 04 Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at htWs://aopsJ1dfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at h�//www_ lea.state.fl.us/Welcome/index.cfm State of Florida's webaite at hgp://wrvw,myflorida.com Department of Financial Services' Website at ://www.fldf,2g-giland the Auditor General's Website at hlla',//www.myflori4a,ggm/audgeri/. c PART III:OTHER AUDIT REQUIREMENTS W (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity L that are solely a matter of that State awarding entity's policy(I e., the audit is not required by Federal or State laws � and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted Cn Cn in accordance with Section 215.97,Florida Statutes. In such an event, the State awarding agency must arrange for IL funding the full cost of such additional audits.) 04 PART IV:REPORT SUBMISSION T c I. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit a) Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient riroctiv to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 cr and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: a) cr Attachment 5-1 2 of 6 HGS-DEP 55-215 revised 7/2019 Packet Pg.2985 D.10.d t By Mail: Federal Audit Clearinghouse LL Bureau ofhe Census a. 1201 East loth Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http:/lbarvester.census.gov/faowgb/ 0 2. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on LL behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: U By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 04 Electronically: bD_ EPSingIcAudit ders.s#ate.fl.as B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 CI CI 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(hgp://flaudito . ov/1 provides instructions for filing an electronic copy of a financial reporting package, 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following L addresses: By Mail: Audit Director Cn Cn Florida Department of Environmental Protection IL Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-300004 T Electronically: a) FDEPS inaleAudiI@dep.state.fl,U cr 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97,F.S.,and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. a) cr Attachment 5-1 3 of 6 BG3-DEP 55-215 revised 7/2019 Packet Pg.2986 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities)and 10.650(non and for-profit organizations),Rules of the Auditor General,should LL indicate the date and the reporting package was delivered to the recipient correspondence accompanying the 11. reporting package. r PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five(5)years from the date the audit report is issued, and shall allow the Department of Environmental Protection,or its designee, Chief Financial Officer,or Auditor General access to such records upon LL request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee,Chief Financial Officer,or Auditor General upon request for a period of three(3)years a) from the date the audit report is issued,unless extended in writing ng by the Department of Environmental Protection. — Cn c .L 04 Cn c J c L r 04 T c cr c a� E U Attachment 5-1 4of6 BGS-DEP 55-215 revind 712019 Packet Pg.2987 SBOIAJOS BUIJOI'u® ) Z Iu uapu ua juej!D diqsPJBMBIS d3CI - ZO lu wg3ejj aju wg3ejj � o CD t- 04 II '� IL m u �, .... ol S I E f ' � c'i !di 9 4 a � I It ftF r � 1 99�� c � ? 1 u c � n J vy � c� SBOIAJOS BUIJOI'u® ) Z Iu uapu ua juej!D diqsPJBMBIS d3CI - ZO luqwq3ejjV :juqwq3ejjV � o CD t- N II '� IL m u IL y U up ,u} o �a gar 4) ILI � ALp Eb pi Lu "^w 4 f d e D.10.d STATE OF FLOREDA DEPARTMMNT OF ENVIRONMENTAL PROTEM€)1 S' _ _ it C-1 a. r The Revised Payment Request Summary Form for this grant can be fbund on our►vebsite at this link: _ Please use the most current form found on the website,linked above,for each payment request. U Cn .L 04 CI Cn a. r 04 U U Packet Pg.2990 RFP for Consultant Services, Hurricane Debris Monitoring and Related Services LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ,, good Environment&Infrastructure Solutions, Inc. „ (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price„ or otherwise recover„ the full amount of any fee, commission, percentage,gift,or consideration paid to the former County officer or employee (Signature) Date: January 6, 2021 STATE OF: Florida COUNTY OF: Polk Subscribed and sworn to(or affirmed)before me, by means of©physical presence or online notarizati on January 6. 2021 (date)by Christine Meh3`e, PE;CFM; ENV SP(name of affiant). He She is personally known to me or has produced (typ identification)as identification. NOTARY PUBLIC STEPHANIE KITZEROW =t` Natarr Public,Slats of Flarrda MY Comm,esplres Avg-23;2021 Commission Number GG 131427 Hurricane lrffta F.tanne Debris a itor;nq Jaurrtsry 6,2021 ��; antf Related Servicee REP for Consultant Services, Hurricane Debris Monitoring and Related Services NON-GOLLUMNAEM I Christine Mehle, PE, CFM, ENV SP of the city of Tampa according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Water Resources Service Line Lead of the firm of Wood Environment & Infrastructure Solutions, Inc, the bidder making the Proposal for the project described in the Request for Qualifications for: Hurricane Irma Marine Debris Related Services and that I executed the said proposal with full authority to do so: 2, the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affid ViOn ing contracts for said project. January, , 221 (Signature of Respondent) (Date) STATE OF: Florida COUNTY OF: Palk Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or online notarization, on January 6, 2021 (date) by Christine Mehle, PE,CF , ENV SP (name of affiant). He She is personally known to me or has produced (type o identification)as identification. NOTARY PUBLIC TEPH NIE XITUROW I1wau Public,Sl,le Of Florida comet.expires Aug.23.74t1 r„ti Commission Nsr 0013Tt27 Monroe County County Fr rrnss Fir spasm Response Ffumcane Irma marine Debris Monitoring January 6, 2021 and Related yeruaces RFP for Consultant Services, Hurricane Debris Monitoring and Related Services The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Wood Environment& Infrastructure Solutions, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations: 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction.. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify thatthis firm complies fully with the above requirements. 24114 Respondent's Signature January 6,2021 Date STATE OF: Florida COUNTY OF: Polk Subscribed and sworn to(or affirmed) before me, by means of❑ physical presence orVonline notarization, on January 6, 2021 _(date) by Christine Mehle, PE, CFM ENV S:P (name of affiant). He She is personally known to me or has produced (type= identification. NOTARY PUBLIC e® Z, $TEPHANIE KI72EROW r = Notary Public,State of Fladda my Comm aspires Aug,73,2ev 6ommsslon Namber 601)J/2J tviorttcrn County — — „t FC, - Proposal Response Hurricane Irma Marine Debris Ev omtrar=nq JanUacy 6, 20211 67' dnd ROated Services RFP for Consultant Services, Hurricane Debris Monitoring and Related Services PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor; or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Wood Environment have read the above and state that neither Infrastructure Solutions, Inc. (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: January 6, 2021 STATE OF: Florida COUNTY OF: Polk Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or vonline notarization, on January 6, 202' (date) by Christine Mehl , PE, CF , ENV S (name of affiant). He She is personal) known to me or has produced type o I enti ication) as identification. NOTARY PUBLIC y eaeeers TE H NIE ITZEROW Notary Publk,Mate of Florlds s#.36�-0�9 Comm ®WN$Aug.23,2021 ` , tommrsslon Number GG1JN22 Monroe County county Forms Proposal Response Hurrirane Irma Marine Delsfis P on,taring January 6 2021 and Related Seavrres RFP for Consultant Services, Hurricane Debris Monitoring and Related Services Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $1000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $1,000,000 Combined Single Limit per Occurrence/$1,000,000 Aggregate Professional Liability $1,000,000 per occurrence $2,000,000 aggregate Watercraft Liability $1,000,000 Monroe County shall be named as an Additional Insured on the General Liability, Vehicle Liability, and Watercraft Liability policies. Jones Act Coverage Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy Indemnification and Hold Harmless for Consultants and Subconsultants The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages„ losses and costs, including but not limited to, reasonable attorneys' fees,: to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold Monroe County Cour«ty Farms Pfoposa1 Response Hume ane Irma F tune vehns Nion tonng January 6. 2021 �� ark Related Services RFP for Consultant Services, Hurricane Debris Monitoring and Related Services the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. EUPONDENT_'S_STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full of all the requirements. Wood Environment& Infrastructure Solutions, Inc. Respondent Signature INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy,. POLICY DEDUCTIBLES Automobile Liability Nil Workers Compensation /EL Nil Professional Liability Confidential Liability policies are x Occurrence x Claims Made Aon Risk Services Southwest,Inc. Insurance Agency Signature Print Name: Keith Fox 12/31/2020 Monroe County 1 ns Noposal Respw*e Hurricane rma Marine Debr s Monooring Janiva ya 6, 2021 �� and Related Services �-1 ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/29/2021 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 CONTACT NAME: AOn Risk Services Southwest, Inc. PHONE FAX W Houston TX Office (A/C.No.Ezt): (866) 283-7122 A/C No : (800) 363-0105 SSSS San Felipe E-MAIL = Suite 1500 ADDRESS: Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Zurich American Ins Co 16535 3WGUSA Holdings, Inc. INSURER B: ACE American Insurance Company 22667 and its Subsidiaries and Affiliates 17325 Katy Freeway INSURERC: AIG Specialty Insurance Company 26883 Houston TX 77084 USA INSURERD: American International Group UK Ltd AA1120187 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570085914852 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADOL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM N/DDYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLo484608S00 07 01 2020 07 01 2021 EACH OCCURRENCE $5,000,000 CLAIMS-MADE X❑OCCUR Approved Risk Management DAMAGE TO RENTED $100 000 PREMISES Ea occurrence MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $5,000,000 N GEN'LAGGREGATE LIMITAPPLIES PER: 2-1.I 1-21.I GENERAL AGGREGATE $5,000,000 v POLICY PE ❑LOC PRODUCTS-COMP/OP AGG $5,000,000 ro OTHER: o r B ISA H25301900 07/01/2020 07/01/2021 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $2 000 ppp Ea accident X ANYAUTO BODILY INJURY(Per person) 0 O OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS ONLY AUTOS ^O' HIREDAUTOS NON-OWNED PROPERTY DAMAGE tp ONLY AUTOS ONLY Per accident U 'C W UMBRELLA LIAB OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION B WORKERS COMPENSATION AND WLRC67455708 07/01/2020 07/01/2021 X I PER STATUTE I LOTH EMPLOYERS'LIABILITY Y/N Work Comp- ADS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 B OFFICER/MEMBEREXCLUDED' N N/A SCFC67455745 07/01/2020 07/01/2021 (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION D Archit&Eng Prof PSDEF2000726 07/01/2020 07/01/2021 Aggreagate Limit $2,000,000 Claims Made- Prof. Liab. Any one Claim $1,000,000=_ SIR applies per policy terns & condi ions 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: Consulting Services for Hurricane Irma Marine Debris Monitoring and Disaster Related Services, Project No. 600766. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability Policies. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. �® W Monroe County AUTHORIZED REPRESENTATIVE - 1100 Simonton Street Key West FL 33040 USA J c(XXYO/92 ��GL/dQfG!/ a ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks ofACORD AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services southwest, Inc. ]WGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570085914852 CARRIER NAIC CODE See Certificate Number: 570085914852 ERRECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured JWGUSA Holdings, Inc. Wood Group USA, Inc. wood Environment & Infrastructure solutions, Inc. AMEC Construction Management, Inc. AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. Amec Foster Wheeler Energia, S.L.U. Amec Foster wheeler Industrial Power Company, Inc. Amec Foster wheeler Kamtech, Inc. Amec Foster Wheeler Martinez, Inc. Amec Foster wheeler North America Corp Amec Foster Wheeler Power Systems, Inc. Amec Foster wheeler USA Corporation Amec Foster Wheeler Ventures, Inc. BMA Solutions, Inc. C E C Controls Company, Inc. Cape Software, Inc. Foster wheeler Intercontinental Corporation Ingenious, Inc. Kelchner, Inc. MACTEC Engineering and Consulting, P.C. MASA Ventures, Inc. Mustang International , Inc. Rider Hunt International USA, Inc. RWG (Repair & overhauls) USA, Inc. Swaggart Brothers, Inc. Wood Design, LLC wood Group Alaska, LLC Wood Group Asset Integrity Solutions Wood Group PSN, Inc. wood Group UK, Ltd wood Massachusetts, Inc. Wood Programs, Inc. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD