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Item C01 County of Monroe BOARD OF COUNTY COMMISSIONERS Mayor Michelle Cold Coldiam,District 2 The Florida Keys t-0 Di Rice.District 4 V. y C Mayor Pro t `�-' f C Eddre Martinez,tsDi, t Da‘id o Mike Forster.District 5 County Commission Meeting March 17, 2021 Agenda Item Number: C.1 Agenda Item Summary #7603 REVISED BACKUP: Replaced Task Order with signed version, which also includes Attachment A BULK ITEM: Yes DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Karl Bursa(305)453-8759 NA AGENDA ITEM WORDING: Approval of a$12,340 task order for grant management, with CDR McGuire, Inc., under their contract dated 09/05/2019 for Flood Mitigation Assistance (FMA) Grant ID 2016-013 demolition/reconstruction at the correct finished floor elevation at 1512/1514 Duncombe Street, Key West, Florida 33040 owned by Elzbieta Krysztoflak. ITEM BACKGROUND: The City of Key West was awarded grant funding for demolition and Reconstruction under Flood Mitigation Assistance Grant Program via FEMA Project ID FMA-PJ- 04-FL-2016-013 to provide funding to rebuild the properties located at 1512 and 1514 Duncombe Street in Key West. This grant will eliminate potential future flooding and decrease FEMA's risk. During the course of the City drafting and executing the contract to manage the grant, Hurricane Irma struck and the City requested Monroe County administer the grant and project management, given the fact that the County accepted and submitted similar grants Keys-wide (including applicants from cities following Irma), regardless of the jurisdiction and the fact that the County planned to complete other grant-funded projects for the same type of activity in the future, as Board direction. This type of program is vital to the overall rebuilding of a more resilient community, as it offers private property owners the ability to leverage funding to elevate or reconstruct their homes above the minimum base flood elevation. It is especially useful for those properties that have flooded in the past, where FEMA has paid out claims from the National Flood Insurance Program. Following discussions with the Florida Department of Emergency Management(FDEM), it was determined that Monroe County could be accepted by FDEM as a subgrantee and that it had the necessary ability to take over Project FMA-PJ-04-FL-2016-013. In order for FDEM to accept the City of Key West's request for Monroe County to assume grant and project implementation responsibilities, on July 17, 2019, the Board of County Commissioners considered the request and approved the County Administrator submitting a letter to FDEM stating Monroe County's desire, willingness, and ability to take over this project from the City of Key West. On Thursday,November 7,2019, Monroe County received correspondence from FDEM that FMA- PJ-04-FL-2016-013 was approved. On January 22, 2020, the BOCC approved and signed the Subaward and Grant Funding Agreement for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-2016-013 for Elzbieta Krysztofiak, owner of properties at 1512/1514 Duncombe Street, in the City of Key West, FL in the amount of$222,697.81. Per the agreement set forth in FMA Grant FMA-PJ-04-2016-013,the property owner is required to provide matching funds for this project. These funds will be required in the amount of$14,134.02 for 1512 Duncombe Street(90/10 match) and $31,942.46 for 1514 Duncombe Street(75/25 match). The total required matching funds for this project that will be required by the property owner will total $46,076.48. The County Commission gave approval to advertise an RFP on June 19, 2019 to seek a consultant to assist in grant administration and project management of the reconstruction of this site, as well as others the County has funded or anticipates receiving funding for through HMGP, PDM, and FMA programs. During discussions with the Florida Department of Emergency Management,the County was made aware that a previously procured vendor, approved to provide these services by FDEM, CDR McGuire, was already under contract with the County. Staff submitted the RFP documents used to procure CDR McGuire, to FDEM which were approved by their legal team on October 5, 2020. Staff is now bringing forward this requested task order approval in the amount of$12,340 to engage CDR McGuire in grant management services for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-2016-013. FEMA approved a total budget amount for grant management costs of$12,359.38 with a cost share of$10,196.49 of federal share and$2,162.89 in local share. The task order for grant management is $12,340.00, as a result,the federal share for this task order will be$10,118.80 of the approved budget and the County will seek the local share to be paid by the property owner in a contract, which equates to: $2,221.20. The following shows the budget breakdown in the grant agreement. LW Funding Summary Federal Share $222 897.81 (82 85681268%) Local Share $46 076 48 (17 14318732%) Total ProlKI Cat $268 T74 29 (100%) Line Item Budget I Eazben Krysztofek ti Local Shard 1512 Outcombe Street Tots Federal Snare Homeowner Costs i Key West Florde 33040 Pm ed Cost (90%) (10%) Pre-Award Cats S4,61366 34,152 29 $461 37 Construction Cosh 5108.54028 397.686 25 S10 854 03 t Pr&Post Construction Costs S8 171 00 $7,353.90 --- $817 10 Tenant Displacement Cats $13.27600 S11,948.40 $132760 IGrant Management Cats S6499.38 S5,825.46 $673 92 TOTAL PROJECT COSTS S141,10032 $126,96630 S14 134 02 Ebbmn Krysztor* Local Shard 1514 Ounconte Street Total Federal Share Ion m.swner Costs Key West Florins 33040 Protect Cost (75%) (25%) Pre-Award Cats S4,61365 53.46024 $1 15341 Construction Costs ---- E97.94I 32 E73.48049 52448683 I PreJPost Construction Cab $7.37400 $5,530.50 ---- $1 843 50 Tenn Displacement Cats 511879.00 S8,909.25 ---- $2.96975 Grant Management Costs S5.66000 54,371.03 f1 e8897 TOTAL PROJECT COSTS. S127.87397 595,731.03 331.94246 SWadlta cc WcM: Steae/Lacal Contract Process 2 Months Engineering/Inspection 1 Months Permitting 1 Months Bds/DenwlNonitonstrucuon 9 Months Final Inspection/Acceptance 1 Months Cbaead 3 Months Total: 17 Month. This a FEMA protect number FIAA-PJ-04-FL-2016-013,Monroe Canty Megaton Reconstruction Project The Period of Performance(POP)or this project shall end on October 30,2020. PREVIOUS RELEVANT BOCC ACTION: - The BOCC passed Agenda Item on July 17, 2019 approving the authorization of Monroe County to assume grant management responsibilities for FEMA FMA Project FMA-P1-04-FL-2016-013 from the City of Key West. The County Commission gave approval to advertise an RFP on June 19,2019 to seek a consultant to assist in grant administration and project management of the reconstruction of this site,as well as others the County has funded or anticipates receiving funding for through HMGP, PDM, and FMA programs. On January 22,2020, the BOCC approved and signed the Subaward and Grant Funding Agreement for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-2016-013 for Elzbieta Krysztofiak, owner of properties at 1512/1514 Duncombe Street, in the City of Key West, FL in the amount of$222,697.81.. CONTRACT/AGREEMENT CHANGES: New Task Order Approval STAFF RECOMMENDATION: Staff recommends approval of the task order in the amount of $12,340 with CDR McGuire for FMA Gratit ID 2016-013 for Grant Management under the FEMA Flood Mitigation Assistance(FMA) Grant Program for elevation of structures at 1512/1514 Duncombe Street, Key West, Florida owned by Elzbieta Krysztofiak. DOCUMENTATION: Monroe Task Order No. 6_FMA-2016-0I3_Hazard Mitigation-DEMO Reconstruction of 2 Residences - (Updated 3-12-2021) CDR Maguire, Inc Contract for FEMA Consulting Services Executed FMA Agreement Duncombe FINANCIAL IMPACT: Effective Date: 2/17/21 Expiration Date: August 2022 Total Dollar Value of Contract: $12,340 Total Cost to County: $2,221.20 (staff are working on a contract with property owners for them to pay this cost share) Current Year Portion: $12,340 Budgeted: $12,340 Source of Funds: 125-50522-530490 CPI: Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes,amount: Grant: FMA 2016-013 County Match: N/A Insurance Required: Yes. Already provided with main contract. Additional Details: Funding will be reimbursed by FDEM once services are completed and invoices submitted/received. 02/17/21 001-06000 • GRANTS $12,340.00 FMA 2016-013 REVIEWED BY: Rick Griffin Completed 03/01/2021 2:26 PM Assistant County Administrator Christine Hurley Completed 03/02/2021 3:02 PM Purchasing Completed 03/02/2021 3:05 PM Budget and Finance Completed 03/02/2021 3:06 PM Maria Slavik Completed 03/02/2021 4:01 PM Liz Yongue Completed 03/02/2021 4:14 PM Board of County Commissioners Pending 03/17/2021 9:00 AM TASK ORDER NO.6 (FMA2016-013/HAZARD MITIGATION-DEMO/RECONSTRUCTION OF 2 RESIDENCES) FEMA PROGRAM CONSULTING SERVICES BETWEEN MONROE COUNTY AND CDR MAGUIRE,INC. FOR HURRICANE DISASTER RECOVERY In accordance with the contract for FEMA Program Consulting Services made and entered into on the 5`h day of September 2019,by and between Monroe County hereinafter referred to as the"County"and CDR Maguire,Inc. hereinafter referred to as"Consultant". All terms and conditions of the referenced Contract for FEMA Program Consulting Services apply to the Task Order, unless the Task Order modifies an Article of the Contract of which will be specifically referenced in this Task Order and the modification shall be precisely described. 1. CDR Maguire, Inc. is tasked with providing grant management services necessary for the successful implementation and completion of hazard mitigation activities. The project is intended to eliminate or significantly reduce future flood risk through mitigation reconstruction. The project includes the demolition of two (2) residential structures to construct two(2) new elevated residential structures. Work will include general work items related to the County's Hazard Mitigation efforts that include,but not limited to: • Assist with the development of the"Memorandum of Understanding and Agreement for Monroe County and the Homeowner(Agreement)". • Review the agreement with the homeowner and answer questions from the homeowner and contractor about the agreement requirements throughout the project. • Support the homeowner with permits,schedules,projects final inspections,closeout,and audits. • Attend the preconstruction conference between the contractor and homeowner. • Maintain a project progress report and file including the Notice to Procced, contractor information, URA form and other State of Florida and FEMA forms. • Manage the project costs with the homeowner.Educating the homeowner on the budget, the allowable costs and documents required for the reimbursements. • Coordinate with the homeowner and County staff on costs overrun. • Prepare all request for reimbursement forms and invoices to be submitted to the Florida Division of Emergency Management. • Assist the County in meeting deadlines imposed by FEMA and the State of Florida for documentation,quarterly reports,completion of work,requests for reimbursement,etc. • Assist with on-site final inspection. • Assist with development and ongoing activities with a team of County employees to manage the project. • Help with preparation of correspondence to State of Florida and FEMA when required. • Review of current County policies and assistance with development and documentation of new County policies to ensure compliance with FEMA and State of Florida requirements and guidelines. • Other related activities as requested by the County. Page 1 of 5 2. The task above shall be performed in accordance with 2.1 of the contract for FEMA Program Consulting Services. 3. The costs for Consultant's services set forth in this Task Order shall not execeed $12,340.00 for Services related to FMA2016-013/Hazard Mitigation-Demo/Reconstruction of two (2) Residences based upon the pricing as set forth in the Attachment A-Scope of Work and Pricing to the Agreement dated September 5, 2019 and in accordance with the grant agreement FMA2016-013 attached as Exhibit A. CDR MAGUIRE, INC. FMA2016-013/Hazard Mitigation MASTER STAFFING PLAN Demo/Reconstruction of 2 Residences Estimated Estimated Monroe County On Site Rate Off Site Rate Hours Amount Public Assistance Support Hazard Mitigation Specialist $175 $135 60 $ 10,500.00 Data Analyst $140 $100 $ - Admin $40 $40 46 $ 1,840.00 Estimated Task Order Totals 106 $ 12,340.00 Estimated Budget $12,340.00 NOT-TO-EXCEED $12,340.00 4. Article IX- Miscellaneous, Section 9.29 shall be revised to add new federal regulations (2 CFR §200.216 and 2 CFR§200.322 and FEMA contract language as set forth below: Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§ 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system.As described in Public Law 115-232,section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. Page 2 of 5 (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by,or otherwise connected to,the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR 4200.322 The COUNTY and CONSULTANT should,to the great extent practicable, provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States(including but not limited to iron, aluminum,steel,cement,and other manufactured products).These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States"means,for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe;aggregates such as concrete;glass,including optical fiber;and lumber. Compliance with Federal Law, Regulations,and Executive Orders.This is an acknowledgement that FEMA financial assistance may be used to fund the contract.The contractor will comply will all applicable federal law,regulations,executive orders,FEMA policies, procedures,and directives. No Obligation by Federal Government.The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity,contractor,or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts.If applicable,the contractor acknowledges that 31 U.S.C.Chap.38(Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 5. This Task Order shall be effective as of March 17, 2021 and shall remain In effect until such services are no longer required or in accordance with 9.5 of the contract. Page 3 of 5 IN WITNESS WHEREOF,each party caused the Task Order to be executed by its duly authorized representative. (Seal) Attest: CDR MAGUIRE,INC.IN�� By: By: ETfsa Chief Operating Officer Title Title Date:03/08/2021 BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA By: By: As Deputy Clerk Mayor/Chairman MONROE CO WM1•flORXCY ifCURISf Y� CX W SIIHE IIMBFAi01MOM5 M1SS�ST�M Cy11 W YdiRMNEY tE S/3I[l Page 4 of 5 EXHIBIT A Page 5 of 5 Attachment A Scope of Work and Budget Pt Revision Homeowner; Elzbieta Kryszlofiak Property Address: 1512 buncombe Street, Key West, Florida 33040 Homeowner: Elzbieta Kryszlofiak Property Address: 1514 Duncombe Street, Key West, Florida 33040 STATEMENT OF PURPOSE The purpose of this Scope of Work(SOW)is mitigation reconstruction of two residential properties located in Key West, Florida 33040; funded through the Flood Mitigation Assistance Grant Program (FMA) FMA-PJ-04-FL-2016-013 as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, Monroe County, agrees to administer and complete the project per the scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW' As a Flood Mitigation Assistance Grant Program (FMA) project, the Sub-Recipient proposes to demolish the two residential structures and to construct new elevated structures having the first floor elevation at least 2.8 feet above the Base Flood Elevation (BFE) in compliance with local ordinances. The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. The new elevated structure should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting requirements. The areas below the lowest floor must be used solely for parking of vehicles, building access or storage. TASKS&DELNERABLES: A) Tasks 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipients produrement policy as well as all federal ' and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable-regulations. 3 The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed"Debarment,Suspension, Ineligibility,Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub-Recipient shall monitor and manage the demolition and construction of each property subjected to or in danger of repetitive damage. The project shall be implemented in accordance with the approved scope of work previously presented to the Division by the Sub- Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. The Sub-Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub-Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All . construction activities shall be monitored by a qualified engineer. The Sub-Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in 4 accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) A copy of the Local Building Official Inspection Report and Final Approval, as applicable. b) A copy of the Certificate of Occupancy issued by the local authority. c) A copy of Elevation Certificate before mitigation, if available. d) A copy of the Elevation Certificate after mitigation. e) As-built drawings showing that the square footage of the newly constructed and elevated structure does not exceed 10 percent of the original square footage. f) All Product Specifications&Data Sheets(s) (technical standards) satisfying protect requirements on all products utilized, as applicable. g) Signed notices from the affected property owner in the SFHA that the Sub-Recipient will record a Deed Notice applicable to their property, as described in section (h), below, and that they will maintain flood insurance. h) Confirmation that the Sub-Recipient (or property owner) has legally recorded with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner(including book/page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the properly regardless of transfer of ownership of such property, pursuant to 42 U.S.C. §5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The property owner is also required to maintain this properly in accordance with the floodplain management criteria of 44 CFR 60.3 and City/County Ordinances.' (i) Verification that the property located within a SFHA is covered by an NFIP flood insurance policy to the amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property,whichever is less. (j) Letter verifying that unusable equipment, debris, and materials were disposed of in an approved manner and location. The letter shall also include if any significant items (or evidence thereof)were discovered during implementation of the project,and that the Sub- recipient handled, managed, and disposed of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. (k) Letter verifying if any asbestos containing material, lead-based paint, or other toxic materials were found during construction activities, and that the Sub-recipient complied with all federal, state, and local abatement and disposal requirements. Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials shall be provided, if applicable. 5 (I) Proof of compliance with Project Requirements and Conditions contained herein. 3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. in some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each reimbursement request attesting to the completion of the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further,the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly reports shall be submitted by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; 6 c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount; The Sub-Recipient's final request for reimbursement shall include the final construction project cost.Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables Mitigation activities for this project consists of demolishing two existing residential structures located in Key West, Florida 33040,to construct new elevated structures having the first floor elevation at least 2.8 feet above the Base Flood Elevation (BFE) in compliance with local ordinances. The square footage of a resulting structure shall be no more than 10 percent greater than that of the original structure. The new elevated structures should comply with the National Flood Insurance Program requirements, the Florida Building Code and all applicable local codes and permitting requirements. The areas below the lowest floor must be used solely for parking of vehicles, building access or storage. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQIAREMENTs: A) Enulneering 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Certificate of Occupancy issued by the local authority and/or a copy of the local official Inspection Report and/or Final approval; as applicable. 3) The Sub-Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, if available. 4) The Sub-Recipient shall submit a copy of Elevation Certificate prepared after mitigation. 5) The Sub-Recipient shall provide as-built drawings showing that the square footage of the newly constructed and elevated structure does not exceed 10 percent of the original square footage. 6) The Sub-Recipient shall submit all Product Specifications/Data Sheet(s)(technical standards) satisfying protect requirements on all products utilized. 7) All installations shall be done in strict compliance with the Florida Building Code or any local codes and ordinances.All materials shall be certified to exceed the wind and impact standards of the current local codes. 7 8) The Sub-Recipient shall follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. 8) Environmental: 1) Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion(CATEX),then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require resubmission to the Division and FEMA for National Environmental Protection Act(NEPA) re-evaluation before starting project work. 3) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If prehistoric or historic artifacts,such as pottery or ceramics,projectile points,dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American,early European,or American settlement are encountered at any time within the project site area, the project shall cease all activities involving subsurface disturbance in the immediate vicinity of the discovery. The Sub-Recipient shall contact the Florida Department of State, Division of Historical Resources,Compliance Review Section at (850) 245-6333, and the Division's State Environmental Officer within 24 hours of the discovery. Project activities shall not resume without verbal and/or written authorization from the SHPO,the Division, and FEMA. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 4) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, Sub-recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. Verification of compliance is required at project closeout. 5) If any asbestos containing material, lead-based paint,or other toxic materials are found during construction activities, the Sub-Recipient shall comply with all federal, state, and local abatement and disposal requirements. The Sub-Recipient shall provide Notice of Demolition or Asbestos Renovation forms and confirmation that any ACM were taken to an authorized landfill for such materials.Verification of compliance is required at project closeout. 8 6) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. C) Programmatic: 1) The square footage of a resulting structure shall be no more than 10 percent greater than the finished living floor area of the original structure. The new construction shall not exceed the new finished living floor area for each property as provided below: a) 1512 Duncombe Street, Key West, 33040- Current Area - 540 ft2, New Area s 594 ft2; and b) 1514 Duncombe Street, Key West, 33040-Current Area-443 ft2, New Area 5 487 W. 2) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) Pursuant to 44 CFR 13(c), the Sub-Recipient shall obtain prior written approval from the Division and FEMA for any budget revision that would result in a need for additional funds to the overall project amount. Furthermore,the Sub-Recipient shall receive written approval from the Division for any budget revision of less than 10%in any given budget line item, as long as the overall amount of the funds obligated under this Agreement is not increased. 4) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work,to the Division a minimum of seventy(70)days prior to the expiration date,for Division processing to FEMA. 5) The Sub-Recipient must avoid duplication of benefits between the FMAP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award,the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub- Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipients program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. 9 BUDGET Funding Summary Federal Share: $222,697.81 (82.85681268%) Local Share: $46,076.48 (17.14318732%) Total Project Cost $268,774.29 (100%) Line Item Budget Elzbieta Krysztofiak Local Share/ 1512 Duncombe Street Total Federal Share Homeowner Costs Key West, Florida 33040 Project Cost (90%) (10%) Pre-Award Costs $4,613.66 $4,152.29 $461.37 Construction Costs $108,540.28 $97,686.25 $10,854.03 Pre/Post Construction Costs $8,171.00 $7,353.90 $817.10 Tenant Displacement Costs $13,276.00 $11,948.40 $1,327.60 Grant Management Costs $6,499.38 $5,825.46 $673.92 TOTAL PROJECT COSTS: $141,100.32 $126,966.30 $14,134.02 Elzbieta Krysztofiak Local Share/ 1514 Duncombe Street Total Federal Share Homeowner Costs Key West, Florida 33040 Project Cost (75%) (25%) Pre-Award Costs $4,613.65 $3,460.24 $1,153.41 Construction Costs _ $97,947.32 $73,460.49 $24,486.83 Pre/Post Construction Costs $7,374.00 $5,530.50 $1,843:50 Tenant Displacement Costs $11,879.00 _ $8,909.25 $2,969.75 Grant Management Costs $5,860.00 $4,371.03 $1,468.97 TOTAL PROJECT COSTS: $127,673.97 $95,731.61 $31,942.46 *Any line item amount in these Budgets may be increased or decreased 10%or less with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased SCHEDULE OF WORK: State/Local Contract Process 2 Months Engineering/Inspection 1 Months Permitting 1 Months Bids/Demolition/Construction 9 Months Final Inspection/Acceptance 1 Months Closeout 3 Months Total : 17 Months This is FEMA project number FMA-PJ-04-FL-2016-013, Monroe County Mitigation Reconstruction Project. The Period of Performance(POP)for this project shall end on August 30, 2021. 10 �s C.7 y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS County of Monroe , Mayor Michelle Coldiron,District 2 �� {sJ ` °' Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting March 17, 2021 Agenda Item Number: C.1 Agenda Item Summary #7603 BULK ITEM: Yes DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Karl Bursa(305) 453-8759 NA AGENDA ITEM WORDING: Approval of a $12,340 task order for grant management, with CDR McGuire, Inc., under their contract dated 09/05/2019 for Flood Mitigation Assistance (FMA) Grant ID 2016-013 demolition/reconstruction at the correct finished floor elevation at 1512/1514 Duncombe Street, Key West, Florida 33040 owned by Elzbieta Krysztofiak. ITEM BACKGROUND: The City of Key West was awarded grant funding for demolition and Reconstruction under Flood Mitigation Assistance Grant Program via FEMA Project ID FMA-PJ- 04-FL-2016-013 to provide funding to rebuild the properties located at 1512 and 1514 Duncombe Street in Key West. This grant will eliminate potential future flooding and decrease FEMA's risk. During the course of the City drafting and executing the contract to manage the grant, Hurricane Irma struck and the City requested Monroe County administer the grant and project management, given the fact that the County accepted and submitted similar grants Keys-wide (including applicants from cities following Irma), regardless of the jurisdiction and the fact that the County planned to complete other grant-funded projects for the same type of activity in the future, as Board direction. This type of program is vital to the overall rebuilding of a more resilient community, as it offers private property owners the ability to leverage funding to elevate or reconstruct their homes above the minimum base flood elevation. It is especially useful for those properties that have flooded in the past, where FEMA has paid out claims from the National Flood Insurance Program. Following discussions with the Florida Department of Emergency Management(FDEM), it was determined that Monroe County could be accepted by FDEM as a subgrantee and that it had the necessary ability to take over Project FMA-PJ-04-FL-2016-013. In order for FDEM to accept the City of Key West's request for Monroe County to assume grant and project implementation responsibilities, on July 17, 2019, the Board of County Commissioners considered the request and approved the County Administrator submitting a letter to FDEM stating Monroe County's desire, willingness, and ability to take over this project from the City of Key West. On Thursday, November 7, 2019, Monroe County received correspondence from FDEM that FMA- Packet,Pg. 23 C.1 PJ-04-FL-2016-013 was approved. On January 22, 2020, the BOCC approved and signed the Subaward and Grant Funding Agreement for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-2016-013 for Elzbieta Krysztofiak, owner of properties at 1512/1514 Duncombe Street, in the City of Key West, FL in the amount of$222,697.81. Per the agreement set forth in FMA Grant FMA-PJ-04-2016-013, the property owner is required to provide matching funds for this project. These funds will be required in the amount of$14,134.02 for 1512 Duncombe Street(90/10 match) and $31,942.46 for 1514 Duncombe Street(75/25 match). The total required matching funds for this project that will be required by the property owner will total $46,076.48. The County Commission gave approval to advertise an RFP on June 19, 2019 to seek a consultant to assist in grant administration and project management of the reconstruction of this site, as well as others the County has funded or anticipates receiving funding for through HMGP, PDM, and FMA programs. During discussions with the Florida Department of Emergency Management, the County was made aware that a previously procured vendor, approved to provide these services by FDEM, CDR McGuire, was already under contract with the County. Staff submitted the RFP documents used to procure CDR McGuire, to FDEM which were approved by their legal team on October 5, 2020. Staff is now bringing forward this requested task order approval in the amount of$12,340 to engage CDR McGuire in grant management services for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-2016-013. FEMA approved a total budget amount for grant management costs of$12,359.38 with a cost share of$10,196.49 of federal share and $2,162.89 in local share. The task order for grant management is $12,340.00, as a result, the federal share for this task order will be $10,118.80 of the approved budget and the County will seek the local share to be paid by the property owner in a contract, which equates to: $2,221.20. The following shows the budget breakdown in the grant agreement. Packet,Pg. 24 C.1 'VIDOET Funding Surntnary Federal ral Shr Brie $"'-22 9r "'81 82 856 1,268 t 14 31' ' 'q) Total Project Cost S2C- i"4 29 Line Marys Budget 1512 Duncornbe S$trc et T o,ta Federal S`-hare tkjr e owrre Key Florida wI Project r? 1 l;.,i tl10 of"01"PUror)cin"s v s 54j 2,R ( ,I da; . 25 Stir 154 3, TerlanI t Isplacennef it COS! 1 a 2 7r a s,",. :1,1 948 4 n .'l 3117 60 Gran!Managairne t f VIS,, T`,,ra 4 J 319 F",2,Tu 4 r ;t,r,, .'2" i m. Fria _ ..ztrltl 4,,r" I e ar ! 1514 Caen nicle SCre 'f fi�^;a t"i-;"iraa..,atarrr 49ort e""1',�`f� 1 ')S°S Ira" r.F aJ rt ; r, Y 1 a.1 s 1 aM, �T a ,'fry ( ., T1 1 -§ 1 i r-#gyn tier , �'� �'? i r 5��ro "','.tsr E;,S,r;, '53 __. ...._ r......_ �,... .. ... }�re,Plot C'oi=strurator'r Cr ate $ 4 1,tT „Ti r�� "t�0 S1 3e4 3 50 of anf 4✓osl5`a �,r, 1 81 9 ram, j ., w^8 909 25 $2 7- I aflgePneYF1�"y,Ca ter`' la`s 4„o L,�'l `1"1 C�; � $9 488 rpr` 1 �T 1. 011 . tr � t ^�3 �, ,. . a 71!,1 0 1 r1¢ tcYt 't 'jt�fi ' Piet"ir sal; Fi ` '"11 Irlt 1 M,o`:trths Cr a t 1 t' Yi, ru I rPUGti'?7 mo'ghs Ira ,;at 3 P'u ss,ttt'i To�tat 17 Months, This s FEtvtA h rai 3l i u a e"FIAA-P',a Ost-Fi .'_".l'3-013 P-r"r nr e cor,rltr h1tiga ion e,ori isr'.tt,.rt Rr .Etct 1'he,Period rf1 Performance t','POP) or fl-is Ft `1 shal erd on October 3,0, 20M PREVIOUS RELEVANT BOCC ACTION: The BOCC passed Agenda Item on July 17, 2019 approving the authorization of Monroe County to assume grant management responsibilities for FEMA FMA Project FMA-PJ-04-FL-2016-013 from the City of Key West. The County Commission gave approval to advertise an RFP on June 19, 2019 to seek a consultant to assist in grant administration and project management of the reconstruction of this site, as well as Packet,Pg. 25 C.1 others the County has funded or anticipates receiving funding for through HMGP, PDM, and FMA programs. On January 22, 2020, the BOCC approved and signed the Subaward and Grant Funding Agreement for FEMA Flood Mitigation Assistance (FMA) Grant FMA-PJ-04-2016-013 for Elzbieta Krysztofiak, owner of properties at 1512/1514 Duncombe Street, in the City of Key West, FL in the amount of$222,697.8L. CONTRACT/AGREEMENT CHANGES: New Task Order Approval STAFF RECOMMENDATION: Staff recommends approval of the task order in the amount of $12,340 with CDR McGuire for FMA Grant ID 2016-013 for Grant Management under the FEMA Flood Mitigation Assistance (FMA) Grant Program for elevation of structures at 1512/1514 Duncombe Street, Key West, Florida owned by Elzbieta Krysztofiak. DOCUMENTATION: Monroe Task Order No. 6_FMA-2016-013_Hazard Mitigation-DEMO Reconstruction of 2 Residences - signed CDR Maguire, Inc Contract for FEMA Consulting Services Executed FMA Agreement Duncombe FINANCIAL IMPACT: Effective Date: 2/17/21 Expiration Date: August 2022 Total Dollar Value of Contract: $12,340 Total Cost to County: $2,221.20 (staff are working on a contract with property owners for them to pay this cost share) Current Year Portion: $12,340 Budgeted: $12,340 Source of Funds: 125-50522-530490 CPI: Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: FMA 2016-013 County Match: N/A Insurance Required: Yes. Already provided with main contract. Additional Details: Funding will be reimbursed by FDEM once services are completed and invoices submitted/received. Packet,Pg. 26 C.1 02/17/21 001-06000 - GRANTS $12,340.00 FMA 2016-013 REVIEWED BY: Rick Griffin Completed 03/01/2021 2:26 PM Assistant County Administrator Christine Hurley Completed 03/02/2021 3:02 PM Purchasing Completed 03/02/2021 3:05 PM Budget and Finance Completed 03/02/2021 3:06 PM Maria Slavik Completed 03/02/2021 4:01 PM Liz Yongue Completed 03/02/2021 4:14 PM Board of County Commissioners Pending 03/17/2021 9:00 AM Packet,Pg. 27 C.1.a TASK ORDER NO. 6 (FMA2016-013/HAZARD MITIGATION-DEMO/RECONSTRUCTION OF 2 RESIDENCES) le FEMA PROGRAM CONSULTING SERVICES BETWEEN MONROE COUNTY AND CDR MAGUIRE, INC. FOR HURRICANE DISASTER RECOVERY In accordance with the contract for FEMA Program Consulting Services made and entered into on the 5tn day of September 2019, by and between Monroe County hereinafter referred to as the"County"and CDR v_s Maguire, Inc. hereinafter referred to as "Consultant". All terms and conditions of the referenced Contract for FEMA Program Consulting Services apply to the Task Order, unless the Task Order modifies an Article of the Contract of which will be specifically referenced in this Task Order and the modification shall be precisely described. 1. CDR Maguire, Inc. is tasked with providing grant management services necessary for the successful implementation and completion of hazard mitigation activities. The project is intended to eliminate or significantly reduce future flood risk through mitigation reconstruction. The project includes the demolition of two (2) residential structures to cv construct two (2) new elevated residential structures. o 0 Work will include general work items related to the County's Hazard Mitigation efforts that include, but not limited to: • Assist with the development of the "Memorandum of Understanding and Agreement for Monroe County and the Homeowner (Agreement)". • Review the agreement with the homeowner and answer questions from the homeowner and contractor about the agreement requirements throughout the project. • Support the homeowner with permits,schedules, projects final inspections,closeout, and audits. • Attend the preconstruction conference between the contractor and homeowner. • Maintain a project progress report and file including the Notice to Procced, contractor information, URA form and other State of Florida and FEMA forms. • Manage the project costs with the homeowner. Educating the homeowner on the budget, i the allowable costs and documents required for the reimbursements. • Coordinate with the homeowner and County staff on costs overrun. • Prepare all request for reimbursement forms and invoices to be submitted to the Florida Division of Emergency Management. • Assist the County in meeting deadlines imposed by FEMA and the State of Florida for i documentation, quarterly reports, completion of work, requests for reimbursement, etc. d • Assist with on-site final inspection. • Assist with development and ongoing activities with a team of County employees to manage the project. • Help with preparation of correspondence to State of Florida and FEMA when required. �+ • Review of current County policies and assistance with development and documentation of new County policies to ensure compliance with FEMA and State of Florida r_ requirements and guidelines. o • Other related activities as requested by the County. Page 1 of 5 Packet,Pg. 28 C.1.a le Ch 2. The task above shall be performed in accordance with 2.1 of the contract for FEMA Program Consulting Services. W 3. The costs for Consultant's services set forth in this Task Order shall not execeed $12,340.00 for Services related to FMA2016-013/Hazard Mitigation-Demo/Reconstruction of two (2) �+ Residences based upon the pricing as set forth in the Attachment A-Scope of Work and Pricing to the Agreement dated September 5, 2019 and in accordance with the grant agreement FMA2016-013 attached as Exhibit A. CDR MAGUIRE, INC. FMA2016-013/Hazard Mitigation MASTER STAFFING PLAN Demo/Reconstruction of 2 Residences r_ cv 0 Hazard Mitigation Specialist $175 $135 60 $ 10,500.00 Data Analyst $140 $100 $ - 0 Admin $40 $40 46 $ 1,840.00 7EsVimat7edBudg7et7T7T $12,340.00 NOT-TO-EXCEED- $12,340.00 4. Article IX- Miscellaneous, Section 9.29 shall be revised to add new federal regulations (2 CFR N §200.216 and 2 CFR §200.322 and FEMA contract language as set forth below: r9 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 C~ CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or CD obtain; or(3) Enter into a contract (or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is o telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such 0 entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. Page 2 of 5 Packet,Pg. 29 C.1.a le (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the W Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONSULTANT should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means,for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of cv non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride o pipe; aggregates such as concrete; glass, including optical fiber; and lumber. o Compliance with Federal Law, Regulations, and Executive Orders.This is an acknowledgement that FEMA financial assistance may be used to fund the contract.The contractor will comply will all 0 applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 5. This Task Order shall be effective as of March 17, 2021 and shall remain in effect until such services are no longer required or in accordance with 9.5 of the contract. cv i d E m 2 C 0 Page 3 of 5 Packet,Pg. 30 C.1.a le IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. (Seal) Attest: CDR MAGUIRE, INC. By: By: Title Title BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA CN 4- 0 0 By: By: 2 As Deputy Clerk Mayor/Chairman 0 MONROE COUNTY ATTORNEY j SPPR VVD AS TO FO A: Chi RISITNB LIMBERT•BARROWS ASSISTANT CO,C,i�7�'y j rRNEY DATE... 3//33.//_LL. N M N 6 2 C 0 U Page 4 of 5 Packet,Pg. 31 C.1.a le EXHIBIT A N cv 4- 0 c 0 2 0 u w 0 N r9 cv d m le 0 c 0 u Page 5 of 5 Packet,Pg. 32 Kevin Mad* cPA :p •o . Clerk of the Circuit Court&Comptroller—Monroe County, Florida oh�fi coin DATE: September 24, 2019 0 TO: Julie Cuneo, Administrator Management&Business Services FROM: Pamela G. Hanco .C. cv SUBJECT: September 5'BOCC Meeting 2 Enclosed is a duplicate original of each of the following items for your handling: Cl Agreement with CDR Maguire, Inc. for FEMA Consulting Services and approval of Task Order to perform consulting services for the County relating to on-going disaster recovery from Hurricane Irma. m N1 Task Order Two to perform FEMA Consulting Services for the County relating to y disaster recovery from Hurricane Dorian. Motion carried unanimously. Should you have any questions, please feel free to contact me at(305) 292-3550. 0 c 0 cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet'.:Pg. 33 Agreement For FEMA Program Consulting Services This Agreement ("Agreement") made and entered into this 5th day of September, 2019 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 c as"COUNTY,"through the Monroe County Board of County Commissioners ("BOCC"), AND CDR Maguire, Inc., a corporation of the State of Florida whose address is P. O. Box 771750, Miami, FL 33177 its successors and assigns, hereinafter referred to as"CONTRACTOR" or "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Federal Emergency Management Agency (FEMA) Program Consulting Services; and 0 WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing FEMA Program Consulting Services, which services shall collectively be referred to as the"Project"; y 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 y acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 y 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 2 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. .5 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 CONSULTANTs and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as apart 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 Packet Pg. 34 C.1.b 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. 1.1.6 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. 1.1.7 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. 1.1.8 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. 1.1.9 The effective date of this AGREEMENT shall be September 5, 2019. The term of the AGREEMENT shall be for a five-year period, unless otherwise terminated as provided �-- herein. The COUNTY shall have the option of extending the AGREEMENT in one-year increments for up to five years at the same terms and conditions with approval of the COUNTY governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. ARTICLE II 0 SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon receipt of a written notice to proceed from the COUNTY. The notice to proceed will then be formalized into the form of a task order and must contain a description of the services to be performed, and the time period within which services must be performed and the estimated cost for the services to be performed under the task order. 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 subcontractors, or both. 2 Packet Pg. 35 C.1.b 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: 0 Julie Cuneo 1100 Simonton Street, Suite 2-213 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: Andre Duart President of Emergency Management Sr. VP PO BOX 771750 Miami, FL 33177 ARTICLE III y ADDITIONAL SERVICES 3.1 The services described in Article III are Additional Services that may be provided by the CONSULTANT and are not included in Basic Services. If requested by the COUNTY, the Additional Services shall be paid for in addition to the compensation paid for the Basic 75 Services but shall be in accordance with the pricing/rates set forth in this Agreement and only if approved by the COUNTY before commencement. o 3.2 Additional Services may include, but are not limited to the following: LU A. Providing services of CONSULTANT for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or notcustomarily 0 furnished in accordance with generally accepted FEMA Program Consulting Services. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.3 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 3 Packet Pg. 36 C.1.b 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 2- services and work of the contractors. 4.6 The COUNTY's review of any documents prepared by the CONSULTANT or its subcontractors 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. .2 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 The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence,errors, or otherwrongful act or omission of the CONSULTANT, its Subcontractor(s)in any tier,their officers, employees, servants and agents. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided 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 claim or action on the COUNTY's behalf. E 4 Packet Pg. 37 C.1.b 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. c 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 Katrinka Bailey Project Manager Other personnel to be determined 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 y COMPENSATION 7.1 PAYMENT SUM LU 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on pricing/rates agreed upon and shown in Attachment 12 A. 0 5 Packet Pg. 38 C.1.b 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 monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement or Task Order, c 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 CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require, including but not limited to back up documentation sufficient for reimbursement of expenses by FEMA or other governmental agencies. 0 (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.70, Florida Statute. 0 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. y 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. ARTICLE VIII INSURANCE AND BONDS 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 2 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. ' 6 Packet Pg. 39 C.1.b 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. 0 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. 9 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 2 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 Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) 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 subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket -- Contractual Liability Endorsement with Five Million Dollars ($5,000,000) 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 Requirement with minimum limits of liability $1,000,000 per Occurrence/$2,000,000 Aggregate. if coverage is provided on a Claims made basis, 2- an extended claims reporting period of four(4) years will be required. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subcontractors 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 5 insurance for subcontractors. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will I 7 Packet Pg.40 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. 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. 0 9.3 SUCCESSORS AND ASSIGNS le 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 y 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. 0 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days' written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination,the COUNTY shall provide CONTRACTOR with five(5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure 8 Packet Pg.41 y C.1.b the breach that has occurred. If the breach is not cured,the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due to the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount 'due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement,which is$5 million. 1n 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. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one(1)weeks' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due to the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement, which is $5 million. 2- 0 E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes; are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized.Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, 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 Attachment A Scope of Work and Pricing, 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 Packet Pg. 42 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, c public entity, and may not transact business with or CONSULTANT under a contract with any any public entity in excess of the threshold amount provided in Section 287.0e of the Florida b 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 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 subcontractor has committed an act defined by Section 287.133 Florida Statutes, as a "public entity crime" and that it has not been c y crime" reardess of the formally charged with committing an hays beblc ten placed on t el convicted amount of money involved or whether CONUSULTANT vendor list. y CONSULTANT will promptly notify the COUNTY if it or any subcontractor or CONSULTANT is formally charged with an act defined as a"public entity crime"or has y been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT CONSULTANT shall maintain ail books, records, and documents directly pertinent -to performance under this Agreement in accordance with generally accepted accounting y 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 submission of the final expenditure report as per 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 seven years following the termination of this Agreement or,three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. 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 c ly retained by the CONSULTANT, the CONSULTANT shall Agreement, or were wrongful 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. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance I 10 Packet;Pg.43' y C.1.b rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as"Records")shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 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. 0 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 0 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 the Agreement,the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include 11 Packet Pg. U C.1.b attorney's fees and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 0 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 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. le The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and y confer sessions to be commenced within 15 days of the dispute or claim or as soon as i practicable. 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 y Agreement or by Florida law.This Agreement is not subject to arbitration.Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, 0) s not negate or waive the provisions of paragraph Monroe County, Florida.This provision doe 9.5 concerning termination or cancellation. 5 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 U CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATIONIEQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, 5 and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color, religion, sex and national origin; 2) Title IX of the Education Amendment of 1972, as I 12 Packet;Pg. 45 amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), .� which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, c relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 2- During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 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 II,¶C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex,sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship.The contractor agrees U 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 LU nondiscrimination clause. 0 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender c identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation 13 Packet;Pg. 46 y C.1.b conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice be provided by the agency contracting officer, advising the labor union or worrkk ers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and y remedies invoked as provided in Executive Order 11246 of September 24, 1965, or byCD rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, , so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- U compliance; provided, however,that in the event a contractor becomes involved in, or is ult of such direction by threatened with, litigation n he contractor subcontractorth a the administering agencymay request the United States to enter into such litigation to protect the interests of the United States. 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 5 this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be require 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 I 14 Packet Pg. 47 C.1.b 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 c nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, y 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 y 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. 0 (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. 15 Packet Pg.48 (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 o requirements for retaining public records. All records stored electronically must be the County's custodian of records, in a format provided to the County, upon request from that is compatible with the information technology systems of the County. (6) 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 CONSULTANT the County or allow theUeec,ords and o the CONSULTANT must provide the records to 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 contract upon violation of this provision by the CONSULTANT. A CONSULTANT 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 section119.10, Florida Statutes. y 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 y law. 2 IF THE CONSULTANT HAS UESTIONS REGARDING THE W APPLICATION OF CHAPTER Jig, FLORIDA RECORDS RELATIES, TO NG CONSULTANTS DUTY TO PROVIDE TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC_ RECORDS BRIAN BRADLEY ATOPHONE#M005-29oE470 ERAD NETY- BRIAN(a),MONROECOUNTY-FL.G w ATTORNEV S OFFICE 1111 12M Street SUITE 408 KEY WEST FL 0 33._ 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 I 16 Packet;Pg. 49 C.1.b the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respe t save ctions under this Agreement within the degree and extent to the performance territorial limits of the COUNTY shall apply to the me of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. ) 0 -9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Duties. This Agreement is not intended to, nor Non-Delegation of Constitutional or Statutory any participating entity from any obligation or responsibility shall it be construed as, relieving e extent of actual and timely performance thereof imposed upon the entity by taw except to th by any participating entity, in which case the perfo ton nor'shalll it be the obligation or responsibility. Further, this Agreement is not intended construed as, authorizing the delegation of the constitutional or statutory duties of the the Florida constitution, state statute, and case COUNTY, except to the extent permitted by law. 9.26 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-tl t e CONSULTANT and vice 0 the COUNTY agree rty claim or entitlement to or benefit of any rthat or program contemplated hereunder, an neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall hat any particular individual or have the authority to inform, counsel, or otherwiseentitlements tortbenefit under this Agreement group of individuals, entity or entities, have 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 agr ees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and aDrug-Free Workplace Statement. Signion of a ature of this Agreement by Cora es andNother flat ual act au it costs sus the pporting ng truth m negotiation certificate stating that wage t at the time LU the compensation pursuant to the Agreement are accurate, complete, and curren of contracting. The original contract price and any additions thereto shall be adjusted to c 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 or employee of Monroe County in his or her individual capacity, of any member, officer,agent 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 ca execution of this Agreement. I 17 Packet Pg. 50 C.1.b 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. 0 9.29 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 9.29.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with c 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 r addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program paredness Grant Program, Homeland legislation, which includes emergency Management Pre Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant y Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance c Program), the contractors must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt.3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier the subcontracts. The prime c bcontractor with all of the for ese c shall be ontract act c aus spliance by any E subcontractor or lower tier su I 18 Packet Pg. 51 C.1.b (3) Breach. A breach of the contract clauses above bcont actor as provided n 29 C.F Ry be grounds for termination of h§ contract,and for debarment as a contractor and s 5.12. fety Standards Act (40 U.S.C. 3701-3708).Where applicable, which 9.29.2 Contract Work Hours and Sa five agreement programs, all contracts awarded by the includes all FEMA grant and coopera COUNTY in excess of $100,000 that involve the employment of mechanics or laborers most c comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of W 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 2 contracts for transportation or transmission of intelligence. 9.29.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets theL. 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 re0arding the esearch substitution of parties, assignment or performance of experimental, developmental, 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. y 9.29.4 Clean Air Act (42 U S C 7401 7671g ) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387 . Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. y 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended— applies to Contracts and subgrants of amounts in excess of$150,000. 9.6 Debarment and Suspension Executive Orders 12549 and 12689 —A contract award (see 2 CFR LU 9.2 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., 2 p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, ies, as well as parties declared ineligible under suspended, or otherwise excluded by agenc statutory or regulatory authority other than Executive Order 12549. 9:29.6 Byrd Anti Lobbying Amendment (31 U.S.C. 13521—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. I 19 Packet Pg. 52 C.1.b 9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR & 200.322. .� CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the c 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, as amended (ADA) —The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Oblination - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321 (as set forth in detail below), applicable federal and state laws and -- regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of .2 race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. & 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority-businesses,women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 20 Packet Pg. 53 C.1.b (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. -� 9.29.11 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing c services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.29.12 Access to Records: Contractor/Consultant and their successors,transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security(DHS)and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint 2 investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely,complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.29.13 DHS Deal Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 9.29.14 Changes to Contract: The Contractor understands and agrees that any cost resulting from a Change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and 5 Contractor. 9.30 FDEM requirement LU 9.30.1 If any portion of this agreement is funded by the Florida Department of Emergency Management.The CONTRACTOR will be bound by the terms and conditions of the Federally 12 - Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management(Division). 0 9.30.2 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement,to the extent allowed and required by law. The Remainder of this Page Intentionally Left Blank 21 Packet Pg. 54 C.1.b IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized r tive on the day and year first above written. BOARD OF COUNTY COMMISSIONERS $ t: MADOK, Clerk OF MONROE COUNTY, FLORIDA c . � 8 By: ° rk Mayor/Ch rma ` Ati^' wv+ hq, ST C VN Date: aA�L'� (S I) CONTRACTOR Att st: BY: BY: Ashli N. onzalez Title: ' C�' Y Sit lr. Titla tSSN ... EXPIRES:February 4,20 ►; , Bonded Thru Aaron Notary y END OF AGREEMENT MONROE COUNTY ATTORNEY P 0 DAST FO CHRISTINE LIMBERT-BARROWS ASSISTANT C TTORNEY DATE: I 0 0 rrl r-- C.D r'r -n rn OD U 22 Packet Pg. 55 ATTACHMENT A SCOPE OF WORK AND PRICING The Respondent awarded a contract shall provide the Federal Emergency Management Agency (FEMA) 0 Program Consulting Services described herein.These services include, but are not limited to: -General FEMA Program, including but not limited to the Public Assistance program, Sheltering and Temporary Essential Power(STEP), Hazard Mitigation Grant Program (HMGP), grant management advice and assistance, insurance advice and assistance, procurement advice and assistance, Assistance with development and ongoing activities with a team of County employees to manage the FEMA Public Assistance process, and other eligible FEMA programs as needed by the County Assistance with preparation of correspondence to State of Florida and FEMA when required, • Advice as to eligibility of expenses, Assistance in meeting deadlines imposed by FEMA and the State of Florida for documentation, appeals, completion of work, etc., Review of current County policies and assistance with development and documentation of new County policies to ensure compliance with FEMA and State of Florida requirements and guidelines, • Assistance with hazard mitigation proposals, alternate projects, and improved projects to protect y the County's interests, • Assistance with preparation of large and small project worksheets, so that scope of work is accurate W and comprehensive, estimates are accurate, expenses are eligible and documented, and that y projects are categorized as small or large in a manner that ensures prompt and sufficient reimbursement to the County, • Assistance with dispute resolution and appeals, • Periodic reports to management as to status of FEMA Public Assistance process and progress and status and progress other FEMA programs that the County may become eligible for post disaster, 75 Assistance with project final inspections, closeout, and audits, and Other related activities as requested by the County. 0 0 23 Packet Pg. 56 C.1.b Para Hancock From: Cuneo-Julie <Cuneo-Julie@MonroeCounty-FL.Gov> Sent: Monday, September 23, 2019 12:54 PM To: Pam Hancock Cc: Limbert-Christine Subject: RE: CDR Maguire f'Vic ��q o� pale 7-1 The first column is the base rate. The second column is the fully loaded rate. Both are described at the bottom of the table. I can see,though,where the column headings are missing that had this, but the asterisks. Sorry about that. Julie E. Cuneo Management and Business Services Administrator `V Office of Management& Budget, Purchasing, Grants Administration 1100 Simonton Street 2-213 Key West, FL 33040 305.292.4460 Stop 1 www.monroecountV-fl.gov U Board of County Commissioners Monroe County, Florida "The Florida Keys" From: Pam Hancock<phancock@monroe-clerk.com> Sent: Monday, September 23, 2019 12:50 PM To: Cuneo-Julie<Cuneo-Julie@MonroeCounty-FL.Gov> Cc: Limbert-Christine<Limbert-Christine@MonroeCounty-FL.Gov> Subject:CDR Maguire 0 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Hi Julie, Attached is a copy of the agreement with CDR. Can you please advise what the two columns represent on page 24? U Thanks. 1 Packet Pg. 57 C.1.b Pricing $ 225.00 $ 265.00 Project Exec 175.00 EOC Support $ 135.00 $ 0 Project Manager $ 165.00 $ 205.00 -$ 220.00 $ 260.00 SME $ 150.00 $ 190.00 Client Liaison 195.00 Assistant Project Manager $ 155.00 $ $ 145.00 $ 185.00 Sr. Grants Specialist Grants Specialist $ 125.00 $ 165.00 $ 135.00 $ 175.00 Hazard Mitigation Specialist 155.00 Environmental Specialist $ 115.00. $ Data Analyst $ 100.00 $ 140.00 $ 100.00 $ 140.00 11- Site Inspector S $ 210.00 $ 250.00 r. Engineer $ 160.00 $ 200.00 Mid Engineer Jr. Engineer $ 100.00 $ 140.00 Sr.Architect $ 210.00 $ 250.00 Mid Architect $ 160.00 $ 200.00 $ 100.00 $ 140.00 Jr.Architect Construction Mgr. $ 135.00 $ 175.00 GIS Specialist $ 100.00 $ 140.00 � in $ 40.00 $ 40.00 Adm 75 base hourly rate does not include ,out-of-pocket'costs, such as travel, lodging, meals, 0 supplies, etc. ** Included in"fully loaded" hourly rate: lodging, per diem, and overhead 0 These rates will be held firm for the first three years through August 31,2022. For each additional year,the rates will increase to match the Consumer Price Index(CPI),with a cap at three(3)percent annually. 0 CJ .E CJ 24 Packet Pg. 58 y C.1.b RESPONSE FORM .� RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET c KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) 1, 2, 3, 4 I have included • Response Form X • Lobbying and Conflict of Interest Clause X • Non-Collusion Affidavit _ CX • Drug Free Workplace Form X • Public Entity Crime Statement X • Monroe County occupational license and relevant City occupational licenses are required to be obtained within ten days of award of the contract X 1 have included a current copy of the following professional and occupational licenses: Florida Certificate of Status and Florida Professional Engineering License. (Check mark items above, as reminder that they are included) Mailing Address: P.O. Box 771750 Telephone: (786)235-8534. Miami, FL 33177 (786 235-8501 Fax: ) Date: 7/26119 Signed:_ 44Witness: lO"✓Y- A- _ Andre Quart Corporate Seal: } G41/r� ' (Print Name) Sr Vir.P. President 1 President, Emergency Management Division �'� ;Er_ =' (Title) STATE OF: Colorado COUNTY OF: Boulder Subscribed and sworn to(or affirmed) before me on -7 (date) by Andre Quart (name of affiant). He/She is personally known to 2 me E or has produced Drivers License (type of identification) as identificati P, NOTARY PUBLIC My Commission Expires: 12-12-21 AUSA ANN V RIAAMS NOTARY PUSUC STAT>_=OF CC;LORADO Nat-ARY ID 2017405M 39 LIY COMMISSION EXPIRES I1£CEWER 12,2021 Packet Pg. 59 C.1.b CERTIFICATE OF CORPORATE AUTHORITY At a duly authorized meeting of the Board of Directors of CDR MAGUIRE INC. 0 (Name of Corporation) held on FEBRUARY 20,2019it was VOTED that: (Date) ANDRE A. DUART SENIOR VICE PRESIDENT (Name) (Title) of this corporation, be and hereby is authorized to submit bids and proposals, execute contracts, deeds and bonds in the name and behalf ofisaid corporation, and affix its corporate seal thereto, and such execution of any contract or obligation in this corporation's name on its behalf of such SENIOR VICE PRESIDENT under seal of the corporation, shall be valid and binding upon this (Title) corporation. A TRUE COPY, 0 ATTEST: KATRINA KERR TITLE: SECRETARY PLACE OF BUSINESS: 16267 SW 157 AVENUE,MIAMI,FL 33187 JULY 24, 2019 I hereby certify that I am the Clerk of CDR MAGUIRE INC. and that ANDRE A. DUART 1 (Corporation) (Name) is duly elected SENIOR VICE PRESIDENT of said corporation,and that,the above vote has not been amended or rescinded and remains in full force and effect as of the date of this Certification. GUIr� (Clerk CORPORATE SEAL: CJ Packet Pg. 60 State of Florida Departmentof StateU) 0 I cent' frorii:the�rec.o ds of tks office that CDR MAGU E INC.is,a Delaware lfy , corp oration:autho _zed to transact vusiness in.the State,%of F lohda, qualified can December 1f, 1971. CN The documeni nuniborl pf this,e-prporatien is 827186. I further certify that said ebt-pration l as paid all fees due this office Oirough December..:31. 2Q19,that its,most rege I,annual reportJunifoim'business°report was filed.on February 11;.2Q 19, and that its status is adive. I further certify,to said corporation has not,filed.a Certificate of Wittidrawal. y Oven.under#zy,hand mid a, GreraiSeasl of'steSfaite:ofFlorida ajTolAdiascee� the Capital,I&S lite.,Tiveuo,fourgi day ofJ , .a©10 oSecretar f'St to Trackin i4oiber:05it349606GII To authenticate this.certificate visit'the,foliDwing.siie,enter this number,and'then 10now the-instruct1 dos.4iv iayed. https:!lservices:sunbiz:org/FilfngslCertificate,gistatuslcertiffaatehuthenticatian Packet Pg. 61 l w a a01 Jape Ms 00) al gins 0 a0I 43 aW0 a l ` mn :4u9wLpe44 s3 - - 04 to v a m V tC CIO 70 t Z O r � � f E w u I _ I u D ul Z F— _ J OC i� Qc o W > W ZQ Z Z w. <C V Q'' {� o6 c o W o ' JCI LLJ LL C� 71 a.; W " „p u LL �c w o W O Q w o F- O z > ul > W z a u w w a O F" > a A� u W i ar ��o LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA 0 ETHICS CLAUSE CDR Maguire. Inc. (Company) N "...warrants that he/it has not employed, retained or otherwise had act on his/her 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: 7/26/19 STATE OF: Colorado COUNTY OF: Boulder Subscribed and sworn to (or affirmed) before me on 7/26/19 0 (date) by Andre Quart (name of affiant). He/She is personally LU known to me or has produced Drivers License (type of identification) as identification. 0 RY PUBLIC A1JSA ANN WITLIAMS My Commission Expires: 12-12-21 NOTARY PUBLIC STATE OF COLOR 1'30iARY ID 2017405M Lly C0 4i5Sl0N EX !RES DECE VEER 12,2021 40 Packet;Pg. 63' C.1.b NON-COLLUSION AFFIDAVIT I, Andre Quart of the city of Boulder according to law on my oath, and under penalty of perjury, depose and say that 0 1. 1 am Sr.Vice President I President, Emergency Management Division of the firm of CDR Maguire, Inc. the bidder.making the Proposal for the project described in the Request for Proposals for FEMA Program Consulting Services-Monroe County. FL 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 le 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; -- 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ) (Signature) Date: 7/26/19 STATE OF: Colorado COUNTY OF: Boulder 2 0 Subscribed and sworn to (or affirmed) before me on (date) by Andre Duart (name of affiant). He/She is personally 'S known to me or has produced Drivers License (type of identification) as identification. ,ALISAr..0MUMS NOTARY PUBLIC NOTARY PUBUC STAT='-'OF Ot3L'0RAC30 My Commission Expires: 12-12-21 NOTARY ID 2017405M MY COW..ASSION EXPIRES DECEMBER 1Z 2021 41 Packet Pg. 64 y C.1.b DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: CDR Maguire, Inc. ) (Name of Business) 0 1. Publish 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. Inform employees about the dangers of drug abuse in the workplace, the business' 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), notify 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 polo contenderre 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. Impose 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. Make 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 that this firm co lies f y wit above requirements. (Signature) Date: 7/26/19 LU L 0 STATE OF: Colorado COUNTY OF: Boulder o Subscribed and sworn to (or affirmed) before me on 7/26/19 (date) by Andre Duart (name of affiant). He/She is personally known to me or has produced Drivers License (type of identification) as identification. AUSA Fu`JA11dYH.ilA&RS N07ARY PUBLIC � I OTARY PUBUC My Commission Expires: 12/12/21 STATE OF Ct2l.( RADO NOTARY(D 2DI7435 MY C&WiSSION EXPMS DEC ER 12 2021 42 Packet Pg. 65 C.1.b 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 0 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 fro the date of being placed on the convicted vendor list." have read the above and state that neither CDR Maguire, Inc. (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: 7/26/19 STATE OF: Colorado y COUNTY OF: Boulder 2 Subscribed and sworn to (or affirmed) before me on (date) by CDR Maguire, Inc. (name of affiant). He/She is personally known to me or has produced Drivers License (type of identification) as ca identification. 0 `USA MN MUMS wmmt rPUauc NOTARY PUBLIC SLATE OF COLORADO NOTARY 10201744%%6 My Commission Expires: 12-12-21 SAY COV4MISSION EXPRES DEC ER 12,2OM21 m 43 Packet Pg. 66 Respondent's Insulrance and Indemnification Statement Insurance Reauirement Reauired Limits Worker's Compensation Statutory Limits 0 Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $5,000,000 Combined Single Limit Vehicle Liability $5,000,000 Combined Single Limit per Occurrence/$5,000,000 Aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier,their officers, employees, servants or agents. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity y in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. LU The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR 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. .5 RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the ontract and will comply in full with all the requirements. CDR Maguire, Inc. Respondent Signature 44 Packet;Pg. 67 C.1.b fl F Minority Owned Business Declaration c CDR Maguire, Inc, a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) cv is a minority business enterprise, as defined in Section 288.703, Florida Statutes or I X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see 2- below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic, or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification 0 in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and y whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if y the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a . parent of such children or the spouse of such parent residing in the same house or living unit. ) CD F.S 288.703(6)"Small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 y million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor Sub-Recipient: Monroe County Signature Signature Print Name: Andre Duart Printed Name: Title: President of EM I Sr. VP Title/OMB Department: 6 Verified via: https://osd.dms.myflorida.com/directories Address: PO BOX 771750 DEM Contract: Z0002 City/State/Zip: Miami, FL 33177 Date:08.26.2019 FEMA Project Number: Packet Pg. 68 C.1.b ACC?R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/18/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTPRODUCER NAME: Bobbi Redman Alliant Insurance Services, Inc PHONE FAX 0 1200 Brickell Avenue, Suite 1800 Af0 No): Miami FL 92101 ADDRESS: bobbi.redman@alliant.com INSURERS AFFORDING COVERAGE NAIC# _ INSURER A:Berkley Assurance Company 39462 r9 r INSURED INSURERS:First Liberty Insurance Corporation 33588 CDR Maguire, Inc. INSURERC:Liberty Insurance Corporation 42404 PO Box 771750 � Miami, FL 33177 INSURERD:Liberty Mutual Fire Ins.Co. 23035 CV INSURER E INSURER F: Z COVERAGES CERTIFICATE NUMBER:646104637 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP L. LTR TYPE OF.INSURANCE INSD WVD POLICYNUMBER MMIDDIYYYY MMIDDIYYYY LIMITS 0 B X COMMERCIAL GENERAL LIABILITY Y Y TB6-Z51-292191-029 3/1/2019 3/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE FxI OCCUR DAMPREMISESAGE TOEa RENTEo D ccurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 cu POLICY[X]jEO F�ij LOC CD PRODUCTS-COMP/OP AGG $2,000,000 CD OTHER: S W B AUTOMOBILE LIABILITY Y Y AS6-Z51-292191-039 311/2019 3/1/2020 COMBINED SINGLE LIMIT $1,000,000 N Ea accident 0) IX ANY AUTO BODILY INJURY(Per person) S U OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS ONLY AUTOS 0) HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident S C X UMBRELLA LIAB X OCCUR Y Y TH7-Z51-292191-059 311/2019 3/1/2020 EACH OCCURRENCE S5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTIONS S 0 p WORKERS COMPENSATION Y WC2-Z51-292191-019 311/2019 3/1/2020 X (STATUTE EERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE FRN] N/A E.L.EACH ACCIDENT $1,000.000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 LLI If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 Im A Professional Liability PCAB-5008100-0319 311/2019 3/1/2020 Each Claim $1.000,000 Pollution Liability Aggregate $2,000,000 SIR $150,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County FEMA Program Consulting Services (, Umbrella is excess of General Liability and Auto Liability. Certificate Holder is additional insured. APP [J $ A�ENrt ai BY •�� ' f�A Ed WANEi� ! tts CERTIFICATE HOLDER CANCELLATION CJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet'Pg. 69 C.1.b NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium,we will notify the persons or organizations shown in the Schedule below.We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any,before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. 0 B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. r9 CD Schedule Name Email Address or mailing address: Number Days Notice: Where required by contract 60 2- 0 m le 0 0 All other terms and conditions of this policy remain unchanged. 0 CJ Issued by Liberty Mutual Fire Ins.Co. For attachment to Policy No. WC2-Z51-2921 91-01 8 Effective Date 3/1/2018 Premium$ ns Issued to CDR Maguire,Inc. IX CJ WM 90 180611 ©2011, Liberty Mutual Group.All Rights Reserved. Page 1 of 1 Ed.0610112011 ns Packet Pg. 70 C.1.b Policy Number TB6-Z51-292191-028 Issued by First Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: 0 BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART r� GARAGE COVERAGE PART r TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART st 0 Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: le Organization(s): Where required by contract 60 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or CD organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no y event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. 0 All other terms and conditions of this policy remain unchanged. 0 CJ ai CJ LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet'Pg. 71 y C.1.b Policy Number AS6-Z51-292191-038 Issued by First Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: 0 BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART' st 0 Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: le Organizations : Where required by contract 60 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or CD organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no y event does the notice to the third party exceed the notice to the first named insured. 0 CJ B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the LU policy. 0 All other terms and conditions of this policy remain unchanged. 0 CJ U LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet'Pg. 72