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Item O7 0.7 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: 0.7 Agenda Item Summary #11821 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 Not Applicable AGENDA ITEM WORDING: Approval to enter into a $150,000 Task Order 42 to the contract with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under the Category C on-call Resilience and Environmental Engineering Services contract to develop a Natural Resources Adaptation Plan, funded 50%by DEP Grant 22PLN67 and 50%by budgeted funds. ITEM BACKGROUND: This item is to approve entering into a $150,000 Task Order 42 to the contract with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) for on-call professional engineering services for Category C resilience and environmental services to develop a Natural Resources Adaptation Plan. DEP Grant 22PLN67 funds 50% and the other 50% is funded with budgeted funds. Grant 22PLN67 was approved at the February 15, 2023 BOCC meeting. The southeast Florida region, including Monroe County, has long been recognized as an area that is critically vulnerable to climate-related hazards. Coastal resources that provide an important first line of defense continue to be lost or reduced in size, thus further exposing people and property to coastal hazards. Interest is growing in the protective role that coastal nature-based measures or projects (or green infrastructure), such as reefs and wetlands, can play in adapting to these risk. A lack of quantitative information on relative costs and benefits is one principal factor limiting their application on a broader scale. The County has not had the opportunity to complete a Natural Resource Adaptation Plan, and given the environmental sensitivity of areas throughout Monroe County, this will be a key element of the County's resiliency strategy. This project will develop a Natural Resources Adaptation Plan that includes a cost-benefit methodology and analysis that will 1) identify specific actions, and 2)provide an understanding of what those actions will cost to better inform the county, state, and federal partners of what natural resource adaptation strategies will look like. PREVIOUS RELEVANT BOCC ACTION: Packet Pg. 3918 0.7 08-18-21: Approval to advertise on call professional engineering services for the resilience and canal restoration programs, including Category A - Canal Master Plan Program Planning Services, Category B -Canal Infrastructure Engineering Services for Projects and Category C - Resilience/ Environmental Engineering Services. 03-16-22: Approval to enter into negotiations in rank order with one or more of the respondents for on-call professional engineering services for the Category C - Resilience and Environmental Engineering Services. 05/18/22: Approval to enter into a $0 contract with Wood Environment& Infrastructure Solutions, Inc. for on-call professional engineering services for the Category C - Resilience and Environmental Engineering Services. 11/15/22: Approval to enter into a $0 Amendment No. 1 to the contract with Wood Environment& Infrastructure Solutions, Inc. for on-call professional engineering services for the Category C - Resilience and Environmental Engineering Services for a name change to WSP USA Environment & Infrastructure Inc.; retroactive to September 26, 2022. 11/15/22: Approval to enter into a $200,000 Task Order 41 to the contract with WSP USA Environment& Infrastructure Solutions, Inc. (formerly Wood)under the Category C on-call Resilience and Environmental Engineering Services contract for the Harry Harris park resilient redesign funded 50%by DEP Grant 22FRP64 and 50%by budgeted funds. 02/15/23: Approval to accept planning grant 22PLN67 for $75,000 from the Florida Department of Environmental Protection to develop a Natural Resources Adaptation Plan and update the County's Vulnerability Assessment per Florida Statutes; a $75,000 match is included. CONTRACT/AGREEMENT CHANGES: Task order 42 STAFF RECOMMENDATION: Approval. DOCUMENTATION: COI for Category C Task ORder 42 -Natural Resource Planning Category C On-Call - Wood - Fully Executed FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: March 31, 2024 Value of Task Order 42: $150,000 Total Cost to County: $75,000 Current Year Portion: $100,000 Total Dollar Value of Contract: $350,000. Budgeted: Yes Source of Funds: $75,000 DEP grant DEP Grant 22PLN67 Packet Pg. 3919 0.7 $75,000 Sustainability budgeted funds CPI: Yes Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: Yes. Additional Details: 03/15/23 001-06000 GRANTS $75,000.00 03/15/23 001-05008 SUSTAINABILITY $75,000.00 Total: $150,000.00 REVIEWED BY: Rhonda Haag Completed 03/03/2023 12:28 PM Cynthia Hall Completed 03/07/2023 2:16 PM Purchasing Completed 03/07/2023 2:28 PM Budget and Finance Completed 03/07/2023 3:36 PM Brian Bradley Completed 03/07/2023 3:56 PM Lindsey Ballard Completed 03/07/2023 4:21 PM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg. 3920 ETO ACCORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX 300 Madison Avenue, 28th Floor A/C No Ext: 212-994-7100 A/c,No):212-994-7047 New York NY 10017 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:BR-724491 INSURERA:Zurich American Insurance Company 16535 INSURED WSPGLOB-01 0 INSURER B: Liberty Insurance Corporation 42404 WSP USA Environment& Infrastructure Inc. 1075 Big Shanty Rd. Suite 100 INSURERC: Kennesaw, GA 30144 INSURER : O U) INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:280389227 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM �1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y GLO 9835819-09 9/21/2022 5/1/2023 EACH OCCURRENCE $3,500,000 CLAIMS-MADE � OCCUR DAMAGE TO RENTED 0PREMISES Ea occurrence $100,000 MED EXP(Any one person) $10,000 (� PERSONAL&ADV INJURY $3,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $7,500,000 X POLICYEl jE LOC PRODUCTS-COMP/OP AGG $3,500,000 OTHER: $ B AUTOMOBILE LIABILITY Y AS7-621-094060-032 9/21/2022 5/1/2023 COMBINED SINGLE LIMIT $5,000,000 Ea accident O X ANY AUTO BODILY INJURY(Per person) $ �y OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS � HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ LU EXCESS LAB CLAIMS-MADE AGGREGATE $ (� DED RETENTION$ $ B WORKERS COMPENSATION WA7-62D-094060-012 9/21/2022 5/1/2023 X PER OE AND EMPLOYERS'LIABILITY Y/N WA7-62D-094060-982 9/21/2022 5/1/2023 STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ WA7-62D-095609-072 9/21/2022 5/1/2023 E.L.EACH ACCIDENT $2,000,000 B OFFICE R/M EMBER EXCLUDED? N N/A` WC7-621-094060-912 9/21/2022 5/1/2023 L) (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 L) L_ O DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION RE: Project Description: Category C Resilience and Environmental Engineering Services, Project Number:600837.County is included as Additional Insured U with respect to the General Liability and Automobile Liability policies as required by written agreement, pursuant to and subject to the policy's terms,definition Conditions and exclusions. APPROVED BY RISK MANAGEMEI BY DATE 10/27/!621" O WAIVER NIA YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC PO Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth GA 30096 -- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 3921 FDA�TE 0.7.a ACORD® CERTIFICATE OF LIABILITY INSURANCE 10/26/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AJG Service Team Arthur J. Gallagher Risk Management Services, Inc PHONE FAX 300 Madison Avenue A/C No Ext: 212-981-2485 A/C,No:212-994-7074 28th Floor ADDE-MRESS: GGB.WSPUS.CertRequests@ajg.com New York NY 10017 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: QBE Specialty Insurance Company 11515 CL INSURED WSPGLOB-01 U) INSURER B WSP USA Environment and Infrastructure Inc. f/k/a Wood Environment& Infrastructure Solutions INSURERC: 1075 Big Shanty Rd. Suite 100 INSURER : U) Kennesaw GA 30144 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1283195556 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM �1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ (� PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY JE� LOC PRODUCTS-COMP/OP AGG $ OTHER: $ L) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ �y OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS � HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ LU EXCESS LAB CLAIMS-MADE AGGREGATE $ (� DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER 0 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A L) (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A ProfessionalLiability QPL0022630 11/1/2022 10/31/2023 Per Claim $1,000,000 CLAIMS-MADE Aggregate $3,000,000 ' M L) O DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION RE: Project Description: Category C Resilience and Environmental Engineering Services, Project Number:600837. U APPROVED BY RISK MANAGEME� BY.. .w ." DATE 10/27/7.022 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC PO Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth GA 30096 -- @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 3922 ETO ACCORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX 300 Madison Avenue, 28th Floor A/C No Ext: 212-994-7100 A/c,No):212-994-7047 New York NY 10017 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Steadfast Insurance Company 26387 INSURED WSPGLOB-01 0) INSURER B WSP USA Environment& Infrastructure Inc. 1075 Big Shanty Rd. Suite 100 INSURERC: Kennesaw, GA 30144 INSURER : U) INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:304001797 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM �1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ (� PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY PE� LOC PRODUCTS-COMP/OP AGG $ OTHER: $ f) AUTOMOBILE LIABILITY COMBINED S INGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ �y OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS � HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ LU EXCESS LAB CLAIMS-MADE AGGREGATE $ (� DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER 0 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution Liability CPL484627900 9/21/2022 11/1/2022 Per Claim/Aggregate $5,000,000 CLAIMS MADEA f) O DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION RE: Project Description: Category C Resilience and Environmental Engineering Services, Project Number:600837. APPROVED BY RISK MANAGEMEN" L) BY M r DATE 10/27/2022 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC PO Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth GA 30096 -- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 3923 0.7.a Gallagher Insurance I Risk Management I Consulting Octca'd it 12, 2022 To VVIf'ticaim It May Concern: CIL U) W II1 puirchased Wood E mAircainirnein't& Ilinfira tiructu ire Solutions, Inc. can pt irra'd it 21, 2022. As Ir airt of tlh � acquisition, Wood EmAircainirnein't& linfirastiructuire Solutions, Inc. rneirged Into W IF1 L.J A E mAircainirneint& Ilnfira tiructuir , 0 Inc. U) Enclosed is a ceirtificate d irnon tiratin co\,eirage. IFliro-fessionall cowairages that wire cuirr nt now, but wiii expire Nmernbeir 1, 2022 and will! Ibe it n w d at that CN nitres If their theire wire any questions cair concerns, plea contact Gallagher Immediately. 0 -119 U) iaird , 'L S o vvLvi&er U Ked Soirnirneir Aire Assistant Vice Fliresident Gallagher U Enclosure U c:: Biridget Montague, W III, ridget.Mcanta ue . s ecorn U 0 U 0 U ca Packet P 9. 3924 f If ff 1 ff f 0.7.b TASK ORDER #2 FOR CATEGORY C ON-CALL PROFESSIONAL ENGINEERING SERVICES FOR ENVIRONMENTAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND U) WSP USA ENVIRONMENT & INFRASTRUCTURE INC. FOR 0 NATURAL RESOURCES ADAPTATION PLAN IN MONROE COUNTY, FLORIDA This Task Order #2 is entered into on this 22nd day of March 2023, in accordance with Z the Continuing Contract for On-Call Professional Environmental Engineering Services � made and entered on the 18th day of May 2022, Amendment No.1 dated November 15tn 2022, between Monroe County, hereinafter referred to as the "County" and WSP USA Environment & Infrastructure, Inc. hereinafter referred to as "Consultant" where design 0 services are allowed if construction costs do not exceed $4,000,000. -119 All terms and conditions of the referenced Contract for On-Call Professional Engineering Services apply to the Task Order unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the � modification shall be precisely described. 0 WITNESSETH U WHEREAS, the southeast Florida region, including Monroe County, has long been recognized as an area that is critically vulnerable to climate-related hazards. Coastal resources that provide an important first line of defense continue to be lost or reduced in size, thus further exposing people and property to coastal hazards. Interest is growing in the protective role that coastal nature-based measures or projects (or green 0 infrastructure), such as reefs and wetlands, can play in adapting to these risks; and WHEREAS, a lack of quantitative information on relative costs and benefits is one principal factor limiting their application on a broader scale.; and c� WHEREAS, the County has not had the opportunity to complete a Natural Resource Adaptation Plan, and given the environmental sensitivity of areas throughout Monroe County, this will be a key element of the County's resiliency strategy; and WHEREAS, This project will develop a Natural Resources Adaptation Plan that includes a cost-benefit methodology and analysis that will 1) identify specific actions, and 2) provide an understanding of what those actions will cost to better inform the County, state, and federal partners of what natural resource adaptation strategies will look like; and WHEREAS, the budget is $150,000 with 50% funds being provided by the Florida Department of Environmental Protection (FDEP) Resilient Florida Program to protect our inland waterways, coastlines, and shores, which serve as invaluable natural defenses against sea level rise.; and c� Packet Pg. 3925 0.7.b NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Consultant agree as follows: ARTICLE 1.1 TERMS OF AGREEMENT: This Task Order is effective on March 22, 2023 and shall expire on March 31, 2024. ARTICLE II SCOPE OF BASIC SERVICES, PARAGRAPH 2.1.1 IS AMENDED AS FOLLOWS: Task 1: Review Best Practices and Determine Approach The Consultant will review and research the adaptation plan and update case studies to identify natural resource adaptations and approaches for the cost-benefit analysis, 0 -119 adaptation plan (AP) and vulnerability assessment (VA). The Consultant is conducting a cost-benefit analysis for the project to identify nature-based project costs and benefits. Deliverables: The Consultant will provide the following electronically: 1) Memorandum outlining the approach as well as results of research into cost-benefit analyses for U nature-based solutions and best practices for natural resource resiliency. it Task 2: Agency Coordination U Cb The Consultant will organize meetings with all local, state, and federal agencies needed to complete the AP, specifically those with management responsibility for natural resources. Agencies to be coordinated with may include but be not limited to Florida Keys National Marine Sanctuary, U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, and Florida Department of Environmental Protection. This 0 task will include a kick-off meeting followed by up to four additional in-person or virtual meetings. Deliverables: The Consultant will provide the following electronically: 1) agency coordination contact lists, including the name of the primary contact within each agency, 2) meeting agendas to include location, date, and time of meetings; 3) meeting sign-in 0 sheets or virtual attendance records with attendee names and affiliation (i.e. local stakeholders, resident, meeting members, local government staff); 4) a copy of the presentation(s) and any materials created in preparation of or for distribution at the meetings (i.e. social media posts, public announcements, graphics), as applicable; 5) a copy of the file or weblink of the video or audio recording from the meetings, if applicable; and 6) summary reports including attendee input and outcomes for each meeting, including but not limited to identified agency-based datasets of relevance and agency concerns. Task 3: Public Outreach Meetings The Consultant will conduct public coordination meetings to present the results of the adaptation plan. Specifically, the purpose of the second meeting is to allow the public and other agencies to provide community-specific input on the results of the analyses and to consider methodologies and assumptions used in the analysis for refinement. Additionally, during this meeting, the Consultant will conduct exercises to encourage the Packet Pg. 3926 0.7.b public/stakeholders to prioritize focus areas of flooding, and the natural resource critical assets in preparation for the development of adaptation strategies and project development. Criteria should be established to guide the public's input for the selection of focus areas. The Consultant will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. U) Deliverables: The Consultant will provide the following electronically: 1) meeting agendas to include location, date, and time of the meeting; 2) meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholders, residents, local government staff; 3) a copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable; 4) a copy of the file or weblink of the video or audio recording from the meeting, if applicable; and 5) a summary report including attendee input and meeting outcomes, to include defining focus areas recommended by the community. 0 -119 U) Task 4: Adaptation Plan with Cost-Benefit Analysis The Consultant will complete an adaptation plan that is consistent with the Florida Adaptation Planning Guidebook and includes the following: assessment of adaptive U capacities, prioritization of adaptation needs, and identification of adaptation strategies. it The AP will also include a list of prioritized projects for consideration and implementation as well as a cost-benefit analysis. U Cb Deliverables: The Consultant will provide the final Adaptation Plan submitted electronically. U Article VII. Paragraph 7.1.1 is amended to include the following: The Consultant shall be paid One Hundred and Fifty Dollars and Zero cents ($150,000.00) on a lump sum basis for the services described above. TASK DESCRIPTION COST DUE DATE Task 1 Review Best Practices and Determine the Approach $30,000 03/31/2024 Task 2 Agency Coordination $44,000 03/31/2024 0 U) Task 3 Public Outreach Meetings $24,000 03/31/2024 Task 4 Adaptation Plan with Cost-Benefit Analysis $52,000 03/31/2024 TOTAL LUMP SUM $150,000 N All work must be performed in accordance with the attached grant agreement 22PLN67. -ldc U) c� Packet Pg. 3927 0.7.b IN WITNESS WHEREOF, each party caused the Task Order #2 to be executed by its duly authorized representative. CONSULTANT: WITNESS: WSP USA ENVIRONMENT & INFRASTRUCTURE INC. W ,�"�,r leer �....,- � f 03/01/2023 i 03/01/2023 Signature Date Signature Date N Assistant Vice President, Civil Engineer- FL Civil Design Team Lead -119 Title U) (SEAL) BOARD OF COUNTY COMMISSIONERS U ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA it U Cb By: by: Mayor/Chairman As Deputy Clerk ccu a Date: c� 0 U) Approved as to form and legal sufficiency: Monroe County Attorney's Office 3-7-2023 c� Packet Pg. 3928 .7.b STATE OF FLORIDA ttachiirne t DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Natural Resources Adaptation Plan 22PLN67 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) Tallahassee,Florida 32399-3000 0 Grantee Name: Monroe County Entity Type: Local Government W ra Grantee Address: 500 Whitehead Street,Key West, Florida 33040 FEID: 59-6000749 (Grantee) cu 3.Agreement Begin Date: Date of Expiration: 7/1/2021 6/30/2024 4. Project Number: Project Location(s): J Monroe County,Florida (If d�erent from Agreement Number) 0 -119 Project Description: The project will update the 2015 Vulnerability Assessment pursuant to Section 380.093,Florida U) Statutes for Monroe County and develop a Natural Resources Adaptation Plan. CL 5. Total Amount of Funding: Funding Source? Award 4s or Line Item Appropriations: Amount per Source(s) $75,000.00 0 State ❑Federal FY21-22 GAA 1707A $ 75,000.00 ❑ State ❑Federal $ � 0 Grantee Match $ 75,000.00 00 Total Amount of Funding+Grantee Match,if any: $ 150,000.00 Zo 6. Department's Grant Manager Grantee's Grant Manager Name: George Frisby Name: Rhonda Hagg or successor or successor Address: Resilient Florida Program Address: Monroe County U 2600 Blair Stone Road,MS235 1100 Simonton Street,Gato Bldg,2nd Floor a Tallahassee,Florida 32399 Key West,FL 33040 Phone: 850-245-8332 Phone: 305-395-9928 Email: George.Frisby@FloridaDEP.gov Email: haag-rhonda@monroecounty-f.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: c� 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions U) 0 Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements 0 Attachment 5: Special Audit Requirements 0 Attachment 6:Program-Specific Requirements N ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at https://facts.fldfs.com,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): 0 0 Exhibit A:Progress Report Form -ldc ldc ❑ Exhibit B:Property Reporting Form M 0 Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements E ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 0 Additional Exhibits(if necessary):Exhibit F:Final Report Form,Exhibit G:Photographer Release Form,Exhibit H:Contractual Services Certification,Exhibit 1: Vulnerability Assessment Compliance Checklist Certification DEP Agreement No. 22PLN67 Packet Pg. 3929 0.7.b 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Numbers (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A CL IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the U) last date signed below,whichever is later. 0 Monroe County GRANTEE By (Authorized Signature) Date Signed c14 Roman Gastesi,County Administrator a� Print Name and Title of Person Signing 0 -119 U) M State of Florida Department of Environmental Protection DEPARTMENT CL By Secretary or Designee Date Signed � Alex Reed,Director of the Office of Resilience and Coastal Protection it Print Name and Title of Person Signing U 0 Additional signatures attached on separate page. w t3 C CL c� 0 U) N U) c� DEP Agreement No. 22PLN67 Packet Pg. 3930 ORCP Additional Signatures DEP Grant Manager,George Frisby 0 U) DEP QC Reviewer, Jeremy Jimenez Z CN Grantee may add additional signatures below, if needed. 0 -119 U) U 0 U W U 0 CL 0 U) Z C14 0 -ldc U) E Packet Pg. 3931 0.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS U) 0 ATTACHMENT 1 0 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. C14 a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement 0 ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant -119 U) Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal, and other written communication among the parties,including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected it' by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. U c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name Cb and contact information of the new Grant Manager will be submitted in writing to the other party and maintained W in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. t3 d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the 0 following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. U) A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. � e. All days in this Agreement are calendar days unless otherwise specified. O 3. Agreement Duration. � The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless M extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of12 Rev. 11/14/2022 Packet Pg. 3932 O.7.b 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department CL making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 2 5. Performance Measures. 0 The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the 0 kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, Z if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate C14 or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at 0 the time of delivery. � 6. Acceptance of Deliverables. M a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. U b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant it' Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or U activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated zsr invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made W acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's t3 failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 0 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction U) If Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be Z submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from � receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to M obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 11/14/2022 Packet Pg. 3933 O.7.b require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to CL Department as requested by Department's Grant Manager. U) iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the 2 performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). Z b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, C14 however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials.The Grantee 0 shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this -119 U) Agreement. M c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an CL amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs U upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. it% Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for 0y reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the U following web address: �s h((as://www.na floridacfo.corn/l:division/AA/Maraaac ls/docant�er�(s/R.ef`erenceGtiidefor` i,c IeE: Mendi(LEL 2df. W ............. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and t3 post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. O f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of 0 deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all CL work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is U) contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. Z i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www lIl.,vflorida(,fo.(,oni/r)iv siora/A.A/Vendors/defatill_h(m. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled O under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds ldc U) and the Department is required to refund the federal government, the Grantee shall refund the Department its M share of those funds. ; 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev. 11/14/2022 Packet Pg. 3934 0.7.b a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. � b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect,and/or general and administrative rates) U) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates 2 supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of 0 written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, Z and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers C14 charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased 0 for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and -119 U) Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee M shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase CL of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may U award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the it' work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request U for Proposals, or other similar competitive procurement document) resulting in the fixed-price Cb subcontract.The Grantee may request approval from Department to award a fixed-price subcontract W resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price t3 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of a Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's O approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. CL d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing U) $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department ldc U) shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil M or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4 of 12 Rev. 11/14/2022 Packet Pg. 3935 O.7.b Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. U) The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, 2 Progress Report Form, to Department's Grant Manager describing the work performed during the reporting 0 period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. CN The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions. 0 Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval -119 U) of all deliverables. M b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall CL forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform U that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe it% stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided U Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing Cb procedures under this Agreement. w 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees t3 and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to 0 make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the CL Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of U) any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any Z reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. � 13. Termination. M a. Termination for Convenience. When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. Attachment 1 5of12 Rev. 11/14/2022 Packet Pg. 3936 0.7.b b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had CL been issued for the convenience of Department.The rights and remedies of Department in this clause are in U) addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination 0 unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, C14 or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. 0 e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided -119 U) under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition M of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative CL obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. t3 14. Notice of Default. it% If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of 0 the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting t3 the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will Cb be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default w notice. 15. Events of Default. t3 Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- C exclusive list of events,acts,or omissions,shall constitute events of default: 0 a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; CL b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities,individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the ldc U) specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate M assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6 of 12 Rev. 11/14/2022 Packet Pg. 3937 O.7.b iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. 0 Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. C14 The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the 0 foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of � any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first CL arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT U TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or U inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If Cs performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after W the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department t3 may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to O and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: U) i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee ra shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; Z ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably � withheld. M c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev. 11/14/2022 Packet Pg. 3938 0.7.b d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, C implication or suggestion to the contrary is null and void. 19. Limitation of Liability. U) The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount 2 no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in 0 compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 0 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to Z other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due C14 Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute 0 or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise -119 U) of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible U for including this provision in all subcontracts with private organizations issued as a result of this Agreement. it% b. Pursuant to Sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list U following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract zsr to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a W contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded t3 or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount 0 provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a CL public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, U) supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not Z submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal,or reply on any contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. ldc U) iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or M consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. Attachment 1 8of12 Rev. 11/14/2022 Packet Pg. 3939 O.7.b 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. U) The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. 2 b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be 0 excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be C14 responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. 0 This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local � Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the U following provisions: it' a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, 0 from the initial melting stage through the application of coatings,occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured U product was manufactured in the United States; and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for O the construction material occurred in the United States. 0 The Buy America preference only applies to articles,materials,and supplies that are consumed in,incorporated into,or affixed to an infrastructure project.As such,it does not apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable 0 chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 0 U) 25. Scrutinized Companies. 0 a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to 'a Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee O is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with .ldc Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or M engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section Attachment 1 9of12 Rev. 11/14/2022 Packet Pg. 3940 0.7.b 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. C 27. Record Keeping. CL The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The 2 Department,the State,or their authorized representatives shall have access to such records for audit purposes during 0 the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial Z records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such C14 records for the longer of. (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State (available at: hCt eneral records schedules 0 28. Audits. � a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the M inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this CL duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect t3 work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; t3 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in Cb performance of any work pursuant to this Agreement; and, w iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal t3 requirements pursuant to this Agreement. a c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment O 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) CL identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether U) the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the W form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: I;((i s.\\auu:�s.Ildl`s.con�\I`saa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to CN the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty � (30)days of such request. M e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. Attachment 1 10 of 12 Rev. 11/14/2022 Packet Pg. 3941 0.7.b i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of CL money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the 2 original payment(s) are received from Department by Grantee to the date repayment is made by 0 Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. C14 iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. 0 The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any � manner or degree with the performance of services required. M 30. Independent Contractor. CL The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed t3 solely by Grantee. it% b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For 0y cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. t3 c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee Cb employee, subcontractor,or agent. w d. The Department's actions under paragraphs b.or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any t3 subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under C any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred O under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities CL afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. U) g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery Z schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. � 33. Survival. � The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Attachment 1 11 of 12 Rev. 11/14/2022 Packet Pg. 3942 O.7.b Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions U) are severable to that void provision,and shall remain in full force and effect. 2 36. Grantee's Employees,Subcontractors and Agents. 0 All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained 0 technicians who meet or exceed any specified training qualifications.Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. C14 The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable forperformance of the Agreement,unless Department expressly 0 waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its � intent to do so. M 38. Compensation Report If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for t3 the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash it% equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. 0y The Grantee must also inform the Department of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or c) Federal allocations to the Grantee. rsr 39. Execution in Counterparts and Authority to Sign. W This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the t3 Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have C the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly 0 authorized to do so and to bind the respective party to the Agreement. CL c� 0 U) c14 U) c� Attachment 1 12 of 12 Rev. 11/14/2022 Packet Pg. 3943 0.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22PLN67 U) 0 ATTACHMENT 2 0 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Natural Resources Adaptation Plan.The Project is defined in more detail in Attachment 3,Grant Work Plan. � 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement. 0 b. Extensions.There are extensions available for this Project. -119 c. Service Periods.Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this U Agreement as described in Attachment 3. it' b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. U 4. Cost Eligible for Reimbursement or Matching Requirements. rsr Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following W budget categories,as defined in the Reference Guide for State Expenditures,as indicated: U Reimbursement Match Category ❑ ❑ Salaries/Wages 0 Overhead/Indirect/General and Administrative Costs: 0 ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. CL © © Contractual(Subcontractors) 0 ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment 0 U) ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. C14 No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. U) 7. Match Requirements The Agreement requires at least a 50%match on the part of the Grantee. Therefore,the Grantee is responsible for providing$75,000 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made on July 1,2021 or after for purposes of meeting its a match requirement as identified above. Attachment 2 1 of 3 Rev.10/3/2022 Packet Pg. 3944 0.7.b Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services) provided during the period covered by each request.The final payment will not be processed until the match requirement has been met. 8. Insurance Requirements U) Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance 2 coverage of such types and with such terms and limits described below. The limits of coverage under each policy 0 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the 0 Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. 1 The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each 0 occurrence and$500,000 policy aggregate. � b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as U follows: it' $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. t3 The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer zsr liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 W policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. t? 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. c� 11. Subcontracting. 0 The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. CN 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier—firm/person/corporation that as a regular business transports people of commodities from place to place. If applicable,Contractor must also fill out and E return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.111(1)(a),Florida Statutes,the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 2of3 Rev.10/3/2022 Packet Pg. 3945 O.7.b b. Applicable to solicitations for a common carrier—Before contract execution,the winning Contractor(s) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States CL according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The U) Department will terminate a contract immediately if Contractor is found to be in violation of the law or the 2 attestation in PUR 1808 0 U) 15. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings)to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s).The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). 0 Sea Level Impact Projection Study Requirement.If the project is within the designated area,pursuant to Section 119 U) 161.551,F.S. and Chapter 625-7,Florida Administrative Code,the Grantee is responsible for performing a Sea Level Impact Projection(SLIP)study and submitting the resulting report to the Department.The SLIP study report must be received by the Department,approved by the Department,and be published on the Department's website for at least thirty (30)days before construction can commence.This rule went into effect July 1,2021,and applies to certain state-funded construction projects located in the coastal building zone as defined in the rule. U 0 U U c� 0 U) N -199 U) c� Attachment 2 3of3 Rev.10/3/2022 Packet Pg. 3946 0.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22PLN67 U) c� ATTACHMENT 3 0 U) PROJECT TITLE: Monroe County Natural Resources Adaptation Plan PROJECT LOCATION: The Project is located in Monroe County, Florida. Z PROJECT DESCRIPTION: c14 Monroe County (Grantee)will complete the Monroe County Natural Resources Adaptation Plan (Project) to update the 2015 Vulnerability Assessment(VA)pursuant to Section 380.093,Florida Statutes(F.S.)and develop a Natural Resources Adaptation Plan (AP). The Grantee will coordinate with local, state, and 0 federal agencies on species management issues during development of the AP. U) TASKS AND DELIVERABLES: Task 1: Review Best Practices and Determine Approach U Description: The Grantee will develop a report to identify natural resource adaptations and approaches by 0 conducting a review of the 2015 VA for cost-benefit analysis and to identify key local, state, and federal agencies for coordination efforts. U Deliverables: The Grantee will provide the following: 1) a final report (in one PDF document) outlining the approach and results of the 2015 VA research, including the cost-benefit analyses for nature-based U solutions and best practices for natural resource resilience; and 2) a copy of all correspondence with local, a state, and federal agencies, compiled into one PDF document. Task 2: A2ency Coordination Description: The Grantee will organize meetings with all local, state, and federal agencies necessary to complete the AP. Agencies responsible for the management of natural resources will be targeted; and include, but are not limited to, the following: Florida Keys National Marine Sanctuary, U.S. Fish and U) Wildlife Service, Florida Fish and Wildlife Conservation Commission, and Florida Department of W ra Environmental Protection. This Grantee will host a kick-off meeting followed by up to four(4) additional meetings(held either in person or virtually).The Grantee will prepare all social media notifications,meeting invitations,meeting materials,presentations, and graphics utilized during the meeting, as applicable. cN Deliverables: The Grantee will provide the following: 1) list of agencies necessary to complete the AP, to as include the name of the primary contact within each agency; 2) meeting agendas to include location, date, and time of meetings; 3) meeting sign-in sheets or virual attendance records with attendee names and affiliation (i.e. local stakeholders, resident, meeting member, local government staff); 4) a copy of the presentation(s) and any materials created in preparation of or for distribution at the meetings (i.e. social 4, media posts,public announcements, graphics), as applicable; 5) a copy of the file or weblink of the video or audio recording from the meetings, if applicable; and 6) summary reports including attendee input and outcomes for each meeting, including but not limited to identified agency-based datasets of relevance and agency concerns. DEP Agreement No.:22PLN67 Page 1 of 3 Rev.2.11.22 Packet Pg. 3947 0.7.b Task 3: Public Outreach Meetines CL Description: The Grantee will conduct public coordination meetings to present the results from the updated U) AP. The purpose of the meetings are to allow the public and other agencies to provide community-specific 2 input on the results of the analyses and to reconsider methodologies and assumptions used in the analysis 0 for refinement. Additionally, during this meeting, the Grantee will conduct exercises to encourage the 0 public/stakeholders to prioritize focus areas of flooding, and the critical assets in preparation for the W development of adaptation strategies and project development. Criteria should be established to guide the public's input for the selection of focus areas. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as CN applicable. Deliverables: The Grantee will provide the following: 1) meeting agendas to include location, date, and 0 time of meeting; 2) meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholders, U) residents, local government staff, 3) a copy of the presentation(s) and any materials created in preparation CL of or for distribution at the meeting(i.e. social media posts,public announcements,graphics),as applicable; 4) a copy of the file or weblink of the video or audio recording from the meeting, if applicable; and 5) a summary report including attendee input and meeting outcomes, to include defining focus areas U recommended by the community. 0 cm 0 Task 4: Adaptation Plan with Cost-Benefit Analysis U t3 Description: The Grantee will complete an AP that is consistent with the Florida Adaptation Planning Guidebook and includes the following:assessment of adaptive capacities,prioritization of adaptation needs, tM identification of adaptation strategies, and a cost-benefit analysis. The AP will also include a list of prioritized projects for each asset class as defined in subsection 380.093(2), F.S., for consideration and 0 implementation. Deliverables: The Grantee will provide the final AP. L PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee 0 must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,to include any work being performed by any subcontractor(s). Upon review and written acceptance by the Department's Grant Manager of deliverables under the task, the Grantee may proceed with payment request submittal. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding cu Amount(s)paid to Grantee in proportion to the percentage of the deliverable(s)not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and DEP Agreement No.:22PLN67 Page 2 of 3 Rev.2.11.22 Packet Pg. 3948 0.7.b Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than quarterly and must be made using Exhibit A, detailing all work progress made during that payment request period,and Exhibit C. Upon the Department's receipt of Exhibit A and C,along with all supporting fiscal documentation and deliverables,the Department's Grant Manager will have ten(10)working days to CL U) review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables U) received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager,with the details of the request and the reason for the request made clear. z N Task Budget DEP Match Total Task Start Task Due No. Task Title Category Amount Amount Amount Date Date Review Best Practices Contractual 0 1 and Determine Approach Services $15 000 $15 000 $30 000 7/1/2021 3/31/2024 ctu2 Agency Coordination CSery cesal $22,000 $22,000 $44,000 7/l/2021 3/31/2024 Public Outreach Contractual 3 Meetings Services $12 000 $12 000 $24 000 7/1/2021 3/31/2024 � 0 Adaptation Plan with Contractual 4 Cost-Benefit Analysis Services $26,000 $26,000 $52,000 7/l/2021 3/31/2024 U Total: $75,000 $75,000 $150,000 U CL c� 0 U) cN U) c� DEP Agreement No.:22PLN67 Page 3 of 3 Rev.2.11.22 Packet Pg. 3949 0.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the U) Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable. c14 For the purposes of this paragraph,the term"contract"means the "Agreement." If Grantee is a"contractor"as defined in section 119.070l(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. 0 b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be U) inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. U d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements it are not disclosed except as authorized by law for the duration of the contract term and following completion of the 0 contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor U or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor U keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data E formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. a� f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Z Email: Li llic.servicesC )t"Iloridad �).,ov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 E Attachment 4 1ofl Rev.4/27/2018 Packet Pg. 3950 O.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) U) c� Attachment 5 0 U) The administration of resources awarded by the Department of Environmental Protection(which may he referred to 0 as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he ra referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, 0 on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental CL Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. 0 AUDITS PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 O 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all L sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in 0 accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. Z 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit C14 conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources O obtained from other federal entities. U) 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the 9= internetathla:�s://sur�.xov/consent/��sistanc€ listinxs. E c� Attachment 5 1 of 7 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 3951 O.7.b PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. CL 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the 2 recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 0 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received Z from the Department of Environmental Protection, other state agencies, and other nonstate entities. State C14 financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 0 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the -119 U) audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a M financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local CL governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending L June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, it% Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial 0y assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost U of such an audit must be paid from the recipient's resources obtained from other than State entities). rsr 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at lalt::t s://are�:�s.fldfs.com/fsaa for assistance. In addition to the t3 above websites, the following websites may be accessed for information: Legislature's Website at a h(t;;:�://www lc tcl;;(c I1 a�� cicorllc/mdex;clrt State of Florida's website at I�.tu:�://www.myfJorida.com/, O Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud cn/. °� CL PART III: OTHER AUDIT REQUIREMENTS c� (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity U) that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for Z funding the full cost of such additional audits.) c14 PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by � or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 M and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of7 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 3952 0.7.b By Mail: Federal Audit Clearinghouse Bureau of the Census CL 1201 East 10th Street U) 0 Jeffersonville,IN 47132 2 0 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hlt:p:)://h rvest:er.census.;ov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: 1 A. The Department of Environmental Protection at one of the following addresses: 0 By Mail: -119 U) Audit Director M Florida Department of Environmental Protection CL Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 U Electronically: EI LESh! d n.sta(e.I1.us U B. The Auditor General's Office at the following address: rsr Auditor General Local Government Audits/342 t3 Claude Pepper Building,Room 401 I I I West Madison Street 0 Tallahassee,Florida 32399-1450 The Auditor General's website(lalt�:�://flaadil:or. v../)provides instructions for filing an � electronic copy of a financial reporting package. a� c� 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following U) addresses: By Mail: Audit Director Florida Department of Environmental Protection Z Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: EI LESh! d n.sta(e.I1.us � U) 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of7 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 3953 0.7.b 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations),Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the CL reporting package. U) c� 0 PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental C14 Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. 0 -119 U) CL 0 U U CL c� 0 U) N U) c� Attachment 5 4of7 BGS-DEP 55-215 revised 11/8/2022 Packet Pg. 3954 - Z#JOPAO ){s - 0 Aar Il muO) Buluueld aoinoseajean - Z#a s :4u8w' V Lo a Lo r• M Lo G. bfbf N � o o � w w o Z o � O � � O U 7z v� o j �� �� U U r •� by � a� � O r+ Qj Qj GJ IZII L�7 15 O o c o F� u w N `° `° on cnoIn o y � Q o a � ^� Wa 0a Wa Wa q� - Z#JOPAO MS BI dSM- 0 AJOBOWD 'Bu3 lleD-uO) Buluueld aoinosea jejnWN - Z#J8PMO )lsBl. :4u8w'VB44V to Lo Lo G. J4 o t U, E 1cO bo rD tj rl, CZ o w ri o Q bp bp CIA 7;z C-1 z t o li u QD Qj Qj bp C, z Qj bp bf QJ bp bp Qj Qj Qj Qj QJ Qj Qj mt u Qj :j 0 Qj Qj Qj z 0.7.b \ S \ / \ CL S 2 R : § \ � / \ � \ � \ ° CL \ � co \ x \ u R ± CL / o \ \ U \ � 6 � � c o � � 9 7 7 5 2 t c \ / \ m ( \ 5 2 \ ° \ / \ \ \ 7 # ƒ � \ ¥ m / ® / ) E \ y 2 )\ Packet P$ 3957 O.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM-SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM U) c� ATTACHMENT 6 0 U) 1. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, 0 state,or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal, state,or local laws. Further,the Grantee shall abide by all terms and conditions of each applicable Z permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and 1 approved permits for the project. 2. Ineligibility. If the Grantee fails to perform in accordance with the terms and conditions set forth in this 0 Agreement;Attachment 3 (Grant Work Plan),and all other applicable attachments and exhibits,the Grantee � shall be ineligible to be considered for funding under the Resilient Florida Program for two (2)consecutive funding cycles. The Department shall make its determination of ineligibility within thirty (30) days of this Agreement's end date and notify the Grantee in writing if determined ineligible. If the failure to perform in accordance with the terms and conditions set forth in this Agreement is due to the Grantee's contractor or subcontractor(s), then the Grantee should submit that documentation in writing to the Department's Grant U Manager. 0 3. Additional Documentation for Contractual Costs.In addition to the documentation requirements in paragraph cj 11 of Attachment 2 (Subcontracting), and in paragraph 9.c. of Attachment 1 (Contractual Costs (Subcontractors)), Grantee shall provide the following for all subcontractual agreements that the Grantee W executes for this project: U a. A valid link or documentation that outlines their entity's procurement processes as required in 0 Attachment 1,paragraph 9.c;and 0 b. A certification statement signed by the Grantee's designated grant manager indicating the procurement process that was utilized per their entities' policies and procedures for all subcontractors. The certification must include a listing of all subcontractor quotes/bids amounts, along with the company L name,address,and the details of how and why they made their determinations for those subcontractors that were selected and utilized for this Agreement. 0 U) 4. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act,also known as"508 Compliant,"in all formats provided. 5. Copyright. Patent and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. U) M 6. Grant funds may not be used to support ongoing efforts to comply with legal requirements,including permit conditions,mitigation,and settlement agreements. a� 7. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings(unless otherwise required under the special terms of this Agreement),Grantee agrees to include the Department's logo(which Rev.2.11.22 Attachment 6 Page 1 of 2 Packet Pg. 3958 0.7.b can be found on the Department's website at:hI;I.. s:///fly ..:,ov or by contacting the Grant Manager for a copy)on all publications,printed reports,maps,audiovisuals(including videos,slides, and websites), and similar materials,as well as the following language: 2 CL "This work was funded in part through a grant agreement from the Florida Department of Environmental 0 Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not U) necessarily reflect the views of the State of Florida or any of its subagencies." W r The next printed line must identify the month and year of the publication. 8. Final Project Report.The Grantee shall submit Exhibit F,Final Project Report Form,prior to requesting final c14 payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. 0 0 -119 U) CL 0 0 0 U U 0 CL c� 0 U) 0 N U) c� Rev.2.11.22 Attachment 6 Page 2 of 2 Packet Pg. 3959 0.7.b DEPARTMENT OF ENVIRONMENTAL PROTECTION Resilient Florida Program Progress Report Form - U) Exhibit A 0 U) DEP Agreement No.: 22PLN677 Project Title: Monroe County Natural Resources Adaptation Plan Grantee Name: Monroe County Grantee Address: Grantee's Grant Manager: Tele hone No.: Reporting Period: MM/DD/YYYY—MM/DD/YYYY a� INSTRUCTIONS: Provide the following information for all tasks and deliverables identified in Attachment 3, Grant Work Plan: Description of the work performed during the reporting period, -119 U) problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting period, and percentage of the work that has been completed to date. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: UU Task 1: 0, Progress for this reporting period: Identify any delays or problems encountered: U Percentage of task completed: w Task 2: Progress for this reporting period: Identify any delays or problems encountered: 0 Percentage of task completed: .S Task 3: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: 0 a� Task 4: Progress for this reporting period: Identify any delays or problems encountered: z Percentage of task completed: N This report is submitted in accordance with the reporting requirements of the above DEP Agreement No. and accurately reflects the activities associated with the project. -ldc U) Signature of Grantee's Grant Manager(or successor) Date c� Exhibit A,DEP Agreement#:22PLN67 loft 11/17/2021 Packet Pg. 3960 0.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C U) PAYMENT REQUEST SUMMARY FORM 0 The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant 0 agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. nts 0 -119 U) U 0 U U CL c� 0 U) N U) c� Exhibit C,Page 1 of 1 Rev. 12/02/19 Packet Pg. 3961 O.7.b EXHIBIT F DEP AGREEMENT NO.22PLN67 U) MONROE COUNTY NATURAL RESOURCES ADAPTATION PLAN 0 U) Monroe County Final Project Report 0 -119 U) CL U it' If T U CL Insert Month&Year c� 0 U) cN This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. -ldc U) The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and M do not necessarily reflect the views of the State of Florida or any of its subagencies. c� Exhibit F,DEP Agreement#22PLN67 Page 1 5/12/2022 Packet Pg. 3962 0.7.b Part L Executive Summary CL Part IL Methodology U) 0 c� 0 Part III.Outcome Include evaluation ofproject's ability to meet goals and expected performance measures and provide explanation for why goals were not met, if applicable.Identify successful outcomes, areas for improvement, and quantifiable metrics as a result of the project. c14 Part IV.Further Recommendations 10 0 -119 U) CL 0 0 0) U U 0 Instructions for completing Attachment F Final Project Report Form: CL DEP AGREEMENT NO.:This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. 0 0 PROJECT TITLE:Enter the title shown on the first page of the grant agreement. MONTH&YEAR:Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement.Please limit the final project report to no more than five(5)pages.One electronic copy shall be submitted 0 to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. O U) Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, M identified in paragraph 18 of this agreement. a� c� Exhibit F,DEP Agreement#22PLN67 Page 2 5/12/2022 Packet Pg. 3963 0.7.b )EPAP, Florida Department of Environmental Protection 4yC1 F�' w° EXHIBIT G � � /� PHOTOGRAPHER RELEASE FORM 1'NTAE p� FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 22PLN67 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS 0 Owner/Submitter's Name: Address: City: State: Zip: c14 Phone Number: ( ) Email: 0 License and Indemnification -119 U) I certify that I am the owner of the photograph(s),video(s),audio recording(s)and/or artwork(s)being submitted and am eighteen(18)years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith(the it% "Work")to promote the Florida Department of Environmental Protection.Uses may include,but are not limited to: 0 0 1. Promotion of FDEP (including,but limited to publications,websites, social media venues, advertisements, etc.); and U 2. Distribution to the media; and C 3. Use in commercial products. W The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever 0 for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights 0 or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. c� I hereby unconditionally release,hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in U) connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me,and my heirs,executors,administrators and assigns. I have read and understand the terms of this release. z , Owner signature: Date: Photo/video/audio/artwork/recording file name(s): U) Location of photo/video/audio M recording/artwork: Name of person accepting Work submission c� Exhibit G,DEP Agreement#: 22PLN67 11/19/2021 Page 1 of 1 Packet Pg. 3964 0.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION c� Exhibit H 0 U) 0 Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22PLN67 Project Title: Monroe County Natural Resources Adaptation Plan I Grantee: Monroe County 0 Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 0 1, Paragraph 9(c) and Attachment 2, Paragraph 11; a� 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the U company name and address for each subcontractor; a 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant t agreement; and 0 4. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant manager. c� By signing below, I certify that, on behalf of the Grantee, I have provided all the information 0 required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager U) currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non- Departmental policies and procedures for subcontractors. Z cN Grantee's Grant Manager Signature O U) Print Name cu Date c� Packet Pg. 3965 0.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION U) c� Exhibit I 0 U) Required for all planning grant agreements. DEP Agreement Number: 22PLN67 Monroe Count Natural Resources Adaptation Plan Project Title: Y P Grantee: Monroe County 0 -119 U) In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment(VA). The checklist must be completed and submitted with the final VA Report deliverable,pursuant to Attachment 3, Grant Work U Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida it Program webpage at the link below: �'S Clata... U .star]d ar.d ........................................................ Part 1—Subparagraph 380.093(3)(c)2.,F.S. U Page Reference a Item Check if Item Description in VA Report 0 ID Included 0 (if applicable) S Final Vulnerability Assessment Report that provides details on a ❑ the results and conclusions,including illustrations via maps and tables. All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department's GIS Data Standards U) and include the following three(3) items: b p Geospatial data in an electronic file format. c ❑ GIS metadata. List of critical assets for each jurisdiction including regionally significant assets, that are impacted by flooding and sea level CN d ❑ rise. The list must be prioritized by area or immediate need and must identify which flood scenarios)impacts each asset O Part 2—Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2.,F.S. ldc U) Page Reference Item Check if ID Included Item Description in VA Report (if applicable) e ® Peril of Flood Compliance Plan amendments developed that address paragraph 163.3178(2)(f), F.S.,if applicable. Exhibit I 1 of 3 Rev. 1/18/2023 Packet Pg. 3966 O.7.b ❑ Not applicable ❑ Already in compliance f ❑ Depth of tidal flooding, including future high tide flooding, using thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the U) g ❑ number of tidal flood days expected for each scenario and 2 planning horizon. (optional) 0 Depth of current and future storm surge flooding using publicly h ❑ available NOAA or FEMA storm surge data. (check one) ❑NOAA data ❑ FEMA data i ❑ Initial storm surge event equals or exceeds current 100-year flood event. Higher frequency storm analyzed for exposure of a critical asset. J ❑ (optional, but must provide additional detail if included To the extent practicable, rainfall-induced flooding was ,� k ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item e is not CL applicable) 1 ❑ Future boundary conditions have been modified to consider sea level rise and high tide conditions. (optional) U in ❑ Depth of rainfall-induced flooding for 100-year storm and 500- 0 year storm event. (required if item e is not applicable) a� To the extent practicable, compound flooding or the U n ❑ combination of tidal,storm surge,and rainfall-induced flooding. (optional) W Part 3—Subparagraph 380.093(3)(d)3.,F.S. U Item Check if Page Reference 0 ID Included Item Description in VA Report (if applicable) S o ❑ All analyses performed in North American Vertical Datum of 1988. Includes at least two local sea level rise scenarios, which must 2 p ❑ include the 2017 NOAA intermediate-low and intermediate- 0 high sea level rise prQjections. Includes at least two planning horizons, which must include q ❑ ears 2040 and 2070. ❑ Utilizes local sea level data that has been interpolated between r the two closest NOAA tide gauges. Local, publicly available, sea level data was taken from one of s ❑ the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (f so, provide Department approval). 0 U) c� Exhibit I 2 of 3 Rev. 1/18/2023 Packet Pg. 3967 O.7.b Identify all counties and municipalities that are included in this Vulnerability Assessment: U) 0 c� 0 U) 0 c14 0 U) U 0 0 0 U 0 a t3 r. 0 I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. 0 0 U) 0 Grantee's Grant Manager Signature Print Name � Date U) c� Exhibit I 3 of 3 Rev. 1/18/2023 Packet Pg. 3968 0.7.c AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY C RESILIENCE AND ENVIRONMENTAL ENGINEERING SERVICES BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. This Agreement ("Agreement") made and entered into this 18th day of May CN I 2022 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 205, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners 0 (`BOCC") and Wood Environment& Infrastructure Solutions, Inc. ("CONSULTANT"), whose U) address is 16250 NW 59th Ave., Suite 206, Miami Lakes FL 33014 its successors and assigns, hereinafter referred to as "CONSULTANT". WITNESSETH: U WHEREAS, COUNTY desires to employ the professional engineering services of 0 CONSULTANT for Category C Resilience and Environmental engineering services and related services located in Monroe County, Florida and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00, or study activity if the fee for t professional services for each individual study under the contract does not exceed$500,000, or for work 0 of a specified nature as outlined in the contract required by the agency, and a� WHEREAS,the professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, W with options for the County to renew for one additional 1 year period, and % 75 WHEREAS, specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions,and additional terms and conditions that are applicable to such Task Orders, and; U WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes the 0 COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task U Order, and; it WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except M to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described, and; c� NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: -1- Packet Pg. 3969 0.7.c ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES U) a� c� By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; c� 1.1.2 The CONSULTANT has become familiar with the potential Project sites and the local conditions under which the Work is to be completed. 0 -119 U) 1.1.3 In providing services under this Contract, the CONSULTANT shall perform its services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality.Upon notice to the CONSULTANT and by mutual agreement between U the parties, the CONSULTANT will, without additional compensation, correct those services not meeting such a standard U 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. w 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services 0 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 W terminate this contract immediately upon delivery of written notice of termination to the 5 CONSULTANT. 0 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent 0 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 U or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. O U 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, 0 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 U under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK -2- Packet Pg. 3970 0.7.E 2.1 The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. CONSULTANT shall provide the following Category C Resilience and Environmental Engineering and E related services at the request of the County: U) A. Comprehensive Resilience planning and infrastructure engineering services including but not limited to preparing grants, performing studies, climate change modeling, 0 engineering studies, engineering design services for resilience construction projects, W including design, surveying, drafting, preparing specifications and solicitation/contract ra documents, studies, hydraulic and hydrologic modeling, geotechnical investigations, permitting, assisting with review of contractor proposals or bids, comprehensive project management services, and construction engineering and inspection services. B. Homeowner/resident outreach services. Individual homeowner outreach is an important task under the County's resilience program, to provide homeowner notification of the -119 project, engage the homeowners, obtain approvals for access to residential lots for M resilience projects and/or temporary construction purposes and for long term placement 0- of equipment, and hosting neighborhood meetings to educate and engage what can be done to provide resilience at the individual level. C. Construction engineering and inspection (CEI) services are an important task. Full or part time CEI services shall be provided by qualified and approved personnel. U Cb D. Environmental Services. Provide comprehensive environmental engineering services a including but not limited to preparing grants, performing studies, engineering studies, engineering design services, surveying, drafting, geotechnical investigations for land and water based projects, environmental 0 assessments, sediment and water quality studies, sampling analysis and monitoring, permit preparation, preparing construction plans, specifications and solicitation / contract documents, assisting with review of Consultant proposals or bids, comprehensive project management services and construction engineering and inspection services,water W quality sampling and monitoring; benthic surveys and associated database; assess damage 75 after a disaster such as a hurricane, ship grounding, or oil spill; assess changes as a result of climate change; assess improvements as a result of improved stormwater and wastewater treatment projects, or other water quality improvement projects; identifying 0 data gaps or future needs; Geographic Information System mapping and geodatabase development; groundwater monitoring; vegetative surveys such as those used to obtain baseline data for identifying areas vulnerable to sea level rise, or for identifying areas that a should be preserved to offset vulnerable ecological communities; GIS inventories and 0 database of County properties that may be used but not limited to ecological restoration U or adaptability projects, including identification of hurricane debris staging and areas 0 consisting of transitional and upland habitat that may transition to coastal habitats as sea level rises; land use code review for consistency with adaptive management goals; Phase U I and II Environmental Site Assessments; remedial action plans; water quality studies; permitting for environmental projects; E c� 2.2 CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the Task Orders to be issued. CONSULTANT shall provide the scope of services in the -3- Packet Pg. 3971 0.7.c task orders for the COUNTY. CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONSULTANT shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. CONSULTANT shall provide services using the following standards, as a minimum requirement: 0- A. The CONSULTANT shall maintain adequate staffing levels to provide the services U) required under the Agreement resulting from the RFQ process. B. The personnel shall not be employees of or have any contractual relationship with the 0 COUNTY. To the extent that CONSULTANT uses subcontractors or independent W contractors, this Agreement specifically requires that subcontractors and independent ra contractors shall not be an employee of or have any contractual relationship with COUNTY. Z C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. -119 U) 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 sub-consultants, or both. 2.3 NOTICE REQUIREMENT a� All written correspondence to the COUNTY shall be dated and signed by an authorized representative U of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and a hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Rhonda Haag 0 Director of Sustainability and Projects Monroe County 102050 Overseas Highway, Room 246 X Key Largo, FL 33037 And: Mr. Roman Gastesi,Jr. Monroe County Administrator 0 1100 Simonton Street, Room 2-205 Key West, Florida 33040 U For the Consultant: Mr. Greg Corning U Florida Civil Design Team Lead it Wood Environmental and Infrastructure Solutions, Inc. 16250 NW 591h Ave., Suite 206 Miami Lakes FL 33014 2.4 TERM. This Agreement shall commence as of the Effective Date and shall run for a term of four(4) years unless otherwise terminated in accordance with the provisions of this Agreement. At the election of the COUNTY, this Agreement may be extended for one (1) additional year. -4- Packet Pg. 3972 0.7.c ARTICLE III ADDITIONAL SERVICES U) 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees 0 negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing z the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee C14 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 2 Additional Services. 0 ARTICLE IV COUNTY'S RESPONSIBILITIES U 4.1 The COUNTY shall provide full information regarding requirements for the Project including 0, physical location of work, county maintained roads, maps. U 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 U delay in the orderly and sequential progress of the CONSULTANT'S services. 0 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 X 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 0 CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its t sub-consultants 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 is documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, it fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has E immediate access to will be provided as requested. ARTICLE V -5- Packet Pg. 3973 0.7.c INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers F and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,recklessness, or intentional U) wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. U) a� 5.2 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the a� CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall � further defend any claims or action on the COUNTY'S behalf. 5.3 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. I 5.4 This indemnification shall survive the expiration or early termination of the Agreement. 0 a� ARTICLE VI U PERSONNEL U 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 X will perform those functions as indicated: NAME FUNCTION 0 Greg Corning Florida Civil Design Team Lead-Project Manager Ricardo Fraxedas Chief Engineer Christine Mehle Water& Infrastructure Service Line Lead U U So long as the individuals named above remain actively employed or retained by the CONSULTANT, 0 they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. U 6.2 FLORIDA STATUTES SECTION 448.095: E-VERIFY As required by Section 448.095, the CONSULTANT shall register and use the federal e-Verify system to ensure the work status of all employees hired on or after 1/1/2021. By entering into this Agreement, -6- Packet Pg. 3974 0.7.c the CONSULTANT confirms that it will comply with Section 448.095, and will register and use the e- Verify system, and that if the CONSULTANT enters into any agreements with subcontractors, the CONSULTANT will ensure that the subcontractor provides an affidavit to the CONSULTANT stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. This E Agreement is terminable by the COUNTY in accordance with the terms of F.S. 448.095 for violation of the statute and these provisions. U) c� ARTICLE VII COMPENSATION 7.1 PAYMENT SUM Z cN 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 0 -119 U) 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. Payment will be made pursuant to U the Local Government Prompt Payment Act, Section218.70,Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or W downward; U (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 5 support of expenses for which payment is sought at the COUNTY may require. 0 7.3 REIMBURSABLE EXPENSES 0 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: 0 a. Expenses of transportation submitted by CONSULTANT, in writing, and living U expenses in connection with travel authorized by the COUNTY, in writing,but only to the 0 extent and in the amounts authorized by Section 112.061,Florida Statutes; 2 U b. C o s t of reproducing maps or drawings or other materials used in performing the scope of services; and E E c� c. Postage and handling of reports. 7.4 BUDGET -7- Packet Pg. 3975 0.7.c 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 E 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 0 the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE CN 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include 0 the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to U) purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or U 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 2 sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said cu coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. W 8.3 CONSULTANT shall obtain and maintain the following policies: 0 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. c� B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 X Disease,policy limits, $1,000,000 Disease each employee. % 75 C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use 0 of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00)annual aggregate. 0 D. Commercial general liability, including Personal Injury Liability, covering claims for U injuries to members of the public or damage to property of others arising out of any 0 covered act or omission of the CONSULTANT or any of its employees, agents or 2 subcontractors or sub-consultants, including Premises and/or Operations, Products and is Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the -8- Packet Pg. 3976 0.7.c 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. F E. Professional liability insurance of One Million Dollars ($1,000,000.00)per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" U) policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida 0 Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. N G. CONSULTANT shall require its sub-consultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits � of insurance for sub-consultants. 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. 0 L If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will cu be required. In addition, the CONSULTANT may be required to submit updated financial U statements from the fund upon request from the COUNTY. C w ARTICLE IX U MISCELLANEOUS 9.1 SECTION HEADINGS as c� Section headings have been inserted in this Agreement as a matter of convenience of reference only, X 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 0 0 The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be cu reproduced and copied without acknowledgement or permission of the CONSULTANT. In the event U that COUNTY makes use of said documents on a project or projects not covered under this Contract, sa without CONSULTANT'S express written consent, such use shall be at the sole discretion,liability, and U risk of the COUNTY." it% 0 9.3 SUCCESSORS AND ASSIGNS U 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 E and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment < or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds -9- Packet Pg. 3977 0.7.c itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other parry. 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 parry. 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 (5) days written notification to the CONSULTANT. N B. Either of the parties hereto may cancel this Agreement without cause by giving the other parry as sixty (60) days written notice of its intention to do so. 0 -119 U) 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Agreement as a part of is this Agreement, including Attachment A Consultant Rates, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES W 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 s� not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided W in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the % 5 date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not 0 violate the Public Entity Crimes Act(Section 287.133,Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. O In addition to the foregoing, CONSULTANT further represents that there has been no determination, U based on an audit,that it or any sub-consultant has committed an act defined by Section 287.133, Florida 0 Statutes, as a "public entity crime" and that it has not been formally charged with committing an act 2 defined as a "public entity crime" regardless of the amount of money involved or whether is CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub-consultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. -10- Packet Pg. 3978 0.7.c 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. F 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, U) 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 0 during the term of the Agreement and for seven years following the termination of this Agreement. If an W auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 0 9.9 GOVERNING LAW,VENUE -119 U) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any 3: cause of action or administrative proceeding is instituted for the enforcement or interpretation of I this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the Sixteenth 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 U Procedure and usual and customary procedures required by the circuit court of Monroe County. C 9.10 SEVERABILITY ti 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 X be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the % remaining terms, covenants, conditions and provisions of this Agreement would prevent the U_ accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree 'a to reform the Agreement to replace any stricken provision with a valid provision that comes as close 0 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 U proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this it Agreement,the prevailing parry shall be entitled to reasonable attorney's fees, court costs,investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's U fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. a� 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. -ll- Packet Pg. 3979 0.7.c 9.13 AUTHORITY Each parry 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. U) c� 9.14 CLAIMS FOR FEDERAL OR STATE AID 0 U) 0 CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and W obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each parry prior to submission. cN 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be 0 -119 resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 0 a� 9.16 COOPERATION U In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Agreement, COUNTY and CONSULTANT agree U to participate,to the extent required by the other parry, in all proceedings,hearings,processes,meetings, and other activities related to the substance of this Agreement or provision of the services under this 0 Agreement. COUNTY and CONSULTANT specifically agree that no parry to this Agreement shall be 2 required to enter into any arbitration proceedings related to this Agreement. a� X 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination 0 has occurred, this Agreement automatically terminates without any further action on the part of any 3: parry, effective the date of the court order. CONSULTANT agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include t but are not limited to: O 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment is on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment it of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug a abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the -12- Packet Pg. 3980 O.7.c Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 0 U) During the performance of this Agreement,the CONSULTANT, in accordance with Equal Employment 0 Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by ra Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R.Part 200, Appendix 11,¶C, agrees as follows: (a)The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The � Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of U pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (b) The CONSULTANT will, in all solicitations or advertisements for employees placed by or U on behalf of the Consultant, state that all qualified applicants will receive consideration for employment a without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (c) The CONSULTANT will not discharge or in any other manner discriminate against any �? employee or applicant for employment because such employee or applicant has inquired about, 0 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 W have access to such information, unless such disclosure is in response to a formal complaint or charge, % 75 in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONSULTANT's legal duty to furnish information. (d) The CONSULTANT will send to each labor union or representative of workers with which 0 it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies a of the notice in conspicuous places available to employees and applicants for employment. o e The CONSULTANT will comply with all provisions of Executive Order 11246 of September U O PY P P � 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 0 (f) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or U 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, E regulations, and orders. (g) In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any of such rules,regulations, or orders,this contract may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible for further -13- Packet Pg. 3981 0.7.c Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. F (g) The CONSULTANT will include the portion of the sentence immediately preceding sub- 0- paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order U) unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each 0 subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or W purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 0 9.18 COVENANT OF NO INTEREST -119 U) CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. U 9.19 CODE OF ETHICS a� COUNTY agrees that officers and employees of the COUNTY recognize and will be required to U comply with the standards of conduct for public officers and employees as delineated in Section a 112.313,Florida Statutes,regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or t contractual relationship; and disclosure or use of certain information. 0 9.20 NO SOLICITATION/PAYMENT c� The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor X 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, U_ individual, or firm, other than a bona fide employee working solely for it, any fee, commission, 'a percentage, gift, or other consideration contingent upon or resulting from the award or making of this 0 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. O U 0 9.21 PUBLIC RECORDS COMPLIANCE. U 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, Florida Statutes, and made or received by the County and Consultant in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Consultant. Failure of the Consultant to abide by the -14- Packet Pg. 3982 0.7.c 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. E The Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. 0 Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the � County. M (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 3: the service. If the Consultant transfers all public records to the County upon completion of the contract, U the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the U County's custodian of records, in a format that is compatible with the information technology systems a of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to �? the County, but if the County does not possess the requested records, the County shall immediately s� notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. c� If the Contractor does not comply with the County's request for records, the County shall enforce the " public records contract provisions in accordance with the contract, notwithstanding the County's option % 75 and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. 0 Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. U IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY U TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. -15- Packet Pg. 3983 0.7.c 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 F 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 U) into by the COUNTY be required to contain any provision for waiver. 0 U) 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. � U) 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entityfrom any obligation or responsibility nimposed upon � the entity by law except to the extent of actual and timely performance thereof by any participating 0 entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of U the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. U 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the X CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority W to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or 75 entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 0 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION U CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. U Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation it certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the c� Agreement. 9.27 NO PERSONAL LIABILITY -16- Packet Pg. 3984 0.7.c No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS U) c� This Agreement may be executed in any number of counterparts, each of which shall be regarded as 0 an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.39 PURSUANT TO SECTION 5 5 8.003 5, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY -19 LIABLE FOR NEGLIGENCE. Section 32. INDEPENDENT CONTRACTOR. U At all times and for all purposes hereunder,the CONSULTANT is an independent contractor and not an 0 employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants or agents U to be employees of the Board of County Commissioners for Monroe County. As an independent C Consultant the CONSULTANT shall provide independent, professional judgment and comply with all W federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be to provided. Section 33. COMPLETENESS OF WORK. c� The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, X supporting data,and other documents prepared or compiled under its obligation for this project,and shall W correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the 75 work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the 0 CONSULTANT. This provision shall not apply to any maps, official records, contracts, or other data 3: that may be provided by the COUNTY or other public or semi-public agencies. U The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays or a hindrances attributable to the COUNTY during the progress of any portion of the services specified in U this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an it extension of time for a reasonable period for the CONSULTANT to complete the work schedule. Such an agreement shall be made between the parties. Section 34. FEDERAL REQUIRED CONTRACT PROVISIONS The CONSULTANT and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as amended, including but not limited to: -17- Packet Pg. 3985 O.7.c 34.1 Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387) as amended. Consultant 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 E Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act(42 U.S.C. §§7401- 7671q.) and the Federal Water Pollution Control Act(33 U.S.C. §§1251-1387), as amended, applies to U) Contracts and subgrants of amounts in excess of$150,000. 0 U) 34.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program 0 legislation, which includes emergency Management Preparedness Grant Program, Homeland Security ra Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141- 3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at � a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon U the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and U Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement a programs, including the Public Assistance Program), the contractors must also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations �? (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole 0 or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subreci lent is prohibited from inducing, b an means an person employed in the construction, P P g� Y Y � YP 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 W awarding agency. % 75 a. The Consultant 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. 0 b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor a shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these o contract clauses. UU C. Breach. A breach of the contract clauses above may be grounds for termination of the 0 contract, and for debarment as a Consultant and subcontractor as provided in 29 C.F.R. § 5.12. U 34.3. Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the E COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work -18- Packet Pg. 3986 O.7.c week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, E hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of U) intelligence. 0 U) 34.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the 0 definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to ra enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. � 34.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR LO 180.220)must not be made to parties listed on the government wide exclusions in the System for Award 3: Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive U Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p. 23 5),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. U 34.7 Byrd Anti-Lobbying Amendment(31 U.S.C. §1352). Consultants 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 0 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 W disclosures are forwarded from tier to tier up to the non-Federal award. % 5 34.8 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed 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 a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of 0 the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste U management services in a manner that maximizes energy and resource recovery; and establishing an 0 affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the Consultant shall make maximum use of products U containing recovered materials that are EPA-designated items unless the product cannot be acquired; (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) E Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline- cpg-program. -19- Packet Pg. 3987 O.7.c 34.9 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 E 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 U) 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 0 produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such W 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). 0 (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (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 3: the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or U controlled by, or otherwise connected to, the government of a covered foreign country. 0 34.10 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, U acquisition, or use of goods, products, or materials produced in the United States (including but not a 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: 0 (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, W aggregates such as concrete; glass, including optical fiber; and lumber. % 75 OTHER FEDERAL AND FEMA REQUIREMENTS (if applicable) 0 34.11 Americans with Disabilities Act of 1990 (ADA), as amended. The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 0 34.12 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the UU COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to 0 participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take E all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race,color,national origin or sex in the award and performance of contracts,entered pursuant -20- Packet Pg. 3988 O.7.c to this Agreement. 34.13 2 C.F.R. §200.321 - CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS: a. If the CONSULTANT,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. 0 b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; � iv. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of U Commerce. vi. Requiring the Prime Consultant, if subcontractors are to be let, to take the affirmative steps listed in paragraph(i)through vi) of this section. Cb 34.14 E-Verify. The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify a system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subcontractors performing work or providing �? services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- 0 Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. c� 34.15 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and X subcontractors acknowledge and agree to comply with applicable provisions governing the Department % 5 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) 0 Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program a guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and 0 maintain appropriate backup documentation to support the reports. U 0 34.16 DHS Seal, Logo, and Flags. Consultant 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 U approval. 34.17 Changes to Contract. The Consultant 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 -21- Packet Pg. 3989 0.7.c must be approved in writing by both the County and Consultant. 34.18 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 U) 0 34.19 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, Consultant, or anycu other party pertaining to any matter resulting from the contract. 34.20 Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant CN acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this contract. 0 -119 34.21 (In the event of FDEM funding) The Consultant is bound by the terms and conditions of the CU Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County web page: https://www.monroecounty-fl.gov/fdemgrantagreement c, 34.22 (In the event of FDEM funding) The Consultant shall hold the Division and County harmless against all claims of whatever nature arising out of the Consultant's performance of work under this Agreement, to the extent allowed and required by law. U IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS 1 23 evin Madok, Clerk OF MONROE COUNTY,FLORIDA ® flgl B Y As De y Cle May airman 75 ��ir��YMir N 1♦ II Date: - 0 0 (Seal) WOOD ENVIRONMENTAL& INFRASTRUCTURE SOLUTIONS, INC. Attest: 0 U -; U Title: Florida Civil Design Team Lead Title: Florida Operation Office Manager_='ice President s—_ Approved as to form and legal sufficiency: C� r Monroe County Attorney's Office END OF AGREEMENT -22- r Packet Pg. 3990 O.7.c ATTACHMENTA CONSULTANT RATES F I. Personnel CL U) A. Professional (Engineer,Geologist, Scientist and Project Management) 0 Staff I $78.00/hour Staff 11 $85.00/hour Staff III $95.00/hour Senior I $120.00/hour Senior 11/ Project Manager $155.00/hour CN Associate $171.00/hour Principal $213.00/hour -119 U) B. Technical Services(Engineering and Science) CL LO Technician I $50.00/hour Technician 11 $61.00/hour Senior Technician I $66.00/hour Senior Technician 11 $77.00/hour Technical Writer/Document Production $ 86.00/hour U CADD/Draftsperson (includes PC/CAD) I $72.00/hourCb CADD/Draftsperson (includes PC/CAD) 11 $111.00/hour Admin I $44.00/hour U t3 Admin 11 $57.00/hour a C. Surveying Services x Field Surveyor I $47.00/hour Field Surveyor 11 $52.00/hour 75 Survey Technician I $73.00/hour Survey Technician 11 $79.00/hour o Survey Chief $83.00/hour o U D. Contract Labor From time to time, Wood retains outside Professional and Technical labor on a temporary basis to meet peak U workload demands. Such contract labor will be charged at 10% markup. II. Subcontract U Subcontract services will be invoiced at a cost multiplied by 1.15. c� 23 Packet Pg. 3991 0.7.c Request for Qualifications for On Call Professional Engineering Services for the ✓ ��ld7M1 ti Canal Restoration and Resilience Programs 1 � Category C. Resilience Services/Environmental Services CL U) RFQ for On Call Professional Engineering Services i r SECTION THREE: RESPONSE FORMS U RESPONSE FORM � i r g J CN — RESPOND TO; MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING,ROOM 1-213 1100 SIMONTON STREET 0 , KEY WEST,FLORIDA 33040 sA u X I acknowledge receipt of Addenda No. (s) 1 I have included: 1 r X . The Submission Response Form X . Lobbying and Conflict of Interest Clause — x . Non-Collusion Affidavit �y x . Drug Free Workplace Form X. Respondent's Insurance and Indemnification Statement 1 X. Insurance Agent's Statement U s X• Vendor Certification Regarding Scrutinized Companies n X In addition, I have included a current copy of the following professional and occupational licenses: State of Florida Department of State No.F00000004389;sunbiz.org Division of Corporations;Sunbiz 2021 Foreign Profit Corporation Amended Annual Report,DBPR Re ist No.5392 and Qualifier State of Florida Board of Professional Engineers,Christine A.Mehle,No.PE68038);Local Business Tax Receipt,Miami-Dade County,State of Florida 0 (Check mark items above,as a reminder that they are included.) Mailing Address. 16250 N.W.59th Avenue.Suite#206 Telephone: (305)826-5588 X Miami Lakes,FL Fax: (305)826-1799 33014 Date: 11/30/21 75 Signed. <a ;k� ;. Fitness. ra F. d 051 Christine Mehle,PE,CFM,ENV SP (Name) Principal-in-Charge/Water and Infrastructure Service Line Lead 9= (Title) U 0 U -40- c� wood. Packet Pg. 3992 0.7.c Request for Qualifications for On Call Professional Engineering Services for the ✓ i/4r1 iild7M� L Canal Restoration and Resilience Programs Category C. Resilience Services/Environmental Services r) 0) wood r , J November 30,2021 N — Monroe County Purchasing Department Gato Building,Room 1-213 1 1100 Simonton Street 0 , T Key West,F'L 33040 U) u M Subject., Signature Authority for Monroe County Submittal,On Call Professional Engineering Services for the Canal Restoration and Resilience Programs 1 You requested documentation of signature authority within Woad Environment&Infrastructure Solutions,Inc.for the subject , r services listed above.In response,I provide the below table of generic delegated contractual authorities for your reference. These authorities apply to Federal,State,or Local Government entities. 0 C0 Please be advised that Christine Mehle,PE,CFM,ENV SP,Water and Infrastructure Service Line(Lead,has Service Line Lead authority to sign on behalf of Wood Environment&(infrastructure Solutions,Ilnc. L i T As an officer of Wood Environment&Infrastructure Solutions,Inc.,I can verify that the limits outlined in the table below are rr valid for your use: M Terms&Conditions of Contract do not Terms&Conditions of Contract do U comply with CPP mandatory terms. comply with CPP mandatory terms, Managerial Level Reimbursable Lump Sum or other Reimbursable Lump Sum or other contracts high-risk contracts contracts high-ris'Ic contracts Service Line Lead None None SS00,000 $250,000 Operations Manager Nome None $1,000,000 $500,000 _--Region Manager None Nane ...� $5,000,000-� $2,000,000 - — — - a Group Manager None None $15,000,000 $5,000,000 ...... . 0 Operational President None None $25,000,000 $10,000,000 CEO $350,000,000 $50,000,000 $350,000,000 $50,000,000 M _......................................... ................................ _._.... ....._............... ......................._........._.................... L) , Please do not hesitate to contact me at(678)230-6159 or david.goershelCWwoodplc.com should you have any questions. u Regards, David B. Goershe f7lgi4a ny signed byr David Gaershe� 0 r7ate: n11.11i1443zb"12:17-On'00' 0)Y David B.Goershel,PG,PMP President-East US Operations u 'woad'i,a trading name Car Jahn wand Group PLC—di'it-,-h,icrad- wood. Packet Pg. 3993 0.7.c Request for Qualifications for On Call Professional Engineering Services for the ✓ ��ld7M1 ti Canal Restoration and Resilience Programs Category C. Resilience Services/Environmental Services U) RFQ for On Call Professional Engineering Services j 0 r U LOBBYING AND CONFLICT OF INTEREST CLAUSE — SWORN STATEMENT UiNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA zr , J CN — ETHICS CLAUSE of r u) u " Wood Environment&Infrastructure Solutions,Inc. ll M — (Company) LO warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former i County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or L) r 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 0 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". t) j �� r C/'r�6LuiG l�2e.£Ea. n (Signature) Date: 11/30/21 STATE OF Florida X COUNTY OF: Hillsborough Subscribed and sworn to(or affirmed)before me on November 30,2021 LL (date)by (-'hristine McWe (name of affiant). He/She is personally 0 known to me or has produced rK rssonna0ly known to rre, as 0 identification. (type of identification) 9 w� rme� NOTAIV PUBLIC C t) d t r w •�sm� xr My commission expires: M vch 20 L''023 0 as t) -41- c5 wood. Packet Pg. 3994 0.7.c Request for Qualifications for On Call Professional Engineering Services for the ✓ imld7M1 ti °ra Canal Restoration and Resilience Programs 1 � Category C. Resilience Services/Environmental Services to RFQ for On Call ProfessionaI En ineenn i Servaees NON-COLLUSION AFFIDAVIT t I, Christine Mehle, PE,CPMr ENV 5P of the city of Tampa �. according to law on my oath,.and under penalty of perjury,depose and say that: 'I. lam lutw5twUme.Sgndw Liar WW � r a J of the firm of 'M 2od Environment&Infrastructure Solutigns,Inc. the bidder making the Proposal for the project described in the Request for Qualifications for: 0 i On Call Professional EngingeringSpwices for anal gestaracyn and, Wen Programs r and that I executed the said proposal with f ull authority to do so: to u . the prices in this bid have been arrived at Independently without collusion,consultation, CIL 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; i unless otherwise required by law, the prices which have been quoted in this bad have U r not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to Paid opening„ directly or indirectly, to any other bidder or to any 0 competitor-,and ~ 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,e bid for the purpose of restricting L) ; comp-etition; &r the statements contained in this affidavit are,trine and correct,and made with full g n knowledge that Monroe County relies upon the truth of the statements contained o this affidavit in awarding contracts for said project. L) 11l3tt/�t (Signature of Respondent) (Date) 0 STATE OF; Eiarida X COUNTY OF:-1jillsimmugh 21 PERSONALLY APPEARED BEFORE ME,the undersigned authority, 5 ILL who, after first being sworn by me, (name of individual signing) affixed has/her signature in the space provided above on this :iaa day of Noye rwab r a 21 0 NOTARY PUBLIC (,, t3 . n 0 9.nmdi '.nP'Mw.W' ev4�iry My Commission Expires:Tres: Irare 0, 023er 0 L) _42- E ca wood. Packet Pg. 3995 0.7.c Request for Qualifications for On Call Professional Engineering Services for the ✓ ��ld7M1 ti Canal Restoration and Resilience Programs 1 � Category C. Resilience Services/Environmental Services CL U) RFQ for On Call Professional Engineering Services i DRUG-FREE WORKPLACE FORM U r The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Wood Environment&Infrastructure Solutions,Inc. (flame of Business) i r 1. Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing, , J possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of o i maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee er assistance programs, and the penalties that may be imposed upon employees for drug abuse u violations. — 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). i U r 4. In the statement specified in subsection(1), notifies the employees that,as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms 0 of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders 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 U i after such conviction. �y r � n 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. U C 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. X 75 Respondent's Signature 1113 O 21 0 Date s, NOTARY PUBLIC r r0 My Commission Expires: March 20,2023 ) 0 U -43- wood. Packet Pg. 3996 0.7.c Request for Qualifications for On Call Professional Engineering Services for the ✓ llld7M1 ti Canal Restoration and Resilience Programs Category C. Resilience Services/Environmental Services U) Rr^Q for On Call Professional Engineering Services cy 1 a 0 r Respondent's Insurance and Indernnificat on Stat mete In5urance Reauireeruent Reauirt d Limits Worker's Compensation Statutory Limits zr , J Employer's Liability $1,0100,000/$1,000,000/$1„Dt:p0„000 General Liability $1,000,000 Combined ingle Limit 1 oa Vehicle Liability $1,000,000 Combined Single Limit per U) u Occurrenoed$1,000,0100Aggregate MCL — Professional Liability $1,000,000 per occurrence $2,000,000 aggregate 1 � a U r IDEM NIFICATiON AND HOLD HARMI-CSS FOR CONSULTANTS AND SUBCONSULTANTS 0 The CONSULTANT covenants and agrees to indernnlfy and hoald harmless CCrLI�NTYlMonroe County and � Monroe,Coumty Board of County Commissinners, its officers and employees from luahlitiez damages,losses L) � and coasts including but not lirnited to, reasonable attorneys'fees, to the extent Caused by the negligence„ �y r recklessness or 'lntentlonalt wrongful conduct of the. CONSULTANT, subcorritractor(d) and other persons � employed or uWized by the CONSULTANT in the performance of the contract. In the event that thecompletion of the project(it)Include the work of others) is delayed or suspencled as a t3 result of the 4 ONSULTANT"s failuare to purchase or rnaintain the rvrluired insurance, the CONSULTAW � shall Indemnify the County frorn any and all increased expenses resu.aating frown such delay, Should any claims be asserted against the COUNTY by virtue of any der dency or ambiguity in the plaris and specifications provided,by the CONSULTANT,the CONSULTANT agrees and warrants that CONSULTANT;.hall hold the � Cou,lnty harmless and shall indemnify It trorn all losses crcurrinrg thereby and shall further defend any clam � or action on the Couurnty s behalf. cy The first ten dollars($10 01D)of remuneration paid to the.CONSULTANT ULTANiT us rAnsideratlon for the undernnificahon yt provided for above. � The extent of liability Is iin oo way Ilrmited to, reduced, or lessened by the insurance requlreumerds contained � elsewhere within this agreement. 'L3 Thus indemniflcatlon shall survive the expluatlon or earher termination of the Agreement. 0 RESPO!21DENT"5 STATEMENT I understand the insurance that will be mandatory if awarded the Qontract and will comply in frill with alu they � requirements o f U PI, `r � Wood Fnvnucnnnent .hifra;tnuctv.ure Solau'tions,Inc r Respondent Signature 0y Bradley J. Knight, Vice. President Legal U .,4f4a_ c� wood. Packet Pg. 3997 0.7.c Request for Qualifications for On Call Professional Engineering Services for the ✓ i�ld7M1 ti Canal Restoration and Resilience Programs Category C. Resilience Services/Environmental Services CL U) 0 c� 1 'ENrl'OR LI:IMI9WATION REGARDING Sr:IRUTIN ZED("OMPANIES]ASS' 0 r U � Project mscription(s):„on Call Professional Engineering Services for the Canal R.es.tora. tion and Resilience Programs ....................... ..... Respondent Vendor Name: Wood EWronment&,Infrastructure Sof!u„tions Inc.............................. ti cndor ICI fN ,91 1641772 z r Vendor's Authorifed Represc.maative Nameand fit:lc:: Christine Mehle PE CFM ENV SIP,.PrinCrl7lrl in-in RlWater and , J m... Infrastructure Service Line Lead C14 — Addruss:16 50.-l+l.Ud.5 111..A t1 .e.._:skkte 41fa City: Mdargri Lakes............................ State:,FLprcla................................................................. Zip: 3t9 ....................... ru Mione Number! 0,051826 558✓3,,,,,..,,,,,,,,,,,,....,,,,,,,,,,,,...., i ...... 0 r F,marl Address: chrrstine_mehlefew.00dp is„corn U) v M — Sce:tion 287.135,Florida Statutes prohibits a company from bidding on,subruitting a proposal for,or:entering into or runcrwing a contract for goods or scrvic,cs of any amount i1 at the tuner of contracting or renewal,the t/S company is on the Scrutinizocl Companies that Boycott Israel 1 r,t,cremated pursuant to Section 215.4725. � 1 Florida Statutes, OF is engaged in as Boycott of Israel. Section 287.135, Florida Statutes,;also prohibits, a � s company from bidding on,subrmittnng a proposal for,or entering into or renewing a contract for:goods or: U > services of S1,000,000 or more,that are oil either the Scrutinised Companies wvith Activities in Sudan I,ist or 0 the ScrntiniZ0d C"tanapanics with Activities in the Iran I'etrolcurna Energy Sector Lists which were created �y Pursuant to s.215.47-1,Florida Statutes,or is engaged in business operations in C°ribs or Syria- As dic parson authorized to sign on behalf of Respondent,I hereby certify that the company identified above L) a r in the Section entitled"Itcsponcicnt Vcrncla:ra'Name-is not listed on the Scrutinized Companies that lAaycratt � n Israel List or urngagcd in a boycott',of Israel and for pro cetr ol�'S1,t1�00,000 or more is not 6stwd oil either the W Scrutinized Companiz with AQtiviticz in Sudan 1..ist,the Scrutimred C,,a:arnpanieAs with activities in the Iran Petroleum Energy Sector list,or engaged in business operations in Cuba or Syria. U t3 I understand kln;at prarsaaank,to Section 287.135,Florida Statutes,the submission of";a false certification may sulliect company to civil penalties,attcarney°s fees,andx'or costs.I further understand that any contract with the County may be terminated,at the option of the County, if the cornpany is found to have submitted a false � ccrtificration or has been Placed on the Scrutinized Companies that Boycott Israel List or engaged in as boycott � of Israel or placed on die Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies C' with Activities in Uhc Iran I'e;troleum Energy Sector:list or been angagcd in lushness operations in Cuba or x Styria. ('citified 13y Chriistine--Ma..hh-,..P.L--CF.M,.. .V.SP --------- ;who is authorized to sign on behalf of the above referenced company- Authorized Signature: 0 print Nairuc; Christine Mehle,PE,CFM,ENV SP l itle. Pr'rucit7,al-irt,- h rplel? C tier and ltlft�str�c re S,�tvuce Llrte lead Note.'The I,ist are:available at the:following Department ofNianagense:sut Services Site: U httn.1/nuwwu.dsns.snnuRearida.ccrn�husinsws oncrations/statc formaationu`convictcd suspcn it% ded discriminatory complaints °crndrii lists 0 eu U 46 E c' wood. Packet Pg. 3998 0.7.c Request for Qualifications for On Call Professional Engineering Services for the ✓ ��ld7M1 ti Canal Restoration and Resilience Programs Category C. Resilience Services/Environmental Services CL U) 0 c� 1 0 r U � StateFlorida � - Danartment of State J C14 — I certify from the records of this office that.WOOD ENVIRONMENT & i INFRASTRUCTURE SOLUTIONS, INC. is a Nevada corporation authorized to r transact business in the State of Florida, qualified on August 3, 2000. u The document number of this corporation is F00000004389. 1 I further certify that said corporation has paid all fees due this office through U 'r December 31, 2021,that its most recent annual report/uniform business report was filed on January 4, 2021, and that its status is active. 0 I further certify that said corporation has not filed a Certificate of Withdrawal. L) i r � n Y Given under my hand and the Great Sea!of Me State of Florida at Tallahassee,the CapiAd,fliis Me Fou►th day of January,2021 U x 0 0 Tracking Number:2150785084CU Y To authenticate this certificate,visit the Following site,enter this number,and then followthe instructions displayed. () https://services.sunbiz.org/Filings/CortificatoOfStatus/Cortf cateAuthentication it �9 U E U wood. Packet Pg. 3999 0.7.c DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/11/2022 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. 9= M IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If EL 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). cy PRODUCER CONTACT AOn Risk services Southwest, Inc. NAME:PHONE FAX U) Houston TX Office (A/C.No.Ext): (866) 283-7122 A/C No : (800) 363-0105 5555 San Felipe E-MAIL Suite 1500 ADDRESS: Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: AIG Specialty Insurance Company 26883 3WGUSA Holdings, Inc. INsuRER6: American International Group UK Ltd AA1120187 and its subsidiaries and Affiliates 17325 Katy Freeway INSURER C: Zurich American Ins CO 16535 Houston TX 77084 USA INSURER D: ACE American Insurance Company 22667 INSURER E: ACE Fire Underwriters Insurance Co. 120702 INSURER F: 0 COVERAGES CERTIFICATE NUMBER: 570092633467 REVISION NUMBER: U) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDNYYY MM/DD/YYYY LIMITS a C X COMMERCIAL GENERAL LIABILITY GLo484608501 07 01 2021 07 01 2022 EACH OCCURRENCE $1,000,000 U CLAIMS-MADE OCCUR DAMAGE TO RENTED $500 000 APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence MED EXP(Any one person) $5,DOD PERSONAL&ADV INJURY $5,000,000 21 GEN'LAGGREGATE LIMITAPPLIES PER: DATE ' '������0 GENERAL AGGREGATE $2,000,000 POLICY FX PE ❑LOC WAVER NPA—YES— PRODUCTS-COMP/OP AGG $5,000,000 CT OTHERUJI D AUTOMOBILE LIABILITY ISA H2555047A 07/01/2021 07/01/2022 COMBINED SINGLE LIMIT $2,000,000 �- Ea accidentM p X ANY AUTO BODILY INJURY(Per person) `^g� OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS — HIREDAUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Peraccident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE UJI DED I RETENTION D WORKERS COMPENSATION AND WLRC67807674 07/01/2021 07/01/2022 X I PER STATUTE I OTH 2 EMPLOYERS'LIABILITY - Y/N Work comp- A05 ANY PROPRIETOR/PARTNER EXECUTIVE E.L.EACH ACCIDENT $1,OOO,OOO E OFFICER/MEMBEREXCLUDED? N N/A SCFC67807716 07/Ol/2021 07/Ol/2022 � (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 D ESCdescribe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 0 B Archit&Eng Prof PSDEF2100726 07/01/2021 07/01/2022 Aggreagate Limit $2,000,000 claims Made- Prof. Liab. Any one claim $1,000,000=_ SIR applies per policy ter s & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED WOOD COMPANIES. RE: Project Description: Category C Resilience and io Environmental Engineering Services, Project Number: 600837. county is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. Should General Liability policy be cancelled before the expiration date thereof, the policy provisions of each policy will govern how notice of cancellation may be D U delivered to certificate holders in accordance with the policy provisions of policy. C 0 CERTIFICATE HOLDER CANCELLATION U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE A z EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE y POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE PO BOX 100085 - FX Duluth GA 30096 USA 9 s _� 1;1;191 �JL ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks ofACORD Packet Pg.4000 AGENCY CUSTOMER ID: 570000021966 U•7.0 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570092633467 CARRIER I NAIC CODE See Certificate Number: 570092633467 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, O U) FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER a INSURER N INSURER O INSURER U) ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. a POLICY POLICY L) INSR ADDL SUBR POLICY SUNIBER EFFECTIVE EXPIRATION LLIIITS LTR TYPE OF LNSURANCE INSD WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) O OTHER L) A Env contr Poll CPL12456119 07/01/2021 07/01/2022 Aggregate $5,000,000 claims Made- Poll. Liab. Limit SIR applies per policy to ms & Condit ons Per Loss $5,000,000 U Limit U x 75 a O O a U a U O L59 U E U ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.4001 AGENCY CUSTOMER ID: 570000021966 U•7.0 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services southwest, Inc. JWGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570092633467 CARRIER NAIC CODE see Certificate Number: 570092633467 EFFECTIVE DATE: U) ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 0 FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured JWGUSA Holdings, Inc. Wood Group USA, Inc. wood Environment & Infrastructure solutions, Inc. AMEC Construction Management, Inc. I AMEC E&E, P.C. N AMEC Engineering and Consulting of Michigan, Inc. Amec Foster Wheeler Energia, S.L.U. Amec Foster wheeler Industrial Power Company, Inc. Amec Foster wheeler Kamtech, Inc. O Amec Foster Wheeler Martinez, Inc. 19 Amec Foster wheeler North America Corp U) Amec Foster Wheeler Power Systems, Inc. Amec Foster wheeler USA Corporation Amec Foster Wheeler Ventures, Inc. CIL AMEC North Carolina, Inc. BMA solutions, Inc. C E C Controls Company, Inc. Cape software, Inc. U Foster wheeler Intercontinental Corporation Ingenious, Inc. O John wood Group PLC 09 John wood Group, Inc. Kelchner, Inc. MACTEC Engineering and Consulting, P.C. U MACTEC Engineering & Geology, P.C. �9 MASA Ventures, Inc. Mustang International , Inc. Rider Hunt International USA, Inc. RWG (Repair & overhauls) USA, Inc. U 5waggart Brothers, Inc. Wood Design, LLC wood Group Alaska, LLC 0 Wood Group Asset Integrity solutions Wood Group PSN, Inc. wood Group UK, Ltd wood Massachusetts, Inc. Wood Programs, Inc. LL O U U O U E c5 ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.4002