The URL can be used to link to this page

06/21/2023 Agreement Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: 'Itine 29, 2023 TO: Caij- Kinglit, Director Project Maiiagenient Brewine Frickson, Contract/Budget Administrator Pro,ject Maiiagenient Stan Thompson, Contract Administrator Pro,jcct mmiagc1lient FROM: Pamela G. I lajwo+�k&('. SUBJECT: June 21" BOCC Meeting Attaclicd is Dui electronic copy offlic 1`01loi%ing item lor your 11widling: C12 Ap-ceniciii mfli Nlatern Professional Eiqlyineering, Inc. in dic mnount of $661,tOO.00 for En�,Iinecrlrig Design Scniccs ol'Gencralors, for Cniticid Facifitics. 'I'lus project is funded by die Hazard Mitigation Grain Prop-wn and Fund 301 Infrastructure Sales'I'ax. Should you liavc wiv questions please fecl free to contact nic at (305) 292-3550. CC: County Attorney FillaliCe File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Flodda 33050 Plantation Key, Florida 33070 AGREEMENT FOR ENGINEERING DESIGN SERVICES OF GENERATORS FOR CRITICAL FACILITIES This Agreement ("Agreement") made and entered into this 21st day of June, 2023 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Matern Professional Engineering, Inc., a corporation of the State of Florida, whose address is 130 Candace Drive, Maitland, Florida 32751, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to provide professional architectural and engineering services for the design through construction administration of the purchase and installation of twenty-one (21) permanent generators and installation of two (2) 5,000-gallon fuel tanks at various County facilities located throughout Monroe County (the "Project"); and WHEREAS, CONSULTANT has agreed to provide professional services which shall include, but not be limited to, providing: concepts, construction drawings and specifications, all documents required to submit applications for and secure all permits necessary to complete the Project and holding a minimum of two informational hearings with the public and monthly project meetings with the tenants for the Project. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. Page 1 of 105 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project and to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information or design elements in the contract documents. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and the performance of those directly under its employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the BOCC to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement, the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION The CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. Page 2 of 105 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Cary Knight. Director of Project Management Monroe County 1100 Simonton Street Rm 2-216 Key West, FL 33040 And: Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: Monroe County Attorney's Office 1111 121h Street, Suite 408 Key West, Florida 33040 For the Consultant: Ryan Strandquest, President Matern Professional Engineering, Inc. 130 Candace Drive Maitland, Florida 32751 Notice is deemed received by the CONSULTANT when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. ARTICLE III ADDITIONAL SERVICES 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 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 the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a Notice to Proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. Page 3 of 105 ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county-maintained roads and maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. ARTICLE V 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 and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s)and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY harmless and shall indemnify the COUNTY from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. Page 4 of 105 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that the 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. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDEM Indemnification To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the COUNTY and State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Brad Pascarella, PE Sr. Project Manager Scott Lain, PE Sr. Project Manager Adrian Baus, PE Quality Control Amir Peymayesh Electrical Engineer Danny Herrera Sr. Electrical Designer Jose Quedo Electrical Engineer Gabby Pelletier Electrical Designer So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall notify the COUNTY of the change immediately. Page 5 of 105 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement a lump-sum total of Six-Hundred, Sixty- One Thousand, Four-Hundred and 00/100 dollars($661,400.00) based on the proposal outlined in Attachment B. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act, Section 218.70, 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 downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT's invoice shall describe with reasonable particularity the service rendered. The CONSULTANT's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. (C) The CONSULTANT shall submit to the COUNTY invoices with supporting documentation that are acceptable to the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") . Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. 7.3 REIMBURSABLE EXPENSES Allowable Reimbursable expenses will be separately identified and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 - September 30) by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. Page 6 of 105 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to conduct business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of$100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $100,000 per occurrence, $50,000 per person, and $25,000 property damage, or $100,000 Combined Single Limit. D. Commercial General Liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the acceptance of work by the COUNTY. Page 7 of 105 E. Professional Liability insurance of $300,000 per occurrence and $500,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract. F. COUNTY shall be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT, if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its Page 8 of 105 successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION The Contract may be terminated by the Owner as follows: 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. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to the CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Page 9 of 105 E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Section 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and Attachments "A: Consultant Scope Of Services", "B: Consultant Cost ProposaP', "C: Sub-grant Agreement for HMGP', and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to any public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, the CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act Page 10 of 105 defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether the CONSULTANT has been placed on the convicted vendor list. The CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS The CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or County Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY or the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents of the County Clerk. COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by the COUNTY or County Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 53.03, Florida Page 11 of 105 Statutes running from the date the monies were paid to the CONSULTANT. The right to audit provisions survive the termination or expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and the CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and the CONSULTANT agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. Page 12 of 105 9.14 CLAIMS FOR FEDERAL OR STATE AID The CONSULTANT and the COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.17 and Paragraph 9.21 concerning termination or cancellation. 9.16 COOPERATION In the event that any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The CONSULTANT and the COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101, Note), as may be amended from time to time, Page 13 of 105 relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the consultant's commitments under this section and shall Page 14 of 105 post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONSULTANT will include the portion of the sentence immediately preceding Paragraph (1) and the provisions of Paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect to any subconsultant or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 9.18 COVENANT OF NO INTEREST The CONSULTANT and the COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; Page 15 of 105 misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract 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. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and the COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. The CONSULTANT and the COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and the COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as "Contractor" for this provision only: Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The COUNTY and the Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and the Contractor in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to Page 16 of 105 reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Contractor or keep and maintain public records that would be required by the COUNTY to perform the service. If the Contractor transfers all public records to the COUNTY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the Contractor of the request, and the Contractor must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The 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. Page 17 of 105 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE#305-292-3470 B L,EY-BR AN(&, C)NROEC O Y-F'L,.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.27 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 Page 18 of 105 the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION The CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by the CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.29 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.31 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and the CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321, as set forth in detail below, and 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 subconsultants shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. Page 19 of 105 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. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.32 AGREEMENTS WITH SUBCONSULTANTS In the event that the CONSULTANT subcontracts any or all of the work in this project to any third party, the CONSULTANT specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the COUNTY. In addition, the CONSULTANT specifically agrees that all agreements or contracts of any nature with its subconsultants shall include the COUNTY as additional insured. 9.33 E-VERIFY SYSTEM. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONSULTANT and any subconsultant shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subconstruct with an unauthorized alien. The CONSULTANT shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Page 20 of 105 9.34 ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners and signed by both parties before it becomes effective. 9.35 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its sub-consultants must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R Part 200, as amended, including but not limited to: 9.35.1 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401- 7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251- 1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of $150,000. The consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Consultant agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 9.35.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with 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 current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the Page 21 of 105 contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 9.35.3 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 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 CONSULTANT 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 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, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of Page 22 of 105 the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation;liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the CONSULTANT and any subconsultant responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subconsultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONSULTANT or subconsultant under any such contract or any other Federal contract with the same CONSULTANT, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subconsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The CONSULTANT or subconsultant shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subconsultants to include these clauses in any lower tier subcontracts. The CONSULTANT shall be responsible for compliance by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs (1) through (4) of this section. 9.35.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.35.5 Debarment and Suspension (Executive Orders 12549 and 12689).A contract award under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 Page 23 of 105 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement 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. SAM exclusions can be accessed atw. w u :.... irm:�.....q. y. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.35.6Byrd 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 attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000.00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 9.35.7 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 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or Page 24 of 105 3. Ata reasonable price. Information about this requirennerd, along with the list of EPA-designated ihenns, is available at EPA's Comprehensive Procurement Guidelines vvebsite. The Contractor also agrees to comply with all other applicable requirements of Section 0OO2of the Solid Waste Disposal Act. 9.35.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � . Recipients and subreoipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Prooure or obtain; (2) Extend or renew contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, servioes, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any sysem, or as critical technology as part of any system. As described in Public Law 115-232. section 889, covered telecommunications equipment is telecommunications equipment produced by Huavvei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such enddes). (i) For the purpose of public safeb/, security of government taoi|ides, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by H\tera Communications Corporadon, Hangzhou Hikvision Digital Technology Company. or Oahua Technology Company (or any subsidiary or affiliate of such enddes). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Te|eoommunioadons or video surveillance equipment or services produced or provided byan entity that the Secretary of Defense, in consultation with the Director ofthe National Intelligence or the Director of the Federal Bureau of |nvesd0adon, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of covered foreign country. 9.35.9 he COUNTY and CONTRACTOR shou|d, to the great extent practioab|e, provide a preference for the purohase, aoquisidon, or use of goods, products, or materials produced in the United States (including but not limited to iron, a|uminum, stee|, oement, 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 S8[tiOD: (1) "Produced in the United SBates" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Page 25oI1V5 Other Federal and FEMA Requirements (as applicable) 9.35.10 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. 9.35.11The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. 9.35.12 Program Fraud and False or Fraudulent Statements or Related Acts. The CONSULTANT 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. 9.35.13 Access to Records. Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.35.14 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.35.15 DHS Seal, Logo, and Flags. The CONSULTANT shall not use the Department of Homeland Security seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The CONSULTANT shall include this provision in any subcontracts. 9.35.16 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.35.17 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 Page 26 of 105 change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONSULTANT. 9.36 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. [Signature page to Follow] Page 27 of 105 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly representative on the day and year first above written. is 23 BOARD OF COUNTY COMMISSIONERS MADOK, Clerk OF MONROE COUNTY, FLORIDA By: As Deputy Clerk Mayor Pro Tern Date:— Junc 21, 2023 Date: June 21, 2023 MONROE COUNTY ATTOANEYS OFFICE APPROVED AS TO FORM TAL�WWATT�� DATE: _=L- (Seal) CONSULTANT: MATERN-PROFESSIONAL Attest: E"GINEFRING, INC. Signature: Signature: V Name:Teresita Engelhardt Name:Ryan B. Strandque-st- Title:-Control I er Title: President Date:D6/05/2023 D 06/05/2023 ate: Irk CD Page 28 of 105 ATTACHM ENT A Consultant Scope of Services 1.1 Scope The Board of County Commissioners for Monroe County, Florida (hereinafter the "County") is soliciting qualifications from interested firms to provide design and engineering services, permitting facilitation, procurement support, and construction oversight services in support of a Federal Emergency Management Agency ("FEMA") Hazard Mitigation Grant Program ("HMGP") (Subgrant Agreement No. H0820) that the County has been awarded. The activities required under this Grant Agreement include: • The design, sizing, placement, and permitting of emergency back-up generators at 21 locations across the County, which include local government administrative buildings, police and fire facilities, public works / fleet management facilities, and radio communication towers. Permanent generator capabilities should include capacities ranging from 30kW to 225kW, or the adequate size to support the critical facilities and include any necessary automatic transfer switches (ATS), wiring and other installation requirements. Permanent generators shall be protected against 500-year flood event by implementing specific activities or by locating the generator(s) outside the Special Flood Hazard Area (SFHA). Generators shall be protected against wind with a rated enclosure based on its location requirements and compliant with all applicable Federal, State, and Local Rules and Regulations. Please review the following list of locations and refer to the attached HMGP Agreement #H0820 for additional information on the locations and design requirements for these facilities: 1. Monroe County Public Works & Garage Facility Rockland Key, 111 Overseas Highway, Key West, FL 33040 2. Monroe County Bayshore Manor Assisted Living Facility, 5200 College Road, Key West, FL 33040 3. Monroe County Cudjoe Sheriff's Substation, 20950 Overseas Highway, Cudjoe Key, FL 33042 4. Scout Key/West Summerland Key Emergency Communications Tower, Coordinates 24.650691, - 81.309598 5. Marathon Emergency Communications Tower, 2796 Overseas Highway, Marathon, FL 33050 6. Monroe County Public Works Yard Marathon, 10500 Aviation Boulevard, Marathon, FL 33050 7. Plantation Key Public Works Garage, 87831 Overseas Highway, Islamorada, FL 33036 8. Tavernier Fire Station, 151 Marine Avenue, Tavernier, FL 33070 9. Monroe County Plantation Key/Magnolia Public Works Yard, 300 Magnolia Street, Key Largo, FL 33070 10. Key Largo/Andros Road Emergency Communications Tower, Coordinates 25.166866, - 80.374706 11. Marathon Government Center (EOC), 2798 Overseas Highway, Marathon, FL 33050 12. Monroe County Fleet Garage, 10500 Aviation Boulevard, Marathon, FL 33050 13. Monroe County Sheriff's Office Marathon Substation, 3103 Overseas Highway, Marathon, FL 33050 Page 29 of 105 14. Layton Volunteer Fire Department #18, 68260 Overseas Highway, Layton, FL 33001 15. Layton Volunteer Fire Department #18 Living Quarters, 68260 Overseas Highway, Layton, FL 33001 16. Lower Sugarloaf Fire Station #10, 17175 Overseas Highway, Summerland Key, FL 33042 17. Big Coppitt Fire Station #9, 28 Emerald Drive, Key West, FL 33040 18. Cudjoe Solid Waste Transfer Station, 740-780 Blimp Road, Cudjoe Key, FL 33042 19. Long Key Solid Waste Transfer Station, 67901 Overseas Highway, Long Key, FL 33001 20. Key Largo Solid Waste Transfer Station, 11180 County Road 905, Key Largo, FL 33070 21. Monroe County Fire Academy, 56633 Overseas Highway, Marathon, FL 33050 • The design, engineering, permitting, and placement of two (2) 5,000-gallon fuel tanks at the Monroe County Sheriff's Office Stock Island Detention Center located at 5525 College Road, Key West, FL 33040. Fuel tanks shall be protected against 500-year flood event by implementing specific activities or by locating them outside the Special Flood Hazard Area (SFHA). Fuel tanks shall be placed and protected against wind and compliant with all applicable Federal, State, and Local Rules and Regulations. Please refer to the attached HMGP Agreement #H0820 for location information and additional information on the design requirements of the fuel tanks. Pursuant to the requirements of the grant agreement and the nature of the scope or work, the County anticipates the following to be a non-exhaustive list of the engineering tasks required to be performed by the selected vendor(s): • Study and/or assessment of various County facilities to determine the optimal size of a permanently installed emergency back-up generator. • Development of electrical load calculations and design drawings sufficient to support final construction drawings and specifications for bid in support the installation of permanently installed emergency back-up generators. • Site survey and delineation of permanently installed emergency back-up generators installation requirements relative to County, State, and Federal regulations pertaining to protection from flood and wind hazards. • Preparation of maps, site plans, ground disturbance depictions, and other engineering deliverables as requested by the County. • Geo-Technical and related engineering support and resulting products to support the installation of fuel tanks in a FEMA-recognized high-hazard velocity ["VE" Zone] special flood hazard area [SFHA] • Preparation of 30/60/90 percent designs and final construction drawings to support public bid/solicitation of the construction phase of the generator(s) and tank installation projects. • Development of Opinions of Probable Construction Costs for the work designed by the selected vendor(s) • Support with identification and application to various local, state, and federal agencies necessary to permit the construction phase(s) of the various scope(s) of work. Page 30 of 105 • Provide as-needed support with archeological, historical, cultural [State Historic Preservation Office] investigation and investigations to support agency permitting processes. • Other documentation and demonstrative tasks required by local, state, and federal agencies as required. 2.1 TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions within an aggressive six (6)- month timeline in accordance the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 2.2 SCHEDULING REQUIREMENTS 2.2.1. Baseline Schedule 2.2.1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2.2.2. Monthly Schedule Update 2.2.2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2.2.2 A brief narrative describing scheduled milestones with the status for each, and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.2.2.3In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but are not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting of recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 2.2.2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. Page 31 of 105 2.2.2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress the project in accordance with the milestone dates established in the Baseline Schedule. Such actions on the part of the CONSULTANT shall be considered non-performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 2.2.3. Project Development Process 2.2.3.1 Preconstruction activities should at a minimum include the following elements as applicable: PROJECT DEVELOPMENT PROCESS Task Name Milestone Comments Date PHASE Design Contracting Phase Issue Notice to Proceed 07/01/2023 Programming and Design Phase Approved Schematic Design Documents 30% 08/01/2023 Approved Design Development Documents 60% 10/01/2023 Approved 90% Construction Documents 11/01/2023 Approved 100% Construction Documents 12/01/2023 Permit Phase Approved Building Permits 02/01/2024 PHASE II Construction Phase TBD Dependent upon FDEM/HMGP approval of Phase I deliverables. 2.2.3.2 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 2.3 COST ESTIMATING REQUIREMENTS 2.3.1 Baseline Cost Estimates 2.3.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.3.2 Cost Estimate Updates. 2.3.2.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. Page 32 of 105 The CONSULTANT's final Opinion of Probable Cost will be in a format suitable for submittal as a Phase I deliverable by the COUNTY to HMGP's technical review team. 2.3.2.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. Page 33 of 105 ATTACHMENT B Consultant Cost Proposal Page 34 of 105 MATORN COMFERING 90tViNO SMEMS MAI`WORK FOR YOU Fee.dwokhly-Ene(yy- FEE PROPOSAL/CONTRA DATE" April.26, 2023 OWNER: Ms. Jordan Sa!linger, PMP Senior Project Manager Monroe County Public Works&Englneering Project Management Department 2955 Overseas Highway Marathon, FL33050 RE: Monroe County—Engineering Design Services for Generators at Critical Facilities, MPF#T-6526 Dear Ms, Salinger, We subrrift herewith MATERN's fee proposal and/or contract on,the above project. We appredate the opportunity to provide you with this proposal. 1. GENERAL DESCRTPTION OF PROJECT SCOPE 11 Project is funded thrOLIgh the Federal Emergency Management Agency(FEMA) Hazarct Mitigation Grant Program(HMGP)DR-4337-FL, Subgrant Agreement No H0820,which has been approved by the Florida Division of Emergency Management(Division' and(FEMA), 1,2, This proposal is for Phase 1 Design Services Only, The duration of this Contract will end with,Permit Ready documents 1.21. Phase,2 Construction services shall be negotiated at a later date and is not included within this proposal 1 3• Scope of services is based on the received Request for Proposal provide 1A. Provide Prime Design Consultant Project Management Services,design Professional Engneering Services,and permitting in support of installing generator at twenty-one (21) separate,existing Monroe County Facilities. 1 41, Study and/or assessment of various County facilities to determine the optimal size of a permanently installed emergency back-up generator. 142 Development of construction documents for bid iin support the installation of permanently installed emergency back-up generators. 1,43. Site survey and delineation of permanently installed emergency back-up generators installation requirements,relative to County, State, and Federal regulations pertaining to protection from Flood and wind hazards 1,44. Preparation of rnaps, site plans,ground disturbance depictions, and other englneerkq deliverables as requested by the County 145 Geo-Technical and related engrneering support and resulting products,10 support the installation of fuel tanks in a FEMA-recognized high-hazard velocity["VE"Zone) special flood hazard area JSFHA] 1-46. Support with identification and application to various local, state,and federal agencies necessary to perrmt the ronstructilon phase(s)of the various scope(s)of work 147 Other documentation and demonstrative tasks required by local, state, arid federal Caniorale Ofka'1130 fanda,ce DAve,WIfland,Fixida 3276,11 3331 Phoiw 40?140.50211 Oflando»Foil Myer's,T ampa R CA VW '-?rridai'M CLAGE*VSC1)3 l GSA �nIMI Busines-,contrad M70,13HA10MON®w-ownimforn slat. ReigfMored-,M-ADAMA-M3R10A GEORGIA�NORTH,CAROLINA,KiNNSYLVAMA-SOUTH CAROLINA,TENNESSEE,110:8 VIRGINIA Page 35 of 105 Monroe County Generators-Fee Proposal April 26,2023 agencies as required 1.4.8 Generator locations 1. moorne roUo,,1,y Pubk Wo*r & 64raNpa Koy, 111 Oversthv,, Highway,Key.We9t,Fl,33040 2. Matruo County Sayshove Marxn AssiwIod Live rkq raciulv,6200 Colkep,Road,Kov West,R 11,R40 I monrue cauoty Cu d�lu@ Shefdr'� Substabufn, 2CJ950 Ovemeas Ffighway, Cudjoa Koy,FL 3"YM2 4, Scm# KeyaVhj,,A w uaaioaaa stair Kej FVjugg0"r,,y ;u:ilrunar,laTou#el, 5. Nlarnthon Fmergency Communiinalmns lavvpr, 2796 Overseas Hlghveay, M vaffwri,FL 3,305D (1, %'Inme countf Public, VVg*5 yasrl lvprathrm t0500 Awntmn 8,04"Iflemd, Maralion,FL 3,105�D 7. FIlnnImbon Key Ptb,wr Wroks R7831 over-was lfit)VrNay, 33036 0, Tavornko Firo StoUon, 151 Maove Aveouo,Iavorvioo,Ft,11071D t) Monroo Gimonty Pgnl)lMlon KeydMopgnnt�a Publ�c Worim YArd,300 Prta t7aaUaw Strairn, Kay k,atc;*,Ft 13,070 10�Key Largo),Anidras Road Emerqenry CoTranunications lower, r cordxrlate5 25,1668ft,80,374706 11,MauOhoi Goyleo nmeto GpiOw (FC9,'), 2798 Over%ewi H'P9Jrway NUiA aftD�n, F1 330,90 17,M�,Jrvoiq coksoly 00401 Owago, 105M)Avia(k)n 54,jolowwI r0k*rAlux` „PL 33950 11 Monroo CoLjoly Sherlff s Office Marmhan Substation 3103 Dversaas Hghway Mantihork FL 331060 14 Layton, VokkNeer Fwe Depadmenf d18, 4.3026A) Overseas 1-1ighway, La.yllno, FA. 15,Laytor,VokAnN,,er F6rp,rxparlwrienl 918 UAng Qiaf'U rs,682,60 0,ven.�Ww Hiighsmay, Ellayforp,r( .11"11(K)i 16,Lawor Sugarbol Fire st,00n#110,17175 Qviowms Hgbyvay Keq FL 33042 17,449 Coprfli1 Fire$0,010il WS,28 Fmoralil Dhve,Kcjy ftsl,rt 33040 18 Cudjoe Solid Waste Trarisfer Stabon,740480 Blunip Road,Cuda+a*Key,rL 33042 I� Ltmg boys Sobd WafisW rranta'Pop Swaiwn,67901 Ovenaoas kirfOvway,LrQ(1,9 Kuy,FL 33,001 20.'Kay LargO StOld Wa,'Me 7(ansfep SMN),o, I I IW�,Coiunfy Road 905,Kcq Lailqo,FL 1-3070 21 MorvDo County Fiwa Ajcadfxnwy 56633 0versoas[*qhway.PAarathav,FL 330150 1,5, Provide Prime Design Consultant Project Management Services,design Professional Engineering Services, and permitting in SUpr-Qft of the bNo(2)5,000-gallon fuel tanks at one (1),location. 1.5 1 Fuel Tank Location 1 Monroe County Sheriff's Office Stock Island Detention Center, 5525 College Road, Key West, FL 33040, 1,6, Monroe County Facilities Ns the end user of these services("Owner"), Z ENGINEERING SERVICES 2.11, Prime Design Consultant Project Management Services-- 2-1 A. OveraH Management of Project during Phase 1, including contract administration, budget managernent, invoice, monthly status reports, scheduling, assistance with FEM A reports/documentation as necessary, and coordination with the owner. 22, Electrical, Power Generator and ATS design, connected to an existing Electrical Distribution 23. Mechanical, Fuel Tank installation-Pumping and Piping. Cnrporalofflfica-130 Candace Odwo,Ullandj$o deli;32.751 3331 Phone 197.7050214 Oilando,Fud Myeqs I Tampa Fl.CA V)096,Fedai,ail CAGFOOSCID31 GSASmiall Bvuiasd Conflix,04N)SHA 19DO026*ieoww wAwn nut Rtuji,tere&ALAB AMA,F[ORIDA-GEOR('31A,NORIO CAROL INA,PENNSYLVAWA SOUTH CAROLINA,TEN14ESSEE-TEXAS,VIRGINIA Page 36 of 105 Monroe County Generators—Fee Proposal April 26,2023 2.4, StFUCIgral and Civil_Services. Refer to Sub consultant section below. 3, SCHEDULE 3,1, A baseline project schedule will he developed indicating the Preconstruction w.,;fivifies and the anticipated completion dates for milestones. The following shall be the minimal tasks to be tracked; 3.1 1 Design Contracting Phase 3,12, Programing and Design Phase 1 Schematic Design Documents(30%) 2' Design Development Documents(60%) 3 Construction Documents(90%) 4 Construction Documents(I 03IIIA) 3.1.3. Permit Phase 4. DEL11VERABLES 4,1 300/6 Preliminary/Scher vatic Design 4.1.11 Kick off meeting with owner and existing site investigations. 1 Determine if Subsurface Utility'Engineering(SUE)is required for existing utility location purposes, 4.1,2, Basis of Design Narrative to include proposed generator size, existing power loading, equipment installation, site improvements, and fencing as applicable, 4.13, Site Survey and Geotech services performed(Sub Consultants) 42 6011/o Design Develoornent Phase 4.21, Preliminary layout of engineering services including location of equipment, devices, single line, sizing equipment, engineers probable cost, rneeting with owner. 4.2.2, Preliminary Structural and Site Civil design(Sub ConSdtants) 42-3 Prepared 60%Design docurnents for owner review. 1 One(1)electronic set of drawings in PDF format 2 One(1)electronic copy of Technical Specifications in PDF format, 3 One(1)copy of an Engineer's Opinion of Probable Construction Cost 4.3. 9,0%ConstrUction DOCI-iment Phase. 4.3.1, Prepare 90%Engineering Drawings and Specifications for final review, 1 One(1)electronic set of drawings in PDF format, 2, One(1)electronic copy of Technical Specifications in PDF format, 3. One(1)copy of an Engineer's Opinion of Probable ConstrLiCtion Cost, 4.4. 100%Construction Document Phase� 4.41 Prepare Complete Engineering DrawiNs arid Specifications for constmction 1 One (1)electronic set of drawings in POF format 2, One(1)electronic copy of Technical Specifications in PDF format CoFpor;iia Offica,00 CandacpDrive,Maitland,Flo6da 3275�1-3331 Phouff:407,74C,5420 CMat)do,k)d Myeii,5.I arnpa F1 rA 46096-Faderal C;AG r-`4 0SM",I GSA Smail Busmorgs Canbad W09HA 19DO026 1,www malern net koqWmml,ALABAMA,FLORIDA,GEORNA-NORTHCAROUNA-PEN148YI-VANIA�SOUTH CAROLINA^TENNESSEIF-7FXAS-VIROINIA Page 37 of 105 Mon roe County Generators—Fee Proposal April 26,2023 3, One(1)copy of an Engineer's Opinion of Probable Construction Cost. 45, Permit Phase: 4.5,1. Provide signed and sealed drawings and technical specifications for owner to obtain the required building perrnits- 4.5,2. Answering any Building Department permit questions andlor comments 5 Additional Services Additiona)Services Requiring Owner's Written Authoriration 5.1, Bidding Phase 52 Construction Phase 53 Post Construction Phase 5,4, Provisions of services of Consultants for architectural, structural, civil, ancVor landscaping design beyond those mentioned alcove within the General Projert Scope. 5.5 Services,to make measured drawings of existing conditions,or facilities,to conduct tests or investigations of existing conditions or facilities,or to verify the aCCUMCY of drawings of other information furnished by Owner or others. 5,6, The preparation of feasibility studies(such as those that Include projections of output capacity, utility project rates, project market dernand, or project revenues)arld cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities. 57, Additional services made necessary by changes in the scope of the work as directed by the Owner. 58 Providing services in connection with evaluating more than a reasonable,number of substitutions proposed by the Contractor and making subsequent revisions to,Drawings, Specifications and other documentation resulting there from 5,9. Project Commissioning is an independent engineering discipline, Itis the process of assuring that all systems and component of a building are designed, Installed,tested, operated, and maintained according to the operational requirements,of the Owner, (CLARIFICATION s/AssuMPTIONSIEXCLUSIONS 61, Unless specifically noted herein, services include only engineering for basic building and/or site. Special systems or studies not InClUded. 62 Mleletings(during design 2hase).: 621 Meetings: Virtual,Meetings are included and planned for each deliverable phase. Up to one (1)in person meeting Is Included during schernatic site Investigation phase If requested, If additional in person meetings are requested,they would be billed at an hourly rate as extra services 622 Job site visits: Due to existing conditions,One(1)trip for up to foui (4) persons are included for site investigations, U, E36ftpursable Exognses, 6.3 1 Ali expenses,including travel, lodging, and meals are included in the fees 64 Cost Estirriatinq: Engineer's opinions(if any)of probable Construction Cost are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry However, because Engineer has no control over the cost of labor, materials, equipmerit, or services f urnIshed by others, or over contractors'methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids,or actual Construction Cost will not vary frorn opinions of probable Construction Cost prepared by Engineer If Owner requires greater assurance as to probable Construction Cost,then Owner agrees to obtain an independent CorporateOrfice.130 Candace Dfivu,rdaffland.rivada 3275T-3331 Phormn4fll.740.5020 Nan&I FwtMyfff:,,Tarr pa R CA K)09(5'Fw'1waJCAG Err SCD3i GSA'knifli ro"toct#47M41A MUM,mirovsrotails oet, Regiomed ALABAMA,RORMA•GEORGIA,NORTHCAROLINA•PMNSYLVANIIA,SOUTN CAROHNA,TFNNFSSFF•TEXAS 4VIRGIMA Page 38 of 105 Monroe County Generators—Fee Proposal April 26,,2023 cost estimate. Engineer is not a professional Cost Estimator. 6,5, Field Verification. All existing conditions cannot and will not be shown. Items,which cannot be seen will not be verified(i,e. items in walls, behind large equipment, above ceilings,etc.)�, Items above accessible ceilings may be spot checked to verify existing condition however, all items, exact routings of conduit, piping, and/or duct, and exact circuitry, etc will not be check verified &6, Fee does not include reworking of existing power service equipment. Fee and estimate of probable cost Includes connecting and extending above systems. 6 7, The law does not require design to be 100%perfect or documents to be wholly complete, however design services do have to be sufficient It is important to realize that the purpose of the Engineer's construction documents is NOT to serve as an instruction manual showing the Coil.ractor how to assemble systems. Drawings and specifications define project scove arKidesign intent, but the Contractor's Work Plan for the means-and-methods of construction(i e. their shop drawings, schedules, subcontracts,etc,)must diefirie when and how it will be constrLcted. 68. It is assumed that all building systems required to be connected to and extended are extendable and comply with all applicable codes and/or standards Reworking of existing main equipment is riot Included In this proposal (i.e. Main Electrical Distribution Equipment) FJ r 9, Project is to be delivered in one(1)bid package with each site being it's on separate package, &10. It is assumed adequate and accurate As-Built drawings will be provided to Engineer for Engineer's,use 7. EXTRA SERVICE RATES 7 '1 MPE-Hourly Rates(If applicable for extra services or as noted)" Principal Engineer= $255,00, Sr, Proi I ect Manager/Engineer V $17U0 Engineer IV 3145 00 Project Manager $140,00, Engineer I I I Designer IV/Field Tech III /CADJBI M Support 11 $125,00, Engineer I/Designer I]I f Field Tech 111 $110,00, Designer II/Field Tech I f CAD/Bl M Tech 1 $9(100 Designer I 1 CADD Tech 1 Clerical 5 80 00 8 SUB CONSULTANTS 81 Structural Engineering design services will be provided by Select Structural. 8 2. Civil Engineering design services will be provided by CVV3 Engineering. 8,2.1 Surveying and Geotech services will be provided under C\N3 Engineering. 8,2 2, SUE utility location will be provided Under DA/3 Engineering,as necessary 8,3. It is solely for the expressed convenience of the Cwner that MPE will hire the above firm(S) as Subconsultants under this contract IMPE will coordinate its work with that of any Subconsultants but cannot provide any warranty/certifications for the accuracy of their work product, f';arpon*e Offim 130 Candace Drip r,Maitland,Floridi 3d']4N 333i Phone!10 141,5021) Orlando Foil Myr.,a,lairnpa Pt UA*06-Fadvai CAGF.-.ffijS'0D,'.1 k fw A smO Guspluss Contrad 0*110,SHA NI)602ey-wYmmmPirn nak Retiisserodl ALABAMiA-FLORWA,GEORWA•NORM CAROUNA-PENNUIVANIA•San UM GAROONA�1FNN[-,_SSF1-•TFUS-VIRGINA Page 39 of 105 Monroe County Generators—Fee Proposal Apiril 26,2023 9 F9E 91, Fee Lump Surn: Basic services Tota I Mechanical/Electrical ConstrUCtIon DOCUrnents 5286,000 (SID, DID, 90%CID, 1010%CD, Permit) Civil Engineering+Survey'/GeoTech SubG— $284,900 CW3 En2ineers Structural Engineering— $69,000, Select Structural Su bTota 1 $639,900 Non Srecific Additional Services/SUE Allowance $211 500, (Must be Approved by the county) Total $661,400 It you approve of this proposal/contract please affix your signature blelow, Please Call If You have any questions in regards to thv5 Agreement, Sincerely, MATERN PROFESSIONAL ENGINEERING,INC. Bradley Pascarella, P'E, LEEDAP Authorization to provide the above Sr Electrical Engineer/Sr Project Manager Enclineerinq Services, BP,bp Signed: Name, Title: Date: corpomte offioz.130 Candice Drive,Makland.Hod'do X2751,3331 pub Dne 407.740.5020 Nando-Fon VVov,I Tarr)pa Fl-CA 450,06,Federal(flAGE#0SCVJ30(ISA Rrnofl GmA4',uf 9970511A WDUQ26*vovmmo&%nmd Rvgilsie(,.d ALABAMA,FLORIDA,GEORGIA,N,ORYH CAROLING PENNSYLVANIA,SOUTH CAROLINA,TENNESSEE,TEXAS,VIRGINIA Page 40 of 105 ATTACHMENT C FEMA Hazard Mitigation Grant Program (HMGP) Subaward and Grant Agreement Project Number: 4337-524-R Agreement Number: H0820 Page 41 of 105 Agreement Number: H082¢ Project Number: 4337-524-R FEDERALLY-FUNDED SUBAVVARD AND GRANT AGREEMENT 2C.F.R §200.1 states that o^eubavvard may be provided through any form oflegal agreement, including an agreement that the pass-through entity considers aoonLraot^ As defined by2C.FR Q20D1. ^pass-thmugh entity" means''a non-Federal entity that provides a subavvardtoamubrecipienttn carry out part ofa Federal pmgram." As defined by2CF,R. §2OO.1' ''Sub'Reoipient^ means"anendty. usuaUybutnot|imitedtonon- Federa| entitiesthadeoeivesasubawardfmmapass-thmughentitytooarryoutpartofaFedeny| program." Ae defined by2C.F.R. §200.1, "Federal award" means"Federal financial assistance that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity As defined by2C,FR. §2OO.1. ^aubawand'' means 'an award provided byu pass-through entity tom Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to2C.F.R@2O0.332: Sub-Recipient's nam& Monroe County Bub'Reu|p|en[a unique entity identifier(UB/FBN). Federal Award Identification Number (FA|N): FEMA'OR'4337-FL Federal Award Date: January25, 2022 Gubaward Period of Performance Start and End Date: -Uponut Amount of Federal Funds Obligated by this Agreement: Total Amount nf Federal Funds Obligated to the Sub-Recipient by the pass-through entity tu include this Agreement, Total Amount oy the Federal Award committed to the Sub- Recipient bythe paso'thmughentity Federal award project description (see FFAJA) Generators Name of Federal awarding agency: Federal Emergency Management A Name of pass-through entity: FL Division of Emergency Management Contact information for the pass-through entity: Carrnen Acosta QLerq.11yfl_qiJ�da.corn Catalog of Federal Domestic Assistance (CFOA) Number and Nam& Q703A Hazard Mitigation Grant P Whether the award iaR&D: N/A Indirect cost rate for the Federal award: THIS AGREEMENT is entered into by the State of Florida, Division ofEmergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Monroe County. (hereinafter referred t000the^Bub-Reoipient') For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award. and the Sub-Recipient serves asthe recipient ofasubaward. THIS AGREEMENT |S ENTERED INTO BASED DN THE FOLLOWING REPREBENTAT|0M& A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined be|uw' and, . C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2C.F.R §200.302(a) provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds. Therefore, section 215,971, Florida Statutes, entitled"Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200. entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b As required by section 215.971(1), Florida Statutes, this Agreement includes: i A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient ie required tuperform. ii A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minirnum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance ofunub|igated funds which has been advanced or paid must be refunded tu the Division. 2 Page 43oI1V5 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refundedtothe Division c In addition to the foregoing, the Sub-Recipient and the Division shall be governed by L11 applicable State and Federal laws, rules and regulations, including those identified |n Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, ru|e, or regulation applies. (3) CONTACT a. |n accordance with section 215.971(2). Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve ao the Division's liaison with the Sub'Reo|p|ent. Ae part o[his/her duties, the Grant Manager for the Division ahaU- i Monitor and document Sub-Recipient performance;and, ii Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Carmen Acosta, Project Manager Bureau of Mitigation Florida Division of Emergency Management 2555Ghumard Oak Blvd. Tallahassee, FL32399-210O Telephone- 850'692-9458 Email: The Division's Alternate Grant Manager for this Agreement is: Kathleen Marshall Community Program Manager Bureau ofMitigation Florida Division of Emergency Management 2555Shumord Oak Boulevard Tallahassee, FL323OQ Telephone: 850-815-4503 Email- kah|eenManaha||@emmyfurido.uom 1. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Cary Knight, 1100 Simonton Street Suite 2-216 Key West, Florida 33040 Telephone: 305-292-4527 Email: knight-cary@monroecounty-fl.gov 2. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on April 30, 2023, unless terminated earlier in accordance with the provisions of Paragraph(17)of this Agreement. Consistent with the definition of"period of performance" contained in 2 C.F.R. §200.1,the term"period of agreement' refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this Agreement. In accordance with section 215.971(1)(d), Florida Statutes,the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. 4 Page 45 of 105 b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either chapter 218. Florida Statutes, nr the Florida Constitution. c. The Division will reimburse the Sub'Reuipientg]�.for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount foreaohda|iveeb|eiauut|inedinAttaohmentAofthieAgreement('BudgetandScmpeofVVurk'). The maximum reimbursement amount for the entirety of this Agreement is$396,000.W d. As required by 2 C.F.R. §20U.415(a). any request for payment under this Agreement must include a oertifioation, signed bV an official who is authorized to legally bind the Sub-ReciDient, which reads as follows� "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. | am aware that any false, fictitious, or fraudulent information, or the ornission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false atatementa, false claims orotherwise. (U.S. Code Title 18. Section l001 and Title 31' Sections 372Q'3730 and 3801-3812).^ e The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i The required minimum acceptable level uf service to be performed, and. ii The criteria for evaluating the successful completion nf each deliverable. f. The performance measure required by section 215.A71(1)(b). Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.1 as, ''a target level uf performance expressed asatangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the equirement, contained in2C,FR. §2DU328. thattheDivieionandtheSub-Recipient''ne|sdefimancia| datatuperformanueAoa|s and objectives uf the Federal avvand.^ g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2C.F.R. §200.430 ('Compenaotion--penaona| oemicea^) and 2C.F.R §200431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.C. §2O7(a)(2)). then the Division will treat the expense omo fringe benefit. 2C.F.R@2OO.431(a) defines fhngebenefitmau^oUuwanueaanduemiceepoovidedbyempluyerstutheirempluyeeaaaoumpenmatiunin addition to regular salaries and wogew." Fringe benefits are allowable under this Agreement aa long mm the benefits are reasonable and are required by |ew. Sub-Recipient-employee ageement, or an established policy qf the Bub'Recipient 2CFR §20D.431(b) provides that the cost of fringe benefits in 5 Page 46oI1V5 the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, Court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are meL i They are provided under established written leave policies-, ii The costs are equitably allocated to all related activities, including Federal awards; and. ii|. The accounting basis(cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agenoy, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2C.F.R. §200.474. Aa required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061. Florida Statutes, which includes aubm�aaionof the claim un the approved state travel Voucher. |f the Sub- Recipient seekuneimburaementfmrtrave| custuthatexoeedtheamountaatatedinuectiun112,U81(8)(b) Florida Statutes($6 for breakfast, $11 for lunch, and$1B for d|nner). then the Sub-Recipient must provide dnnumentatinnthat� i The costs are reasonable and du not exceed charges normally allowed by the8ub-Reuipientinitaregu|aroperatmnoamoreau|tuftheGub^Reoipient'mwrittentnave| pu|iuy� mnd. ii Partiuipsd�un of the individual in the travel is necessary to the Federal award. i The Division's grant manager, as required by section 215.O71(2)(o). Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the SubRebpient j As defined hy2C.F.R. §200.1. the term"improper payment" means orino|udes� i Any payment that should not have been made or that was made inan incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements, and, ii Any payment to on ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by |ew), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by2CF.R. §2OO.338. the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal owond, in order to make audito, exsminationa, excerpts, and transcripts. The right 6 Page 47oI1V5 of access also includes timely and reasonable access to the Sub-Recipient's personnelfor the purpose of interview and discussion related ho such documents. Finally, the right of access is not limited tothe required retention period but lasts au long ae the records are retained, b. As required by2C.FR 0200.332(a)(5). the Oivision, the Chief Inspector General cf the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. o As required by Florida Department of State's record retention requirements (Chapter 110. F|oridmBtatutes)endby2C.F.R. @2OO.334. thoBub-ReoipientwhaUmtainauffioientremordetoehmw its compliance with the terms of this Agreement, an well ae the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5)years from the date of submission of the final expenditure report. The following are the only exceptions ho the five (5)year requirement: I. If any litigation, claim, or audit is started before the expiration of the 5-year period, then the neonnde must be retained until all |itigation, daima, or audit findings involving the records have been resolved and final action taken. ii� When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect oosts, or pass-through entity to extend the retention period iii Records for real property and equipment acquired with Federal funds must he retained for 5 years after final disposition. iv. When records are transferred toor maintained by the Federal awarding agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub'Recipient. v, Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a ,equ|rennant, the retention period for the records pertaining to the earning of the program|nuuma starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types oy documents and their supporting records indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). Page 48oI1V5 d. In accordance with 2 C.F.R. g200 335, the Federal awarding agency must request transfer of certain records to its custody from the Division p,the Sub-Recipient when it determines that the records possess long-term retention value. e In accordance with 2 C.F.R. §200.336. the Division must always provide or accept paper versions uf Agreement information tuand from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards ogoinata|tenstion. and remain readable. f. As required by2C.F.R. §200303. the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, |ucu|. and tribal laws regarding privacy and obligations ofconfidentiality. g. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) provides the citizens uf Florida with a right of access to governmental proceedings and mandates three, basic requipements� (1) meetings of public boards qrcommissions must be open tothe public-, (2) reasonable notice of such meetings must be given, and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements, Hmwew*r, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. |fe public agency delegates the performance or its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, ifavolunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any Subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 11Q. Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well asto private entities acting on their behalf. Unless specifically exempted from d|ao|uauro by the Log|e|aturo, all materials made ur received by governmental agency (ura private entity acting on behalf of such an agency) in conjunction with official business which are used to 8 Page 49oI1V5 perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates apublic function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided byu private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives nf the Budget and Scope nfWork Attachment and all other applicable laws and regulations, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-7671 Records@e00-myflorida'com, or 2555 Shu0NaKdOak Boulevard, Tallahassee, F[- 32399- (11) AUDITS a The Sub-Recipient shall comply with the audit requirements contained in C.F.R. Part 2DD. Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles(^GAAP^) As defined by C.F.R. §200.1, GAAP"has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Stsndards ('GAGAB''). As defined by2 C.F.R. §2O0.1. GAGAS. ^a|eoknmwnaetheYeUnvvBonk, meonegenena|lyaooeptadgovernmentauditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. |fan audit shows that all nr any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (3O) days after the Division has notified the Sub-Recipient of such non- compliance. 9 Page 5VoI1V5 e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as"an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. 10 Page 51 of 105 d. K all required reports and copies are not sent tn the Division pr are not completed ine manner acceptable tnthe Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable tothe Divieion'' meanathatthemmrkpmductwoaoomp|etedina000rdonoevviththeBudgetandScnpeofVVnrk. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f The Sub-Recipient shall provide additional reports and information identified in AttachmentF. (13) M1lNITT}R|NG a. Th*Gub'Reoipienteha|| monihoribaperfhrmonoeunderthieAgreament. aewe|| as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule ofDeliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement and reported in the quarterly report. b. |n addition to reviews mfaudits, monitoring procedures may include, but not belimited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division (o the Sub-Recipient regarding such audit. The Sub-Recipient further agrees ho comply and cooperate with any inmpe«Lions, rev|ewa, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. |n addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion uf all tasks. (14)LIABIITY a. Unless Bub-Recipient is State agency orsubdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising frorn the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that itia not an employee pr agent nf the Division, but ison independent contractor, b. As required by section 768.28(1A). Florida Statutes, any Sub-Recipient which is o state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.2B. Florida Statutes. Nothing herein is intended to serve asa waiver of 11 Page 52oI1V5 sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising Cut of any contract. (15)DEfAVJLT |7 any of the following events occur('EventaofOefault") all obligations un the part ofthe Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (18)� however. the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: s. Any warranty or representation made by the Sub-Recipient in this Agreement nrany previous agreement with the Division |eur becomes false ur misleading |n any respect, or|f the Sub- Recipient fai|stnkeeporperfnrmanyqfthenb|igationm. termsorcqvenantointhimAgreementorany previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement b. Material adverse changes occur in the financial condition of the Sub-Recipient at any tirne during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty (30) days from the date written notice ie sent by the Diviaion� o. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete orinsufficient |nformut|on� or, d. The Sub-Recipient has failed to perform and complete on tinne any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty(30) calendar days written notice to the Sub-Recipient and upon the Sub'Recipient'u failure tu cure within those thirty (30) days, exercise any one pr more of the following remedies, either concurrently nrconsecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(3O) days prior written notice of the termination. The notice shall be effective when placed in the United States, first o|ows mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein� b. Begin an appropriate legal or equitable action to enforce performance of this Agreement-, o. Withhold or suspend payment of all or any part ofa request for payment, d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e� Exercise any corrective or remedial actions, to include but not be limited to 12 |. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii Issue o written warning to advise that more serious measures may betaken if the situation ia not corrected, iii Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv� Require the Sub-Recipient to reimburse the Division for the amount ofcosts incurred for any items determined tobe |neUg|Me� if Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in tMaAgeemerkor%aUato |naietonetriutperformanoebytheSub'Reu|p|ent. itw|Unutaffeut. extenUur waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Bub-Reoipient, (17) TERMINATION a. The0v|a|onmoyterm|nutetMaAgeamar8forcsueeafterth|rtY (3O) duyavvr|tten notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the rurtherexpend|tueoyfunda. byprov|d|nAtheSub^Reo|p|entw|thtMrty (3O) om|endarUay'spr|orvvr|tten notice, o. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date ufthe termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will bedisallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18) PROCUREMENT 13 Page 54oI1V5 a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state |own and nsQu|ationo, to include 2 C.FR. §§2OO.31B through 2O0.327oe well aa Appendix || to2C F.R. Part 200 (entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Aworda^). b As required by C.F.R. §200.318(i)^ the Sub'ReoipientehoU "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following� rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract phoe." o. As required by C.F.R. #200318(b). the Sub-Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, oonditions, and specifications of their contracts or purchase orders.^ |n order to demonstrate compliance with this requirement, the Sub- Recipient sha|| document. initsquarter|ynepodtotheOivision. 1heprogneasofanyanda|| suboonteotnrs performing work under this Agreement. d. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-Recipient nmrm|eea against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, tu the extent allowed and required bylaw, e. As required by C.F.R. §200.318(u)(1). the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration ofcontraoa.^ f, 4e required by2 C.F.R. §200310(o) the Sub-Recipient shall conduct any procurement under this agreement"m o manner providing full and open competition." Accordingly, the Sub-Recipient shall riot: i Place unreasonable requirements on firms in order for them to qualify todo business', ii Require unnecessary experience or excessive bonding, iii Use noncompetitive pricing practices between firms or between affiliated companies, iv� Execute noncompetitive contracts to consultants that are onretainer contracts-, V. Authorize, condone, or ignore organizational conflicts pfinterest; vi Specify only a brand name product without allowing vendors hn offer on equivalent, 14 vii Specify obrand name product instead of describing the performance, apeuificatiuna, or other relevant requirements that pertain to the commodity or service solicited by the pnzcunement� Nii Engage in any arbitrary action during the procurement process" or, ix. Allow a vendor to bid ono contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for pvupuea|a. g. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub'Recipient. aa required by2C.F.R. §2OO.31Q(d. shall not use o geographic preference when procuring commodities or services under this Agreement. h. The Gub'RecipientehaU conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2C.F.R. §20O.320(d) as well as section 287.057(1)(a). Florida Statutes. i The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(2) as well as section 287.057(1)(b). Florida Statutes. j For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority bueinessea, wumen'a business enterprises, and labor surplus area firms'). k. If the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall review its competitive solicitation and subsequent contract to be awarded for compliance with the procurement standards in2C.F.R §§2OO.318 through 200327and required contract provisions in Appendix ||tn2C.F.R Part 2OO. |Ythe Sub-Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procurement standards in2CF.R §§200318 through 2D0.327or the requirements of Appendix ||to2C.F.R Part 2UU. then the Sub-Recipient iaon notice that the Division may� a) Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above, or, b) Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. | FEMA has developed helpful resources for subgrant recipients related to compliance with the Federal procurement standards in2C.F.R §§20O.31B through 200327 and required contract provisions in Appendix || to2C.F.R Part2UU These resources are generally available at 15 Page 56oI1V5 (19) ATTACHMENTS a. All attachments to this Agreement are incorporated aaif set out fully. b. |n the event of any inconsistencies or conflict between the language ufthis Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict orinconsistency. o. This Agreement has the following attachments: i Exhibit Funding Sources U. AttachmentA—BuUgetand Scope ofWork iii Attachment B—Program Statutes and Regulations iv AttachmentC—BtytementofAssunsncen V. Attachment O—Request for Advance orReimbursement vi AttachmentE—JustificationofAdvanoePayment vii AttaohmentF—Quarter|yReportForm viii AttauhmentG—VVarnantiesand Representations ix AttauhmentH—CertificationRegordingCeborment x. Attachment | —Federal Funding Accountability and Transparency Act A. Attachment —Mandatory Contract Provisions xii� AttachmentK—CertifioationRegardingLobbying (20) P/AMNE4DS a. AnyodvanoepaymentunderthisAgreementisoubjectto2C.F.R. #2OO.3O5ond' as applicable, section218.181(1O) Florida Statutes. All advances are required tobe held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing ifareimbursement has been paid prior to the submittal ofa request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project orservices. The final invoice shall be submitted within sixty (8O) days after the expiration date of the agreement. An explanation of any circu'rnstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. o. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division 10 Page 57oI1V5 to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty C30 days uf receiving notice from the Division. (21) REPAYVENTS a All refunds or repayments due to the Division under this Agreement are to be made payable tuthe order of"Division of Emergency Vanagemert', and mailed directly to the following address-. Division of Emergency Vanagemen1 Cashier 2555Bhumord Oak Boulevard Tallahassee FL323O8-21UO b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check ur draft, whichever iagreater. (22) VANDATED CONDITIONS a The validity*f this Agreement io subject to the truth and accuracy of all the infnrmaUon, napresentatimnn, and materials submitted or provided by the Sub-Recipient in this Agneement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said informotion, representations, and materials are incorporated by reference. The inaccuracy nf the submissions mr any material changes shall, at the option ofthe Division and with thirty (30) days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out ofthis Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. o. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-330. 42 U.S.C. Seotiun121O1 et seg.), which prohibits discrimination by public and private entities on the basis nfdisability in empinyment, public accommodations, tnsnsportzdinn. State and local government services, and telecommunications. e. Those who have been placed un the convicted vendor list following a conviction for m pub|icentityurimeurunthediscrimi2ato[y,vendur|ietnouynotsubmitabidunaountnyuttuprov|deany goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 17 Page 58oI1V5 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list oron the discriminatory vendor list. f. Any Sub'Ronipientwhioh is not local government or state agenoy, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals nraffi|iaten� i Are not presently debarred, euopended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified from covered transactions by a federal department or agency-, ii Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud ora criminal offense in connection with obtaining, attempting toobtain, or performing a public (federal, state or local)transaction or contract under public transaction-,violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false ntatements, or receiving stolen property, iii Are not presently indicted or otherwise criminally or civilly charged bya governmental entity (federa|, state or local)with commission of any offenses enumerated in paragraph (22)f. ii of this uertifivatiun� and. |v. Have not within a five-year period preceding this Agreement had one mrmore public transactions(federal, state or local)terminated for cause or default. g. In addition,the Sub-Recipient shall send bo the Division (by email orby facsimile transmission)the completed"Certification Regarding Debarment,Suspension' Ineligibility And Voluntary Exclusion"(Attachment H)for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into o contract with any subcontractor. h The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject tuthe provisions of chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. i If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Divisions obligation to pay the contract amount. j The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in R U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ('|NA^)] The Division shall consider the employment by any contractor of unauthorized aliens a violation 18 Page 59oI1V5 of Section 274A(e) of the |NA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. k. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase ofor improvements to real property aneconUngentupmntheuontracto/orpu|it|ou|aubd|v|a|on granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law, i The Division may, at its option, terminate the Contract if the Contractor is found to have submitted o false certification aeprovided under section 287.135(5). Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Byria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott ofIsrael. (23) LOBBYING PROHIBITION a. 2C�F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, ora state agency." c. No funds or other resources received from the Division under this Agreement maybe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency, d. TheSub'Reuipientcertifies. byiteeignaturetpthisAgeement. thattothebeatofhin or her knowledge and belief: i No Federal appropriated funds have been paid or will be paid, byoron behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, en off iceror employee of Congress, oran employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment nr modification of any Federal contract, grant, loan or cooperative agreement. ii If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member cf Congress, an officer ur employee uf Congress, oran employee of a Member of Congress in 19 Page 6VoI1V5 connection with this Federal contract, gent, loan or cooperative agnaement, the Sub-Recipient shall oompleteandaubmitBtandardFonn'LLL "Oiac|osuneofLobbyngAoivitiea.^ iii The Sub-Recipient shall require that this certification be included inthe award documents for all subawards (including subcontracts, subgrants, and contracts under grants, |oona, and cooperative agreements) and that all Sub'RecipientsahaU certify and disclose. iv This certification is a material representation of fact upon which reliance was placed when this transaction was made nr entered into. Submission cf this certification inaprerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S1O.00O and not more than 81UU,OOU for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED nOTHE STATE OFFLORIDA;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR|N CONNECTION WITH THE PERFORMANCE OFTHIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT nO THE STATE QF FLORIDA. o. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements tuthat pre-existing patent orcopyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or|n any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved tothe State of Florida. If any books, manua|a. U|mo, or other oupyr|ghtab|e material are produced. the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. n. VWthinthirty (3O) doyenfexeoutionnfthisAgreement. the8ub-ReoipientehoU disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise toa patent orcopyright. The Sub-Recipient shall retain all rights and entitlements toany pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23. Florida Statutes, any invention conceived exclusively by the employees nf the Sub- Recipient ohaU become the sole property of the Sub-Recipient. In the case nfjoint inventinne, that is 20 Page 61oI1V5 inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division ahuU retain perpetual, irrevouob|e, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient tn the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. |n accordance with 41 C.F.R. §6U-1.4(b). the Sub-Recipient hereby agrees that itwill incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary ofLaburat41 C.F.R Chapter 80. which ia paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant. contract, |oan, ineunanms, or guarantee, the following equal opportunityokyus& During the performance of this contract, the contractor agrees omfnUnwa� i The contractor will not discriminate against any employee or applicant for employment because of race, oo|nr, ne|iginn, sex' sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are emp|oyed, and that employees are treated during employment without regard to their race, color, re|igion, oex, sexual orienbdion, gender idenUh/, or national origin. Such action shall include, but not be limited tu the following: Employment upQrading, demotion, or transfer, recruitment or recruitment adverUming� layoff prtermination, rates of pay or other forms nf onmpensatinn� and selection for training, including apprenticeship. The contractor agrees hm post in conspicuous p|enea, available to employees and applicants for employment, notices tobe provided setting forth the provisions of this nondiscrimination clause. ii The contractor will, in all solicitations or advertisements for employees placed byorun behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to naoe, oo|or, re|iginn, nex, sexual orientation, gender identity, or national origin. |ii The contractor will not discharge urin any other manner discriminate against any employee ur applicant for employment because 21 such employee orapplicant has inquired abuut, discusned, or disclosed the compensation of the employee applicant or another employee or applicant. This provision shall not apply ho instances in which on employee who has access to the compensation information o[other employees or applicants aaa part cf such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who du not otherwise have access to such infbrmation, unless such disclosure ioin response toa formal complaint or charge, in furtherance of an invemtigetion, pmoaeding, hearing, or aotion, including an investigation conducted by the employer, oria consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has o collective bargaining agreement orother contract or understanding, a notice tobe provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available tn employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246of September 24. 1A05. and of the rules, regulations, and relevant orders of the.Secretary ofLabor. vi The contractor will furnish all information and reports requiredby Executive Order 11246of September 24. 1A05. and byrules, regulations, and orders oy the Secretary of Labor, or pursuant thereto, and will permit access to his books, p*uurde, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such ru|em, regu|ot|nna, and orders. vii |n the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regu|sdiona, or orders, this contract may be canoe|ed, tenn|nzded, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 1124Oof September 24. 1Q05. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246of September 24. 1A05. orby rule, regulation, or order ofthe Secretary ofLabor, orasotherwise provided by law. viii The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions ofparagraphs (1)through (G) in every subcontract or purchase order unless exempted by rules, regulations, ur orders of the Secretary of Labor issued pursuant tm section 2O4pf Executive Order 11240of September 24. 1A65. onthat such provisions will be binding upon each subcontractor orvendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct aao means of enforcing such pmvieiona, including sanctions for noncompliance: Provided, however, that in the event contractor becomes involved in. or |e threatened with, litigation with a subcontractor ur vendor aau result u? 22 Page 63oI1V5 such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate|n work onor under the contract. o. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor Such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246uf September 241g65. with acontractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and Subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend inwhole or in part this grant(contract, |oon, inounanue, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: |. Contractor The contractor shall comply with 1OU.S.C. §O74. 4OU.8.C. O3145. and the requirements of2SC.F.R pt. Dna may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses ao the FEMAmay by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. 23 Page 64oI1V5 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds$100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds$150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 24 Page 65 of 105 |ii This certification |a a material representation of fact relied upon Uy the Division. Ifb |o later determined that the contractor did not comply with 2C.F.R. pt. 180. Subpart and 2 C.F.R. [t. 3000. subpmrtC. in addition to remedies available tothe Division, the Federal Government may pursue available remedies, including but not limited tosuspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements oy2C.FR. pt. 18O. subpart C and 2C.F.R. pt. 3OOO. subpart C while this offer ie valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include o provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following c|auoe� Byrd Anti-Lobbying Amendment, 31 U.S,C. §1352(as amended). Contractors who apply or bid for an award n[$1DO.0D0nr more shall file the required certification. Each tier certifies to the tier above that itwill not and has not used Federal appropriated funds tn pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member uf Congress, officer or employee uf Congress, oran employee ufa member of Congress |n connection with obtaining any Federal contract, grant, or any other award covered by31 U.S.C. §1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier tn tier uptnthe recipient. If this subgrant agreement amount is$100,000 or more, the Sub-Recipient, and subcontractors as applicable, shall sign Attachment K—Certification Regarding Lobbying, (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2C.F.R. Q2OO.321 the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever Lossible: i. Placing qualified small and minority businesses and wnmon'ebusiness enterprises on solicitation lists-, |i Assuring that small and minority businesses, and mmmen'obusiness 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 bua|neaaes, andwnmen'a business enterprises, m 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 aipiproU2ria1e, mf such organizations ae the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. and vi, Requiring the prime oontractor, if subcontracts are to be |et, to take the affirmative steps listed in paragraphs i throughv. of this subparagraph. b. The requirement outlined in subparagraph a abmvo, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract Lo these types offirms. Rather, the requirement only imposes un obligation tu carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take"the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority busineasea, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g "project splitting"), (53) ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as AttoohmentC' 26 Page 67oI1V5 INVATNESS WIEREOF,the psnWs herato have eXeMted Ne Agrap.rnavll, SUBMMEM-I'Mpflu 9-f�goty--.- ATTES-11, Ke'vir MadoK,Clerk °k Zz�!IQ 01 ly r c Name and Tittls� 07V o:r"E a,v i d-P i e ................ Date- FEDM 59-5000749 APPROM ASTO r-Dw 11 klcf *I'MiA �Ilmll rl DATE -.,ljjj-2D2 STATE OF FLORIDA DIVIVON OF EMERGENCY MANAGEUENT Laura Dhuwe ....................... l4ame,and .................... 01-AUG-2022 Page 68 of 105 EXH'IMT-1 I-HE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO TFIE SUB-RECIPIENT UNDER THIS AGREEMENT Federal Program Federal ageticy, Federal Emergency M_unagement Agegncv:Hazard Mitigation Grant Catalog of Federal 00illeStIc Assistance title and nUrnber 97.039 Awa,rdnirriount, §396,01WO THE FOLLOWINGCOMPLIANIGE REOUREMENTS APPLY 1-0 THE FEDERAL RESWIRCES AWARDED LINDER THIS AGREEMEtTr a 2 GF"R. Part 200 Unifotrri Adminirs[rative Requiternents,Cost Principles,and Aijcfit Require nie tits for Federal Awards A I Ve Robert r Stafford Disaster ReW and Emergency Ass[sfance Act,Pubik Law 93-286,F.1,s amended, 42 U 8 C 5121 et seq.,and Related Mthorities 6 SectQns 1361(A)of the National F Uood unsurance Act of 1968,42 U S G 4104c,as arine inded by the NationaV iFlood Reform Act of 1994, PuNic Law 1103-3215 and One Bunning-Rereutet- Rhjmcarjac,er Flood Insurance Reform Act of 2004, Public Law 108-2(34 0 31 C,F,R, Part 205 Rule-,and Procedures for Fundrs Transfers Federal Program: 1 Sub-Recipierq is tarn ease funt.hrig to perform the foflowing eligible actimlies 0, Gel-aeratorstC FC ticalFacglities 2 Sub-Recipient is subled to all administratwenridl hrianciall requirements as set forth in tN� Agreement,or wril be in violation of the terms ant the Agreemern 28 Page 69 of 105 Attachment A Budget and Scope of Work 51ATEKED T OF PURPOSE: The purpose of this Scope of Work is to provide protection to County Critical Facilities,in Monroe County,Florida,funded through the Hazard Mitigation Grant Program(HMGP) DR-4337-524-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency(FEMA), The project is for the purchase and installation of an emergency system to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards, 'The Sub-Recipient,Monroe County,shall conduct Phase I—Design of this project,which includes the engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub-Recipient shall complete the Phase l work in accordance with all applicable federal,state and local'laws, regulations and codes, PROJECT OVERVIO: As a Hazard Mrtigation Grant Program(HMGP) project,the SUb-Recipient shall provide backup power to forty-five(45)critical facilities,within Monroe County, Florida. The scope of work is for Phase l only,which includes but is not limited to surveying,engineering, design,plan*preparation,permitting and bidding for the proposed project,for Phase 11 approval, No construction activities for this project have been approved. When completed, the Sub-Recipient shall provide deliverables for, Phase ll review of the following proposed activities. The design proposed for Phase 11 scope shall include purchasrng and installing twenty-one (21) permanent generators with capacities ranging from 30kW to 225kW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities, along with necessary automatic transfer switches (ATS), wiring and other installation requirements- The, project also includes the purchase of fourteen (14) portable generators with capacities ranging from 5OkW to 750kW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities, and the necessary support equipment and fueling tank to be deployed at a total oftwenty-four(24)critical facilities, In addition,the project includes purchase and installation of two 5,000-galion fuel tanks to be installed at the Monroe County Sheriff's Office Headquarters to provide increased run time before being refilled The permanent:generator(s) shall be protected against a 500-year flood event by implernenting specific activities or by locating the generator(s) outside the Special Flood Hazard Area (SFHA) and shall be protected against wind with a rated enclosure based on its location requirements. Activities shall be completed in striict compliance with Federal, State and Local Rules and Regulations. The portable generators shall be stored at a location protected against a taco-year flood event or located outside the SFHA and shall be protected against wind with a rated enclosure based on 2q Page 70 of 105 its location requirements, Activities shall be completed wn strict compliance with Federal,State and Local Rules and Regulations- The diesel fuel tanks shall be buried underground at a sufficlent depth to protect against flooding threats and consistent wdh VE Zone flooding risks such as damage from wave action and inundation of critical components.Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations, Project Locations(Permanent Generators): ID# Faci I ity Location i M � Cooindinates Monroe County Public 111 Overseas Highway, 35 (24590688,- Works&Garage Facility- Key West,Florida,3�3040 5,1,68113-1) Rockland K 2) Monroe County Say,5hQre 5200 College Road, Manor Assisted Living Key West,Florida 33040 51,749536) Facility 3) Monroe County Cudjoe 20950 Overseas Highway, '100 (24.664437, -Sheriff's Substation Cudjoe Key,Florida 33050 81,$06318) 4) Scout Key�West N/A 80 (24.65,0691,- Summerland Emergency 8 1,309598) Communications Tower 5) Marathon Key Emergency 2796 Overseas Highway, 30 (24-71,2303,. ClommunilcaPons"Tower Marathon,Florida...33105-0. 6) Monroe County Public 10500 Aviation Boulevaitd, 35 (24131443,- Works Yard,-Marathon Marathon,Florida 33050 04111228) 7) Plantation Key Public 87831 Overseas,Highway, 85 (24.9691172,- Works Garage Islamorada,Florida 33036 80,558801) 8) Tavernier Fire Station 151 Marine Avenue, 175 (25.01064,- Tavernier, Florida 33070 80,5,1732 ..................... _mm 9) MQn'roe County Plantation 300 Magnolia Street 125 (25.099587,- Key/Magnolia Public Works Key Largo,Florida 331070 80A32490) Yard 10) Key Largo/Andros Road N/A 35 (25.1�66866,- Emergency 80274706) Communications Tower 1 1) Marathon Government 2796 Overseas Highway, 1 225 (24111168,- Center(EGG),. Marathon,Florida 33050 81,09721 8 1 12) Monroe County Fleet 10500 Aviation Boulevard 120 (24-730975,- Garage Marathon,Florida 31310150 81.014 1 13) Monroe County Sheriff's '31 030 verseas Highw ay, 100 (24 71 03 42,- Office Marathon Substation Marathon,Florida 33050 81.096018) 14), Layton Volunteer Fire 68260 Overseas,Highway, 35 (24,824953,- Department#18 Long Key,Florida 33001 1 80,814501) 15 Layton Volunteer Fire 6,8260 Overseas Highway, 35 24.825284 Department#18 Living Long Key,Florida 33001 �60,814274) Quarters .......................- ............ .... ......... .................... ........... .............. 30 Page 71 of 105 ...... .......................................................... 16), Lower Sugarloaf Fire 17175 Overseas Highway, j 35 (24.647249,- Station#10 Summerland Key,Florida 1 81.564237) 330,42 17) Big Coppitt Fire Station#9 28 Emerald Drive, '150 Key West,Florida 33040 81.655732) 181 Cudjoe Solid Waste NIA 35 (24.677533,- Transferr Station 81,506843) 1 19) Long Key Solid Waste NiA 3 1 5 (248211925, - T ra ns fe r Sta to o n ley'La'argo"8-'o' l'i d-'W" aiste, NIA 35 (25.237378'- �80,325045 Tran5ferStation 21 Monroe County Fire 5603 Overseas Highway, 100 (24,752268,- Acaderny Marathon,Florida 33050 80,976992) Project Locations(Portable Generators): ......................................................................... .......... .. C ID# facili LO'cation k oordinates W' ty ,Florida Keys Marathon 9,000 Oversea5 Highway, 750 (2 4,725041 ln,tl,e,r,nalftpnal.,Ai,rpor,t Marathon,"Florida 33050 81�051538.. .......................................... 2) Key West International 3491 S Roosevelt 750 (24553175, - Airport Boulevard,, 81-754293) Key West,Florida 3$0410 3) Marathon Middle High 350 Sombrero Beach 400 p4,704423, - School Road,Marathon,Florida 81.077336) 33-050 4) Coral Shores High 869bi 61d Highway, 200 (24-994451, i School! Tavernier,Florida 33070 80,537795) 5) Key West High School 2100 F6agler Avenue, 200 (24,553902,, - N�qy"W�s(,'Tlorida 33040 81,,,,77,7839 erseas 656 Key Largo Schoo� ....... . ................................. ��5.154 6) 104801,Ov Highway, 80.387795) Key Largo, Flo,ri,da.330,37 ...................................... Sugarloaf School 255 Crane Boulevard, 100 (24.660750, - Upper&IgSdoaf Key, 81.529E Florida 33042 8) j Horace O'Bryant 1105 Leon,Street, -I bo (24.557278, School Key Wast-,Florida 33040 81,787271) 9) Plantation Key Uhool 100 Lake Road, 100 (24,991372, - Talvennier, Florida'330701 80.540916) 10) i Gerald Adams 5855 College Road, 100 (24.581069, - Elementary School J Key West,Florida 33040 811.745057) 11), Poinciana Elementary 1407 Kennedy Drive, 501 (24-563070, - School Key West, Florida 33040 81-766213) 12 Stanley- Switlik 3400 Overseas Highw%, 501 (24113068, Elementary 81.0941,87) Marathon, Florida 3305C .......... 31 Page 72 of 105 13) Pines Park 3501 S Uth Roosevelt 50 (24.552182,- Boulevaord, 81.755269) Key West,Florida ............. 14) Bernstain Park......................... 67 1 51 5th St I reet,' '1 50 (24.567871, - Stock Island, Florida 81.740601) 33040 15)..., 5) Big Pine Park(M&)............... 310'66Aflantrs Drive, Alternative (24Z77981,- Big Pine Key, Florida site 81.347034) 33043 16) Islamorada County 81830 Overseas Highway, Alternative (24-917583,- Library Islamoracia, Florida 330316 Site 80.636894) 17) Jerry Ellis Building 86820 Overseas Higihway, Alterative (24.979939,- Tavernier, Florida 33070 Site aq.549T8T) 8, ' ........... 88,20 a Overse 'sHigl'i'w'a-y',"" After'r'i'ative 04.9,80193, - Courtho-u-5e Tavernier,Florida 33070 Site 80,551172,) '1 9) Harry Harris Park (MC) 50 Beach Road, Alternative (25.027124, - Key Largo, Florida 33037 Site 80A93304) 20) key Largo Community 500 St Croix Place, Alternative (25.092774,, - PaO, S fte 80,438�750), KeyL rg a 9, Florida 33037 ......... 21) Firie'n'dship Park Key 69 Hibiscus Lan%�", Alternative (25.111668, - Largo I Key Largio, Florida 33037 Site 80.422712) 22) Baypoiint(Saddlebunch 5 W Circle Drive, Alternative , (24-627896,- Keys)(MIS) Key Wept,Florida 33040 Site 81.593642) 231 College of the Florida 5901 College Road, Alternative (24583603, - 'Key"Yyqst,'Flonda 33040 S,ite, 811 24) Mobile Generator 3583 S_Roosevelt Alternative (24.553496,- Support Equipment Boulevard, Site 81,752979) Keyr West,Florida 33040 Project Locations(Fuel Tank): ............... ............ jP_j Facilj ...................__............ Location Coordinates ................ ...................... ........................... 1) Monroe County Sheriff (24,576859,- 's 5525 College Road, Office;Headquarters Key West, Florida 33040 a,11.75,21,28) Tank 2 (24.576381, - 81-752159) TASKS&DEUV51i A) Tasks. 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient: shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all Federal and State Laws and Regulations, All procurement activities shall contain sufficient source docr,wmentation and be in accordance with,all applicabie regulations. 32 Page 73 of 105 The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Reciplent and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure work*rte for the duration,of the work, The contractor shall maintain all work staging areas in a neat and presentable condition, The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended,from participating in federally funded projects, The selected contractor shall have a current and valid occupationa,l licensel'business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process, This shall include a rationale for the method of procurement and selection of contract type,contractor selection and/or rejection and bid tabulation and listing,and the basis of contract pricer The Sub-Recipient shall provide an executed"Debarment,Suspension,Ineligibility,Voluntary Exclusion Form"' for each contractor and/or subcontractor performing services under, this agreervent. Executed contracts with contractors andlor subcontractors shall be provided to the Division by the Sub-Recipie nt within 10 days of execution, The Sub-Recipient shall provide copies of professional licenses toy,contractors selected to perform services, The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor, 2) The Sub-Recipient shall monitor and manage the Phase I portion ofthis project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA, The Division and FEMA shall render a Phase 11 determination upon completion of the review of Phase I deliverables, No construction activities are approved at this time. The SUb-Recipient shall ensure that all applicable state, local and federal laws and regulations are, followed and documented,as appropriate, Phase I consists of feesu for conducting survey, study, engineering, design, public notices, and/or permitting associated with the design of the Generator(s,).. Verification shall be necessary for determining project eligibility for Phase II. All!Phase I work shall be completed in accordance with all applicable state, local and federal taws and reguilations and documented,as appropriate. Upon completion of the work, the Sub-Redpi,ent shall schedule and participate in a final inspection of the completed project by the locale municipal or County building department (official), or, other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub recipient prior to Sub- Recipient's submittal of the final inspection request to the Division. 33 Page 74 of 105 Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include-, a) Copy of permit(s),notice of commencement, by Two sets of engineering Signed/Sealed final design plains and analysis,and Surveying. c) Revised cost estimate for Phase 11 —construction (include Phase I costs), to implement the design project. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e) All Product Specifications, / Data Sheet(s) (technical standardsi satisfying protection requirements an all products to be utilized, f) Color maps including topographical,aerial,and ground disturbance for each location. g) Color photographs of the project area, h) Proof of compliance with Project Conditions and Requirements contained herein, 0) During the course of this agreement, the Sub-Recipient shall subi"nit request,$ for reimbursement, Adequate and complete Source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work;however,a partial reirnbursement may be requested, The Sub,-Recipient shall submit an Affidavit signed by the SUb-Recipient'G project personnel with,each reimbursement request attesting to the completion of the work,that disbursements or payments were made in accordance with all agreement and regulatory conditions,and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supportirig documentation shall agree with the requested billing period, All COMS, submitted for reimbursement shall contain adequate Source documentation which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and Subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges, submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills,invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Sub-Recipient Management Costs(SRMC)expenditure must adhere to FE MA Policy#104- 11-1 H,MGP Management Costs (Interim) signed November 14, 2018. FEMA defines management costs as any' Indirect costs, Direct administrative costs, and other administrative expenses associated with a specific project. Administrative costs are expenses incurred by a Sub-Recipient in managing and administering the federal award,to ensure that federal,state requirements are rnet including-, solicitation, development, review, and processing of sub-applications, delivery of technical assistance, quarterly progress and fiscal reporting;project monitoring,technical monitoring',compliance activities associated with 34 Page 75 of 105 federal procurement requirement% documentation of quality of work verification for quarterly reports and closeout; payment of claims; closeout review and liquidation and records retention, Any activities,that are directly,related to a project are not elligible under management costs. For example,architectural,engineering,and design services are project costs and cannot be included under management costs. $imilarly, construction management activities that manage, coordinate, and supervise the construction process frown project s,coping to project completion are project costs These activities cannot be included under managernent costs. Due to Strategic Funds Management (SFIA), SRMC interim Policy requires management costs to be obligated in increments sufficient to cover Sub-Recipient needs,for no more than one year, unless contractual agreements require additional funding. FEMA has,established a threshold where annual increments will be applied to larger awards allowing smaller awards to be fully obligated- Obligations will be handled by the size of the total subaward. The Sub-Recipient shall pre-audit all SRMC source documentation — personnel, fringe benefits, travel, equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the funds will be used for. Documentation shall be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form, and all Personnel or Contractual RMC shall be invoiced separate from all other project costs. ProjectManagement Expenses (only applies to disasters prior to August 1, 2017, all others adhere to FEMA Policy #104-11-1 for SRIVIC): The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc- Documentation shall be detailed information describing tasks performed, hours devoted to each task,a nd the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records, Employee benefits shall be clearly shown, The Division shall review all submitted requests for reimbursement for basic accuracy of information- Further,the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the, approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third-party in-kind services, if applicable, shall be conducted by the Division in coordmation with the Sub-Recipient. Quarterly Reports shall be submitted,by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement, The Sub-Recipient shall submit to the Div,ision,requests for feimbUrsernent of actual Phase I costs related to the project as identified in the project application,and this scope of work, The requests for reimbursement shall include; a) Contractor,subcontractor,and/or vendor invoices which clearly display,dates,of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; t°1) Proof of payment,from the Sub Recipient to the contractor,subcontractor,andlor vendor for invoiced services-, 35 Page 76 of 105 c) Clear identification of amount of costs being requested for reimbursement asweil as costs being applied against the local match amount. The$ub-Recipient's Request for Reimbursement shall include the final Phase I project cost, Supporting documentation shall show that all contractors and subcontractors have been paid 8) Deliveraibles: Mitigation Activities consist of Phase I activities,which include engineering, designing, plans preparation,permitting and bidding for the proposed project,for Phase 11 reviewlapproval,to provide backup Power to forty five (45) critical facilities within Monroe County, Florida by purchasing and installing twenty one(21)pen manent generators with capacities ranging from 3OkVV to 2250V and purchasing fourteen d14) portable generators with capacities ranging from 50kVV to 750kVV, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately Support the critical facilities- The project also includes purchase and installation of two 5,000-gallon fuel tanks to be installed at the Monroe County Sheriff's Office Headquarters to provide increased run time before being refilled. The generaitor(s)shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s)outside the FHA and shall be protected against w0d with a rated enclosure based on its location requirements, Activities shalt/ be completed in strict compliance with Federal,,State and Local Rules and Regulations. Theportable generators shall be stored at a location protected against a 500-year flood event or located outside the SFHA and shall be protected against wind with a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion, PROJECT CONDITIONS AND RgoUIREMENTS. C) Enn . inp9ring: 1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to complete the project, 2) Design documents shall provide a detailed description that includes spe6fics on project scope of work,depth and extent of ground disturbance at all proposed construction locations of the project- a) Submit a refined cost estimate,to include Phase I Fees and Phase 111 Constriuction Materials and Labor, 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications andfor drawings elaborated to design this project, 5) The Sub-Recipient shall submit all Product Specifications I Data Sheet(s) (technical standards)satisfying protection requirements o,n A products utilized, D) Environmental, 36 Page 77 of 105 1) Any change to the approved scope of work shall Yequire re-evaluation for compliance wall NEPA and other Laws and Executive Orders. 2) Acceptance of federal funding requires the Sub-Recipient to comply with all federal, state, and local laws, Failure to obtain all appropriate federal,state,and local environmental permits and clearances may jeopardi?e federal funding. 3) Meet all required Environmental taws and policies, and all necessary Environmental compliance documents shall be obtained as applicable, a) United States, Army Corps of Engineers (USACE): Consultation with the USACE is required, A permit or No Permit Required shall be submitted. 4) Historical Preservation compliance documents shall be- obtained, Review documentation reciiuired: a) Color maps,including topographicali and aerial with the project location clearly marked.. b) Color photographs of any area with ground disturbance(electronic), c) Indicate if project site is located within ai designated historic district or historic neighborhood, 5) Tribal Consultation shall be required for proposed ground disturbing activities, The following documents,shall be required and Submitted as part of deliverables.- a) Color ground disturbance maps,showing the NO extent of the project footprint and depth of ground disturbance, Geographic latitUdeltongitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work of,historic uses for the proposed location. d) Any available studies that rnay have taken place on the property, 6) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEW before Phase III is considered. 7) No construction work may begin until Phase 11 is approved by the Division and FEMA, E) Prog rain niatic� 1) The SUb-Recpent Must notify the Division as -soon, as significant developments become known,such as delay's or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion 2) The Sub-Recipient Must"obtain prior written approval for any budget revision which would result in a need for additional funds"[44 CFly 13(c)J,from the Division and FEMA 3) 'The Division and FEMA shall approve a change in the scope of work in advance,regardless of the impact to the budget, 4) Project is approved with the condition that the enclosed list of deliverables shall be subrnfted 30 days prior to the Period of Performance date,for review and approval by the Division,for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in 37 Page 78 of 105 writing and submitted, along with Substantiation of new expiration date and a new schedule of work, to the Division, a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA, 6) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206,191, 7) A copy of any executed subcontract agreement must be forwarded to the Dlvlsllon within 10 days of execution. 8) Phase I .- Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date,for review and approval by the Division, for submittal to FEMA before Phase 11 - Construction is considered, 9) When Phase I is completed, the Sub-Recipient Must Provide 100% completed designs, calculations,a full!set of signed and sealed plans and,permits for a Phase 11 review. A final BCA using developed technical data and study results will take place- The data inputs,to the final BCA for Phase 11 approval,must be based on the inputs and outputs of a hazard related Study such as erosion, Hydraulic & Hydrologic study, damage calculations, road Closures, etc, No assumptions or historical damage will be acceptable for final EICA of Phase It approval. No construction activities for this project have been approved. 10)Letter or documentation showing that when deployed the generator shall be protected to the 500-year(0.2%annual chance)flood elevation,and when not in use it will be stored in an un- shaded X zone or protected to the 500-year 0,2'%annual chance)flood elevation I stored in a Special Flood Hazard Area(SFHA)or shaded X zone. a) The permanent generators shall be protected to the 500-year(0,2%annual chance)flood elevation. Provide letter stating which protective option shall be selected. b) Coordinates of each location where the portable generators will be stored. c) if the insurable structures remain in the Special Flood Hazard Area, provide proof of jn5UranC,e, '11)This project shall be designed by the criteria contained in the standards of the Department of Homeland Security,Federal Emergency Management Agency guidance manual FEMA 361- Design and Construction for Community Safe Room,to provide"near absolute protection", It is further understood and agreed by the Division and the Sub-Recipient that the level of wind protection provided by the mitigation ensures the safety or survival of building occupants. 12)SUb-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 20,18 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Management Costs (interim) FEMA Policy 10141111-11, provides, 100% federal funding under HMGP to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner. a) RMC must conform to 2 CFR Part 200,Subpart E,applicable program regulations,and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, a,ilowable,allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shalil have adequate documentation- 38 Page 79 of 105 C) SRMC cannot exceed 5%of the total project costs awarded. d) SRMC is 100%federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation, e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis, If the Final Project Reconciliation results in a reduction of total project costs,,any resulting SRMC overpayment !shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-624-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on January 25, 2022;with a Pre-Award date of January 23, 20,118� this Agreement shalil begin upon execution by both parties, and the Period of Performance for this project shall end on April 30,2023. F) If the Sub-Recipient fails to comply with any term of the award, the DMsion shall take one or more of the following actions,as appropriate in the circumstances: 1) Tempora(fly withhold cash payments pending correction of the deficiency by the Sub- Recipjent; 2) Disallow all or part of the cost of the activity or action not in c,ompliance� 3) Wholly or partly suspend or terminate the current award for the:Sub-Recipient's program� 4), Withhold further awards for the program;or 5) Take other remedies that may be liegally avaitable. Page 80 of 105 SCHEDULEOFWORK Phase I- State Contracting: 3 Months Bidding/Local Procurement: 2 Months De5ign Specification5i 6 Months Permitting/Survey. 2 Months Deliverables Submitted to FDER 2 Months Total Period of Performance: 15 Months BUDGET Line Item Budget` —11-r9lect cost Federal Cost Non-Federal Cost cost................................Cost ....Cast ............ Matenals� KOO WOO MOO Labor: 'WOO $0,100 $0,00 Fees- $450,000D0 $337,500.00 $112,500.00 "Pre-Award- ............. 1454000.00 $33,750-00 $11,250-00 Initial Agreement Amount, $495,000.00 $371,260.00 $123,750.00 ontin nc funds:, $0.00 $0.00 $0.00 ...Pro Lect,Total. $495,000.00 $37'1,250.00 $123,750.00 ****SRMC SRIVIC: $24,750-00 $24,750.00 SRMC Total- $241750.00 $24,750,00 *Any line-item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased, **T)7iS project has a Pre-A ward, approved by FEMA in the amount of$45,00000 project costs with astart date of January 23, 2018. 'This project has an estimated$0,00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part V1,U 14-Contingency funds are not automatically available for use, Prior to their raiease,contingency funds must lee re-budgeted to another direct cost category and identified Post-award changes to the budget require prior written approval from the Division (FDEM), The written request should demonstrate what unforeseen condition related to the project aro&&that required the use of confingency funds- 40 Page 81 of 105 Project Management costs are included for this project in the amount of;eft,OO, ****Sub-Recipient Management Costs(S RMC)are included for this project in the amount of$24,750, 0 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104 1 t-1, 5'RMC provides 1-1M P hindrnog toSub-Recipients to efficiently manage the grant and complete activities in a timely manner, SRMC must conform to 2 CFR Part 200„ Subpart E, ensuring casts are reasonable, allowable, allocable and necessary to the overall project, Rll G cannot exceed 5%of the approved total project coasts away and.shall be reimbursed at 5%for,each Request for Reimbursement(RFR)submitted with the required documentation. If the Final Project Reconciliation r sufts in a reduction of totalprojec°t costs,any resulting SRMC overpayment shall be reimbursed track to the State for return to FEMA prior to FeMA Closeout, Fonding Summary'Tiotals Federal Share: $371G250,00 (75,00%) Non-Federal Share; $12 ,750,00 (2 ,0 Total Project Cost: $496,000.00 (1Oo.Cr%) .. -—- ------ w__ RMC(100% Federal) $24,75000 411 Page 82 of 105 Alftac h ment B Pro ram Statutes and Regulations Thc 1',mirtwslo lhi,.5 Agreement and the Hazatd Mitigation Grant Program(HIOC3P)ace generaHy governed by the folk)Mng statutes and reguWions (1) The Robed r,Stafford Disaster Relief and Emergency Assistance Act, (2) 44 GF R Parts'` 9, 10, 13, 14, 17, 18 25,2W 220,and 221 and any other applic lble FE M A polky memoranda and guidance clocuments, (3) State op Florida AdMmistratrve Plan for the Hazard Mitigation Grant Program, (4) P-lazarcl MiDgation Assistance Guidance-FeblUary 27 21315 Update;and (5) All applicable haves and regulations delineated in Attachment C ofthis Agreement In addilion to the above staluies;and regulation,the Si.ib-recipierit i,nust comply with the folOwing The Sub-recipient shall fLAY perform the approved hazard r-rhgation project,as desrnbed In the Application and Attachment A(Budget and Scope of Work)attached to this Agreement, in accordance wiU)approved scope of Work indicated there un,the estmate of costs indicated therein,the allocation of funds indicated therein,and the terrors and cx--iridilions of this Agreernef-A The SuIb-reQiI-.1ient'aha.fl riot deviate frt�)r,rittueappi owed prrijectartd then terni,isar-id(,,;ori(,llOioi,6cifthpsAgfeemea'it Tlhe8ub-rei.',lpier)f shall COMPly with any and all applicable,codes and standards,un perfrx,mlng work funded under this Agreement,and shall pravJde any appropriate rnaintenance and seClJrity for the project Any development F:1eFMit IS5Ued by,ar development activity undertaken by,t1he Sub-iechplent and any land use permitted:by or engaged in by the,Sub-rectpierd, shall be consistent with the local comprehensive plan and Ond development regulations prepared and adopted pursuant to chapter 163, Part 11, r-1orida Statu:tes. Funds,shall be exf*,nded for,and development activities and land',uses authorized for,only those aces wvhna i r are perrnittect Urr(fer the comprehensive pian,and land development iegWafions The Sub-recipient shall be resrx)rGible for ensuring that any rt@VOopinent permit issued and any a0vity or Ond USP undertaken is,,whc,.te appficable,aK-o ai.ithonzed by fl,*Water Marragernerif.Distnct.the Florida Department of Environmental Protection,the Florida Department M Health, the FlOda Game and Fish Conimission,and any Federal,State-or local envirnrimental or land use permitting authority„where required. The Slub-reciplent agrees that any repair cx cor*Uuction shall be in accordance with al.q)licable standards of safety,decency,and sanitation, and in conforrNty with 'appficable codes,specrficationF,and standards. The Sub-rerlplerit wile provide and mail-4ain competent arid adequate engfirieering supeMsion at the corrstrUCtion site to eirriure that the+ornjp6eted work conforms with the approved phans and specifications and MH furnish progress reports and such other information to HMOP as may Le reqwred If the hazard mitigation project described h-Attachment A PICIL)deG 31)3CClUiSition or relocation project,then,the Sub-ireolpient shall ensure that,as a condition of funding under this Agreement,the owner of the affected real properly shall record in the public records of the county where it is hocafed tMe Folilovong novenants and restrictions,which strall ronmth and apply to awry property acqiirerl,acoet',Aedr or t:roiT'i which a stfucture will be feri-woved[,')ur,suan[to the project 42 Page 83 of 105 I The pmpefty will be,dedicated and ri-raintained firl,pelpetUrty for a use throat ins G()1Trpafiblr� with open space-recreational,or wetlands managlern.prit practi(,es, (2) No new stri.,ich.ire will be erected on properly other than a, a public facility that is open on all sides arid functionally related to a clesngqed open space, b. a restroom of (3) A that the Director of the Fecteral Enrie(gency Managenlerit Agency appicives in wrding before the corrirriencement.of the cc,)nstrucfnn of the structure, (4) After the date of the acquisition or relocation no application for disaster assistance for any PUTPOW will be mztdFj to,any Federal entity arid ria disaster assestanoe will be provided for the property by any Federal source;Arid (5) If any of those covenantG arid restrictions is oulated by 1he owner or by some third party Mth the knr.)wledge of the owner,fee simple,title to the Property deschbed herein shalt be conveyed to the Board of Trustees of the I niternal Improvement Trust Fund of the State of Fk)hda Without further riottee to the awnen,its successors and assigns,and the owner, its successors and assigns shad forfeit all right, tittle and interest in Arid to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director whtten determination of cost averrun eligibility, Cost averrLins shall meet Federal regulations set fo rr h in 44 C F,R §2 06 4 38(lb) The National Environrner4al Pr.rlicy Act(NEPA)sfipulates throat addifions,or aniendneir)Is to a HfAGF1 Sub-Res;ipierit Scxr)pe of Work(80W)shall be i'evpewed by all State aru.1 Federal agencies partir,irefing in the NEFIA process As a reminder,Pre Sub-reciplent inust obtain prior approvaq from the State,before irriplerrjerrnting hanges to the approved pfoject Scope of Wc)ik(SOW) Pei the Liruform AcIrronistrative Recluiremeras for Grarits and 0,,,aopprative Agreements to State and Local Governments (1:) ForConstruction projects, the grantee must"obtain PNOT wotten approval for any budget nevnsion which result in a need for additional funds"(2 CY F.R.§200,308), (2) A change in the Scope of Work rinust be approved by FEM A in advance regard ess of the bLidget irriphcations,and (3) The Sub-recipient must-notify the State as soon as significant developments become known,such as delays or adverse condlitions that might raise costs or delay comlp etjon, or favorable conditions ail awi rq lower cost or eaflieo cornlNetion, Any extei islons of the period of perion-riancH must be subii,iitted to FEMA sixty(60)days prior to the project expiraboi P date, 'rhie Sub-reclipient assures that it%9M comply with the following statutes and regulations to the extenl applicable (1) 53 Federal Register 8034 (2) Federit Acquisition Regulations 31 2 (13) Secfion 1352,'Title 31, US Code (4) Chaptej,473,Florida Statutes (9) Chapter 215,Florirta StatkAes (13) SpOon 768.28, Floi,ida,Statutes (7) Chapter 11E'1, Florida gtatutvrs (8) Section 216 18 1(6)�, Flonda Statutes 43 Page 84 of 105 (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112 061,Florida Statutes (12) lmrrNgratlon and Nationality Act (13) Section 286.0!11,Florida.Statutes (14) 2 C.F.R. Part 200—Uniform Administrative Requirements,Cost Principles,and Audit ReqOrejments for Federal Awards 1(15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) JLivenile Justice and Delinquency Prevention Act,or the Victims of Crime Act (18) Ornnilbus Cnirne Control and Safe Streets Act of 1968,as amended (19) Victims of Crirne Act(as appropriate) (20) Section 504 of the Rehabilitation Act of 1973,as amended (21) Subtitle A,Title It of the Americans with Disabilities Act(ADA)(1990) (22) Department of Justice regulations on disability discrimmatiort, 28 C.F-R., Part 35 and Pail 39 (23) 42 U S C. 5154a 44 Page 85 of 105 Attachment C Statement of Assurances To the extent the kAlowing provisions apply to this Aqree-',r-uerrt,the Sulu-r&c.iprent ceniftes that; la) It possesses legal authority to enter into this Agreement and to carry out the proposed prograirn� (b) Its gavel r"ng Wdy has duly adopted or passed as an offidal act of resolution,motion or similar action author zing the execution of the hazard mpligation agreement w4h the Division of Ernergency Management(DEM),including all tmclerstancling$and assurances contained In it, and difecionq and authorizinq the Sub-redpient's chief administrative officer or designee to act in connection with the application arid to provide such additional wnforrriation as n-ay be required, b'u) No member of or delegate to the Congress of the Unqed States,and ncr Resident Co rnrrmos-jro tier, sil'oll roa.nve anV share or pail ofthis Agieernerit or any berrofit No Mernbor,offjcE"-(j or employee of the Sub recipient or its s.Jesignees or.agerits,no rnernber of"ie governing body of the locality in'which this,program is situated,and no cillier public official of thp loralirty or lora.litie's- who exercises any functions or responsibilRies with respect to the program,during his ter iure or for one yea¢after, shall have any interest,direct or Indirect, in any contract or SUbcontfact,or the proceeds. for work be, performecl in connection with the PfDgFarrias-stsled under if iis Agreement The Sub-i-erliptent shall Incorporate, tin ail contracts or SLibcontracts a provit6on prnhibting any interest purscUant to the purpose stated above: (d) All SUt)-reCifAent contracts for which throe State Legislature is in any part a foridjog source,shall contain language to provide for teirriination with rea,,sonable oasts to be paid by the daub-recipient for Migrbl�cq.,mtract work rx)mpfleted prior to the date,the of susrx-nsion of furrOng was received by the Sub-recipaerit. Airy cost irr.urred after a notice of suspension or termination is rprerwad by the Sutb-tecipaent may not be funded with funds provided under this Agreement unless prevlouspy approved in writing try the Division. All Sub-rempient contracts shall contain provisions for terrriii-ration for cause or nonvenience and:shall provide for the melbod of paymeni ors si,K:1,11 event (e) It wild comply wrath'. (1) Contract VVoik Hours and Safety Standards Act of'1962 40 U S C 327 et seq, requiring Plat rriechanics and laborer's(including watchn-ren and guards)en-ilpk)yed on federally assisted contracts be paid wages of not less than one and one-half firnestheir bm-;ic wage rates for alli hours worked in excess of:forty hours in a work vveek;and �2) Fpderad Fair Labor Standards Act, 29 U,8,0.Section 201 et seq, requinng that covered ernpdoyees be paid at least rrk,iinrurn prescribed wage,anal also that they be paid one and one-half times their basiQ wage rates for all I-JOUrs worked in excess of the prescribed work-week It wffl comply with (1) Title VI of the OW Rights Art of 1964(P L 88-352), and the regulations issuep:1 ptxsuartt ffiweto,which provides Omit rro person in flie United on the g(ounds,of race, color,or national origO,be Excluded from participation dn. be denied the benefits of,or be otherwise subjected to discrimination under any pTograrn or activity for wrkh tte Sub- re4jpient received Federap financial assistance,and wild immediately take any measures necessary to effectuate this ass'urance If any real property or structure thereon is provided or rrnproved voth the aid of Federal financial assistance extended k.)the Sub- 45 Page 86 of 105 reu ilpient ties assurance shall obfigate the Sorta recipala.erA c.m in the case of any transfer of such property,any transferee for the period during whaoh't:he raatl pfopeity or structure is used for a purpose for which the Federal financial assistance is extended, of for another pu rrpose irydving the provlsrur w raf srmitar services or beneffl5, (2) Any prot-udition against discrimination on the[oasis of age under the Age Discrimination Act of 1975, as airuerded(42 US C.6101-61CU)which prohibits dasciminatioin on the basis of age or'mth respect to aat1aermse qualifies hanrllcappod IndlvidiiMs as provided in Section 504 of the Rehabilitation Act of 1973; (, ) Executive Order 11246,as amended by Executive Orders fit 3y5 and'12056, and the regulations assuedi pur'surant themtrx which provide that no persorr shall be dwscnrmnated against on the,basis of race color, religion,sear or national origin a ar`a all phaoses of ennployrnerit during the 1'.ierforin,onm, rat tederad or federally assisted construction contracts affirmative actlor,to insure Parr treatment In ernployrnent, upgrading,demotion, or transfer,recruitment or reorultrraent adveulrsln„y;laayo fterrnirrartion, rates of pay or offset forms of cornpensatroru,and election for fr'ainirrrg and apprenticeship; (0) It wiII1 establish safeguards to prohibit ernplruyees+from using positions for a purpose that is or pprves the afafrearanr^,e of being motivated It'ay a desire,for private cgairr for themselves or tethers. particularly those with"from they have family, business or other hies pursuant to seoticn 112 313 and section 112 5135,Florida Statutes; kh) It will coraapahy with the Anti Kickback Act;of 1986, 41 U S.f: Cx'haprler 87 Which ouatlaws°and prescribes penalties for"kickbacks"of wages in federally financed or a.ssisled cematructron activities, (il It whip comply with ttre provisions of 5 L1 8.0 123(further known as the Hatch AiA)which limits the prlitrcal activities or employees; (�) It wi III comply with the flood insurance purchase and other requirerne,r"ats of the Mood Disaster Protection Act of 1973,as amended,42 U S C,50,, including rerlurremerits regarding the purchase of flood iaisurance wi communities whaar e snob arrsrrrarrCe is available as a condition for She re, erpat a`af snag Federal fla'aara(,lal as wstarioa t"or°rOnstructlor"r or aj[agUrssttiasr'o pi 11 f asps for use In any area haOn,tg special flood hazards, The phrase 'Federal financial assistance includes any form of loan,grant guaranty,insurance payrrierrt, rebate,subsidy„disaster assistance loan or grant,or any other forri,of direct,or indirect Federal assistance; For sites located w ithln St-,ipc,ral Floc)d Hazard Arras(8FHA;),Me Suh_ret,ipair>rlt r'raust include a FEMA Model Acknowledgement of Conditions of Mitigation of Ptoperty in a Sp eciad Flood Hazard Area with FEMA Grant Funds execr meet by the title holder with the closeout request verifying that. certain SFHA requirecrrerrts were satisfied orgy each of the properties, The Model Achr;mowledgement can hie found at wwww.fema gcvtgovernirnenta/granVsfhzt_condtaons,shim (lt) It will)require every taullding or facility(other than a prevately owned residential structure) designed, constructed,or altered"ill`s funds provided under this Agreernent to oconipty with the "Uniform Federal Accessibility Standards,"(AS)whlcha Is Appendix A to 41 C F R Section 101- 1 cy 6 for generM type buildings and Appendix A.to 24 0 F R„ llaart 40 for rec idenGial,Mructures `flan:Sub-recipient ecrppent will be responsible€oroonducling iinspections to enswe compliance with these t a.ifluaatlorrs`by lhu contractor, Qt) It will, in connection with its perfrarmanre of anvironn'7ental assessments under the Nationap Environrrientp Policy Act of 4969,rgan"Npa y with Section 106 of the National Historic Flreservatlon Act of 1566(54 U 5 C). , Exr crltiv4a Order 11593,36 C.F R, Part 500,arid the Preservation of Arotiaeological and Historical Data Act of 1966(64 t_7 S C, 3125)by, 46 Page 87 of 105 Consulting with the State Historic Preservation Ufice to identity properfies listed in or eligible for inclkl-15�011 in the National Register of Historic Races that are-;;Libpct to adverse effects(see 36 C,F,R,, Section 800.8)by the proposed activity,and (2) Crumplying mlh all requirements established by th4a Slate to avoid,or mitigate adverse effer,tq upon such properties G13) AUcfirig by the tears and conditir.ms of me"Programmatic Agreement Among the Federal Emergency Management Agency,the Florida,State Historic Preservation Office,the Florida Division of Emergency Management and the Advisory Council on Historic Preservation,(PA)"which addresses roles and responsiUkties of Federal and State entities in implementing Section 106 of the National Hislorlc Preservation Act (NHPA),54 U S C,, and Implementing regulations in 36 C F R-Part 800, 4) When any of the Sub-recipient's projecls funded under thus Agreement may affect a historic prnpefty, as defined In 36 C.i Part 800,16(1)(1),the Federal Emergency Managernent Agency(FEMA)may require the Sub-recipient to review the eligible scope of work in cnnsultation with the State Historic Preservation Office(SHPO)and suggest rnetbmls of rereir,or ronstructmn that will contorrin with the recornmended approaches set out in the Secretary of interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992(Standards),the Secretary of the Interior's Guidelines for Archeological Documerrtaltion(Guidelines)(48 Federal Register 44734-37), or any other applicaNe Seoretary of frAerior standards, If FEMA determines, that the eligible scofx,,of work will not confoirn with the Standards,the,Sub-tecipient agrees to p6rtcipate pn consulilatioris to develop,arid after execulion by ail parties, to abide by, a written agreement that establishes rnitigation and recondition meaSUMS, mcluding but not limited to, impacts to aircheologrrat sites, and the saivage,storage,and re ruse of any significant architectural feetUiCIS that rl-lay Othel-W[Se be dernolisiled, The Sub-recipient i g rees to snotify P P MA a i,d the Division it army project.f landed under this Agree rne,int wilk o ivolve,ground diMurblng activities,including, but not limited to su bsurface disturbance,rerry.)val of trees,excavafion of footings an(]foundations,and installation of utfltties(such as water, sewer,storrn drains,electncaj,gas, leach Imes and septic tanks)except where these activities are restricted solely to areas, XeVIOLIsly disturbed by the wistaflation, replacement or maintenance of such utilities FEIVIA will request the SHP10's opinion on the potential that archeological properties may be present and be affected by such acfivi,fies. The SHP0 will advise the Sub,recipient an any feasil'.ile steps to be accomplished to avoid arry National Register eflgUe archeological prc)pedy or v/01 rnake recornrnendatjous for the dlevelnr..rrnerd of a treatment pWi for the fe4xwery or archeo0gical data fforn the proper ty. If the SLit)-reciplent is r inable to avoid the archeftglcal proreirty,develop in consultation with SHPO,a treatment plan consistent with the Guidelines and take into account the Advisory Council an Historic Preservation(Coundl)publication"Treatment of Ai-ctaeopo,ogicrap P~ opprties," The Sub-reclpientsl'iall forward information regarding the treatment plan to FFMA,tl'geSHPOrand Vie Council fr-,ir review, lf the SHPO acid thin Cnunl-A do riot object willhin fifteen(15)calendar days of receipt of the treatment lAan, FEMA relay direct the Sub-rperpientto irnplernerit the ti,eatment plar. ifedherthe-CouncR or the&IPO oloject,Sub rear ient shall not proceed with file fNoject uriW the objection is resolved. (6) 'rlie Sub-i-ecipient sl iall notify ttie Division and FEMA as soon as practirable (a),of any changes in the.approved scoix,of wr.vk for a I'NJatiorraP Register eligible or fisted propeily, (b)of afl&rdnges to a prcrtpct that may result Il'i a snipplerneritai DSR or rnodify a HMGP project for a National Register eligible or piled property,(c)if it appears that a project funded under this Agreement vvfld affect a previously unidentified property that may be 47 Page 88 of 105 eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub-recipient acknmvledges that FEMA may require the Sub- recipient to stop construction in the vicinity of the discovery of a preViOLISly unidentified property that may eligible for inclusion m the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The SUID- recipient further acknowledges that FEMA may require the Sub-recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHRO. The Sub-recipient also acknowledges that FEMA will require, and the Sub-recipient shall comply with, modifications to the project scope of work iruecessary to Implement recommendations to address the project and the property. (7) The SUID-FeCipient acknowledges that, unless FEMA SIDeGifiCally stipulates otherwise, it shall not receive funding for projects when,with intent to avoid the requirements of the PA or the NHPA,the Sub-recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it,allowed such significant adverse effect to occur. (M) It will comply with applicable provisions of the following laws and policies prohibiting discrimination 1. Title VI of the Civil Rights Act of 1964,as amended,which prohibits discrimination based on race,color,or national origin(iinclludmg limited English lDroficiency). il. Section 504 of the Rehalbillitation Act of 1973,as amended,wNch prohibits discrimination based on disability. 111. Title V of the Education Amendments Act of 1972, as amended,which prohibits discrimination based on sex in education programs or activities. iv, Age Discrimination Act of 1975,which prohibits discrimination based on age V, U.S. Department of Homeland Security regulation 6 C.F.R Part 19,which prohibits dischmination based on religion in sociial service programs (11) It will comply with Title IX of the Education Amendments of 11972,as arriended(20 U S.0 1681- 1683 and'1685-1686)whiich prohibits discrimination on:the basis of sex, M It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970r (42 U S.0 4541-45-94)relating to nondiscrimination on the basis of alcohol abuse or alcolhofism, (p) It will comply with 523 and 527 of the Pul-.1lic Health Service Act of 19112(42 U.S.C.290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records, (o) It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C.4821 et sect.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act(P L.94-163,42 U.S C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto, (S) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S C 2131-2150),pertaining to the care, handling,and treatment of warm blooded animals held for research,teaching,or other activities supported by an award of assistance under this Agreement, M It will comply with Title VIiI of the Civil Rights Act of 1968, (42 U.S C 2000c and 42 U.S.0 31601- 3519),as amended, relating to non-discrimination m the sale, rental or financing of housing,and 48 Page 89 of 105 I'die VI cat the Oval Rights Act of IN4(P L. 88-352)>which prohibits disrhmination,on the basis of race, color of national origin; (U) It wjH comply with the Clean Air Act of 1955�as amencled,42 U, '.C`. 7401-7675, M It will rornply with the Ciean,Water Act of 1977,as arnendcd, 33 U S C 1251-1388 (w) It wiN cornpiy with the endangered Species ACT Of 1973,16 U&C 1 531-1 544,: N It will oornpiy with Thee lnteigoven'imental Personnel Act W 1970,42 L,l S C 4701-4772, (Y) It will assist the awarding agency In assuring compliance with the Nationai H stcric Preservation Act of 1066,as,amended,54 U S C (Z) It will cornply with envii onmenta l staniiardG whid'i rimy be presa fLied pursuant to the Na liorW EnvironrnentM PoOcV Act of 19(59,42 U S C 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeologica I and Histoncal Preservation Act of 1966, 16 U&C,54 U&C, 3121.5 (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 US C 794,regarding non- dlscrirnfnatlon� (oc) 11 wjH corn;')ly with the envfioririiental standards which may be prescribed pursuant to the S"afe nnnking Water Act of 1974,42 U,S,C.30,0f-300j-27, iegarding The protection of underground wrvaater"acurces, (dd) It willrorriply with the requiren'ients rifTitles H and III fist the Uniform Retlocation Assistance and Property Acquisftk)rr Polifnes Act of 1970, 42 US C 4621-4638 which provide foi Parr arcl equitable treatment of persons displaced or whose property is acqUired as a resf.Ot or Federal or Federally assisted programs, (ee) It MI cornply with the Wild and Scenic Rivers Act of IqU, 16 U S G '1271-1287,selated to protecting cornfaorrents or,potenblt components of the riational Mdand scenic rivers system, (ff) It will Comply with the folkming Ea<ecufive Orders Ede'11514(NEPA),EO 11738(violating facilifies), EO 1198B(Floodplain Mariagernprit),EO 11990(WetIz"ids),and O'D 12898 (Environmental Justice),, (gg) 11 wM comply with the Coastal Banner Resouces Act of 1977, 16 US G.3501-3510, (hh) It welt assi.ire project congisIency with the approved State program developed un(Jer The Coastal Zone Marrag(,wrierrt Ac.4 of I 1,J72, 16()8 G 1451-14674,and (ii) If,well comply with the Fish and Wil(file C,00rdination Act of 1958, 16 LJ S,O (--i61-668 With respect to defricilition adivities,it will (1) Create and make available documentation sufficieni to demonstrate 1W the,Sub- recpent and its demolition contractor have SUffirfent manpower and equipment to comply wrtf-i the obligations as OLIUMed in this Agreement (2) Return the pfopeity to its natural state as though ride ifmprovernents had ever been r,ontained thereon 49 Page 90 of 105 (3) Furnish dOGUmentation of all qualified persranrneL, licenses and all equipment necessary to inspect buildings located in the'Sub-recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirernei is of the iU.S.Environmental Protection Agency,the Ftoricla Eiepatment of Environu'nental Protection and the County Health Department. (4) Provide documentation of the mspectoon resnuIts for each structure to indicate:. a. Safety Hazard Present b Health Hazards Present c Hazardous Materials Present. (5) Provide supervision over contractors or employees employed by the Sub-recipient to remove asbestos and lead from demolished or otherwise applicable Strructures. (6) ILeave the demolished site clean; level and free of debris. ('7) Notify the Division promptly of any unusual existing condition which harpers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of well's and'septic tanks located on each site. (Provide documentation of cllosur'es. (10) Comply with mandatory standards and policies relating to energiy efficiency which are contained in the Mate Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act((Public Law 94-163). (1 ) Comply with all applicable standards,orders,or requirements issued under Section 112 and 306 of the Gllean.Air Act(42 U.S.C. 1857),Secton 508 of the Clean Waiter Act(33 U.S.C. 12511-1388),Executive Order 11738,and the U S. Environmental Protect'lon Agency regulations(40 C.F'.R, Part 15 and fit) This clause shall be added to any subcontracts. (12) (Provide documentation of puNic notices for demolition activities. 50 Page 91 of 105 Attachment 0 REQU15ST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS S(,.IB-R E70RENT Monroe county REIWTADDRESS` 500VVhite1iead1Strec4. CITY Key Walt STATE FL ZIP CODE 33040 PROJECT TYPE- GenpratQrs PROJEC7#, 4a37-524-R PROGRAM -Hazard Mit1gation Grant Program CONTRACT HMM APPROVED SUDG3177 FEDERAI.SHARE: MATCR ADVANCEORECEIVED NIA AMOUNT Invoice Period through payment Tub-il of Poadicwa Payments to Date: (FedeTall) LE'ligible Armiura Oblrgawd Federal Obligated Pion- Division Use Only ,100% Arnow)I Federall (Current Request) 75% 25% Approved Comments TOTAL CURRENT S. By signing this TePOTt,I cwIffy to the best 0 my knowledge And be4lef that the report is true,complete,and accurate, and the expend0ures,died)ursemet,rts and casil ievapts are fbi the puiposes and obj&.,,tivessiqt fonhq in the,teirvs and conditions(if the F ecieral award 0 arn aware that any talse,fictitious,orfraudWert informaticr,or the orn s&iorr of any nnaLerjai rairt, may subject mr,to cTimmal,dvfl oF admhii-1,b3bV2 IDLnaltles 'Of fiaUd,take statemprfh�,fillse claims of otherwise,(U,S,Code Title 18,Section 1001 and Tille,311,Sections 372,9-3730 and 3801-38,12, SUP-RRIMRIJIgCra tut 11AME, TmF! DATF TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL —S APPROVED SWOC TOTAL -$ G OV E R NOWS AIST 140 R I Z ED E APPRQVL-".L)1`01�PAYMEW EJA T E Page 92 of 105 Attachment D(cont.) SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM vUB-RECIPIENT Morime County........ PAYMENT# PROJECT TYPE! Generatom, PROJECT t, 4337-524-R PROGRAM: Hz aard M�tj2�Uon PmqLa CONTRACT H 0820 ........... _M_ ........... ................... REF NO' DATE3 DOCUMENTATION4 (Check) ELMIBLE AMOUNT COSTS 2 3 4 5 67- 7 rha payrypent mpres unts L,6 TOTAL �k�rro tn,(rlger ,,t o a U <nrr oa M c,.,o I k, ,x ser,,vx s L dsl s on vk",q,du k, pffv h o�vo(ct" 52 Page 93 of 105 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT., Monroe County, If You are requesting an advance,indicate sarne by checking the box below. I I ADVANCE REQUESTED Advance paymeril of$ is requested Ralance of payments Wall be made on a reirnbursement Ixisis. The funds are needed to pay staff, award benefits to dients,dupflcate forms and purchase start-UP $Llr,Phe$and,-_q1J!PMe11t, We wo0d not be able to operate the prograrn mthaut this advance If YOU are requesting an advance,complete the following chart and line item justification below. PLEASE NOTE., Calculate your estimated expenses at 1WI/o of your expected needs for ninety (90)days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. 13UDGET CATEGORY/LINE ITEMS 20-20—Anticipated Expenditures for First Three (list applicable line iterns) Months of Contract For examr)l ADMIMSTRATIVE COSTS (Include Secondary Administration.) For,exampi PROGRAM EXPENSES TOTAL EXPENSES LiNE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases,delivery,timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90)days of the contract term., Any advance funds not expended within the first ninety(90)days of the contract term as evidenced by copies of invoices and cancelled checks as required bythe Budget and Scope of work showing to %of expenditures'for the 90 day period shall be returned to the Division Cashier,2666 Shumard Oak Boulevard,Tallahassee,Florida 32399,Within thirty(30)days of receipt,along with any interest earned on the advance,. Page 94 of 105 Attachnrwnt IF QUARTERLY REPORT FORM LrIstructions Conpiele and submil this dorm to State Pro-1 Manaqer Wj# njr�_day'S earh qtnader, SUB-RECIPIENT' Mcffapj-CouiWv PROJECT#: 4337-524-IR PROJECT TYPE: (Jens atms CONTRACT# 4-00820 PROGRAW Haz,ird Nldi2a4on GraTq Pro2ranp QUARTER ENDING. Advance Payment Information Advance ReceivedFl WE] Annount S Advance SeaIed?Yes rMlo Financial Arnount to Date, SubfpcuLierit-rotal Prolert EYU:-ndilures to date,{federal&local) 'Target Dates(State Agreenient) Contract Execution,Date Contract Expiration Crate; Date DebverablesGubnnitted Closeout Requested late� Oescribe Milestones achieved during thIS quafter- Project Proceeding on,Schedule? [3 Yes 0 No (W Arvin,Descy,d)e under Issues bebm,) Percentage of NflestDu,ies cornp eted to Date. _% Desc rlb e Activities-M I I eston e s Co m pleted this q u atter only. Schedule of the Mderstones-Actwifies Hest (esfirnated�tqng pry Slati,^Goo 0 a0ng -------------------------------------------- -------------- E.t,--_t-dF�-ect C.-, fieb-n D.Issues or circumstances affec'Ung competion date,m4estbnes,scope,of work,and/or cost Cost Status 0 Coat Unchanged 0 IJ;id4-,r Budget Over Budget CoAt d Financial Cornaments; N0715 Evends quadedyrepods, whrch have significent'irnpacl upon yow piqject(s,),sixhas antLcipated overmns,changes in scope of work,extensions, Contact the Division as soon as these condifions we known, othev kv se you rout be non-compdianf wpth you;sub grand awavd S I ub-Rc,No.per0 0:mtraot Representative(POC): Sqnature Phorie -'to be completed by Florida Division of Emergency Management Project Manager Prqject Manager Statement: []Nn Acfdon Rpq Wmd, OR [I Aclzn RHquhNj —- ---- PMF-t-qoentageofActwates competed pv,FIM Rewew QR'Wesfones Spreadsheet: ----------I)h Reviewel 54 Page 95 of 105 Attachment G Warranties and Representations FnanNjai Mana!2�,-nlejL)t The Sub-Redji�erA's firen6al management systeni most comply with 2 C,F R §200,302 Procummerks Any Ilaracurernent undertaken voith funds authori�ed by tMs Agreement n,iusl comply with the reqWren,ients of 2 C F R, §200, Part C—Post Federall Award Requirernents—Procurernenf Standards(2, ausiness Hours,The Sub-flecipient shall have its officc,5�open for business,with the;entrance-door Open to the r..ubh(z, and at Reasi one employee on cite,from 8:00 AM,-5:00 EM,Monday T'h u Fri ay',as jSL MELICabW icerp.sing and PeLMQ�W, All 5uboontfaQ(or,,or employees hired by the Sub-FRIeupient,shalir have 4 QUTIlel-0 Incenses and rx-rimits required for all of the pairticul,ar work for wNch they are hired by the Sub-RedrAent 51, Page 96 of 105 Attachment H A00Amn'W"V,0XatI ' obcontractor Covered Transactions The prospective subcoratromar, cat tl ie Saab-Recipient certjFws by submission of this r.Joc rrnent,that neither it its principals, rlrbr ak'fillates are i"yreserdy debarred,suspended,parraVrasert for debarrrienl,declared meaiagOie,vnluntwan[y excluded..or rtrsrq.olit#ed from pai`joii patron in th*transarli n L)V aj'TV Fectej'aQ 0epck1"ime W,or gen(,,y SUBCONTRACTOR By .. Monroe County Sign alrare F;i.�la-1 er¢Vaur rxt"s Name >wt0820 P°�artie ara�d Title DENV Caiadr3ct PwUurtTber 4337 M 24 R Sheet Address=, 17EMA Project Numbei Csity,State Zip Date r5, Page 97 of 105 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE The,Federal R,inding Accountabifity and Transparency Act(FFATA)was signed ixi September 26), 21106 The intent of this legWation is to Prnpower every Arneilcan with the abifity to humid the government accountable for each spendri-ig decision.The FFATA legislation requires v1ormation on federal awards(federal assistance and expenditures)be made availat4e to the public via a single, seamhable welbste,which us hi W I rlqlr)qo ll The FFATA Sub�award ReportingSystern(FSRS�is the reportmg tool the Florida Divison of Emergency Management("FOE M"or"Division")must use to capture and report sub-award and executive compensation data,regarding first-tier sub-awards that obligate$25,0010 or more in Federal Funds (excluding Recovery funds as derired in section 1512(a)(2)of the Airner(c3in Recovery and Ronvestri-eni Act of 20M, Pub L 111-5) Note,This"InstructIvis and'Worksheet"is meant to explain the requirements of the FFATA and give clarity to the 17FATA Form distribiAed to sub-aWardees,for completion, All 1:)ertinent information below should tie filled out,nsdqned,and returned to the pi-ojed manager ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub- award(Agreement)that obligates$25,000 or more in federal!funds as described above.Please provide the following information and return the signed form to the Division as requested, PROJECT4 4337,524-R FUNDING AGENCY, Federal Emergency Management Agency AWARD AMOUNT $396,000,00 OBLIGATIONIACTION[DATE January 25 2022 SUBAWARD DATE (if applicable) LJElD/SAM# QKLSCT2LM7M9 JEVSAM# v4,� 5_7 Page 98 of 105 "if your cmmpany cr olgansaation does not have a LJEILTISAM nurnbel,you will need to Obtain one from httrs"//%am.govlcon9entd ntity-rcgistratmn-Fh proress to request a UEID)SAM number takes about ten minutes and�s free of charge, BUSINESS f-JAME. DEA NAME(IF APPLICABLE) PR'INCiPAL PLACE OF BUSNrJESS ADDRESS, ADDRESS Llt„iE 1:: AErFaRCSS LINE 1 ADDRESS LINE 3 CITY STATE ZIP CODE 4" PAR E14T COMPrzN`'r•UEIDI,SAM#(if applicable), CATALOG OF FEDERAL COMESTIC ASSISTAN E(CFDA#), DES RIPT1OIN OF PROJECT(Ulu to 41 010 Characters) As a Hazard Mitigation Grant Program (HMGP)project,the Sub-Recipient shall provide backup power to forty-five(45)critical facilities within n Monroe County,Florida. The scope of work is for Phase I only,which includes but is not limited to surveying,engineering, design„plans preparation,permitting and bidding for the proposed project,for Phase Il approval.. No construction activities for this project have been approved, When completed„ the Sub-Recipient shall provide deliverable; for Phase II review of the following proposed activities.. The design proposed for Phase 11 scope shall include purchasing and installing twenty-one(c 1) permanent generators with capacities ranging from 30kW to 225kW, or the adequate size determined by the vendor and/or an electrical engineer daring the bid process to appropriately support the critical facilities, along with necessary automatic transfer switches (ATS), wiring and other installation requirements- The project also includes the purchase of foul-teen (1 ) portable generators with capacities ranging from 50k / to 750M or the adequate size determined by the vendor and/or an electr'icall engineer during the bid!process to appropriately support the critical facilities.„ and the necessary support equipment and fuefing tank to be deployed at a total of twenty-four (24) critical facilities, In addition, the project includes purchase and Installation of two 5,000,gallon fuel tanks to be installed at the Monroe County Sherift"^s Office Headquarters to provide increased run time before being refilled. The permanent generator(s)shall be protected against a 500-year flood event by implementing specific activities or by locating the generators)outside the Special'Flood Hazard Area(SFHA;',) and shall be protected against wind'with'a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal„ Stato and Local Rules and Regulations.. The portable generators shall be stored at a location protected against a 500-year flood event or located outside the SFHA and shall be protected against wind with a rated enclosure based Page 99 of 105 on its location re"irements. Activities shall be completed in strict compliance with Federal, State and Local RUIOS and Regubtio,ns. The diesel fuel tanks shall be buned underground at a Sufficient depth to protect against flooding threats,and consistent with VE Zone flooding risks such as damage from wave action and inundation of critical components,Activities shall be Qompleted in stOct cornlAiance with Federal,State and Local Rules and Regulations. vwi�y Me aj',?proVt*1PrC4Haf des(,fijjhoy)�abcwe, it there is any discfeparcy,please,cornfacr the project maoager PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS),., ADDI,'RESS LINE 1, ADDRESS UNE 2 ADDRESS U1lJE 3 aTY STATE ZIP C-00E-+4*1 CQNGRESSIQNAI-Q STRIQT F(IR PRINCIPAL PLAC-E QF LIROJEC-F PERFORMANCE "'ProviOng the Zip+4 ensures that the corred Cangressjanal DnsthQt 15 EXECUTIVE COMPENSATION INFORMATION; I in your business or orgariizatjon'13 previous-fiscal yeFv,did yoi.,ir busme,,,s w organization(induding j,-iarent organizaton,all branches,and alW affiliates worldmce)recoive(a)B(i percent or more of your annual gross rever'lUeS frorn Federal procurernent contracts(arid subcontracts)and Fe(jeral fmancoll assistance(e g loans, grants,si.,jtxjrants, and/or cooperative agreements,etc)subjent to Ite Transl:)arency Act,as defined at 2 C,F.R, 170,320 , (b)S25,000,0100 or mope Inannual gross re,Vel-Ue-S from U,5, Federal pfocurer-lient contracts(and subcontracts)anal Federal financiap assistance(e g loans,graints, qubgrants,andfor coop eraWe agreements,etc.)subj8fA 10 the TWwJ)Wency Act? Yes 0 No 0 If the answer to Question I is"Yes",continue to Question 2.It the answer to Question 1 is IINW'� move to the signature block befow to complete the certification and submittal process. 2. Does the public have access to information albuLd the comma,risation of the executives in your business or organization(inckwling parerit organizatann,all ibraa arhes,and all affiIiHte,,,,worldWde) through p(Hiodic ieportF,filed under-sectlon 13(a)or 15(d)of the Securities Ex&tanup Af�1 of 1934 (15 U,S-C 78rn(a),78n(d))Section 5104 of the Witernall RevellUe Code 019867 Yes n No El If the answer to Question 2 is"Yes,"move to the signature block below to complete the certification and,submittal process.[Note.Securities Exchange Commission Information should Ire accessible at littp/)www.s ec.go Wan swe rslexeco rin p.lit m.Requests for Internal Revenue Service (IRS)information should be directed to the local IRS for further assistance.) If the answer to Question 2 is"No"FFATA reporting is required.Provide the information required in the 11TOTA L COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the"Total Compensation"'for the five(6)most highly compensated 59 Page 100 of 105 "Executives" In rank order,In your organization,For purposes of this request,the following terms ai defined in 2 C.F.R.Ch. I Part 170 Appendix& "Executive"is defined as"officers,managing partners,or other employees in,management positions". is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: I Salary and bonus ii. Awards of stock,stock options,and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123(Reviised 2004) (FAS 123R),Shared Based Payments. iii. Earnings for services under non-equity incentive plans.This does not include group life, health,hospitalization or medical reimbursement plans that do not discriminate in favor of executives,and are available generally to all salaried employees. iv. Change in pension value,This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax-quafiffed. vi. Other compensation,if the aggregate value of all such other compensation(e.g.severance, termination payments,value of life insurance paid on behalf of the employee,perquisites or property)for the executive exceeds$1 0,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR ([late of Fiscal Year Completion ..... _ .............................- Rank.. Total Compensation (Highest to Name for Most Recently L! t EL LMI) ... .........Title Fiscal Year 2 3 —---—---------------------- ......................................... ...................................... ................ ................ ................................................................ THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN�_�O THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATJJIRE: NAME AND TITLE: Mayor David Rice DATE: Vin Madok, Clerk MONROE COUNTY ACUORNEYS OFFCE 60 By: APPROVED ASTO FORM / O0UNTY derk �T iATTO(RNE�� DATE,_L-_1L-2a22_ Page 101 of 105 Attachment J Mandatory Contract Provisions Provisions: Any contract or subrontract funded by this Aqreennent imust conta0i the alppflcable provisbils outlined al Appendix,It to 2 C.F.R, Part 200. It is the responsibility of the Sub-recipient to nrlclude the required provisions I he foflowing is a list of sample provisions from Appendix H to 2 C F-R'.Part 200 that mar be reClUired" Appendix 11 to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federa$Awards In addition to other iequired Vwl the Federal au envy or non-Federal entity,all contracts made by the non-Federal entity,under the Federal award MUFt C'orilain,provisions covering the following at,applicable. (A) antr ,tS for mare than the win"npflfe,d acqwsrflori:threshold,wht ch is Me ilflaiiion adli.1sted amourit detern"lired by the CMIran Agency Acqt,pi^sifiori D)uncil and the Defense Acquisition Regulations COUM4(COUncils)as autl"iorlzed by 41 U S C 1908, must address administrafive,coritractuat,or Iqlal rerriedies 41 instartces where contractors violate oa breach corAract terrns,and piovide for si,ich sanctlurrs and penalties as appTopnate. (0)All contracts in excess of S10,01)0 must address temlination fo cause and ff.-)F converuence by the non-Federal entity rrioluding ffie manner by which ft wing be affected and the basis for settlement (G)Equal Erriplovilient,OprxotijmtV, Except as(Aherwise,prowled under 41 C,F,R, Paid 6(),aIl contracts that rneet fthe definition of"federally as,sjsted cionstnictiori,contract"6n 41 C F R Part rid-1 3 must include the ectal oppoilundy clause provided under 41 G F R 60-1 4(b), in accordance,with Executive Order 1,1246,"Equal Employment Opportunity"(30 FR 12319, 12935,3 C,F,R,Pail, 1964-1965 Comp,,p, 33J),as,anlet-ided by Executive Order 11375,"Arneiriding EXeCLAiVe(Drder 11246. Relating to EqUal EITIployr-nent Opportunity,"'zind irnplenienting regulations at 41 C,F R.part 60,"Office of Federal Conlltact Compi ia rice Programs,Equal Employment Opportunity, Depautnlenf of Labor" (D)Davis-Bacon Act, as amended(40 J,S C 3141-3148� When required by Federal program legislation, 911 prime construction contracts in excess of$2,000 awarded by non,Federal entities rnUSt mclude a provrsion for compliance with the Davis-Bacon Act(40 LJISLC.3141.3144,and 3146-3148)is supplemented by J-Departrnent of Labor regUlatiOlT,(29 C,F,R Part 5, "Labor Standards Provisions Appf r-abl e to Contracts Covering Federally Financed and Assisted Construction") Iraiccordancewith the statute,contractors must be required to pay wages to*)orers and nlechanics,at a rate not less than the prevailing wages spedfied in a wage determination made 1W the Secretary of Labor in addition, contracton.,rnust be required to pay wages not less thart once aweek,The non-Federal er"itity must place a copy of the cix tent prevailing wage determination issued by ffie[Depadinent of Labor in each solo,,itafion The decisson to award a contract ol si,Woritraot niust be conddioliec.l Upot i the acceptance of the wage determination The norm-Federal entity nja,;St i eport all su,spected ur teportpd Violations to the Federal awarding agency The contracts must allso inducle a provision for rorripliance with the CopeBand "Ant-Kickback"Act(40 IJ,S,C, 3145),as supplernentecl:by Depadment of Labor regulaiions(2!9 C,F,R, Part 3, "'Contractors lirld Sulboul'itractors oil Public Building or Publk.Work Flnanced in Whole or in,Part by Lcoris or Grai its frorn the United States"),The Act provides that each contractor or Sub rpop*nt insist be prohibited from inducing by any mpans aryy person ernployed In the construction,compiefion,cur For example,the[Daws-Bacon,Act is nc4 applicable-to oVce FFMA grant and Cooperative agreement progmins, including the,Pijbliac Assistance Program oar Hazard Mitigation Giant Program.howevei,Sub- recipient may include the provision in its subcontracts 62) Page 102 of 105 repwr of pulAicvocrik, to give Lip any part:of the cxirnrmanc'ahon to which he or she is otherwise,Prifitled The non-Federap earthy must report all osuspected or reporied violations to the Fedei-M awarding agency (E)Contract Work Hours and Safety Standards Acf(40 U S,C 3701-3706) Where applicable' alt contracts awarded by the non-Federal[erAlly in excess of S 1 0,0,000 that involve the employment of illedlar-IICS Or tlaIL-MeTS,must friciude a provision for compliance wifti 40 U.S.C.3702 and 3704,as supplemented by Department(if Labor regulations(29 C F R Part 5) Under 40 U S C.3702 of the Act, each rontrartor MUSt he required to compute the wages of every mechanic and laborer on the basis of a standard:workweek of 40 hours,Work in excess of the standard work week is pert-rimsible provided that the worker is 001TIpensated at a rate of not less than one and a half birries the basx rate of jDay for all hours worked in excess of 40 hQUr-j in the work week The requirements of 40 U 8 C 3704 are applicable to construction work and provide that no laborer ori-ne-chanic must be required to work in SLi1rnijrrdjng-,,or Linder working conditions which are unsanitary, hazardous or dangerous-These requirements do riot apply to the purchases of supplies or rnaterials or articles ordinarily available on the open rnarket, or Contrar'�t$for ti-ansportation or transmission of intelligence, (F)Rights to inventions Made Under a Contract or Agoeerrrent. If the Federal award meets the definition of'funding agTeernent"un0er'37 G F R,§401,2(a)and the recipier-A or wishes to, er-Aer into a ccintract with a sn'tall busiress firm or nonprofit organization regar6ng the substitution(it patties ass(grii-rient or perfo rinance of experimental,, developmer4al,or research work under that"furding agreernent,"the recipient or Sub-recipiet"it must comply with the requirements of 37 C F R. Part 401, "RIghts to Inventions Made try Nonprofit Orgainizatiot is and Smail BMness Firms Under Govenrintent D'arrts, Contracts and COOVWI rafive Ajgmements and arty implerrienting regulations Issued by the awarding agency. (G)Clear,Air Act(42 U&C 7401-7671 q.)and the Federal Water PoIlLA101)GoNrol Act d33 t18 C, 1251-1387),asp amended—Contracts and subgrants of amounts in excess of$1150,0(.'10 must contain a provision that requires the non-Federal award to agree to comply withaH appficabie standards, orders or regulatioris Isere d PILusuant to the Clean Air Act(42 Ur&C, 7401-7671 q)and the Federad Water Pollution Control Act as aineendecl(33 U S.0 '1251-1387) Violations must be FeP4.)Fted to the Federal awarding agency and,the Regional Tice(- of the,Environmental Protection Agency(CPA) (H)Debarment and Suspension(Executive Orders 12549 and 12689,)—A contract award(,see 2 C,F,R, 180 220)must not be made to parties listed on the governmen1wide Excluded Parties List Systern in 0-ie Sy5tern for Award Management(SAM), in aroordance,with tl'-iF,OMB quidelo-res at 2 C,F,R, 180 that nrrlplemerrtr Executive Orders 12549(3 C.FR. Part 1986 Comp, p 189)and 12689(3 C.F R Part 1989 Comp.,1),235),"Debarment and Suspension"The ExciLrled Parties List Systern in SAM contains the narries of:parties debarred,su4-�nded, or otherwise excluded by agencles,as weld as parties declared ineligible under statutory or regulatory authority other than Executive Order 125+49, 0)Byrd Anti-Lobby09 Amendment(31 U.S.0 I 352)—CQ1-1tFactoFs that al-.)ply or bid for art award of$1001000 or more must file the required certification Each lier certifies to the tier above that Ii will not and has not used Federal appropriated funds to pay ally person or organization for Infir-lellriOrIg or atternpling to influence an officer or employee of any agency,a member of Qcingress,officer or ern&yee of Congress,or an ernployee of a rnernber of Corig ess in connection with obtaining any Federal contract giant or any other award covered by 31 LJ,S.0 1352 Each tier must also disclose any lobbying with rion- Federal funds fl-ot takes plaq,e in crmriection wlth obtairong any Federal award,8ijoh disclosures a[e fotwaided from tier tci tier up to the iron Federal award. (J)&.e 2 Cr F R,§200 323 of recovered rnatei,rals (K See 2 C S,R,§200 216 Prohibition on certain te lecornmunication and video surveillance services car"eqwprnerrt (L)See 2 C,F,R',§2 00�322 Dornf,ast ic f,'rrefere rices fo r pr oc rA re rrierits (Appendix H to Part 200,Revi,5kTJ Eff, 11/1212020) 133 Page 103 of 105 FEMA created Ihe 2,019 PRAT Contract Prmsions Template k)assist non-Federal entRies. R m avalabip at N'tJ."ri/Iwww fen 19092- 9.23t.58d63eWd Pim-se rote that the sob-mciplent alone is responsible for ensuring that all language,ircluded in its contras is meets th el requirernents of 2 C.F., §200.327 and 2 C.F R,Pad 2,00,AppErdix I/ 64 Page 104 of 105 Attachment K Certification Regarding Lobbying Check the appropriate b= im This Certification Regarding Lobbying is required because the Contract,Grant,Loan,or Cooperative Agreement will exceed$100,000 pursuant to,2 C.F.R.Part 200,Appendix 11(1),31 U.S.C.§1352; and 44 C.F.R.Part 18, 1-1 This Certification is not required because the Contract,Grant,Loan,or Cooperative Agreement will be less than$100,000. —CERTIFICATION RgQ&B21n1QftftXM Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: i) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to Influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarftg,of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement, If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influenbrig or attempting to influence an officer or employee of any agency,a,Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative,agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in,accordance with its instructions. k) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,US.Code,Any person who fails to file the required certification shall The subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure, The Sub-Recipient or subcontractor, Monroe CounLX-UQ L— certJ a— fi s or affirms the L , truthfulness,and accuracy of each statement of its certification and disclosure,if any.In addition,,the Contractor understands and agrees that the provisions of 31 U.S.C,Chap,38,Administrative Remedies for False Claims and Statements,a ly to thl certification and disclosure,if any. ATTEST- Kevin Madok, Clerk Signature of Sub-Recijj, ubcontractors Authorized Offidat Mayor David Rice By: U Name and Title of Sub-RecipienVsubcontractor's Authorized Officiat As De pity tit)rk caate MONROE COUNTY ATTOANEY'S OFFkCie APPROVED^S TO FORM % -2 DATE:: Page 105 of 105 TAB & COU FI Y FO R' S LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010�-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Mal(,,rn Profes,sioiiritl Erigneenng,4,ic, (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No, 0,10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature Date, 2113023 STATE OF: COUNTY OF Subscribed and sworn to(or affirmed)before me, by means of V/physicat presence or 11 online )1� 1101)1� notarization, on an--- -...........—.—(date) by Rjj0J-\ (name of a i nt). he is �personally _ n ----------7-'-- L_ nqw to me or has produced (ty e o id fi tion)as identification. ARY PUBLIC (,M My- ommission Nige 118of 130 MAT RN TAB & COU FI Y FO R' S NON-COLLUSION AFFIDAVIT 11,Rym Strwri&j�jest of the city Maiflaid,Florida according to law on my oath, and under penalty of perjury, depose and say that: 1, 1 am Prcsiderit of the firrn of Wen�Pros Gssiariil Ej')girw(,,,.t',,ring,lri............. the proposer making the Proposal for the project described in the notice for calling for proposals for: Ergim,ering Dos�gri Sc,rvices of Geiwratur fof Ciiljcal Facilifies and that I executed the said proposal with full authority to do sod 2. The prices in this proposal have been arrived at independently without collusion,consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4 No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit,or not to submit,a proposal for the purpose of restricting competition, and 5. The statements c ntained in this affidavit are true and correct, and made with full knowledge that Monroe ty relies upon the truth of the statements contained in this affidavit in ,awarding c acts forsaid-7ject. 2/1312023 ..................... .of Proposeql,,�,"" (Date) STATE 0 F "-P " COUNTY OF: Subscribed and sworn to('or affirmed) before me, by means of t"p"hysi presence or LJ online notariza on, on. (date) by (name of affian -1 e I Pil onally known to me or has produced t 11) s entification. SHARON MARTHA RIVENBARK t ARY PUBLIC Notary hblic-State of Florida commls5ien#HH052819 "'-OW01F Ay comni,EXPcrei Oct 12,2OZ4 94'mded throulb NaVonM 1Notary Am ol °nmfsslon expires: Page 119 Of 130 MAT RN TAB & COU FI Y FO R' S DiRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: l0atern Prnfe,-,sionai Enginec�,qlng,Inc, (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection(1), 4. In the statement specified in subsection(1), notifies the employees that,as a condition of working on the commodities or contractual services that are under proposal, the employee will;abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty air 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 after such conviction. 5. Imposes a sanction, on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6, Makes a good faith effort to continue to maintain a drugs-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this fh ' -Imphes fully with the above requirements. ............. "Prop'oker's Signatuar 2./1312023 Date L STATE OF: COUNTY OF: �:)i= Lou—, Subscribed and sworn to (or affirmed),before me, y means of phy ical presence or El online notarization, on (date)by me of a,ffiant). Hoe he is v U of personM�y known to me or has produced y of id n1ification)as identification, ........... SHARON MARTHA RRENBARK Notary Pub0c-State of NorW# NO RY PUBLIC (SEA My0mm,Expires Oct 12,2024 My ornmis'sion expWes:n2 t L i ed through NAt i0nZ1 NOt airy Assn, Page 110 of'1130 MAT RN TAB & COU FI Y FO R' S PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted' vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, rnay not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR Under a contract with any public entity,andl may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list," I have read the above and state that neither Pdateirn ProfessionW Eiiqinrrpdng,Inc, (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six(36),months, (Signs'urel",,11— Date: 2/13023 STATE 7 OF; L,_(i_dA COUNTY OF: Subscribed and sworn to (or affirmed) before rne, by means ofo-physical presence or El online notarization, on /:_3 4q 09)7:5 _(date) by �he is personally known (name of of CFH�;((Warne of 8ffa ji i of to me or has produced of i ent' nj as identification. SHAR011 11 1 111 11VIIIIA" J, St�'t'sof Fj, Notary s.111wT rid, Y PUBLIC Commission#HH 052819 My Comm.Expires Oct 1212024 " ionded throUgh Natfooal Notmry Assn, nission expires:ires: � I 11age 121 of'130 MAT RN TAB & COU FI Y FO R' S uimlumi VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):Engineering Design Services of Generators for Critical Fadiifies Respondent Vendor Name; Matern Professicnai Engmeering,Inc, Vendor FEIN: Vendor's Authorized Representative Narne and Title: Ryan')trandquest,President Address: 130 Candace Drive City: mai"Wid State: FL Zip: 32/51 Phone Number407340 5020 Email Address: bpascarella@matern.net/slain@matern.net Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a,contract for goods or services of any amounit if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,0100 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to&215,473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above In the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that. Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more lis not listed on either the Scrutinized Companies, with Activities in Sudan List, the Scrutinized Companies with, Activities in the Iran Petroleum Energy Sector List, or engaged in business operations,in Cuba or Syria. I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Ryan StrandquesU Matern Profs sionW Einghieering,inc who Is authorized to sign on behalf of the above reference ny. Authorized Signature: Print Name:Ryan Slrandquest Title:President Note: The List are available at the following Department of Management Services Site: Li2L).�LWvvv c[Lii kL 7,ryf x ohdaoni busin--ss qj 2qL�J ,�_j a ,LidqT. i onvi nforniation/ccte d s,�ux-qs_ dad discrimma .__,qp.p1p!@ints vendor fists Page 122 of 130 MAT RN TAB & COU FI Y FO R' S I�III III Certification Regarding Debarment,Suspension,Ineligibility Viand'Volu!ntary Exclusion Contractor Covered Transactions (1) Hie prospective contractor of the Recipient, _Malerri Prof",Engunpvilllg ,certifies, by subniission of this document that rjeither it nor its prijicipii"s"i'-spre-se"'iit'l"ydebarred,suspended,proposed for debarment,deciared ineligible,or vOlUmarily excluded from participation 41 this iransaction by any Federal department or agency (2) Where the Recipie,',,ni's cantractor is unabie to cerfify io ll'ie above statement,the prospeclive conractoi shall attach an explanation 8o this form, CONTRACTOR, 0datern Pro ssiorial Erigimerirr,q,hic Si.na re Recipient's Name 11�1 Ryan slrwa':410C-o"Presirvnr 130 Gwidace Drive ....................................................................................... ... §'6-e-et i\cid"b—es--r------------------ FEMA Pwiect,Nurnt)er MaWand,FL"32751 2M 3/2023 ............................................................ ................ ....................... [)Hie Pagc 123 MAIM MAT RN TAB & COU FI Y FO R' S II IUD a APPENDIX-AL,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The Undersigned certifies,to the best of his or her knowledge and belief, that: 1. No Federal appropdated funcls have been paid or Mi be paid, by or on behalf of the Urldejsignr=,,d to any peison fw influewang w allerrij,,)l'ing to influence Hn officer of erTiployee of an agaWncy, a Mernboer of Congress, an officer or ernpIc)yee of Congiess, or an ernp[oyee of a Mernber of Congress in connection with flee awarding of any Fede4l contract.the maf6ig of any 1 hider al guant, the rrr aka ng of am y ` e renal loarr We (---nte6rrq into of ally coop;erallve .igreernent, anci fl'ie eXterrSiQlpl, C0t'1Ul')U,'Jti0n, rerrewal, arnr ndrnei it, or' modificalion of early F'edeiral conUact, giant, Ioan, or coope allvf..; @greerneni. 2. If any funds other than FederM appropriated funds have been paid or will Sae paid to any person for influencing or atternloting to influence an officer or ernplluyee of any agency, a Men,iber of Congress. an officer or ernployee M Congress, or an employee of a mernbc',r(.,)f Cons,Jress in conm-,,cflon with this f-o'cleral contract, gru Int, Wri, C.1if GOOPE'raliVE", agreement, It'H-- Unde r;i(.Jrred snail coiriplefle and submill Standaid Forrl-14-1-1-, "DSC OSUre [-orm to Rep-,M Lobbying," in accordance with its instructions. 3, 'Tht� uniJelsqned sh,fll reqUk'e that Ure B@ngu,,ige of this cer-lification nc uded in the award docim)ents for ail subawards at M tiers (including subcontracts, subgrants, and coi itracts under grants, Ioarls, and cooperative agreen,ients) and that @H SUbre(;Jpients shafl certify and dj&cJos(-,;, w.moidingly. Th�s celtification is a nlater'iEfl represent",Jfim') of f,"I'ni UI)NI which reliaric(,.'Wb.'�� pkiced when 111 transactlon was rinade or en (:,ied infra. SL,ibrniss on 01 this f,,e,1,Ufic,,flJ011 i$ a for rnakinq or taniienng into 0iis transactii:)n irnposed by sec,.,,fion 1352, tiVe 3 1, U S, C.',ode, Any pc--?,,irsorl who falls to file the reqtlwed ceroficatlon shzilll be subject to a rjv0 penalty of not Ur ss than $10,000 ar)d not more than $100,000 [o each lailuic,, The Contractor,hlatelrra Prolession LI_Efl,ne��, certifies or affirms the truthfulness and accuracy of each statement of its certification,and disclosure, if aniy. IIn addition, the Contractor understands and agrees that the provisions of 31 U.S,C. Chap. 8, Administrative Remedies f False Clairns,and Statements, apply to this certification and disclosure, if any, .......... Signature of tractor's Aurthqpi ed Official Ryan Stiaridqmst, President 2i13/2023 Name and Title of Contractor's Authorized Official Date Page 124 ofJ30 MAT RN MATE P RO-01 ASOSTE N U TO �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.�• 6/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: JCJ Insurance Agency, LLC PHONE 2208 Hillcrest Street (A/C,No,Ext): (321)445-1117 (A/c,No):(321)445-1076 Orlando,FL 32803 ADDRESS:certs@jcj-insurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Phoenix Insurance Co. Travelers 25623 INSURED INSURER B:Travelers Property &Casualty of America 25674 Matern Prof. Engineering Inc. INSURERC:Arch Insurance Group 11150 130 Candace Drive INSURER D: Maitland,FL 32751-3331 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 6802H190660 9/1/2022 9/1/2023 DAMAGE TO RENTED 1,000,000 X PREMISES Ea occurrence $ MED EXP An one person $ 10,000 APPROVED BY RISK MANAGEMENT PERSONAL&ADV INJURY $ 1,000,000 BY . x _,w ` 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY� PRO ❑ LOC DATE 6ER NIA 2 S PRODUCTS-COMP/OP AGG $ 2,000,000 JECT WAIVER N/A_YES_ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X BA8P261984 9/1/2022 9/1/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X CUP4D283515 9/1/2022 9/1/2023 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N UB4J04057A 9/1/2022 9/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,UUU If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab PAAEP0130302 9/1/2022 9/1/2023 Per Claim/Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project name:Monroe County—Engineering Design Services for Generators at Critical Facilities Monroe County BOCC is an Additional Insureds with regards to General,Auto and Umbrella Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Breanne Erickson 1100 Simonton St. Rm.2-216 Key West,FL 33040 AUTHORIZED REPRESENTATIVE ��a,� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD