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Item C26 C26 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting May 15, 2024 Agenda Item Number: C26 2023-2454 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Debra London N/A AGENDA ITEM WORDING: Approval to award bid and approve a contract with Ferreira Construction Co., Inc. for construction of the Twin Lakes (Key Largo) Flood Mitigation Project in the amount of$21,734,258.71,partially funded by Florida Division of Emergency Management(FDEM) grant agreement B0200 and Florida Department of Environmental Protection(FDEP) grant agreement 22SRP57. ITEM BACKGROUND: The County partnered with the Florida Keys Aqueduct Authority (FKAA) to include water utility infrastructure replacement in the bid package. The FKAA portion of the bid including their bid items and 14.54% of the mobilization and maintenance of traffic is $3,160,720. The County portion of the bid including county bid items and 85.46% of the mobilization and maintenance of traffic is $18,573,538.71. Project grants total $9,415,267 and the County has budgeted the balance. The Twin Lakes (Key Largo) Flood Mitigation Project is a pilot project intended to mitigate flooding on portions of Shaw Drive, Crane Street and Adams Drive in the Twin Lakes subdivision. The project will construct a pump and treat storm water drainage system and elevate low sections of roadway based on 2040 Sea Level Rise Projections. The project is in the construction bid phase and includes Florida Keys Aqueduct Authority (FKAA) water main replacement through an interlocal agreement with FKAA and coordination with the Florida Keys Electric Cooperative per a Utility Easement Agreement to provide 3 Phase electrical power. The construction and CEI services are partially funded by a Florida Division of Emergency Management Legislative Pre -Disaster Mitigation grant and a Florida Department of Environmental Protection Resilient Florida grant. The project was approved in November of 2016 as part of the Sustainability Action Plan for a Pilot Roads/Tidal Flooding Project for specified roads in the Twin Lakes subdivision in Key Largo and the Sands subdivision in Big Pine Key, utilizing Sea Level Rise projections. PREVIOUS RELEVANT BOCC ACTION: 1055 October 18, 2023 - The BOCC approved a Florida Division of Emergency Management Legislative Pre- Disaster Mitigation grant in the amount of$5,484,300.00 for the Twin Lakes (Key Largo) Flood Mitigation Project which provides match amount for the FDEP grant and expires September 21, 2025. January 18, 2023 - The BOCC approved an interlocal agreement(ILA)with Florida Keys Aqueduct Authority (FKAA) to include water main replacement in the construction scope of work for the Twin Lakes (Key Largo) Flood Mitigation Project to be reimbursed by FKAA. November 15, 2022 - The BOCC approved a Florida Department of Environmental Protection (FDEP) Resilient Florida grant in the amount of $3,931,267 with a match of the same amount for the Twin Lakes (Key Largo) Flood Mitigation Project(expires March 31, 2025). September 21, 2022 - The BOCC approved a Florida Keys Electric Cooperative Utility Easement Agreement to provide 3 Phase electrical power for the Twin Lakes subdivision sea level rise roadway and drainage pilot project. December 8, 2021 - The BOCC approved Phase 1 of a Hazard Mitigation Grant Program agreement with Florida Division of Emergency Management to provide a portion of design funding in the amount of$130,859.36 for the Twin Lakes Sea Level Rise Pilot Project. November 20, 2018 - The BOCC approved a contract with WSP USA, Inc. in the amount of $517,518.04 for engineering design and permitting for the Sea Level Rise Pilot project - Twin Lakes and Sands. November 22, 2016 - The BOCC approved an Amendment to the Sustainability Action Plan for a Pilot Roads/Tidal Flooding Project for specified roads in the Twin Lakes subdivision in Key Largo and the Sands subdivision in Big Pine Key. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to award bid and approve a contract with Ferreira Construction Co., Inc. for construction of the Twin Lakes (Key Largo) Flood Mitigation Project in the amount of$21,734,258.71. DOCUMENTATION: Twin Lakes Construction Contract compiled - Ferreira signed.pdf FINANCIAL IMPACT: 1056 Effective Date: May 15, 2024 Expiration Date: to be substantially complete by 660 calendar days after construction notice to proceed - estimated by July 30, 2026, additional time may be required for grant closeout requirements. Total Dollar Value of contract: $21,734,258.71 Total Cost to County:$9,158,271.71. Budgeted:$9,158,271.71. Indirect Costs: Estimated ongoing costs: Revenue producing: No Grants: FDEM B0200 - $5,484,300.00; FDEP 22SRP57- $3,931,267. Project grants total $9,415,267. FKAA ILA portion to be reimbursed: $3,291,580. County Match: $3,931,267 of County Funds will be used to match FDEP grant. 1057 Standard Form of Agreement Between Owner and CONTRACTOR Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the day of in the year of Two Thousand and Twenty-Four. BETWEEN the Owner: Monroe County Board of County Commissioners (`BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the CONTRACTOR: Ferreira Construction Co, Inc. 6101 NW 74'Avenue Miami, FL 33166 ("CONTRACTOR") For the following Project: TWIN LAKES (KEY LARGO) FLOOD MITIGATION PROJECT Monroe County, Florida ("Project") Oversight for Owner: tbd—HDR Engineer: WSP USA, Inc 7650 Corporate Drive, Suite 300 Miami, FL 33126 The Owner and CONTRACTOR agree as set forth below. 1058 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary, and other Conditions), Attachments, Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and CONTRACTOR's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements, either written or oral. ARTICLE 2 The Work of this Contract The CONTRACTOR shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the CONTRACTOR with reference to the TWIN LAKES (KEY LARGO) FLOOD MITIGATION PROJECT. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350,milestone schedule.Unless the date of commencement is established by a notice to proceed issued by the Owner, the CONTRACTOR shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the CONTRACTOR. 3.2 The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 660 calendar days after the Date of Commencement,subject to adjustments of the Contract Time as provided by the Contract Document. 1059 LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 $100.00/Day $200.00/Day $750.00/Day $100,000.00-499,999.00 $200.00/Day $500.00/Day $2,000.00/Day $500,000.00 and Up $500.00/Day $1,000.00/Day $3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen,was unavoidable: (a) acts of God; (b) flood,fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, not, or other civil unrest in the geographic area of the Project;(d)government order or law in the geographic area of the Project;(e)actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by CONTRACTOR under this Section. CONTRACTOR shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. Balance of Page Intentionally Left Blank 1060 ARTICLE 4 Contract Sum 4.1 The owner shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of the Contract, for the TWIN LAKES (KEY LARGO) FLOOD MITIGATION PROJECT 4.2 The Contract Sum of Twenty-One Million Seven Hundred Thirty Four Thousand Two Hundred Fifty Eight Dollars and Seventy One Cents. ($21,734,258.71), subject to additions and deductions as provided in the Contract Documents. 4.3 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: None 4.4 Unit prices,if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the CONTRACTOR to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on accountof the Contract Sum to the CONTRACTOR as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the CONTRACTOR in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule,unless objected to by the Owner, shall be used as a basis for reviewing the CONTRACTOR's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent(5%).Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the CONTRACTOR to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change 1061 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or,if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent(5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts,if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less an amount equal to 150 percent (150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled claims,including the assessment of liquidated damages; and 5.7.2 Within 20 business days after the list of incomplete Work is created the Owner must pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the Owner less an amount equal to 150 percent(150%)of the estimated cost to complete the incomplete Work(i.e. "punch"list items); and 5.7.3 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage,if any, shall be as follows: None. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the CONTRACTOR when (1) the Contract has been fully performed by the CONTRACTOR except for the CONTRACTOR's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. In accordance with the Federally Funded Subaward&Grant Agreement between Monroe County and the Florida Division Emergency Management (FDEM), the Contractor shall submit its final Project Certificate in order to allow sufficient time for the County/Owner to submit its Final invoice to FDEM within 60 days after expiration of the Grant Agreement. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 1062 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 7.3 Temporary facilities and services: none. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime 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, CONTRACTOR further represents that there has been no determination,based on an audit,that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity, may not be awarded or perform work as 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,for CATEGORY TWO for aperiod of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a. Right to Audit Availability ofRecords. 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 Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters,rights,duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as,but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall 1063 repay the monies together with interest calculated pursuant to Section 55.03, F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. b. Maintenance of Records: CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten 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. As applicable, the exceptions as set forth in 2 C.F.R. 200.334 shall be imposed. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the date the monies were paid by the COUNTY. c. 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 CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. d. 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 CONTRACTOR 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. e. Attorney's Fees and Costs: The County and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation 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.Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. f. Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and CONTRACTOR and their respective legal representatives, successors, and assigns. g. 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. 1064 h. Claims for Federal or State Aid: CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,seek,and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of funding that effect the Project will be provided to each party. i. Nondiscrimination/Equal Employment Opportunity: CONTRACTOR and its subcontractors and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) and the regulations issued pursuant thereto which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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 CONTRACTOR,in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11,¶C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color,religion,sex, sexual orientation,gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 1065 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color,religion,sex, sexual orientation, gender identity,or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CONTRACTOR's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules,regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the 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 CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of the 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 maybe 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. As amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may 1066 direct as a means of enforcing such provisions, including sanctions for non- compliance;provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of 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. i) Covenant of No Interest: County and CONTRACTOR 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. j) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) No Solicitation/Payment: The County and CONTRACTOR warrant that,in respect to itself,it has neither employed nor retained any company or person,other than abona 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 CONTRACTOR agrees that the County shall have the right to terminate this Agreement without liability and,at its discretion,to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 1) Public Records Compliance: CONTRACTOR must comply with Florida public records laws,including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONTRACTOR shall allow and 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 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 aprevailing party,be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the 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. 1067 (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. 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 BRADLEY- BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28,Florida Statutes, the participation of the County and the CONTRACTOR 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. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws,ordinances,and rules,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. 1068 o) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. p) 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 County and the CONTRACTOR agree that neither the County nor the CONTRACTOR 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 orbenefits under this Agreement separate and apart,inferior to,or superior to the community in general or for the purposes contemplated in this Agreement. q) Attestations: CONTRACTOR 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. r) No Personal Liability:No covenant or agreement contained herein shall be deemed tobe 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. s) 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. t) 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. u) Special Conditions,if any are detailed in Section 01000 of the Project Manual for this Project. v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,the CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, from and against (1) claims, actions or causes of action, (ii) litigation, administrative proceedings,appellate proceedings,or other proceedings relating to any type of injury (including death),loss,damage,fine,penalty or business interruption,and(iii)costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed 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 CONTRACTOR and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. In so far as the claims, actions, causes of action,litigation,proceedings,costs or expenses relate to 1069 events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others)is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought, or actions are filed against the County with respect to the indemnity contained herein, the CONTRACTOR agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The CONTRACTOR agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The CONTRACTOR further agrees to pay at the CONTRACTOR's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels.The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. Florida Department of Environmental Protection and Florida Division of Emergen jL Management Indemnification To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the Agency (COUNTY), the State of Florida, Department of Environmental Protection and Division 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 CONTRACTOR and persons employed or utilized by the CONTRACTOR 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 Agency's (COUNTY's) sovereign immunity requirement. The CONTRACTOR will include the above indemnification in any sub-contracts. w) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR 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 Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. x) Cancellation: In the event that the CONTRACTOR shall be found to be negligent in any aspect of installation,stocking,maintenance,repair,or service,the County shall have the right to terminate this agreement after five (5)calendar days' written notification to the CONTRACTOR. y) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, County and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 1070 z) Insurance: Prior to commencement of work the CONTRACTOR will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction CONTRACTORS and Subcontractors. The CONTRACTOR shall name the Monroe County Board of County Commissioners, its employees and officials and the Florida Department of Environmental Protection and Florida Division of Emergency Management as "Additional Insured"on all policies except for Worker's Compensation. aa) Inspector General: The CONTRACTOR agrees to comply with s.20.055(5) Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5),Florida Statutes. "(5) It is the duty of every state officer, employee, agency, special district, board, commission, CONTRACTOR, and subcontractor to cooperate with the inspector general in any investigation, audit,inspection,review, or hearing pursuant to this section." bb) E-Verify System -Beginning January 1, 2021,in accordance with F.S.448.095, the Contractor and any subcontractor 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 Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 cc) Ethics Clause. CONTRACTOR warrants that he/it had not employed,retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of 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. 7.7 Ownership of the Project Documents: The documents prepared by the CONTRACTOR for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 7.8 Successors and Assigns: The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors,assigns and legal representatives of such other party. 7.9 No third-Party Beneficiaries:Nothing contained herein shall create any relationship, contractual or otherwise,with or any rights in favor of, any third party. 7.10 The CONTRACTOR will provide copies of subcontractor agreements prior to execution to ensure that the contract provisions are included in these subcontractor agreements.All subcontractor agreements must comply with applicable federal and state requirements.Attachment A Grants. 1071 7.11 Wage Rates for Federal-Aid Projects.For this Contract,payment of predetermined minimum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in Attachment B, as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s)(Wage Tables)through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with Section 00100 Instruction to Bidders. 7.12. The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended. The contractor and all subcontractors are bound by all applicable state and federal laws and regulations. 7.12.1 Davis-Bacon Act: as amended(40 U.S.C. §§3141-3148).When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144,and§§3146-3148)as supplementedby Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. The current prevailing wage determination issued by the Department of Labor is included and attached as Attachment B. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The COUNTY must report all suspected or reported violations to the Federal awarding agency.When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS, in contracts for construction or repair work above $2,000 in situations where 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. pt. 3 as may be applicable,which are incorporated by reference into this contract. 1072 (2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible forthe 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. 7.12.2. Copeland "Anti-Kickback" Act The CONTRACTOR will comply with the Copeland Anti-Kickback Act of 1986,41 U.S.C. Chapter 87 which outlaws and prescribes penalties for"kickbacks"of wages in federally financed or assisted construction activities. 7.12.3.For this Contract,payment of predetermined minimum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in Attachment B, as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls,and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. 7.12.4 Contract Work Hours and Safety Standards Act of 1962: (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required 1073 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 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 29 C.F.R. §5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor 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 29 C.F.R. § 5.5 (b)(1),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 paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholdingfor unpaid wages and liquidated damages. The Federal agency/FEMA 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 contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through(4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through(4). 7.12.5 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 7.12.6 Clean Air Act: (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act commonly referred to as the Clean Water Act of 1977: (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be 1074 reported to the Federal awarding agency/FEMA 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 contractor 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 contractor agrees to report each violation to the COUNTY and 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. CONTRACTOS agrees to comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act(42 U.S.C. 7401-7671q; 42 U.S.C. 1857), Section 508 of the Clean Water Act as amended (33 U.S.C. 1251-1387), Executive Order 11738, and the U.S. Environmental Protection Agency Regulations (40 C.F.R., Part 15 and 61) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). This clause shall be added to any subcontracts. 7.12.7 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 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." And the Department of Homeland Security's regulations at 2 C.F.R. Part 300 (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 at rwW.w;,,.sa1 i,,g,9.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 and other State and Federal agencies.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 and other State agencies, 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. 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.ill.This certification is a material representation of fact relied upon by the Division. 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 Division, the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees 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. 1075 7.12.8 Byrd Anti-Lobbying Amendment: (31 U.S.C. 1352)—CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the . recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 7.12.9 Compliance with Procurement of recovered materials: As set forth in 2 CFR § 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amendment by the Resource Conservation and Recovery Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. 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 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, ;c�,y/�nrrrY/cc�nrl un rrie,tit guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 7.12.10 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216_Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a c0.r 11, c1 to procure or obtain;or(3) Enter into a c,oii.11'ac,l(or extend or renew a contract) to procure or obtain c cui; nrcr:;l, services, or systems that uses covered telecommunications e,cgrua,;�rr or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in PUblic I_aw 11 y 2;3I section 889, covered telecommunications (chit'llne'nt is telecommunications e,cicui in(rit produced by Huawei Technologies Company or ZTE Corporation (or any j!12,5%d;iary„or affiliate of such entities). (i)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications e,cicui in(rit produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any ;u;l, %, ;iar,y„or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such e,,il;tux:.:Xrle (iii) Telecommunications or video surveillance e, cui cg ,nrent or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 1076 7.12.11 Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron,aluminum,steel,cement,and other manufactured products).These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States"means,for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass,including optical fiber; and lumber. 7.12.12 Americans with Disabilities Act of 1990 (ADA): The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.12.13 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and CONTRACTORS shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts.The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color,national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses,women Is 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 contractor,if subcontractor are to be let,to take the affirmative steps listed in paragraph(1) through(5) of this section. 1077 7.12.14 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.12.15 Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 7.12.16 Flood Insurance - CONTRACTOR will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended,42 U.S.C. 50,including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA),the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www. rya. cw/ c.�.. �ta1 � �it ot]s.s itm. 7.12.17 Uniform Federal Accessibility Standards CONTRACTOR will require every building or facility(other than a privately owned residential structure)designed, constructed,or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards,"(AS)which is Appendix A to 41 C.F.R. Section 101-19.6 for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures. The Sub-recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 7.12.18 National Historic Preservation Act of 1966 Environmental Policy Act of 1969, CONTRACTOR WILL comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.),Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U.S.C. 3125)by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R., Section 800.8)by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "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 responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act(NHPA), 54 U.S.C., and implementing regulations in 36 C.F.R.,Part 800. 1078 (4)When any of the Sub-recipient's projects funded under this Agreement may affect a historic property, as defined in 36 C.F.R.,Part 800.16 (I)(1),the Federal Emergency Management Agency(FEMA)may require the Sub-recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended 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 Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards,the Sub-recipient agrees to participate in consultations to develop, and after execution by all parties,to abide by, a written agreement that establishes mitigation and recondition measures,including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees;excavation of footings and foundations,and installation of utilities(such as water,sewer,storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archaeological property or will make recommendations for the development of a treatment plan for the recovery or archaeological data from the property. If the Sub-recipient is unable to avoid the archeological property, develop,in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not obj ect within fifteen(15)calendar days of receipt of the treatment plan, FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council or the SHPO object, Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a)of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a LPDM project for a National Register eligible or listed property; (c)if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Subrecipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Subrecipient 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 SHPO. The Sub-recipient also acknowledges that FEMA will require, and the Sub-recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub-recipient acknowledges that,unless FEMA specifically 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. 7.12.19 Endangered Species Act of 1973, 16 U.S.C. 1531-1544; CONTRACTOR will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544. 7.12.20 CONTRACTOR will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 54 U.S.C.; 1079 7.13. Statement of No Conflict: Neither the COUNTY nor any of its CONTRACTORS or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the COUNTY or the locality during tenure or for 2 years thereafter has any interest,direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the COUNTY,the COUNTY, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the COUNTY or the locality relating to such contract, subcontract or arrangement. The COUNTY shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its CONTRACTORS to insert in each of their subcontracts, the following provision: "No member, officer or employee of the COUNTY or of the locality during his tenure or for 2 years thereafter shall have any interest,direct or indirect,in this contract or the proceeds thereof" The provisions of this paragraph shall not be applicable to any agreement between the COUNTY and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 7.14. CONTRACTOR will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347. CONTRACTOR will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S.C. 3125 CONTRACTOR will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j-27,regarding the protection of underground water sources. CONTRACTOR will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); CONTRACTOR will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510; CONTRACTOR will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-14674; and CONTRACTOR will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668. 7.15.Additional FEMA Requirements: Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 1080 DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract changes or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. 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. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Grant Agreement(s): The CONTRACTOR is bound by the terms and conditions of the Federally Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) and the Standard Grant Agreement between the COUNTY and the Florida Department of Environmental Projection (FDEP). The CONTRACTOR shall hold the Division, FDEP and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement,to the extent allowed and required by law. ARTICLE 8 Termination or Suspension 8.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) calendar days' written notification to the CONTRACTOR. 8.2 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. 8.3 Termination for Cause and Remedies: In the event of breach of any contract terms,the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds 1081 remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach.The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement.In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. 8.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience,at any time, upon sixty (60) days' notice to CONTRACTOR. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination,the COUNTY shall provide CONTRACTOR with five(5)calendar days'notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. 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. 8.5 For Contracts of any amount,if the County determines that the CONTRA CTOR/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 CONTRA CTOR/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. 8.6 Suspension of the Work pursuant to 23 CFR 635.109, 2) Suspensions of work ordered by the engineer. (1) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing (ii)for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of (iii) such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (iv)Upon receipt,the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor,its suppliers,or subcontractors at any approved tier, and not caused by weather,the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (v) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (vi)No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 1082 Article Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement,are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and CONTRACTOR. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated November 2023 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project, including attachments. 9.1.4 The Specifications are those contained in the Project Manual dated November 2023 as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: WSP Engineering Signed and Sealed Drawings dated: 8.1.23 Sheets: G-IA, SQ-IA, SD-IA - SD-1B, G-2A - G3A, G4-A-G5A, G-6A— G7-A, GBA, G9-A thru G-13A, SW-lA thru SW-6A, RD-lA thru RD-9A,RD-l0A —RD-11A, RD-12A thru RD- 18A, RD-19A, RD-20A thru RD-24A, RD-25A, RD-26A thru RD-28A, TC-IA, TC-2A thru TC-5A, SP-IA, SP-2A thru SP-5A, PS-IA, PS-2A, PS-3A, PS-4A-PS5A, PS-6A-PS-7A, PS-8A, PS-9A, E-IA thru E-13A, S-OA, S-IA, S-2A, S-3A, S-4A, S-5A thru S-7A, S-8A thru S-11A, EC-IA thru EC-14A. FKAA plans dated 10.4.23. 9.1.6 The Addenda,if any, are as follows:I through 5. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents,if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110, See Article 1; 9.1.8. The subrecipient and contractors are subject to 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. Subrecipient and contractors must comply with all audit requirements outlined in the contract and Attachment's J and K. Records relating to compliance and terms of the contract must be retained for a period of 6 years from the date Florida Department of Environmental Protection and Florida Division of Emergency Management issues the final closeout for this award. 1083 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date executed and deemed an original contract,electronically signed,and transmitted if acceptable. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By: By .............. As Deputy Clerk Mayor Date MONROE COUNTY ATTORNEY CHRISME LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY DATE--4L29124. (SEAL) FERREIRA CONSTRUCT.'. CO.)XV. Attest: By: ........... By: lar e Title: ki 1084 ATTACHMENT A 1085 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU FISCAL OPERATIONS UNIT NON DISASTER REQUEST FOR REVIEW AND APPROVA L SUB-RECIPIENT: Monroe Count BOCC PROJECT#: LPDM-PJ-04-FL-2022-001 PROJECT TITLE: Monroe County, Twin Lakes Subdivision, Sea Level Rise Project CONTRACT#: B0200 MODIFICATION#: N/A SUB RECIPIENT REPRESENTATIVE POINT OF CONTACT Judith Clarke Director, Monroe County Engineering Services 1100 Simonton Street Key West, FL 33040 Enclosed is your copy of the proposed contract/modification between Monroe Count BOCC and the Florida Division of Emergency Management (FDEM). COMPLETE ❑X This form is required to be included with all Reviews, Approvals, and Submittals ❑X Reviewed and Approved ® Signed & Dated Electronic Copy by Official Representative ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief © Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements X❑ Attachment K—Certification Regarding Lobbying - completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements ❑ Electronic Submittal to the Grant Specialist If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4532 or email me at Susan.Harris-Council@em.myflorida.com. 1086 Agreement Number: B0200 Project Number: LPDM-PJ-04-FL-2022-001 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass-through entity" means "a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Sub-Recipient" means "an entity, usually but not limited to non- Federal entities that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.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 by 2 C.F.R. §200.1, "subaward" means "an award provided by a pass-through entity to a 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 to 2 C.F.R. §200.332: Sub-Recipient's name: Monroe County BOCC Sub-Recipient's unique entity identifier(UEI/FEIN): QKLSCT2LM7M9/59-6000749 Federal Award Identification Number (FAIN): EMA-2022-PD-0001 Federal Award Date: May 22, 2023 Upon execution through September 21, Subaward Period of Performance Start and End Date: 2025 Amount of Federal Funds Obligated by this Agreement: $5,484,300.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $5,484,300.00 Total Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity $5,484,300.00 Federal award project description (see FFATA): Sea Level Rise Project Name of Federal awarding agency: Federal Emergency Management Agency Name of pass-through entity: FL Division of Emergency Management Contact information for the pass-through entity: Susan.Harris-Council em.myflorida.com Catalog of Federal Domestic Assistance (CFDA) Number and 97.047 Legislative Pre-Disaster Mitigation Name: Grant Program Whether the award is R&D: N/A Indirect cost rate for the Federal award: N/A 1 1087 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County BOCC, (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: 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 below; 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 2 C.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 is required to perform. 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 minimum 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 of unobligated funds which has been advanced or paid must be refunded to the Division. 2 1088 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 refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In 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 as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: 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: Susan Harris-Council Project Manager Bureau of Mitigation Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: (850)815-4532 Email: Susan.Harris-Council em.myflorida.com 1. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Judith Clarke Director, Monroe County Engineering Services 1100 Simonton Street Key West, FL 33040 Telephone: (305)295-4329 Email: clarke-judith@monroecounty-fl.gov 3 1089 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 September 21, 2025, 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. 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 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $5,484,300.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, 4 1090 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. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 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 of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(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 of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.329, that the Division and the Sub-Recipient"relate financial data to performance goals and objectives of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services")and 2 C.F.R. §200.431 ("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. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in 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 met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. 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. 5 1091 h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), 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 Sub-Recipient. j. As defined by 2 C.F.R. §200.1, the term"improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an 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 law), 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 by 2 C.F.R. §200.336, 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 award, 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. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.332(a)(5), the Division, the Chief Inspector General of 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. 6 1092 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. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes)and by 2 C.F.R. §200.334, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as 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 to the five (5)year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, 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 costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or 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 requirement, the retention period for the records pertaining to the earning of the program income 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 of 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). d. In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request transfer of certain records to its custody from the Division or 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 of Agreement information to and 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 7 1093 forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, 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, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the 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. However, 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. If a public agency delegates the performance of 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, if a volunteer 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 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency) in conjunction with official business which are used to 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 a public 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 by a 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. 8 1094 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 of the Budget and Scope of Work-Attachment A-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@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, 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 2 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 Standards ("GAGAS"). As defined by 2 C.F.R. §200.1, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or 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 (30)days after the Division has notified the Sub-Recipient of such non- compliance. 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: 9 1095 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. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. 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 Attachment F. (13) MONITORING 10 1096 a. The Sub-Recipient shall monitor its performance under this Agreement, as well 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 of Deliverables 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. In addition to reviews of audits, monitoring procedures may include, but not be limited 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 to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, 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 from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a 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 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of 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 out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the 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 (16); 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: 11 1097 a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any 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 time 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 is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time 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's failure to cure within those thirty(30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class 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; c. Withhold or suspend payment of all or any part of a 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: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is 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 of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. 12 1098 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 this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or 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 Sub-Recipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30)days written 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 further expenditure of funds, by providing the Sub-Recipient with thirty (30)calendar day's prior written notice. c. 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 of the 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 be disallowed. 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 a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall "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 price." 13 1099 c. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors 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 harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. e. As required by 2 C.F.R. §200.318(c)(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 of contracts." f. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do 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 on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. g. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. 14 1100 h. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(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 businesses, women's 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 in 2 C.F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub-Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 or the requirements of Appendix II to 2 C.F.R. Part 200, then the Sub-Recipient is on notice that the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17)above; or, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. I. FEMA has developed helpful resources for subgrant recipients related to compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. These resources are generally available at https://www.fema.gov/procurement-disaster-assistance-team. (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A—Budget and Scope of Work iii. Attachment B— Program Statutes and Regulations iv. Attachment C—Statement of Assurances 15 1101 V. Attachment D— Request for Advance or Reimbursement vi. Attachment E—Justification of Advance Payment vii. Attachment F—Quarterly Report Form viii. Attachment G—Warranties and Representations ix. Attachment H —Certification Regarding Debarment X. Attachment I — Federal Funding Accountability and Transparency Act A. Attachment J —Mandatory Contract Provisions xii. Attachment K—Certification Regarding Lobbying (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be 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 if a reimbursement has been paid prior to the submittal of a 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 or services. The final invoice shall be submitted within sixty(60) days after the expiration date of the agreement. An explanation of any circumstances 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. c. 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 to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty(30)days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 16 1102 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 or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, 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 information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the 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 of this 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. c. 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 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 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 or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, 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 or affiliates: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified from covered transactions by a federal department or agency; 17 1103 ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, 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 statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph (22)f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. g. In addition, the Sub-Recipient shall send to the Division (by email or by 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 a 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 to the 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 Division's 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 8 U.S.C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. 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 of or improvements to real property are contingent upon the contractor or political subdivision 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 a false certification as provided under section 287.135(5), Florida Statutes, or been 18 1104 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, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23) LOBBYING PROHIBITION a. 2 C.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, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on 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, an officer or employee of Congress, or an 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 or 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 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 Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose. iv. 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, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 19 1105 (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 TO THE STATE OF FLORIDA; AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright 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 in 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 to the State of Florida. If any books, manuals, films, or other copyrightable 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. c. Within thirty(30)days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any 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 of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is 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 shall retain a perpetual, irrevocable, 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 to the terms of this Agreement. 20 1106 (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is 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, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under 21 1107 this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by 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. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the 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. viii. The contractor 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 subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of 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 in work on or under the contract. c. 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 22 1108 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 11246 of September 24, 1965, with a contractor 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 II, 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 in whole or in part this grant (contract, loan, insurance, 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: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. 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 23 1109 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. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). (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. iii. This certification is a material representation of fact relied upon by the Division. 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 Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees 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. (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 clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more shall file 24 1110 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 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 to tier up to the 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 2 C.F.R. §200.321, 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 possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. 25 1111 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 businesses, 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"). (33)ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 26 1112 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: MONROE COUNTY BOCC By: Name and Title: Roman Gastesi, County Administrator Date: 10.19.2023 FEID#: MONROE COUNTY ATTORNEY CHRRTINE LIMBERT•BARROWS ASSISTANT COUNTY ATTORNEY DATE; 10/16/23 ....................------.- STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 27 1113 EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.047 Award amount: $ 5,484,300.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A)of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 C.F.R. Part 205 Rules and Procedures for Funds Transfers Federal Program: 1. Sub-Recipient is to use funding to perform the following eligible activities: • Other projects that reduce future disaster losses (Seal Level Rise Project) 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 28 1114 Attachment A Scope of Work and Budget STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage in the Twin Lakes Subdivision, Monroe County, Florida, funded through the Legislative Pre-Disaster Mitigation Assistance Grant Program(LPDM), LPDM- PJ-04-FL-2022-001, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency(FEMA). The Sub-Recipient, Monroe County, agrees to administer and complete the project per sealed engineering designs and construction plans as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Legislative Pre-Disaster Mitigation Assistance Grant Program project, the Sub-Recipient proposes drainage improvements for the Twins Lake Subdivision, specifically along Adams Drive, Crane Street, and Shaw Drive between Crane Street and Brown Drive in Key Largo, Florida, 33037. The LPDM construction scope of work shall consist of regrading and/or elevating the roadway above the minimum target elevation of 13 inches NAVD88 based on 2040 sea level rise projections, constructing a gravity wall along a portion of the boundary between the edge of the road and the wetland and installing a new stormwater drainage system. The proposed stormwater drainage system consists of a gravity collection system with a new elevated pump station discharging into five (5)injection wells through 30-inch and 24-inch ductile iron pipe (DIP) pressurized force mains. To facilitate the conveyance of runoff to the pump station, a gravity collection system shall be established, featuring the installation of swales, culverts, inlets, manholes, and two (2)trunk line connecting manholes. The pump station itself is composed of four (4)wet wells, four (4)valve boxes, a treatment unit, and associated electrical equipment necessary for its operation, which includes the installation of approximately 3,600 linear feet of four (4) 4-inch duct bank Poly Vinyl Chloride (PVC)conduit line. The project also includes the purchase and installation of a 450-kW elevated permanent diesel generator, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical utility, and an automatic transfer switch (ATS). The roads to be mitigated are low lying, bordered by wetlands and two canals, and due to storms, tides, and sea level rise, are increasingly susceptible to long duration street flooding, resulting in the inability to enter/exit their residences. The project shall address the flooding issues causing residents to experience repetitive flooding on roads and structural damages. The project shall provide protection to at least a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. The generator, pump station, and all associated electrical components shall be protected against a 500- year flood event by implementing specific activities or by locating the generator(s)outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood Insurance Program (NFIP) requirements and shall be protected against wind with a rated enclosure and appropriate anchoring based on its location requirements per ASCE 7 standards. The selected site shall provide sufficient space to maintain and fuel the generator(s) and shall comply with the National Electrical Code working clearance requirements. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: 29 1115 T Location Coordinates Northern Bounda 25.138253, -80.412208 Southern Boundar 25.126097, -80.413671 Pump Station (25.133319, 80.412287) TASKS&DELIVERABLES: 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 documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub- Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub-Recipient shall monitor and manage the installation to improve the drainage and provide flood protection. The project shall be implemented in accordance with sealed engineering designs and construction plans previously presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. The Sub-Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub-Recipient shall not deviate from the approved project terms and conditions. 30 1116 Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub-Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub- Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) Signed and Sealed As-built project plans(drawings)by the Professional of Record,two hard copies and an electronic version (via email or CD). b) Letter of Completion: 1. Affirming that the project was completed in conformance with the approved project drawings, specifications and scope; and 2. Certifying Compliance with all applicable codes. c) Letter verifying compliance with the National Historic Preservation Act, to include whether archaeological features or deposits, prehistoric or historic artifacts, or human remains were encountered during project activities and, if so, how they were handled in accordance with Florida Statutes, Section 872.05. d) Verification letter or documentation showing compliance with the conditions of the Florida Department of Environmental Protection (FDEP) Injection Control Permit. e) Verification letter or documentation stating that all construction activities occurred within the existing footprint of the property and that no staging of equipment occurred in the areas designated as a floodplain. f) Verification letter or documentation stating that all construction activities, staging activities, and storage were not located in or impacted any adjacent wetlands. g) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each reimbursement request attesting to the completion of the work, 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 supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. 31 1117 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. 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. Quarterly reports shall be submitted by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, sealed engineering designs, and construction plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of drainage improvements to the Twin Lakes Subdivision in Monroe County, Florida, to include mitigating flooding on portions of Shaw Drive, Crane Street and Adams Drive. Twin Lakes Subdivision is located at mm 103 Bayside in Key Largo, Florida Keys. Shaw Drive, Crane Street, and Adams Drive are all partially located within the VE 9,AE 7,AE 9,AE 10 Firm Flood Hazard Areas. The project will construct a pump and treat storm water drainage system including drainage structures, wet wells, pollution treatment device, and a related elevated pump station These roads are bordered by wetlands and two canals, are low lying and due to storms, tides and sea level rise, these roads are subject to repetitive flooding. The project will mitigate flooding by elevating low portions of the roads to a target elevation of 13 inches NAVD88 based on 2040 SLR projections. The project constructs a gravity wall along a portion of the boundary between the edge of the road and the wetland and installs a storm water collection,treatment and disposal system to manage stormwater on the roadway. Portions of the roadway are low and are impacted by SLR and also the King Tides. Currently there is no engineered drainage system in the subdivision; stormwater drainage has occurred by gravity via swales and exfiltration trenches that no longer function due to SLR and king tide impacts. The project shall provide protection to at least a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. The generator, pump station, and all associated electrical components shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s) outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood Insurance Program (NFIP) 32 1118 requirements and shall be protected against wind with a rated enclosure and appropriate anchoring based on its location requirements per ASCE 7 standards. The selected site shall provide sufficient space to maintain and fuel the generator(s)and shall comply with the National Electrical Code working clearance requirements.Activities shall be completed in strict compliance with Federal, State and Local applicable 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 REQUIREMENTS: C) Engineering: 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100%complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall submit a signed and sealed final copy of the completed project's As-built drawings and all necessary supporting documentation, and provide a summary of all contract scope of work changes, if any. 3) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final Approval, as applicable. 4) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub- Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes. 5) All installations shall be done in strict compliance with the Florida Building Code or any local codes and ordinances. All materials shall be certified to exceed the wind and impact standards of the current local codes. 6) The Sub-Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. D) Environmental: 1) Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work)and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 2) Any change, addition or supplement to the approved Scope of Work that alters the project(including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require re-submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) re-evaluation before starting project work. 33 1119 3) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If human remains or intact archaeological deposits (e.g. arrowheads, pottery, glass, metal, etc.) are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures to avoid or minimize harm to the finds shall be taken. The Sub-Recipient shall ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub-Recipient's contractor shall provide immediate notice of such discoveries to the Sub-Recipient. The Sub-Recipient shall notify the Florida Division of Historic Resources, the Division's State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division have completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately, and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 4) All construction activities must occur within the existing footprint of the property. There shall be no staging of equipment in the areas designated as a floodplain. 5) Construction activities, staging activities, and storage shall not be located in or impact any adjacent wetlands. 6) The Sub-Recipient must comply with the conditions of the Florida Department of Environmental Protection (FDEP) Injection Control Permit. Failure to comply with this condition may jeopardize FEMA funding; verification of compliance shall be required at project closeout. 7) Due to ground disturbing activities, the following special condition regarding unexpected discoveries should be included during project activities: *. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European,or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The Sub-Applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245- 6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 8) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) 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 for closeout. 34 1120 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 writing and submitted, along with substantiation of the 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 LPDM 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 the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) If the Sub-Recipient is not the current title holder of the affected properties, the Sub-Recipient shall provide documentation confirming the property acquisition and easement rights were obtained voluntarily. If condemnation or eminent domain is used to obtain easement rights, FEMA shall not pay for any associated costs or payments to the property owner. Furthermore, FEMA shall not consider it an eligible contribution to the non-Federal cost share requirement and shall not financially participate in that component of a project if land or easements are obtained involuntarily. F) FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK: State Contracting: 2 Months Construction Plan/Technical Specifications: 2 Months Bidding /Local Procurement: 2 Months Permitting: 2 Months Construction/ Installation: 12 Months Local Inspections/Compliance: 1 Months State Final Inspection /Compliance: 2 Months Closeout Compliance: 1 Months Total Period of Performance: 24 Months 35 1121 Funding Summary Totals Federal Share: $5,484,300.00 (45.97693248%) Non-Federal Share: $6,444,073.00 (54.02306752%) Total Project Cost: $ 11,928,373.00 (100.00%) BUDGET Line Item Budget* Project Cost Federal Cost Non-Federal Cost Construction: $11,340,900.00 $5,214,197.94 $6,126,702.06 Construction Engineering & Inspection (CEI) Services: $587,473.00 $270,102.06 $317,370.94 Project Total: $ 11,928,373.00 $ 5,484,300.00 $6,444,073.00 *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. This is FEMA project number LPDM-PJ-04-FL-2022-001. It is funded under LPDM Grant Program and must adhere to all program guidelines established for the LPDM Grant Program. The Period of Performance for this project shall end on September 21, 2025. 36 1122 Attachment B Program Statutes and Regulations The parties to this Agreement and the Legislative Pre-Disaster Mitigation (LPDM)Grant Program are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Legislative Pre-Disaster Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations, the Sub-recipient must comply with the following: The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A(Budget and Scope of Work)attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub-recipient and any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub-recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to the LPDM as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. 37 1123 (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. The LPDM Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 C.F.R. §206.438(b). The National Environmental Policy Act (NEPA)stipulates that additions or amendments to a LPDM Sub-Recipient Scope of Work (SOW)shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must"obtain prior written approval for any budget revision which result in a need for additional funds" (2 C.F.R. §200.308); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub-recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty(60)days prior to the project expiration date. The Sub-recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes 38 1124 (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes (14) 2 C.F.R. Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (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) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and Part 39 (23) 42 U.S.C. 5154a 39 1125 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub-recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub-recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is received by the Sub-recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub-recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub- recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub- 40 1126 recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107)which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to section 112.313 and section 112.3135, Florida Statutes; (h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Chapter 87 which outlaws and prescribes penalties for"kickbacks"of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 5 U.S.C. 7323 (further known as the Hatch Act)which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 50, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k) It will require every building or facility(other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS)which is Appendix A to 41 C.F.R. Section 101- 19.6 for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures. The Sub-recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (I) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.), Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U.S.C. 3125) by: 41 1127 (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R., Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "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 responsibilities of Federal and State entities in implementing Section 106 of the National Historic 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 projects funded under this Agreement may affect a historic property, as defined in 36 C.F.R., Part 800.16 (1)(1), the Federal Emergency Management Agency(FEMA) may require the Sub-recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO)and suggest methods of repair or construction that will conform with the recommended 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 Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub-recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks)except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub-recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15)calendar days of receipt of the treatment plan, FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council or the SHPO object, Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a)of any changes in the approved scope of work for a National Register eligible or listed property; (b)of all changes to a project that may result in a supplemental DSR or modify a LPDM project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be 42 1128 eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub- recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub- 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 SHPO. The Sub-recipient also acknowledges that FEMA will require, and the Sub-recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub-recipient acknowledges that, unless FEMA specifically 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 (including limited English proficiency). (2) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. (3) Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. (4) Age Discrimination Act of 1975, which prohibits discrimination based on age. (5) U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686)which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4541-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.)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. 2131-2159), 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; (t) It will comply with Title VI I I of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and 43 1129 Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7675; (v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-1388 (w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4701-4772; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 54 U.S.C.; W It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S.C. 3125 (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j-27, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; R It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-14674; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668. Qj) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub- recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. 44 1130 (3) Furnish documentation of all qualified personnel, 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 requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results 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 structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers 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 wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857), Section 508 of the Clean Water Act (33 U.S.C. 1251-1388), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R., Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 45 1131 Attachment D REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB-RECIPIENT: Monroe County BOCC REMIT ADDRESS: 1100 Simonton Street CITY: Key West STATE: FL ZIP CODE: 33040 PROJECT TYPE: Sea Level Rise Project PROJECT#: LPDM-PJ-04-FL-2022-001 PROGRAM: Legislative Pre-Disaster Mitigation Grant CONTRACT#: B0200 Program BUDGET: FEDERAL SHARE: LOCAL: ADVANCED RECEIVED: N/A AMOUNT: SETTLED? Invoice Period: through Payment No: Total of Previous Payments to Date: (Federal) Total of Previous SRMC to Date: (SRMC Federal) Total Federal to Date: (Total Federal Paid) Eligible Amount Obligated Federal Obligated Local Division Use Only 100/o Amount Non-Federal (Current Request) 45.97693248% 54.02306752% Approved Comments TOTAL CURRENT REQUEST: $ 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. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB-RECIPIENT SIGNATURE: NAME: TITLE: DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ APPROVED SRMC TOTAL: $ DIVISION DIRECTOR APPROVED FOR PAYMENT $ DATE 46 1132 Attachment D (cont.) SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM SUB-RECIPIENT: Monroe County BOCC PAYMENT#: PROJECT TYPE: Sea Level Rise Project PROJECT#: LPDM-PJ-04-FL-2022-001 PROGRAM: Legislative Pre-Disaster Mitigation CONTRACT#: B0200 Grant Program REF NO2 DATE DOCUMENTATION 4 (Check) ELIGIBLE AMOUNT COSTS 100% 1 2 3 4 5 6 7 8 This payment represents % cr mpietion of the project. TOTAL 2 Recipient's internal reference number(e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule ) 3 Date of delivery of articles, completion of work or performance services. (per document) 4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category(Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 47 1133 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: MONROE COUNTY BOCC If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example 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 by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty(30) days of receipt, along with any interest earned on the advance. 48 1134 AttamchnnemdF QUARTERLY REPORT FORM Instructions: Complete and submit this form bz State Project Manager within/5'dayo after each quarter: SUB-RECIPIENT: Monroe County BOCC PROJECT#: LPQM-PJ-04-FL'2022-001 PROJECT TYPE: Sea Level Ri Project CONTRACT#: B0200 Legislative Pre-Disaster Mitigation Grant PROGRAM: Program QUARTER ENDING: Advance Payment Information: Advance Received [] N/AF-1 Amount Advance Settled?Yes El No El Financial Amount to Date: Sub-RecipientTotal P Target Dates (State A0reennenq: Contract Execution Date: Contract Expiration Date: Date Deliverables Submitted: Closeout Requested Date: Describe Milestones achieved during this quarter: Project Proceeding onSchedule? El Yes F1No (If No, Describe under/oaueabelow) Percentage of Milestones completed toDate: % Describe Activities'Milestones completed this quarter only: Schedule of the Mi|ostonos-Aohvihos: Milestone Dates (estimated) State Contracting Closeout Compliance Estimated Project Completion Date: Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: El Cost Unchanged El Under Budget El Over Budget Cost/Financial Comments: NOTE:Events may occur between quarterly reports, which have significant impact upon your po?jenbs). such ao anticipated overruns, changes/n scope of work, extensions. Contact the Division ao soon ao these conditions are known, otherwise you could bo non-compliant with your sub-grant award. Sub-Recipient Contract Representative (POC): Signature: Phone: - To be completed by Florida Division of Emergency Management Proiect Manager- Project Manager Statement: LJNo Action Required, 0R F-1 Action Required: PM Percentage of Activates competed per PM Review QR Milestones Spreadsheet- % Date Reviewed: Reviewer: Project Manager 40 1135 Attachment G Warranties and Representations Financial Management The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.327). Business Hours The Sub-Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM -5:00 PM, Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. 50 1136 Attachment H Certification Regarding Debarments Susp4nsion Ineligibility And Voluntary,Exclusion, Subcontractor Covered Transactions The prospective subcontractor, of the Sub-Recipient certifies, by submission of this document, that neither it, its principals, nor affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency. SUBCONTRACTOR By: Monroe County BOCC Signature Sub-Recipient's Name B0200 Name and Title DEM Contract Number LPD M-PJ-04-FL-2022-001 Street Address FEMA Project Number City, State, Zip Date 51 1137 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA)was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is Ih)tt i)::// .LJS,.�sI)eir)(.Jiir)g.gov/. The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM"or"Division") must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project 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. PROJECT#: LPDM-PJ-04-FL-2022-001 FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 5,484,300.00 OBLIGATION/ACTION DATE: May 22, 2023 SUBAWARD DATE (if applicable): UEID/SAM#: QKLSCT2LM7M9 U E I D/SAM# +4: 52 1138 *If your company or organization does not have a UEID/SAM number, you will need to obtain one from https:Hsam.gov/content/entity-registrationThe process to request a UEID/SAM number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY UEID/SAM# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) As a Legislative Pre-Disaster Mitigation Assistance Grant Program project, the Sub-Recipient proposes drainage improvements for the Twins Lake Subdivision, specifically along Adams Drive, Crane Street, and Shaw Drive between Crane Street and Brown Drive in Key Largo, Florida, 33037. The LPDM construction scope of work shall consist of regrading and/or elevating the roadway above the minimum target elevation of 13 inches NAVD88 based on 2040 sea level rise projections, constructing a gravity wall along a portion of the boundary between the edge of the road and the wetland and installing a new stormwater drainage system. The proposed stormwater drainage system consists of a gravity collection system with a new elevated pump station discharging into five (5) injection wells through 30- inch and 24-inch ductile iron pipe (DIP) pressurized force mains. To facilitate the conveyance of runoff to the pump station, a gravity collection system shall be established, featuring the installation of swales, culverts, inlets, manholes, and two (2) trunk line connecting manholes. The pump station itself is composed of four(4)wet wells, four(4)valve boxes, a treatment unit, and associated electrical equipment necessary for its operation, which includes the installation of approximately 3,600 linear feet of four(4)4- inch duct bank Poly Vinyl Chloride (PVC) conduit line. The project also includes the purchase and installation of a 450-kW elevated permanent diesel generator, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical utility, and an automatic transfer switch (ATS). The roads to be mitigated are low lying, bordered by wetlands and two canals, and due to storms,tides, and sea level rise, are increasingly susceptible to long duration street flooding, resulting in the inability to enter/exit their residences. The project shall address the flooding issues causing residents to experience repetitive flooding on roads and structural damages. The project shall provide protection to at least a 25-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. The generator, pump station, and all associated electrical components shall be protected against a 500- year flood event by implementing specific activities or by locating the generator(s) outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood Insurance Program (NFIP) requirements and shall be protected against wind with a rated enclosure and appropriate anchoring based on its location requirements per ASCE 7 standards. The selected site shall provide sufficient space to maintain and fuel thegenerator(s) and shall comply with the National Electrical Code working clearance 53 1139 requirements. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: ID# Location Coordinates 1) Northern Boundary (25.138253, -80.412208) 2) Southern Boundary (25.126097 80.413671) 3 Pump Station 25.133319, -80.412287 Verify the approved project description above, if there is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a)80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts)and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)subject to the Transparency Act, as defined at 2 C.F.R. 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes,"continue to Question 2. If the answer to Question 1 is "No move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ 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 be accessible at http//www.sec.gov/answers/execomp.htm. 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 "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" 54 1140 appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 C.F.R. Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" 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 (Revised 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-qualified. 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 $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank Total Compensation (Highest to Name for Most Recently Lowest) (Last, First, MI Title Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 55 1141 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A)Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils)as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. Part 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148)as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 C.F.R. 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"). The Act provides that each contractor or Sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or ' For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Legislative Pre-Disaster Mitigation Grant Program; however, sub-recipient may include the provision in its subcontracts. 57 1142 repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers 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 or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 C.F.R. §401.2 (a)and the recipient or Sub-recipient 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 Sub-recipient must comply with the requirements of 37 C.F.R. 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. (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). (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 governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189)and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension."The Excluded Parties List System in SAM 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. (1) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of$100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J)See 2 C.F.R, §200.323 Procurement of recovered materials. (K)See 2 C.F.R, §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See 2 C.F.R, §200.322 Domestic preferences for procurements (Appendix 11 to Part 200, Revised Eff. 1111212020). 58 1143 FEMA created the 2019 PDAT Contract Provisions Template to assist non-Federal entities. It is available at https://www.fema.gov/media-library-data/ 569959119092- 92358d63e00d17639d5db4de015184c9/PDAT ContractProvision Please note that the sub-recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix/L 59 1144 Attachment K Certification Regarding Lobbying Check the appropriate box: ❑ 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 II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ❑ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING 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 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 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,or modification of any Federal contract, grant, loan,or cooperative agreement. 2. 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 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. 3. 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, U.S. Code.Any person who fails to file the required certification shall be 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, , certifies or affirms the 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, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 60 1145 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Aureement This Agreeinent is entered into between the alules: 1. ProjectTitle(Project): Agreement Number: Twin Lakes Subdivision Flood Mitigation Project 22SRP57 2. Parties: State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) Tallahassee, Florida 32399-3000 Grantee Name: Monroe County Entity Type:Local Government Grantee Address:1100 Simonton Street,Suite 205,Key West,Florida 33040 FEID: 59-6000749 (Grantee) 3. Agreement Begin Date: Date of'Expiration: 7/1/2022 6/30/2025 4. Project Number: Project Iocation(s): (ff different fi�om Agreement Aliimhei) ---------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- Project Description:The project will reconstruct and elevate low lying roads in the Twin Lakes community as well as construct a stormwater collection system,pump station,and 5 injection wells to provide stormwater drainage. 5. Total Amount of unding: funding;Source?----- Award 4s or Line_11cm_A_p_pLqp Jons: Amount p da - __qr Source(s).. $3,931,267.00 64 State F-IFederal FY-2022/2023-GAA Line Item#1775A $3,931,267.00 -E-1-State-E-1 Federal---- ------------------------------------------- V1 Grantee Match $3,931,267.00 Total Amount.offundim,+ Grantee Match,if an $7,862,534.00 6. Department's Grant Manager Grantee's Grant Manager Name: George Frisby -------------------------------------------- Name: Debra London or successor or successor Address: Resilient Florida Program ---------------------- Address: Monroe County ------------------------------------------- _2600 Blair-Stone-Road,MS235 ------------------- 102050 Overseas Highway,Suite 299 Tallahassee,Florida 32399 --------------------- Key Largo,Florida 33037 ------------------ Phone: 850-245-8332------------------------------------------------------- Phone: 3-05-453-8754-----------------------------------------------------------Email: George.Frisby@FloridaDEP.gov Email: london-debra oamonroecounty-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incur orated by reference: V Attachment 1: Standard Terms and Conditions Applicable to All Grant Agreements 7 Attachment 2: Special Terms and Conditions 114 Attachment 3: Grant Work Plan V Attachment 4: Public Records Requirements V Attachment 5: Special Audit Requirements 7 Attachment 6:Program-Specific Requirements F-1 Attachment 7: Grant Award Terms (Fed eral) *Copy available at I qps: _fimsAl(I�' com,in accordance with§215985,F.S. F-1 Attachment 8: Federal Regulations and Terms(Federal) F-1 Additional Attachments(if'necessary): V Exhibit A: Progress Report Form F-1 Exhibit B: Property Reporting Form V Exhibit C: Payment Request Summary Form F-1 Exhibit D: Quality Assurance Requirements for Grants F-1 Exhibit E: Advance Payment Terms and Interest Earned Memo V Additional Exhibits(if'necessary):Exhibit F:Final Report Form,Exhibit G:Photographer Release Form,and Exhibit H:Contractual Services Certification DEP Agreement No. 22SRP57 Rev.6/20/18 1146 8. The following information applies to Federal Grants only and is identified in accordance with 2 C.F.R. §200.331(a)(1): Federal Award Identification Nnmber(s) (FAIN): Federal Award Date to]Department: Total Federal Fnnds Oblilamed by this Agreement: Federal Awardima A Yenc : Award R&D? L-1 Yes LIN/A. IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last(late signed below,whichever is later. Monroe County GRANTEE (irantee Name B 01 'A November 16, 2022 y K-�� ------------7 ------�7' ---------------------------------------------------------------------------------------- -------------------------------------------------- (A tah,5,rized S�vnalttre) Date Signed Roman Gastesi,Monroe County Administrator Print Narne and Title of Person Si ruin 0 State of Florida Department of Environmental Protection -------------------------- DEPARTMENT ---------------------------------------------- By I-1/17/2022-------------------------------------------------------------- Secretary or Designee Date Signed Alex Reed,Director of the Office of Resilience and Coastal Protection ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Print Narne and Title Z Additional signatnres attached on separate page. MONROE COUNTY ATIMNEY %IIPR?Vt 1)AS TO FOR�1� CHRMINE.LIMBERT BARROWS A SS1STANTCDLTNiY ATrORNEY DATE 10117/22 DEP Agreement No. 22SRP57 Rev.6/20/18 1147 O C P A.ddi,,tipnal Signatures EP Cara t r, eo e Frisby ,.µ ., cap Sponsor may add additional signatures if needed below. 1148 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT I 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof'and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of'Precedence. lf'there are conflicting provisions among the documents that make up the Agreement,the order of'precedence for interpretation of'the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terns and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. lf'the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. lf'a different Grant Manager is designated by either party after execution of'this Agreement, notice of'the name and contact information of'the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of'Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of'the following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; (3)a change in the expiration date of'the Agreement; and/or (4) changes to the cumulative amount of'funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent(20%) of'the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of'fiends between approved budget categories,as defined in Attachment 3,Grant Work Plan, are less than twenty percent(20%)of'the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of'meeting match requirements. This Agreement may be amended to provide for additional services if'additional funding is made available by the 1,egislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of'the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of'execution through the expiration date of'this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of'this Agreement may be reimbursable or used for match purposes if'permitted by the Special Terns and Conditions. Attachment I I of'12 lZev. 10/3/2022 1149 4. Deliverables. The Grantee agrees to render the services or other units of'deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of'deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if'provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of'a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of'delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense. If'Deparlinent's Grant Manager does not accept the deliverables within 30 days of'receipt,they will be deemed rejected. b. Lcicction of 17chverablcs. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan, as incomplete, inadequate,or unacceptable due,in whole or in part,to Grantee's lack of'satisfactory perf'onnance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option,may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of'default. 7. Financial Consequences for Nonperformance. a. Withholding-Payinent. In addition to the specific consequences explained in the Grant Work Plan and/or Special'Perms and Conditions,the State of lorida(State)reserves the right to withhold payment when the Grantee has failed to perforin/comply with provisions of this Agreement. None of the financial consequences for nonperfonnance in this Agreement as more frilly described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If'Grantee does not meet a deadline for any deliverable,the Department with reduce the invoice by I%for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If'Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and perfonned in no more than sixty (60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of'receipt of'a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. if the CAP is not accepted,Grantee shall have ten(10)days from receipt of'Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of'a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of'a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate perfbnnance deficiencies by Grantee, Department shall retain the right to Attachment 1 2 of'12 Rev. 10/3/2022 1150 require additional or further remedial steps, or to tenninate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of'the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the perf'onnance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of'State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of'all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of'_A YLement. The maximum amount of'compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional hands necessary for the completion of this Project are the responsibility of'Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws,rules, and regulations applicable to expenditures of'State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: e. Invoice Detail. All charges for services rendered or for reimbursement of'expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f'. Interim Payments. Interim payments may be made by Department, at its discretion, if' the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. EjadTAKDIent Rccfucst. A final payment request should be submitted to Department no later than sixty (60)days following the expiration date of'the Agreement to ensure the availability of'funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of'the Agreement. h. Annual Animmiriation Contingency.. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of'work and any associated payments may be rescinded, with proper notice, at the discretion of Department if' the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: Refund of Payments to the 17epartxnent. Any balance of'unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of'the amount to which Grantee or subgrantee is entitled under the terms of'the Agreement must be refunded to Department.If' Agr eement thiLA recew is funded with federal funds _ and the 17epartxnent is required to refund the federal goverrnrnent, the Grantee shall refund the Doartinent its share of'those ffinds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If'Cost Reimbursement or Match is authorized in Attachment 2, Special'Perms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3 of'12 Rev. 10/3/2022 1151 a. SaIZtffajYcs. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If'Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If'Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs 'Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If'Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of'written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of'equipment as part of'the delivery of'services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if'any, impose this requirement, in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in perfonning the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of'the subcontractor's invoice and a copy of tabulation form for the competitive procurement process(e.g., Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of'request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of'the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If' the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of'travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Eguianinent. For the purposes of'this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f'. Rental/Lease of '�ui inent. Match or reimbursement requests for rental/lease of'equipment must include copies of'invoices or receipts to document charges. g. Miscellaneous/Qther Expenses. If'miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of'this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of'Grantee's contract obligations to its subcontractor,Department shall not reimburse any of'the following types of'charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of'real property through purchase)must be supported by the following, as applicable: Copies of'Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4 of'12 lZev. 10/3/2022 1152 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If'land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions, scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of'the quarterly reporting period. For the purposes of'this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retainage. The following provisions apply if'Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of'retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of'work and approval of'all deliverables. b. If'Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of'the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of'the failure to perform that shall result in retainage forfeiture. If'the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Renuirements for Slily Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if'any,to maintain insurance coverage of'such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if'any,to make compliance with the insurance requirements of'this Agreement a condition of'all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof'of'insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for, any sums of'money representing a deductible in any insurance policy. The payment of'such deductible shall be the sole responsibility of'the Grantee providing such insurance. c. Proof'of'Insurance. Upon execution of'this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of'applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of'written request from Department, Grantee shall furnish Department with proof'of'applicable insurance coverage by standard form certificates of'insurance, a self'- insured authorization,or other certification of'seff-insurance. d. Duty to Maintain Covera.&YL. In the event that any applicable coverage is cancelled by the insurer for any reason,or if'Grantee cannot get adequate coverage, Grantee shall immediately notify Department of'such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof'of'such replacement coverage within ten(10)days after the cancellation of'coverage. e. Insurance Trust.If'the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of'Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest,Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of'the termination for convenience with instructions as to the effective date of'terin illation or the specific stage of'work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of'the effective date of'terinination. The Department shall not pay any invoices received after thirty (30)days of effective date of'terinination. Attachment 1 5 of'12 lZev. 10/3/2022 1153 b. Termination for Cause. The Department may terminate this Agreement if any of the events of'default described in the Events of'Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If', after termination, it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of'Department. The rights and remedies of'Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee ObIUalions upon Notice of Termination. After receipt of'a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before perfonnance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of'Prepaid Services. If'Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a reffind for services that have been paid for but not rendered. e. Transition of'Services ent. If'services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of'Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If'Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of'default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perfonn within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of'receipt of the default notice. 15. >Events of Default. Provided such failure is not the fault of'Department or outside the reasonable control of'Grantee, the following non- exclusive list of events, acts,or omissions, shall constitute events of'default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perfonn the minimal level of'services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of'such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of'a general assignment for the benefit of creditors; iii. The appointment of'a general receiver or trustee in bankruptcy of'Grantee's business or property; and/or Attachment 1 6 of'12 Rev. 10/3/2022 1154 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time,when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of'suspension. Examples of'reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties,Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If' the Agreement is terminated after 30 days of'suspension,the notice of'suspension shall be deemed to satisfy the thirty(30)days' notice required for a notice of termination for convenience. Suspension of'work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perfonn if neither the fault nor the negligence of'Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of'Clod,wars, acts of'public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if'no alternate source of'supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if' Grantee could reasonably foresee that a delay could occur as a result; or (2) if' delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If' performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantify;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be frilly liable for the actions of its agents, employees, partners, or subcontractors and shall frilly indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal nji ury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontracfors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of'Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of'Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. I-lowever, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of'Section 768.28,F.S. Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7 of'12 lZev. 10/3/2022 1155 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of'compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of'$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of'Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If' Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133,287.134, and 287.137 F.S.,the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of'a public building or public work; may not submit bids,proposals,or replies on leases of'real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of'36 months following the date of'being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of'a public building or public work;may not submit bids,proposals,or replies on leases of'real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal,or reply on any contract with a public entity for the construction or repair of'a public building or public work;may not submit a bid,proposal,or reply on leases of'real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of'Management Services, Office of'Supplier Diversity, at(850)487-0915. Attachment 1 8 of'12 lZev. 10/3/2022 1156 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations, including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of'this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of';or be otherwise subjected to discrimination in performance of'this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of'the State offlorida. d. Any dispute concerning performance of'the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of'the Agreement will be in the courts of'the State,and venue will be in the Second Judicial Circuit, in and for [,eon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act(BABA). Recipients or Subrecipients of'an award of ederal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of'coatings,occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of'the components of'the manufactured product that are mined, produced,or manufactured in the United States is greater than 55 percent of'the total cost of'all components of'the manufactured product, unless another standard for determining the minimum amount of domestic content of'the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials, and supplies that are consumed in,incorporated into,or affixed to an infrastructure project. As such, it does not apply to fools, equipment, and supplies, such as temporary scaff'olding, brought to the construction site and removed at or before the completion of'the infrastructure project. Nor does a Buy America preference apply to equipment and frimishings, such as movable chairs, desks, and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of'the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel list or engaged in a boycott.of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if'the Grantee is found to have submitted a false certification;or if'the Grantee is placed on the Scrutinized Companies that Boycott.Israel list or is engaged in the boycott of'Israel during the term of'the Agreement. b. If'this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the [ran Petroleum Energy Sector list, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if Grantee is found to have submitted a false certification; or if'the Grantee is placed on the Scrutinized Companies with Activities in Sudan list, or Scrutinized Companies with Activities in the [ran Petroleum Energy Sector list, or engaged with business operations in Cuba or Syria during the term of'the Agreement. c. As provided in Subsection 287.135(8),F.S.,if'federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of'lobbying the legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of'Section 287.058(6), F.S., during the term of'any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of'services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347,F.S. 27. Record Keeping. Attachment 1 9 of'12 lZev. 10/3/2022 1157 The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of'this Agreement and for five(5)years following the completion date or termination of'the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of'Department's Inspector General,or other authorized State official, Grantee shall provide any type of'information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to,Grantee's business or financial records, documents,or files of'any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of- (1)three years after the expiration of'the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of'State(available at: ]j_wL/_/d_()_s_Anyflorlda_�-omjjbrary nx,.ords. _AirLhJves/n,xords mamu�,, 28. Audits. a. 1"s ector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if' any, impose this requirement, in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and lnsp,ecfion. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of'the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of'any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of'any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit.RecLuircinents. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of'Exhibit 1,to Attachment 5. lf'Deparnnent fails to provide an updated copy of'Exhibit I to include in each amendment that authorizes a ffinding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of'financial assistance (federal and/or state) identified in Attachment 5, Exhibit I and determine whether the terms of ederal and/or Florida Single Audit Act Requirements may ffirther apply to lower tier transactions that may be a result of'this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of'a subrecipient or vendor. For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-ITS) that can be found under the "Links/Forms" section appearing at the following website: ,U�.ns_:' vL,11 d fs_(),��\f,,,,,,1- d. Proof'o fJrans actions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof'of'a transaction to evaluate the appropriateness of'costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if' applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of'its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof'within thirty (30)days of'such request. e. No ComniDinmii "lin Y of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with fiends from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-lay-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If'Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part,of'the funds provided to Grantee under this Agreement for non-compliance with the material terms of'this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of Attachment I 10 of'I 2 lZev. 10/3/2022 1158 money demanded by Department. Interest on any reffind shall be calculated based on the prevailing rate used by the State Board of'Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of'services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of'Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of'work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor,or agent. d. The Department's actions under paragraphs b.or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of'Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of's ubcontracts should reflect the ffill diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of'Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of'a subcontractor at any tier, and if the cause of the default is completely beyond the control of'both Grantee and the subcontractor(s),and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If'Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of'Grantee for purposes of fulfilling the obligations of'Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of'sale that the new parent company guarantee all of the obligations of'Grantee. 33. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation,or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of'Grantee, its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If' Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights. Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. Attachment I I I of'12 Rev. 10/3/2022 1159 ff'a court of'competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in frill force and effect. 36. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall frimish a copy of technical certification or other proof'of'qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of'Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of'its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of'Department. In the event of'any assignment,Grantee remains secondarily liable for performance of Agreement,unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of'its intent to do so. 38. Compensation Report. If'this Agreement is a sole-source, public-private agreement or if'the Grantee,through this agreement with the State, annually receive 50%or more of'their budget from the State or from a combination of'State and Federal funds,the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities'executive leadership teams. Total compensation shall include salary, bonuses,cashed-in leave, cash equivalents, severance pay,retirement benefits, deferred compensation,real-property gifts, and any other payout. The Grantee must also inform the Department of'any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of'compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of'which shall be an original and all of'which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of'12 lZev. 10/3/2022 1160 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22SRP57 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project frinded under this Agreement is Twin lakes Subdivision Flood Mitigation Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative perfbnnance by the Grantee and the availability offrinding. 3. Payment Provisions. a. C:ompensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicii Invoicing will occur as indicated in Attachment 3. iLl�� c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Cale L9a El F-1 Salaries/Wages Overhead4ndirect/General and Administrative Costs: El El a. Fringe Benefits, N/A. El El b. Indirect Costs, N/A. 191 [91 Contractual(Subcontractors) El E] Travel, in accordance with Section 112,F.S. El El Equipment El E] Rental/lease of'Equipment El E] Miscellaneous/Other Expenses El E] [,and Acquisition 5. Equipment Purchase. No Equipment purchases shall be frinded under this Agreement. 6. Land Acquisition. There will be no [,and Acquisitions frinded under this Agreement. 7. Match Requirements The Agreement requires at least a 50%match on the part of the Grantee. Therefore,the Grantee is responsible for providing$3,931,267.00 through cash or third party in-kind towards the project frinded under this Agreement. The Grantee may claim allowable project expenditures made on July 1,2021 or after for purposes of'meeting its match requirement as identified above. Attachment 2 1 of'3 Rev. 10/3/2022 1161 Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services) provided during the period covered by each request.The final payment will not be processed until the match requirement has been met. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 5%of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Build America,Buy America Act(BABA). Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America,Buy America Act(BABA),including the following provisions: Attachment 2 2of3 Rev.10/3/2022 1162 a. All iron and steel used in the project are produced in the United States--this means all manuf'acturing processes, from the initial melting stage through the application of'coatings,occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of'the components of'the manufactured product that are mined, produced,or manufactured in the United States is greater than 55 percent of'the total cost of'all components of'the manufactured product, unless another standard for determining the minimum amount of'domestic content of'the manuf'actured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials, and supplies that are consumed in,incorporated into, or affixed to an infrastructure project. As such, it does not apply to fools, equipment, and supplies, such as temporary scaff'olding, brought to the construction site and removed at or before the completion of'the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of'the structure or permanently affixed to the infrastructure project. 15. Common Carrier. a. Applicable to contracts with a common carrier-- firm/person/corporation that as a regular business transports people of'commodities from place to place. If'applicable, Contractor must also fill out and return PUR 1808 before contract execution] If'Contractor is a common carrier pursuant to section 908.111(1)(a),Florida Statutes,the Department will terminate this contract immediately if'Contractor is found to be in violation of'the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier--Before contract execution,the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfrilly present in the United States according to the terms of'the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if'Contractor is found to be in violation of'the law or the attestation in PUR 1808 16. Additional Terms. Documentary_Lvid_ence Requircin cn1j6r_S ubcontractor(s). If'any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has frilly performed its Project obligation(s). The Grantee shall forward copies of'all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Sea Level Impact Proj I ection Stud Requirement.. If'the project is within the designated area, pursuant to Section ---------------- _- 161.551,F.S. and Chapter 62S-7, F'Iorida Administrative Code,the Grantee is responsible for perfonning a Sea Level Impact Projection(SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department's website for at least thirty (30)days before construction can commence. This rule went into effect July 1,2021, and applies to certain state-funded construction projects located in the coastal building zone as defined in the rule. Attachment 2 3 of'3 Rev. 10/3/2022 1163 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO. 22SRP57 ATTACHMENT 3 PROJECT TITLE: Twin Lakes Subdivision Flood Mitigation Project PROJECT LOCATION: The ]Project is located in the Twin Lakes subdivision within Monroe County, Florida. PROJECT DESCRIPTION: Monroe County (Grantee)will complete the Twin Lakes Subdivision Flood Mitigation]Project(]Project),to reconstruct and elevate low lying roads in the Twin Lakes community as well as construct a storniwater collection system, wet wells, pump station, electrical controls, force main, and five injection wells for stonriwater drainage. The]Project will be completed along Shaw Drive, Crane Street, and Adams Drive and will elevate the roadways to a minimum elevation of B" NAVD 88. These roads are low lying and are subject to frequent and persistent flooding due to storms, tides, and sea level rise and are also bordered by wetlands and two canals along the bayside in Key Largo. The permitting and design is complete, so the Pro.lect will include construction. TASKS AND DELIVERABLES: Task 1: Construction Description: The Grantee will reconstruct and elevate low lying roads in the Twin Lakes community to a minimum elevation of B" NAVD 88 as well as construct a stonriwater collection system, wet wells, pump station, electrical controls, force main, and five injection wells for stonriwater drainage in accordance with the construction contract documents. Project costs associated with the Construction task include work approved through construction bids and/or construction-phase engineering and monitoring services contracts. Eligible activities may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, and mitigation projects. Construction shall be conducted in accordance with all state or federal permits. Deliverables: The Grantee will submit: t) a copy of final permit documents from all appropriate state and federal regulatory agencies, 2) a copy of the final design and as-built or record drawings-, 3) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request, 4) a signed Engineer's Certification of Payment Request-, and 5) when construction is complete, a Certificate of Occupancy (if applicable) and a Certificate of Completion signed by a Florida-registered Professional Engineer. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the ]Project Timeline. The Grantee must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description,to include any work being performed by any subcontractor(s). Upon review and written acceptance by the Department's Grant Manager of deliverables under the task, the Grantee may proceed with payment request submittal. DEP Agreement No.:22SRP57 Page t of 2 Rev. 2.11.22 1164 CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (t00%) completion and by the specified due date listed in the Agreement's most recent ]Project Timeline, the Departirient will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than quarterly and must be made using Exhibit A, detailing all work progress made during that payment request period, and Exhibit C. Upon the Department's receipt of Exhibit A and C, along with all supporting fiscal documentation and deliverables,the Department's Grant Manager will have ten (W) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the ]Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. Task Task Title Budget DEP Local Total Task Start Task Due No, Category Amount Local nt Amount Date Date Contractual 9 I Construction Services $3,93 t,267 $3,93 t,267 $7,862,534 7/t/2022 3/3 t/2025 Total: $3,93 t,267 $3,93 t,267 $7,862,534 DEP Agreement.No.:22SRP57 Page 2 of 2 Rev. 2.11.22 1165 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(]Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section I t9.07(t), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable. For the purposes of this paragraph, the term"contract" means the "Agreement." If Grantee is a"contractor" as defined in section I t9.070t(t)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter I t9,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section I 19.10,F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. c. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF T'IIE CONTRACT'OR HAS QUESTJONS REGARDING T'IIE APPa ATJON OF CIIAPT'ER 119, .S®, T'O T'II E CONTRACT'OR'S DIJT'Y T'O PROVIDE PIJBLIC RECORDS RELAT'ING T'O T'IIE CONTRACT, CONT'ACT' 111E DEPARI'MENT"S C1JST'ODIAN OF PUBLIC RECORDS AT': 1'elephone: (850) 245-2118 Email: 1�111—)11—iC—,.�—Ie—fvdi—C(LS�a)-—fi—01 A.—ad-01)11�—0V Mailing Address: Department of Environmental. Protection AT'T'N: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 T'aflahrises, Florida 32399 Attachment 4 1 of I Rev.4/27/2018 1166 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of'resources awarded by the Department of Environmental Protection (which m v he re a" ft?rred to as the "Dej)artnient", "DI'll", "FDT'P"or "Grantor", or other name in the q�)reement)to the recipient(which may he referred to as the "Recij)ient", "Grantee"or other name in the q�reement) may be subject to audits and/or monitoring by the Department of'Environmental Protection, as described in this attachment. MONITORING In addition to reviews of'audits conducted in accordance with 2 C.F.R. Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff', limited scope audits as defined by 2 C.F.R. § 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of'the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient ffirther agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief inancial Officer(CFO)or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if'the recipient is a State or local government or a non-profit organization as defined in 2 C.F.R. §200.330 1. A recipient that expends$750,000 or more in federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of'2 C.F.R. Part 200, Subpart F. EXHIBIT I to this Attachment indicates federal frinds awarded through the Department of'Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 C.F.R. §§200.502-503.An audit of recipient conducted by the Auditor General in accordance with the provisions of'2 C.F.R. Part 200.514 will meet the requirements of'this part. 2. For the audit requirements addressed in Part 1,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. §§200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of'2 C.F.R. Part 200, Subpart F-Audit Requirements. If'the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of'2 C.F.R. Part 200, Subpart F-Audit Requirements,the cost of'the audit must be paid from morn-federal resources(i.e.,the cost of'such an audit must be paid from recipient resources obtained from other federal entities). 4. The recipient may access infonnation regarding the Catalog of ederal Domestic Assistance(CFDA)via the internet at daj,ov Attachment 5 1 of'6 BGS-DEP 55-215 revised 12/14/2020 1167 PART H: STATE FUNDED This part is applicable if'the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of'state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient most have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXIJIBIT I to this form lists the state financial assistance awarded through the Depart tent of'Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of'state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11,paragraph I;the recipient shall ensure that the audit complies with the requirements of'Section 215.97(8), Norida Statutes. This includes submission of'a financial reporting package as defined by Section 215.97(2),Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of'the Auditor General. 3. Ifthe recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of'Section 215.97,Florida Statutes,the cost of'the audit must be paid from the non-state entity's resources(i.e.,the cost of'such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of'State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at fldr"join/fsaa for assistance. In addition tothe above websites, the following websites may be accessed for infonnation: Legislature's Website at State of Florida's website at InAj,). /wwwinnyklorida,a.,.oinn/, Department of'Financial Services' Website at the Auditor General's Website at PART III: OTHER AUDIT REQUIREMENTS (NO I': This part would he used to specify only additional audit requirements imposed by the State art,arding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by F'ederal or State laws and is not in conflict ri,ith other F'ederal or State audit requirements). Pursuant to Section 2 1.5.97(8), Florida Statutes, State agencies may conduct or arrange for audits qj"state financial assistance that are in addition to audits conducted in accordance with Section 21.5.97, Florida Statutes. In such an event, the State art,ardil,��agency must arrange for funding the full cost qfyiltch additional audits.) PART IV: REPORT SUBMISSION 1. Copies of'reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, Subpart F-Audit Requirements,and required by PART I of form shall be submitted,when required by 2 C.F.R. §200.512, by or on behalf of'the recipient directly to the Federal Audit Clearinghouse (FACE) as provided in 2 C.F.R. §§200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 C.F.R. §200.501(a)(the number of'copies required by 2 C.F.R. §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2 of'6 BGS-DEP 55-215 revised 12/14/2020 1168 By Mail: Federal Audit Clearinghouse Bureau of'the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of'the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at 2. Copies of'financial reporting packages required by PART 11 of'this Attachment shall be submitted by or on behalf'of'the recipient directly to each of'the following: A. The Department of'Environmental Protection at one of'the following addresses: By Mail: Audit Director Florida Department of'Environmental Protection Office of'Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: fj)l ➢�,Audjl rLdLjLslate, fl us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website provides instructions for filing an electronic copy of'a financial reporting package. 3. Copies of'reports or management letters required by PART [I[of'this Attachment shall be submitted by or on behalf of'the recipient directly to the Department of'Environmental Protection at one of'the following addresses: By Mail: Audit Director Florida Department of'Environmental Protection Office of'Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: fj)l ➢�,Audjl rLdLjLslate, fl us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. § 200.512, section 215.97, F.S., and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and f'or-profit organizations),Rules of'the Auditor General, as applicable. Attachment 5 3 of'6 BGS-DEP 55-215 revised 12/14/2020 1169 5. Recipients,when submitting financial reporting packages to the Department of'Environmental Protection for audits done in accordance with 2 C.F.R. Part 200, Subpart F-Audit Requirements,or Chapters 10.550(local governmental entities) and 10.650 (non and for-profit organizations), Rules of'the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of'five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief inancial OfYicer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief inancial OfYicer, or Auditor General upon request for a period of'three (3)years from the date the audit report is issued, unless extended in writing by the Department of'Environmental Protection. Attachment 5 4 of'6 BGS-DEP 55-215 revised 12/14/2020 1170 IbI4 tar15 CA zj 1171 ar, 's V) —V) � c.� v) as Cn ua 8 Cn tar C N, 71 y w bt) F C ar v p v ,n c� �" r"C; tar 2 v� 5 '✓.'.� cz, , ON v.1 �' � ''PTA �' fl.b 7G flay C5 N v.1 �71�y��.✓� r^�) I%'l � � � ma � � flab .°-, c �) S L) ea c > u a a u Q C f a b bt) bt) Z tu;`u r . -Z� R bf Goa Goa Goa Goa a a b t ' t ' a u (Q2 u �2 u C) V) 1172 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM-SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 1 Permits. The Grantee acknowledges that receipt of'this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of'any grant-funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of'each applicable permit for any grant-funded activity. Upon request, the Grantee must provide a copy of'all acquired and approved permits for the project. 2. 11nieli�Yibilil._. If'the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement;Attachment 3 (Grant Work Plan), and all other applicable attachments and exhibits,the Grantee shall be ineligible to be considered for funding under the Resilient Florida Program for two (2) consecutive funding cycles. The Department shall make its determination of'ineligibilily within thirty (30) days of'this Agreement's end date and notify the Grantee in writing if'determined ineligible. If'the failure to perform in accordance with the terms and conditions set forth in this Agreement is due to the Grantee's contractor or subcontractor(s), then the Grantee should submit that documentation in writing to the Department's Grant Manager. 3. Additional Documentation for Contractual Costs. In addition to the documentation requirements in paragraph 11 of Attachment 2 (Subcontracting), and in paragraph 9.c. of Attachment I (Contractual Costs (Subcontractors,)), Grantee shall provide the following for all subcontractual agreements that the Grantee executes for this project: a. A valid link or documentation that outlines their entity's procurement processes as required in Attachment 1, paragraph 9.c;and b. A certification statement signed by the Grantee's designated grant manager indicating the procurement process that was utilized per their entities' policies and procedures for all subcontractors. The certification must include a listing of'all subcontractor quotes/bids amounts, along with the company name, address, and the details of'how and why they made their determinations for those subcontractors that were selected and utilized for this Agreement. 4. Attachment. 3 Grant Work Plan Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant,"in all formats provided. 5. Co Yht Patent, and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable LM_KjL_ license to reproduce,publish or otherwise use,and to authorize others to use,for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 6. Grant funds may not be used to support ongoing efforts to comply with legal requirements,including permit conditions,mitigation,and settlement agreements. 7. Fgujii�Source. With the exception of'audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings(unless otherwise required under the special terms of'this Agreement),Grantee agrees to include the Department's logo(which Rev. 2.11.22 Attachment 6 Pagel of 1173 can be found on the Department's website at: Iii qLs.8flori dadejLg Y or by contacting the Grant Manager for a copy)on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of'resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of lorida or any of its subagencies." The next printed line must identify the month and year of the publication. 8. Final-RMj� ,�Rc ort.The Grantee shall submit Exhibit F,Final PrQject Report Form,prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the prQject's completion date. Rev. 2.11.22 Attachment 6 Page 2 of 2 1174 DEPARTMENT OF ENVIRONMENTAL PROTECTION Resilient Florida Program Progress Report Form Exhibit A DEP Agreement No.: 22SRP57 Protect T tle: Twin 1,akes Subdivision Flood Grantee Name: Monroe County Grantee Address: Grantee's Gr°ant l ur!�n r 4 Tele ho e R ::,iorting Per it, `MM/DD/YYYY -- MM/DD/YYYY INSTRUCTIONS: Provide the following information for all tasks and deliverables identified in Attachment 3, Grant Work Plan: Description of the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting period, and percentage of the work that has been completed to date. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed- Task 1: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 2: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 3: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 4: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: This report is submitted in accordance with the reporting requirements of the above DEP Agreement No. and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager(or successor) Date Exhibit A,DEP Agreement 4:22SRP57 I of 1 11/17/2021 1175 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary For for the Resilient Florida Prograirl grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. It. Ls, -am/Grants Exhibit C, Page t of t Rev. 12/02/19 1176 EXHIBIT F" ICI P AGREEMENT NO.22SRP57 TWIN LAKES SUBDIVISION FLOOD MITIGATION PROJECT Monroe County unty Final Project Report 10 Insert Month&Year This report is frinded in par(:through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F",DEP Agreement#22SRP57 Page 1 5/12/2022 1177 Part 1. Executive Summary Part 11.Methodology Part Ill. Outcome Include evaluation of prqjecf"Y ability to meet goals and expected performance measures and provide explanation for ii,hly goals were not met, if'applicable.Identify successful outcomes, areas for improvement, and quantifiable metrics as a result qf'lheprqjecf. Part IV. Further Recommendations Instructions for completing Attachment F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECTTITLE: Enter the title shown on the first page of the grant agreement. MONTH &YEAR: Enter month and year of'publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement.Please limit the final project report to no more than five(5)pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F,DEP Agreement 9 22SRP57 Page 2 5/12/2022 1178 Florida Department of Environmental]Protection EXHIBIT G PHOTOGRAPHER R RELEASE E"CDRM � ¢ � FOR PHOTOGRAPHS VTIDI CDS Al.JDICD RFC'CDRIDI CC�S END AWTOR IDF P AGREEMENT NO: 22SRP57 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO O RECORDINGS AND ARTWORKS CDwner/Saubmitter's Name: Address: City: State: zip: Phone Number: ( ) Email: License and Indemnification 1 certify that 1 am the owner of the photograph(s),video(s),audio recording(s) and/or artwork(s)being submitted and am eighteen(18)years of age or older. 1 hereby grant to the Florida Department of Environmental Protection the royalty-free and morn-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art:work(s) submitted herewith (the "Work")to promote the Florida Department of hrnvirornmerntal Protection. Uses may include,but are not limited to: 1. Promotion of FDEP (including, but limited to publications,websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of'hrnvirornmerntal Protection reserves the right to use/notuse any Work as deemed appropriate by the Florida Department of hrnvirornmerntal Protection. No Work will be returned once submitted. 1 hereby acknowledge that the Florida Department of'hrnvirornmerntal Protection shall bear no responsibility whatsoever for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights or other rights 1 may hold in such Work, and in no way shall be responsible for any losses 1 may suffer as a result of any such infringement; and 1 hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. 1 hereby unconditionally release, hold harmless and indemnify the Florida Department of hrnvirornmerntal Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file rname(s)A Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G,DEP Agreement#: 22SRP57 11/19/2021 Page 1 off 1179 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT TPROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Requir^edfir^rill grant agreement I&H include (onlrciclucd Ser^vzces a� cin exI)enditur^e cclle ro,y. DEP agreement Number: 22SRP57 Project Title: Twin Lakes Subdivision Flood Mitigation Project Grantee: Monroe County Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager them responsible for the Grantee's Resilient Florida Chant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11, 1 A list of all subcontractor quote and/or hid amounts (as applicable), including the company name and address for each subcontractor" 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s)under the Grantee's relevant grant agreement; and 4. This Exhibit II, signed and dated by the Grantee's own (non-Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non.- Departmental policies and procedures for subcontractors. Grantee's Chant Manager Signature Pant Name Date 1180 ATTACHMENT B Rates updated at contract execution 1181 4/29/24, 10:41 AM SAM.gov "General Decision Number: FL2O24OO96 01/05/2024 Superseded General Decision Number: FL2O23OO96 State: Florida Construction Type: Heavy County: Monroe County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1) . 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $12.90 per hour (or the applicable wage rate listed) on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 PAINO365-006 06/01/2021 1182 https://sam.gov/wage-determination/FL20240096/0 „ , 4/29/24, 10:41 AM SAM.gov Rates Fringes PAINTER: Brush and Spray. . . . . . . .$ 20.21 12.38 ---------------------------------------------------------------- SUFL2009-135 06/24/2009 Rates Fringes LABORER: Common or General. . . . . .$ 9.34 ** 1.85 LABORER: Pipelayer. . . . . . . . . . . . . .$ 11.58 ** 0.00 OPERATOR: Backhoe. . . . . . . . . . . . . . .$ 12.25 ** 1.33 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 13.30 ** 1.92 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 14.13 ** 1.94 TRUCK DRIVER: Distributor, Dump, Lowboy and Tandem. . . . . . . . . .$ 14.00 ** 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- 1183 https://sam.gov/wage-determination/FL20240096/0 �, , 4/29/24, 10:41 AM SAM.gov The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG" ' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 1184 https://sam.gov/wage-determination/FL20240096/0 4/29/24, 10:41 AM SAM.gov ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" 1185 https://sam.gov/wage-determination/FL20240096/0 „ , 4/29/24, 10:44 AM SAM.gov "General Decision Number: FL2O24O147 01/05/2024 Superseded General Decision Number: FL2O23O147 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1) . 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $12.90 per hour (or the applicable wage rate listed) on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 ELECO349-002 09/01/2023 1186 https://sam.gov/wage-determination/FL20240147/0 ,,.. 4/29/24, 10:44 AM SAM.gov Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 39.81 14.62 ---------------------------------------------------------------- SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work. . . .$ 11.95 ** 1.44 CEMENT MASON/CONCRETE FINISHER. . .$ 13.65 ** 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine). . . . .$ 12.70 ** 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman). . . . . . .$ 13.08 ** 0.00 INSTALLER - GUARDRAIL. . . . . . . . . . . .$ 14.44 ** 0.00 IRONWORKER, REINFORCING. . . . . . . . . .$ 13.85 ** 0.00 LABORER (Traffic Control Specialist). . . . . . . . . . . . . . . . . . . . . .$ 12.17 ** 1.71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor. . . . . . . . . . . . . . . . . . . . . .$ 13.60 ** 0.00 LABORER: Common or General. . . . . .$ 11.96 ** 2.90 LABORER: Flagger. . . . . . . . . . . . . . . .$ 9.87 ** 0.00 LABORER: Grade Checker. . . . . . . . . .$ 11.45 ** 0.00 LABORER: Landscape & Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 11.16 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.68 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 11.60 ** 0.00 OPERATOR: Broom/Sweeper. . . . . . . . .$ 10.89 ** 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 13.90 ** 0.00 OPERATOR: Crane. . . . . . . . . . . . . . . . .$ 17.83 0.00 OPERATOR: Forklift. . . . . . . . . . . . . .$ 11.03 ** 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 16.08 ** 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 16.59 ** 0.00 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 13.55 ** 0.00 OPERATOR: Milling Machine. . . . . . .$ 13.23 ** 0.00 OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 12.61 ** 0.00 1187 https://sam.gov/wage-determination/FL20240147/0 - 4/29/24, 10:44 AM SAM.gov OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 18.17 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 13.28 ** 2.39 OPERATOR: Screed. . . . . . . . . . . . . . . .$ 15.79 ** 0.00 OPERATOR: Trencher. . . . . . . . . . . . . .$ 16.00 ** 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation. . . . . .$ 19.03 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.66 ** 0.00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 14.94 ** 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 13.05 ** 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical 1188 https://sam.gov/wage-determination/FL20240147/0 ..,.. 4/29/24, 10:44 AM SAM.gov order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG" ' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- 1189 https://sam.gov/wage-determination/FL20240147/0 — 4/29/24, 10:44 AM SAM.gov WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" 1190 https://sam.gov/wage-determination/FL20240147/0 ..,.. ATTACHMENT C 1191 1 M f� 4A� �TV 1192 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA Tablen nt Background...........................................................................................................................................3 Overview of FEMA BABAA Requirements............................................................................................3 BABAA Domestic Preference Requirements ........................................................................................4 BABAA Contract Level Compliance .....................................................................................................4 Manufacturer Certifications..................................................................................................................6 StepCertification .................................................................................................................................6 FinalCertification Letter......................................................................................................................7 FEMABABAA Waivers............................................................................................................................8 Waivers.................................................................................................................................................8 GeneralApplicability Waivers..............................................................................................................8 Project-Specific Waivers......................................................................................................................9 WaiverSubmission ..............................................................................................................................9 WaiverRequests...................................................................................................................................9 Applicant or Recipient Contact Information .................................................................................... 10 Infrastructure Project Information ................................................................................................... 10 Project Materials, Technical Specifications, and Quantity............................................................. 10 WaiverType....................................................................................................................................... 11 FederalAgency Information.............................................................................................................. 12 AdditionalInformation........................................................................................................................13 2 1193 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA Background Overview of FEMA BABAA Requirements The Infrastructure Investment and Jobs Act(IIJA), signed into law in November 2021, includes the Build America, Buy America Act(BABAA), which applies a new purchasing preference for American- made products. In accordance with BABAA, FEMA must ensure that no federal financial assistance for "infrastructure" projects are awarded "unless all the iron, steel, manufactured products and construction materials used in the project are produced in the United States," by May 14, 2022.1 In November 2022 FEMA issued FEMA Interim Polk,, #2 0 -2:�2:�-UUU�.: i.�uyAra�erica Preference In ............................... FEMA.. .... %ra,��,,ncia.l... :�.:�,is;t;��,ra,�.:�."....9�r�;�grams Pair lnfr��.,-,tru(,,;ture ("interim guidance"), to implement the BABAA requirements for the 23. .. .....FEMA....:1`.l..I;7, ..i::l.. .1.s..l...... .;::`::�..; ..i::l. . .....1.:: .i.r; .. i..`::....`:,e.,s,�.2jLctto E.3AE.3'AA. The interim guidance includes requirements related to both material purchases and contract language. To comply with these requirements, FEMA award recipients and subrecipients must include a required contract provision and contractor self-certification of compliance with BABAA in subject contract documents. FEMA also recommends recipients and subrecipients further document compliance with BABAA by requesting a BABAA certification letter from the manufacturer. The interim guidance also provides information on waivers, including FEMA's waiver authority and waiver request process. The purpose of this document is to provide some best practices for FEMA award recipients and subrecipients on how to document compliance with key BABAA requirements. Not all FEMA financial assistance programs are subject to BABAA. Most disaster financial assistance programs are not subject to the requirements, including the Public Assistance Grant Program, Hazard Mitigation Grant Program, Individuals and Households Program, and Fire Mitigation Grant Program. A full list of programs and whether they are subject to BABAA can be found at IF",r;�r; ,i�L2..M.,,. s�.I::?. ....-1�1.Q.m":�:.I..C:?..I.�.I..o.C:7`:�..1....-�:�.e::s..1...1. .....A,r�rr,er:.I.�.s�..N....-��,e.,s,y 1 Although BABAA requirements went into effect on May 14,2022, FEMA determined that it was in the public interest to issue a general applicability waiver of the BABAA requirements to allow for an adjustment period in order for FEMA, its recipients/subrecipients, industry partners,and other stakeholders to develop and transition to the new compliance and certification process for iron,steel, manufactured products,and construction materials.This waiverwasefPectivefrom Jul y 1 2022 through January 1,2023.The domestic preference requirements will not apply to awards or funding obligated during this waiver period and will only apply to awards or funding obligated on or after Jan.2,2023. 3 1194 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA BABAA Domestic Preference Requirements BABAA requires that FEMA award recipients and subrecipients subject to BABAA comply with the following domestic preference requirements in their infrastructure projects: 1. All iron and steel items used in the project must be produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products used in projects must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States must be greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials used in projects must be manufactured in the United States. This means all manufacturing processes for the construction material occurred in the United States. BABAA AA Contract 1 evel Compliance Pursuant to FEMA Interim P.Olk, 207-,:�2-0001 L.3�yA�raerrica Preference in FEMA Financial Assistance fair lnfrastrur;ture all recipient and subrecipient contracts under FEMA financial assistance awards for infrastructure, issued on or after Jan. 2, 2023, must include a contract provision explaining the BABAA requirements and a self-certification where contractors can certify compliance with domestic preference requirements outlined in BABAA, unless FEMA waives the BABAA requirement. SUGGESTED LANGUAGE The following provides suggested language for the contract provision: Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act(BABAA) shall file the required certification to the non-federal entity with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that do not ensure compliance with BABAA domestic preference requirement. Such disclosures shall be forwarded to the grant recipient who in turn will forward the disclosures to FEMA, the federal awarding agency; 4 1195 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA subrecipients will forward disclosures to the pass-through entity, who will in turn forward the disclosures to FEMA. For FEMA financial assistance programs subject to BABAA, contractors and subcontractors must sign and submit the following certification to the next tier(e.g., subcontractors submit to the contractor; contractors submit to the non-federal entity). SUGGESTED LANGUAGE The following provides suggested language for the self-certification: The undersigned certifies, to the best of their knowledge and belief, that: The Build America, Buy America Act(BABAA) requires that no federal financial assistance for "infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52. The undersigned certifies that for the (Project Name and Location) the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55%of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. "The, [Contractor or Subcontractor] , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any." Signature of [Contractor's or Subcontractor's] Authorized Official Name and Title of [Contractor's or Subcontractor's] Authorized Official 5 1196 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA Date Manufacturer Certifications As an additional step to ensure compliance when purchasing products for the project, FEMA award recipients or subrecipients may request a certification letter from the product manufacturer to demonstrate compliance with BABAA requirements. Although requesting manufacturer certifications is not required, FEMA recommends this step as a best practice for documenting compliance with BABAA. FEMA recommends that certification letters contain five essential elements, which include: • A reference to the project; ■ Specific product information; ■ Compliance with BABAA reference; ■ Location of manufacturer(country); and ■ A company representative signature. The certification letter should be maintained as part of the project record to be made available to FEMA if requested. Below are examples of the types of manufacturer certifications. Step Certification A step certification is a type of certification process under which each handler(supplier, fabricator, manufacturer, processor, etc.) of the subject products and materials certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer delivers its work along with a certification of its origin. Step certification creates a paper trail which documents the location of the manufacturing process involved with the production of subject products and materials. Sample step certification language is included below. SAMPLE STEP CERTIFICATION LETTER: Company letterhead. Date Company Name Company Address City, State Zip Subject: Build America, Buy America Act Step Certification for Project(XXXXXXXXXX) I, (company representative), certify the (melting, bending, coating, galvanizing, cutting, etc.) process for(manufacturing or fabricating)the following products and/or materials shipped or provided for the subject project is in full compliance with the Build America, Buy America Act 6 1197 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA (BABAA) requirement as mandated in the Infrastructure Investment and Jobs Act(IIJA) Pub. L. No. 117-58, §§ 70901-52. Item, Products and/or Materials: 1. XXXX 2. XXXX 3. XXXX Such process took place at the following location: If any of the above compliance statements change while providing material to this project, we will immediately notify the prime contractor and the engineer. Signed by company representative Final Certification 1,,,,, tt r Although obtaining step certification is a best practice, if not possible, FEMA award recipients and subrecipients may consider requesting a final manufacturer certification letter. For a final certification letter, the final manufacturer that delivers the product to the worksite, vendor, or contractor provides a certification asserting that all manufacturing processes occurred in the United States. While this type of certification may be acceptable, it may not provide the same degree of assurance, and therefore additional documentation may be needed if the certification is lacking important information. Sample final certification language is included below. SAMPLE FINAL CERTIFICATION LETTER Company letterhead. Date Company Name Company Address City, State Zip Subject: Build America, Buy America Act Certification for Project(XXXXXXXXXX) I, (company representative), certify that the following products and/or materials shipped/provided to the subject project are in full compliance with the Build America, Buy America Act(BABAA) requirement as mandated in the Infrastructure Investment and Jobs Act (IIJA) Pub. L. No. 117-58, §§ 70901-52. Item, Products and/or Materials: 1. XXXX 2. XXXX 3. XXXX 7 1198 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA Such process took place at the following location: If any of the above compliance statements change while providing material to this project, we will immediately notify the prime contractor and the engineer. Signed by company representative FEMA BABAA Waivers Waivers FEMA has the authority to waive the BABAA requirement when: (1) applying the requirement is inconsistent with the public interest(a "public interest waiver"); (2)types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality(a "nonavailability waiver"); or(3) inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25% (an "unreasonable cost waiver"). If a project cannot comply with the BABAA requirements, recipients and subrecipients must seek a waiver from FEMA. There are two categories of waivers: General Applicability Waivers and Project- Specific Waivers. General livability Waivers The term "general applicability waiver" refers to a waiver that applies generally across multiple awards. A general applicability waiver can be "product-specific" (e.g., applies only to a product or category of products) or "non-product specific" (e.g., applies to all "manufactured products"). Award recipients subject to BABAA may use general applicability waivers and do not require a separate application or approval by FEMA prior to use. These may cover categories of products known to be unavailable domestically or are intended to ease the burden of compliance. For example, FEMA has issued one general applicability waiver to date, the.EEMAQ,e„I„7,er....a1. A,p„RliCLlk ility...-Els..bIc......p„1;]t...Qr.;;Q,s t...W..a,ver.;. Although the BABAA requirements went into effect on May 14, 2022, FEMA determined that it was in the public interest to issue a general applicability waiver of the BABAA requirements to allow for an adjustment period for FEMA, its recipients/subrecipients, industry partners, and other stakeholders to develop and transition to the new compliance and certification process for iron, steel, manufactured products, and construction materials. This waiver is effective from July 1, 2022, until Jan. 1, 2023. The domestic preference requirements will not attach to awards or funding obligated during this waiver period and will only attach to awards or funding obligated on or after Jan. 2, 2023. FEMA anticipates issuing additional general applicability waivers related to de minimis, minor components, adjustment period for tribes, and small projects. As FEMA proposes and issues these waivers, they will be available for review on the E_EIMA B.8,QA.A. ,, r,e,b,s„i1 e,;,, 8 1199 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA Project-Specifi ewers Project-specific waivers are for the use of a specified non-domestic product for a single project. An assistance recipient may request a waiver from FEMA through their FEMA grant representative. FEMA must approve waiver requests before a FEMA funded project can permanently incorporate a non-domestic product. Due to waiver requests being both project- and product-specific, any other assistance recipient who wishes to use a waiver for a similar product must apply for a separate waiver based on specific project circumstances. Waiver Submission The steps below outline the process for submitting a project-specific waiver request application. For the additional information on the Interim Waiver Review Process, please see FEMA. ,; ,,,,,Ira;terirra„-9��.Ucy 20 7.22 Q.001.: BuyAraa ricer Preference in FEMA Financial Assistan ,e ��ra�jr� m,,.-, forInfr��.�tru(.;turc,. ............................................................................................................................................................................................................................................................................................................................................................. FEMA estimates that the timeline for most waiver requests will be 45-calendar days from date of submission until final waiver determination is made. Develop written waiver request. Request must include detailed justification for product use, product specifications, and a description of the effort to find an equivalent domestic product. Refer to "Waiver Requests" for additional guidance and requirements. Submit waiver request to FEMA grant representative. FEMA will perform a technical review of the waiver request. The waiver applicant should be prepared to provide additional information during FEMA's technical ` review and respond to any such requests as soon as possible (and no later than 15 calendar days) after FEMA requests the information. After FEMA completes the technical waiver review, the agency posts the waiver application for either a 15-calendar day or 30-calendar day(for general applicability waivers) public comment period after which a final determination will be made by the Office of Management and Budget(OMB) Made in America Office (MIAO). FEMA will inform the applicant of the final determination and the FEMA website will be updated with the determination status. Waiver Requests FEMA will use the following checklist to ensure applicant submissions for a waiver request meet BABAA requirements. We recommend recipients and subrecipients utilize this checklist to ensure timely review of their waiver request. The checklists below outline the elements that should be included in the waiver requests, including: 1. Applicant or recipient information; 2. Infrastructure project information; 3. Project Materials, Technical Specifications, and Quantity; 9 1200 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA 4. Waiver Type; and 5. Federal Agency Information (this is to be completed by the federal agency) Applicant or Recipient Contact Information Ensure the following information is included within the application. All information provided should be at the recipient or subrecipient level where the product is to be installed: ❑ Legal Name ❑ Unique Entity Identifier(UEI) ❑ Street Address ❑ City ❑ County/Parish ❑ State ❑ Zip/Postal Code ❑ Submitter First and Last Name, Title, Email and Phone Number Infrastructure (Project Information Ensure the following is completed within the application: ❑ Infrastructure project description and location ❑ Total Funding, including federal and non-federal costs ❑ Total estimated infrastructure costs, including all federal and non-federal shares(to the extent known) ❑ Identification if the waiver is for a specific product or a category of products (Project Materials, Technical Specifications, and Quantity Ensure the following is completed within the application: ❑ List of iron or steel item(s), manufactured products, and constructions material(s) proposed to be excepted from BABAA requirements, including: ❑ Name ❑ Cost 10 1201 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA ❑ Country(ies) of origin (if known) ❑ Relevant Product Service Code (PSC) and North American Industry Classification System (NAICS) code for each ❑ Technical specifications description of item(s)to be waived. Waiver request cannot proceed without specifications. Examples of descriptions include: ❑ PDF of plans and specifications (with individual product page highlighted) ❑ Email defining products ❑ Product cut sheet from manufacturer ❑ Other ❑ Product quantity required ❑ Date required for product delivery Waiver Type Ensure the project-specific waiver type and information inputs for the waiver type is completed within the application: ❑ Nonavailability ❑ A description of the due diligence performed by the applicant, engineer/architect, or contractor, including names, and contact information of the manufacturers, distributors, or suppliers contacted for quotes (minimum 3) and the responses provided. ❑ If one or more respondent indicated that they could provide a BABAA compliant item, but you are requesting the non-availability waiver because the lead time to obtain the BABAA compliant item is excessive, indicate how the difference in lead time between a BABAA compliant and non-compliant item is going to cause the project to miss a significant milestone or deadline. ❑ Unreasonable Cost(BABAA compliance increases total project cost by more than 25%) ❑ What is the additional cost of the BABAA compliant items, compared to using iron and steel, manufactured products, and construction materials of non-domestic or unknown origin? (File attachment of prices for BABAA compliant and non-compliant items for items to be included in the cost comparison.) ❑ What is the additional administrative cost for compliance with the BABAA requirements? (File attachment of certification from the engineer or architect attesting to the actual or expected additional administrative cost.) 11 1202 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA ❑ For which items does the applicant request to be waived from the BABAA requirements to reduce costs below the 25%cost threshold? ❑ Public Interest ❑ Explanation of how waiving the BABAA requirement for this project or product serves the public interest ❑ Additional information for the Agency to consider for the requested waiver ❑ Anticipated impact if no waiver is issued ❑ Certifying Official Name ❑ Certifying Official Signature ❑ Date of Certification (Federal Agency Information Ensure the following is completed by the federal agency within the application: ❑ Federal Awarding Agency ❑ Financial assistance listing name and assistance listing number ❑ Federal financial assistance program title ❑ Federal awarding agency point of contact: ❑ First Name ❑ Last Name ❑ Email ❑ Phone ❑ Federal Award Identification Number(FAIN) (if available). Federal awarding agency organization information (e.g., Common Government wide Accounting Classification [CGAC] Agency Code). Enter the federal agency name, and subcomponent name, if known, and CGAC code. ❑ Indication of waiver level (Project, Award, Program, or Agency) ❑ Indication if waiver is a general applicability waiver or project-specific 12 1203 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Best Practices for Documenting Compliance with BABAA ❑ Agency summary and determination regarding the waiver request ❑ Attachment of additional files if space is needed to answer any of the questions in the form. ❑ Agency waiver, in an attempt to avoid the need for a project-specific waiver. Such a justification may cite, if applicable, the absence of any BABAA compliant bids received in response to a solicitation. This response should be a narrative and include all necessary information to support the justification for a waiver. Additional Information Additional information, including definitions, can be found at°"-��,es„y,,,, ,rni, „r;„ , ,"",,,,IPr;;��„fer;;��,1;;7,c,��,,,,,,i„i;;7,,,,-�;-II�;IM �ir'iac)ci��1 Aw�aw�istance IF"r.�r�rL� ms for Iry ra a;trre..icte,.ir�� IFI�.MA. ov and f:3,J.1d Armre rice f.:3 jy America Act ............................................................................................................................................................ ..........................................................................................V....................... ,%s r7 ly Aaw l C e.,s,f,;; 0 �,,,,,,(�,;�,),,,,,,,,0,,,,,-EEMA;;,�. You can also refer to the Office of Management and Budget's Made in America Office Website (.q.j,r..r 1, ,,,,,,,,� ir7 Army ri ) and the .„e;;s„i„I, .....A.rttl„�,r;;i, ,,,",,,,,,',I;;s„y rni.er:.l..c..a...-.;..... ta:�,l'...".....t.....a..C:?. ....-FAo,.-; �`or Award FReci n ients (, r,h„t h,�r.r.:s.s.e..:: ov).. 13 1204 Twin Lakes Me),Lar ko Flood Miti ation Project NON-COLLUSION AFFIDAVIT 1,Danny Garcia of the city of Miami,FL according to law on my oath, and under penalty of perjury, depose and say that; 1. I am vice-President of the firm of __. .._._..... ................__................ ............. the bidder making Ferreira Construction Co.,Inc. the Proposal for the project described in the Request for Competitive Solicitations for: FLOOD MITIGATION rRQMU Monroe County,Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor. 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition. 5.) the statements contaai in this affidavit are true and correct, and made with full knowledge that Monroe Count,')(reHes u n the truth of the statements contained in this affidavit in awarding contracts for said proje„��'. . :drier ° I �fti�e of B ( i �.) (Date) see. .. m, STATE OF _... COUNTY OF: �°° Subscribed and sworn to (or affirmed)before me, by means of l"'p' hysical presence or ❑ online the undersigned authority,m 2 : ri ;rt.e, (name of individual signing)who, g re in the space provided above 4 his after first being sworn by me, affixed ors/her signature _—. B ..,.POTARY PUBL wi _ lR�g 'LION 0��6.16.2026 My commission expires: OF,w '9� R\•, FL•,,. AUMS i Mill" 8.23 BID P. ROPOS AL 00110 1205 Twin Lakes Kev Largo)Flood Mitigation Project LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA ,, Ferreira Construction Co., Inc. „ (Company) "... 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 Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990.For breapb,( ii violation of this provision the County may, in its discretion,terminate this contract without liability and,°6 ay also,in it 41 scretion,deduct from the contract or purchase price,or otherwise recover,the full mount ol,°any,l ;,com�llp,,lion,percentage,gift,or consideration paid to the former County f)fficer or employ t ature p,:� _ -- - (Sign � (Date) STATE OFF l .. COUNTY OF Subscribed and sworn to (or affirmed)before me, by means of Ej"physical presence or ❑ online, the undersigned authority, who, after first being sworn by me, affixed his/her: Signature �'�"Una�`d �a' �" ��°�� __-in the space provided (Name of individual signing) Above on this day ofy` 20 if 8 o s ._...... .........�....a._......,.,7 T Y` YJBLii �°� mm m G . ......... My commission expires: °�` ;•�O'��YPV9�' ��' all" i MY COMMISSION i i EXPIRES&16.2026 % 101111111111 .... .. ......... _----- ---_. ----- 10.18.23 BID PROPOSAL 00110- 13 1206 Twin Lakes_gKe% Largo)Flood Mitis,ation Project ect DRUG-FREE WORKPLACE FORM The undersigned CONTRACTOR in accordance with Fl. Statute 287.087 hereby certifies that: Ferreira Construction Co., Inc. (Name...... ........ ......... ......... (N of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or polo contendere to,any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Asa person authorized to sign the statement,I certify that this firm complies I'�Il with,4ie 1'p gn fy p y oY"e reqflirements. � � C .... d I .:, ._. ....... Date STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of Ophysical presence or O online on the day of w 20 L'4 by � _ 7"�d� 9" (Name w, of affiant). He/She is personally known to me or has produce�, 1+11a,,,,,�� (type of identification as identification. ,.�" , N;vV Pjj My Commission Expires: ......... ......... ................._ i MY COMMISSION EXPIRES 6.16.2026 1OT RY PUBLIC " ...... _..._...._ 10 18.23 BID PROPOSAL 00110- 14 1207 Twin Lakes Key Largo)Flood Mitigation Proiect PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Ferreira Construction Co., Inc. I have read the above an4,state,,thjt,n6ihq„m_____,_ ._ �n,(Proposer's name) 1�� p�'sd on th�`convicted vendor list within the last 36 months. be� .:m W .. (SignatureT ...,, �� (Date) STATE OF COUNTY OF ..,,�I Subscribed and sworn to (or affirmed) before me, by means of Ophysical presence or O online on thee, day o f 20 . by ( ,I, ��r1. (Name of affiant), I,c/She is personally known to me or has produced type of identification)as identification. -(IHERN�,,,, sox"', A �'p'(PBY p11BN�Y My Commission Expires: � �� - RES1g.l �. . r " _ Y z 8 �� = NOTARY PUBLI ........ ........ .. . _ . .. .,.,. ,. 10.18.23 BID PROPOSAL 00110- 15 1208 Twin Lakes iKey Largo)Flood Mitigation Project VIE D R E TI I N RE D IE LI T Project Description(s):Twin Lakes (Key Largo) Flood Mitigation Project Respondent Vendor Name: Ferreira Construction Co., Inc. Vendor FEIN: 22-3334957 Vendor's Authorized Representative Name and Title: y Garcia, Vice-President ann... a ............ Address:6101 NW 74th Avenue City: Miami � ._.............._ w_.__.......... State: F�. _.._ ..�. ............................... Zip:33166 Phone Number: 305-805-6900 Email Address: dgarcia@ferreiraconstruction.com 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 amount 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$1,000,000 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 s. 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 is 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 Syrhl. / / Certified By: Danny Garcia, Vicq,'Preside�rot` who is authorized to sign ��ia,bc�� ` l 11 a ve ref �� ed c mpa� y, Authorized Signature: Print Name: Danny Garcia Title:Vice President Note: The List are available at the following Department of Management Services Site: W4! /1 y+ ms.Tii fl i �� °upij),ii in(:y„�u��u,� gati �� /state 1r�M� 1 u, i o n .up a n mat 11/ ��l��,wic twc a: y,,gld2! I�1 � u ..... ......... ........ ... ................ ....................... ........ ....... ........ 10.18.23 BID PROPOSAL 00110- 16 1209 Twin_Lakes ie�Larol Flood Mitigation Project SECTION 00110 Bid Bond ... ... ....... ................. �.. _..... Ferreira Construction Co.,Inc. KNOW ALL MEN BY THESE PRESENTS,that we 31 Tannery Road,Branchburg,NJ 08876 (Here insert full name and address or legal title ofCONTRACTOR) Berkshire Hathaway Specialty Insurance Company 1314 Douglas Street,Suite 1400 as Principal,hereinafter called the Principal,and Omaha,NE 68102-1944 Here insert full name and address or le al title of Surety) a corporation duly organized under the laws of the State of Nebraska Monroe County-Florida as Surety,hereinafter called the Surety, are held and firmly bound untow,__............................ 0 Simonton Street, KeyWest, FL 33040 (Here insert full name and address or legal title of Owner) as Obligee,hereinafter called the Obligee,in the sum of............................................................................. w � _... , Five Percent o the mount I (Dollars $.5/o Amount Bid for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for win es (Key y Largo) Flood Mitigation Project .... a .... ..... (Here insert full name.address and description of project) NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall-enter a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed am d sewed this 5th........ ��..... day of March _.m. . .w_20 24 ...... ............. ,.. Ferreira Construction Co., Inc. (Wit ,ss) (Principal)„ (Seal)' (Title) .. �...................m .Iath.. ... Specialty Insurance Compy ( to Y Be hire aw S � . .... • _ Witness nr Seal Ryan Gray, Witness"' Surety � (Seal) K laI 5trav ato,Attorney-in-Fact 10.18.23 BID PROPOSAL 00110 24 1210 Twin Lakes Ke Lar o Flood Miti ration rMio SUBSTITUTION REQUEST FORM TO: Director of Engineering Services Monroe County Engineering Department 1100 Simonton Street Key West,Florida 33040 Ph: (305)295-4329 FAX: (305)295-4321 We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO. DRAWING NAME SPEC. SEC. SPEC.NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution:N/A Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certi'i es th4 the functu,)%a jiearance and quality are of equal performance and assumes Liability for eg6al pe fom d�ice,,equal,, esigpu'and compatibility with adjacent materials. Sultli�te �: Si atur � x�� Vice-President Title Ferreira Construction Co., Inc. ................................... ....... .......... Firm 6101 NW 74th Avenue Address Miami/FL/33186 305-805-6900 03-13-2024 City/State/Zip Code w...................... .... Telephone. .................. .......... Date Signature shall be by person having authority to legally bind his firm to the above terms.Failure to provide legally binding signature will result in retraction of approval. For use by the Engineer: Approved Approved as noted Not Approved Rec'd too late insufficient data received. By..___.............................................................................................................................................. Date 10.18.23 PRE-BID SUBSTITUTIONS 00163-4 1211 Twin Lakes Kev Lang)Flood Miti ation Pro'ect Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No if yes,clearly indicate changes: N/A B. Will the undersigned pay for changes to the building design,including engineering and detailing costs caused by the requested substitution? Yes No if no,fully explain: N/A ................ C. What effect does substitution have on other Contracts or other trades? N/A D. What effect does substitution have on construction schedule? N/A E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain:..N/A........................................._. _....._.... F. Reason for Request: N/A G. Itemized comparison of specified item(s)with the proposed substitution;list significant variations: N/A H. Designation of maintenance services and sources: (Attach additional sheets if required). N/A END OF SECTION 00163 10.18.23 PRE-BID SUBSTITUTIONS 00163-5 1212 Twin Lakes(KeyLarzo),Flood Mitigation Project Attachment H ............................... Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered'Tra insactions The prospective subcontractor...................... W........ W. of the Sub-Recipient certifies, by submission of this document, that nelither it, its princip0s, nor amilli es are presenfly debarred, suspended, Iproposed for debarment, declared ineligible, voluntairHy excluded, or disqualified frorn participation in this transaction by any Federal department or agency., SUBCONTRACTOR .......... ...................... By Mroe Coqny BOCC: �0? on............. ----—------ Signat�ri'�" §u"'b"E'Recipient's Name T", B0200 i end i ntract Number LPDM-PJ-04-1FL-2022001 Street Address FEMA Project Number, City, State, Zip 10.18.23 BID PROPOSAL 00110- 17 1213 Twin Lakes Ke%,LarLpop Flood Mitigation Project as..�...... sub--; v.�.tract r � d y Monroe amity �:��.m� t �:c��l�l°�leti:�� oaf w o,it associated m itlu.the below indicated rgject: Twin Lakes(Key Lairgo)PIlood tamiai atllo fl Project heck ones ....................................is as aimiiwrit:yg business enterprise. as defined in Se tia:aim 288,703 Floi"idaa Slaatmates a:m:ar FCC is;not am ininority business eamtealmm°i^se,as defined imm Section 288.703, IE;11ii:)fida Statutes. F.S.288,7703(3) -Mimio:a%it'l'business ntie�ris ""rnea s any �:ial 1Q usni s concern as defined in subsection (6')(.see below),which is organized to engage m a o mmim.ier i.a'al tmansaa tions.which is Slav inieiletl imm Florida.and which is at least 51 �percent-gmvned by minority persons -who are mm.ieinbers of an insaalitr m.°oa.alm that is of particular racial.. ettuaic, or re;i der tivakeup or national o i;gin,.1 v%rhieli has been. sailjeetell historically to i.s arme treaaunent due to identification. in and with that group restdting in an widempresentation of ommm.aner iaal entemlmmises a.amm er time m°ouijm'es control. iia::l whose mmmaanaa emmaent and daily operations are controlled by such persons, A min.orit'l$ business enterprisemay piilniaa"ily involve the practice of profession. Oaw meaship by s mmmi.not°ity person, al es.imot r eltide ovvnership avWch is, the iesaml.t of a tintisfer a.amam-i a 1101mmmifil,chty person to as mmaimmo itl liners n wm°itl:ain am related i innediaate f" mmily groi.ip if time co mmimimmed total enact asset value of all m:imem items of such l'aaummi.ly group exceeds $1 mmmillion. For r laauposes, of thiss.", subsection. the term "related imniinediaate f n. . rmaa q?"",means one or mra. re cWldren ander 16 years amf as e d as parent of.'such children,or time spouse of saaelm'i.m rent residing in time same house or living unit. ".S 288.70;3(6) "Sniaall l.au:mshiess" means, an independently mrwwm.ed and o em°aated Ibusiness concerim that m niploy% 200 ami:fewer t�em�n memit u:rll-tiamme eniplo ees and that, together with ils affiliates. has as comet m�amrtl:m ail'not amiore than S 5 mmmillion or any fir in based in this state,which has a Sniaall Bus.a hem Aml,amm istm tip,u 8(aa) a ertificalion, As,applicable to sole I..ir mprieto slm.ips. time 5 mmaillion net worth ortlm me una.i:iiremmmemm.t shall include both personal and d business invesjmamenvi. Contractor immmy m°e 1el tam i't . 28V0,3 a"a r imm.ore i.ami`onnaation. ammtm as gate: 03-13-2024 � naataaae" Print Naiate: armriy Garc a Tide: Vice--lire,,'d ent .ilW'ri,,E. 6101 N 74thmanitua t rat •St ter" Irl u,%mV' 33166 __._ .....��. Email. aM`cia.ofcf Irreira n sartset'io'I OM i.i"icaa tion: ritle/a OMB Oepaair nitenty Veii iedvi€yam lmtt as, a:msa:lo lnuas iim Q'aaiITiia ITaatltt mlQimw ta: a a:" 10.18.23 BID PROPOSAL 00110- 18 1214 euiwbnau,�nnmmmmw ire Certification Regardlriig Lobbying Check-the appropriate box, r] 'This Cerfificatlon Regardft-Dg Lobbying Is roquired becausethe Contract, Grant, Loan,or Coopera,hve Agreemerr.till exceed S100,000 Ipursuardtoy 2 C.Rk Dart 200,Appendix 111(11),31 U.S.0 1352- arid 44 C�F.R; . Part'18 E7_ This Certificaflon ilssnot reclulred Ibecausethe Contract Grard, Loan,or Cooperative Agroement Mil be loss thairn$100,000. APPENDIX A, 44 C.112.R.PAR-T 18®CEffrl1l:::11CXn011M REGARDING LOBBYING CertificaVon for(,,ontracts,Grants,Loans,and Cooperative Agreements I he i.nWArsigrued cerfifies,to ttiie best of his or her IkrnoWedge and beftf,that: 1. INir.)Feder a]appropriated funds have been paid or will be paid,by or on behalf of the uridersigned,to any person for linfluencing or sttemptlng to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an simployee of a Member of Corngirqss Ilia co anima c6on with the awarftg of any Federal contract,the malding of any Fcv�derW graird,the making of any Federal loan,the.entering Into of any cooperaUve agreement,and the extern slor,i,coritlnuaVon, renewaL arneindrinent,or,modification of any Federal contract,grant,loan,or cooperallive agreement. 2.. If any,funds other than Federal appropriated funds halve been paid or will be paid to any person for Influenciing or aftemipfing to influence an officer or wnplloyee of any agency,a Member of Congress, an officer or ernployee of Congress, or an erriijployee of a IMerrntuar of Congress In connection with this Federal contract,granll,,loan,or,cooperative agreement,the undersigned shall compWe aind submtl� Standard Forrn-LLL,"D!Wosure Form to Report Lobbying,"ln accordance with its linstructions, & The undersigned shall require tin at the langtmge Or ffft cerEficatilon be Includod In the wovard docurnerints for all subawards at ail tiers (Inc1luftg siubcoritmcts,subgrants,arid rontracts under girants,loans,and cooperative agreenrients)and that all subreciplents,shall certify and disclose accordingly. rNs certfficaflon is a materlial representation oaf fa upon which reliance was placed iohentft tram sactiori vvas made or entered Into. Submission of this cerfificabon is a prerequisitefor It7rmalking or entering into this lransacUon impnsed by section 11352,title 31, U 3 Code. Any person who fail's tofille the required cerfification shall be subJect to a&H penalty of not less than$10,000 a.nd not more than$1 00,000for each such failure. X The Sub-Recilpien't orr.tiubcqn1ractor,,,,�_,,,', certMes or,affirimsthe truthfulness and acc aura cy"I each,, tat�l;ient of its certillcaflon and disclosure,ff,ainy. In addition, the Contractor understands and aoreei that th'e,proy-Islons of 3,11 U.S..C..Chap.38,Adminl1strative Remedies fir False Claims and St4tep4nts,a0plytpAhis d6rUf1cation-and disclosure,11 any. '61& Sign ofur's"Of Sou l ip i V'QubcontractoT's Authorized Officlal ........... .......... Name and 11AIle of SLPi�-Recipient/4-tibcontractors kfthohzed Official Date ---------..........................- -----------..................................................................................................................................... ........................ ....... .................. ............................................................................. .......................................................................... ---------- 10.18.23 BID PROPOSAL 00110- 19 1215 ('"ro be st.lbniiiitted with each bid or offer exceeding$1,00,000) irtpfic tio n for Coiritracts, Grants, p,,,,oaris, and Coloper tliive Agireenients I,,,.h a irx.J rsp rnis c rflifi s, t tlln best f his r Ihier knowledge d ll� lllik..:4, that I No, Federal approlpiriated funds have been paid or Mll be paid, or oh behalf of the undersilgiried, to any Iperson frmr influencing or atternljjpfing to infit.jence ain officer or eimploy nnrn of an agency, a Member r of Corn ress,an: officer or emppoyee of Congress,our. n employee f Member rlll r of u�l rnr ss In, connrnectii rn with theawarding dinng f any 1,,, cler l cointract, the rnakirng of array Fede4l grant, the making of any Fed null Doari, the rnt rin!l Irnto of any coojjperatilve agreement, and tine extension, c rn'tiiirnti tlio n, renewal, i n mdm nnt, or mod fpc ti rn of any Ili::ed r l contract, rr rrt, poain, � r cooperative agreement. if any funds other than IF:cm r ;l appropriated funds have been Ipaid or wifl be Ipaild to ainy personfor inflUencing or attempting to finfluierice an officer or employee f any agc-.1 racy, a M mbeir of Congress, an officer our employee of O rn ress, or an errilployee of a Member r of o nSrr f.,rs in connection rrthl this Federal contract, n-ain-t" loari,. or cooperative agreement,the unncl rrsligil r shall c r ill to and submit St ind r Forrrm- ,Il Tiscl saure Fora to Report L. ll ying/' In accordairice with, i1111.s Irnstrn..rctli rms, 3. The rm rspi ine sln ll� require that the language of tt-rams c rtifpc tl rn be included in the award rncu m not s for alll sub awards s t all tiers (includiiing subcontracts, c,ts, s ubgr nt:s,aind contracts r,.M r grants, Imams, and cooperative r rnnernts)and that all subrecipients shall c nrtpf (and disclose acc r urngly.' Inlus certification is a matierial r p,.nr s not do n of fact upon naurinpcl„m reliance was placed a NnrXro 0-flis transaction was made r entered arlt m Submission of this c nrtpfpcatpcnrn is a preirequisitle for rn&ng or eintering firnt tfnis transaction irnposed by section, 1.352,tptll ' 1„, I.I.S. Code-Any person who�f ips to fpll dine re t.,r ired certification sh fll be subject to a r,p pili penalty of not less,than 10,,000 and riot rnore than , 100,000 for each suJucllin f plu.ur . ., �:::.ei�°rpuii° �caA�sfio°mu�:t6�nim Co., r�na, p'h Contractor , certifies or affirims the tr tlnf lne�ss and accuracy of each statement "I"its e'ir tfic tpo n and dlsdosure, if any. In,addition, the Contractor nmdersta nddrs ti t the,_ �sl' ns of 31, U.S.C. Chap. 38, AdministrativeRemedies f r F Iser rns rr .St t r is apppyto tl°ills c ftiflc tl nn and rsc:l su,rr , If array. �r .. Signature "� rntrctrn�s iinnrndDanny"' Garcia, Vice lOffpnI a PJaii n and 1f,,M f o ntir ctor*s authorized Official E) t ........ ................................................ ....................--........................................ ........ ...... ........ ........ -.....-- ........ - 10.18.23 BID PROPOSAL 00110-20 1216 ..A „ r '' I a °w term^" warrants that heilid iIhas, u°rrrt rrrllurlUr overt., rrrtaline t or rrttr mnse Laid act, an trmrr,her. bobaff any t.ru rrrurlu,. ulUnty off ic r or emimployee in vlo'laficurr irrt S r.U.ul in 2 of Ordinance No It 10.1994)` or any County nnty officer or ar;rutnUrttre ry in nnu;u rrttr'wu°°in of SeirAinn, of U trrtUu fl rrr rr No, D 10-1990,, For tireacA or rrl'i t trrmo m of,1,tom prr oils trlur r rb�nmit curt rwrAa L fi rt �p it u �u°r tl� .,* t rrnr.mntnwm ar Vo- turtrt tUru o '' uuu ullr , r ur tr uu t olr rr�n t thisut0mr ort µ rU�rrr W .n. , t fromm t h yg iu a ttrr °'M re c ry�u � tr Ur a� nr t 'w m rr ru u _ ..............._„ ulrt°wr,h a TATEF 10 Seim--tc,6tmrrat't and w rn t (or affirr°n i ) before nniel, by rrnewwa, of wllmysIicaU pireseirme r , ' A.,mlime �. I�r�iti�n)b"'' �� It'� tt� �r�N�"�&"rTYiil,'*cUt afflar'i'ttir. �St1ke;is pmorsr"PIMuatt ter m._ air d ims prr tr.rrnw �t�s� of!dentificalion)*�s��Na��uo��n,a rrr Inr � ,,,.�,,.......«,. A�Y�' 1RE 6.16-2026 IF N� �Y PUf3-Lt � �I •�•� £ 'y Comaiiiiession `xp: lr' Fam..��igpq�J1fill 101%,�� 1217 Client#: 353923 FERRECONST DATE(MM/DD/YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 1 5/03/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Breffni McEntee NAME: Conner Strong&Buckelew PHONE 646-891�981 FAX 646-843-3931 A/C,No,Ext: (A/C,No): 32 Old Slip,Suite 3204 E-MAIL ADDRESS: bmcentee@connerstrong.com New York, NY 10005 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Liberty Mutual Fire Insurance Co. 23035 INSURED INSURER B: Endurance American Specialty Ins.Co. 41718 Ferreira Construction Co., Inc. dba INSURERC:Westfield Specialty Insurance Company 16992 Ferreira Construction Southern Division Gotham Insurance Company 25569 INSURER D: p Y 6101 NW 74th Ave. Texas Insurance Company 16543 INSURER E: p Y Miami, FL 33166 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 CONTRACTOR 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 EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY TB2631510814023 07/01/2023 07/01/2024 EACH OCCURRENCE $2,000,000 _ m PREMISES ETORENTED CLAIMS-MADE X OCCUR t o T DAMAPREMISES RENToccurrence) $1,000,000 MED EXP(Any one person) $10,000 6Y 7:!% 5.3.24w/attachments PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE $4,000,000 POLICY 1 JECT WANO LOC r � PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY AS2631510814013 07/01/2023 07/01/202 C Ea OMaccidentBINED SINGLE LIMIT $2e 000e 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LIAB X OCCUR EXC30000705505 07/01/2023 07/01/2024 EACH OCCURRENCE s3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WA263D510814033 07/01/2023 07/01/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess Liability XSL00014GY01 07/01/2023 07/01/2024 $2M Occ./$2M Agg. D Excess Liability EX202300003607 07/01/2023 07/01/2024 $3M Occ./$3M Agg. E Excess Liability JT123EIAN0251701 07/01/2023 07/01/2024 $5M Occ./$5M Agg. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Twin Lakes (Key Largo) Flood Mitigation Project The Monroe County Board of County Commissioners, its employees,and officials are Additional Insureds on the above-referenced Commercial General Liability Policy and Automobile Liability Policy if required by written contract. Excess Liability Policy follows form. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved_ ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 1218 #S4629196/M4408833 ALA DESCRIPTIONS (Continued from Page 1) There are no general liability exclusions for explosion, collapse,or underground property damage(XCU coverage). SAGITTA 25.3(2016/03) 2 of 2 1219 #S4629196/M4408833 Client#: 353923 FERRECONST DATE(MM/DD/YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 1 5/01/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Breffni McEntee NAME: Conner Strong&Buckelew PHONE 646-891�981 FAX 646-843-3931 32 Old Slip,Suite 3204 E-MAILo,Ext: (A/c,No): ADDRESS: bmcentee@connerstrong.com New York, NY 10005 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Liberty Mutual Fire Insurance Co. 23035 INSURED INSURER B: Endurance American Specialty Ins.Co. 41718 Ferreira Construction Co., Inc. dba INSURERC:Westfield Specialty Insurance Company 16992 Ferreira Construction Southern Division Gotham Insurance Company 25569 INSURER D: p Y 6101 NW 74th Ave. Texas Insurance Company 16543 INSURER E: p Y Miami, FL 33166 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 CONTRACTOR 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. ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY TB2631510814023 07/01/2023 07/01/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR PREMISESTOzR occur°nce $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY 1 JECT X LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY AS2631510814013 07/01/2023 07/01/202 EOa aBc,deDs tINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LAB X OCCUR EXC30000705505 07/01/2023 07/01/2024 EACH OCCURRENCE $3 OOO 000 X EXCESS LAB CLAIMS-MADE AGGREGATE s3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WA263D510814033 07/01/2023 07/01/202 X STER ATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess Liability XSL00014GY01 07/01/2023 07/01/2024 $2M Occ./$2M Agg. D Excess Liability EX202300003607 07/01/2023 07/01/2024 $3M Occ./$3M Agg. E Excess Liability JT123EIAN0251701 07/01/2023 07/01/2024 $5M Occ./$5M Agg. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Monroe County Grant B0200 The Monroe County Board of County Commissioners, its employees,and officials;and The Florida Department of Environmental Protection and Florida Division of Emergency Management are Additional Insured on the above referenced Commercial General Liability Policy if required by written contract. Excess Liability Policy follows form. CERTIFICATE HOLDER CANCELLATION Florida Division of Emergency SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Management ACCORDANCE WITH THE POLICY PROVISIONS. 2555 Shumard Oak Blvd Tallahassee, FL 32399 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved_ ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 1 220 #S4626911/M4408833 ALA Client#: 353923 FERRECONST DATE(MM/DD/YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 1 5/01/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Breffni McEntee NAME: Conner Strong&Buckelew PHONE 646-891�981 FAX 646-843-3931 32 Old Slip,Suite 3204 E-MAILo,Ext: (A/c,No): ADDRESS: bmcentee@connerstrong.com New York, NY 10005 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Liberty Mutual Fire Insurance Co. 23035 INSURED INSURER B: Endurance American Specialty Ins.Co. 41718 Ferreira Construction Co., Inc. dba INSURERC:Westfield Specialty Insurance Company 16992 Ferreira Construction Southern Division Gotham Insurance Company 25569 INSURER D: p Y 6101 NW 74th Ave. Texas Insurance Company 16543 INSURER E: p Y Miami, FL 33166 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 CONTRACTOR 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. ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY TB2631510814023 07/01/2023 07/01/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR PREMISESTOzR occur°nce $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY 1 JECT X LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY AS2631510814013 07/01/2023 07/01/202 EOa aBc,deDs tINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LAB X OCCUR EXC30000705505 07/01/2023 07/01/2024 EACH OCCURRENCE $3 000 000 X EXCESS LAB CLAIMS-MADE AGGREGATE s3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WA263D510814033 07/01/2023 07/01/202 X STER ATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess Liability XSL00014GY01 07/01/2023 07/01/2024 $2M Occ./$2M Agg. D Excess Liability EX202300003607 07/01/2023 07/01/2024 $3M Occ./$3M Agg. E Excess Liability JT123EIAN0251701 07/01/2023 07/01/2024 $5M Occ./$5M Agg. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Monroe County Grant Agreement 22SRP57 The Monroe County Board of County Commissioners, its employees,and officials;and The Florida Department of Environmental Protection and Florida Division of Emergency Management are Additional Insureds on the above-referenced Commercial General Liability Policy if required by written contract. Excess Liability Policy follows form. CERTIFICATE HOLDER CANCELLATION State of Florida Department of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Environmental Protection ACCORDANCE WITH THE POLICY PROVISIONS. 3900 Commonwealth Boulevard Tallahassee, FL 32399 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 1221 #S4626914/M4408833 ALA