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Item J1 JI 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 October 16, 2024 Agenda Item Number: J1 2023-3063 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner N/A AGENDA ITEM WORDING: Approval of an Amendment of a Contract with Geosyntec Consultants, Inc., d/b/a Applied Technology & Management("Geosyntec"), to Provide for Additional Design and Environmental Permitting of a Shoreside Seawall and/or Rock Revetment and Dock In Connection with the Performance of Mooring Field Design &Permitting Services in Monroe County. The Total Amendment Amount is $98,000 to be Funded Entirely by State of Florida Legislative Allocation FY 2024 (FWC Contract No. 23135) and/or Through County Boating Improvement Funds ("BIF"). ITEM BACKGROUND: The Monroe County Board of County Commissioners ("BOCC") has long recognized that unmanaged anchorages with historically high numbers of vessels in the waters surrounding Key West and Stock Island are significant sources of abandoned and derelict vessels. Monroe County has the greatest number of derelict vessels in the State, a problem which causes environmental damage, creates navigational hazards, and costs taxpayers over $800,000 a year. Monroe County has pursued installing a mooring field in the Boca Chica Basin for many years. In 2014, Coastal Systems International conducted a Feasibility Study to evaluate siting and development of a new mooring field (or fields) in the Florida Keys. The Study examined the existing unmanaged anchorages at Jewfish Creek, Buttonwood Sound and Boca Chica Basin. Following the Study, the BOCC directed staff to pursue permitting a mooring field at Buttonwood Sound, the highest-ranked location. However,permitting a mooring field at this site was abandoned in 2014 after significant community resistance and difficulty in acquiring a shoreside access site arose. The BOCC directed staff to pursue permitting a mooring field in Boca Chica Basin instead. The County hired Coastal Systems International to conduct a Detailed Feasibility Study in 2016 and again in 2020 to pursue Conceptual Permitting for the Boca Chica mooring field. Ultimately, the 4613 County was unable to continue permitting a mooring field at that time due to the lack of a suitable location for shoreside access and facilities. However, significant work was completed for this project, including: mooring system design, mooring field and navigational channel design, environmental permit sketches, draft mooring field management plan and draft sovereign submerged land lease drawings. In early 2022, Monroe County acquired a 22,500 square foot property with approximately 150 feet of seawall on the west side of Boca Chica Basin at 6633 Maloney Avenue, Stock Island. Now that Monroe County owns a site to provide upland access and shoreside services, the County will be able to pursue permits from Florida Department of Environmental Protection ("FDEP"), United States Army Corps of Engineers ("USACE"), and the Florida Keys National Marine Sanctuary("FKNMS") for a mooring field in Boca Chica Basin. At their January 2023 meeting, the BOCC directed staff to advertise a Request for Proposals (RFP)to hire a consultant to plan and permit mooring fields in both Boca Chica Basin and Man of War Harbor. Four(4) responses to the RFP were received by the Purchasing Department, and a Selection Committee met on April 26, 2023, to review, score and rank the responses. Based upon the average scores of all members and qualifications described in the responses, the Selection Committee recommended for the BOCC to approve the selection of the top-ranked respondent Geosyntec Consultants,Inc. d.b.a. Applied Technology& Management("Geosyntec" or"Applied Technology") and to issue approval to negotiate a contract with Geosyntec. The BOCC directed staff to negotiate a contract with Geosyntec at their May 17, 2023 meeting. The BOCC approved a contract with Geosyntec at their June 21, 2023 meeting. The proposed contract amendment provides for additional design and environmental permitting of a shoreside seawall and/or rock revetment and dock located at 6633 Maloney Avenue, Stock Island to serve the future mooring field in Boca Chica Basin. PREVIOUS RELEVANT BOCC ACTION: March 2014- Direction to pursue a mooring field at Buttonwood Sound August 2014- Direction to no longer pursue a mooring field at Buttonwood Sound, and continue to look into the potential for a mooring field at Boca Chica Basin November 2016 —Direction to hire Coastal Systems International to conduct a Detailed Feasibility Study for a mooring field at Boca Chica Basin February 2020—Direction to hire Coastal Systems International to pursue Conceptual Permit for Boca Chica Basin mooring field 4614 January 2023 —Approval to advertise a Request for Proposals for a consultant to provide mooring field design and permitting services for the mooring fields in Boca Chica Basin and Man of War Harbor May 2023 - Direction to hire Geosyntec to design and permit mooring fields in Boca Chica Basin and Man of War Harbor. June 2023 -Approval of contract with Geosyntec to design and permit mooring fields in Boca Chica Basin and Man of War Harbor. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Amended Scope of Work to add Tasks 5-9 to Exhibit A (attached). STAFF RECOMMENDATION: Approval. DOCUMENTATION: Approved Mooring Field Consultant Contract.pdf 2024 09 C01 GL AL WC exp 4.1.25 signed.pdf Mooring_Field_Consultant_Contract—Amendment_1.pdf 2024 09 C01 P&I exp 4.1.25 signed.pdf FINANCIAL IMPACT: Effective Date: upon execution Expiration Date: two (2)years from date of execution Total Dollar Value of Amendment: $98,000 to be funded entirely by State of Florida Legislative Allocation FY 2024 (FWC Contract 23135) and/or through County BIF funds. Total Cost to County: $0 (TBD) Current Year Portion: $0 4615 0"COURr" Kevin Madok, cpA Clerk of the Circuit Court& Comptroller— Monroe County, Flodda DATE: ,]titre 23, 2023 TO: 111-1'llari`' Burlier, Sr. Adiiiiiiistralor INIariiie Resources k FROM: Pam G o 6b ela . I laric ,C. SUBJECT: juric 21" 110CC Nleelilig Attached is art c1cctromc cop}'ol'llic follomrig item Ibr }°otrr liaridlilig: .13 Contract ®vifli Geosi,iitec Coiistillarils, Iiic. d/b/a Applied 'l'ecliiiolo*,& Mariagemerit ((;eosN,iitec) to perl'Onii Nlooriiig Field Desigai & Peniiittiiig Senices iii Moirroe ComilN-. Tola1 contract aiiiomit is $399,000.00 to be I'Mided eiitjrel}' by State offlorida 1,egislative Allocation FY 202 1 arid/or dirougli Count}' BLF I'Mids until Ixglislative Allocation becomes available. Should you liave ariv (Itiestioiis please I'Cel free to coiitact me at (305) 292-3550. CC: Count®, Attoriici' Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plan lion Key,Florida 33070 Plan on Key,Florida T 7n 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4616 AGREEMENT FOR CONSULTING SERVICES FOR MOORING FIELD DESIGN AND PERMITTNG SERVICES IN MONROE COUNTY This Contract is made and entered into this 21 st day of June 2023 , by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and GEOSYNTEC CONSULTANTS, INC. dba APPLIED TECHNOLOGY AND MANAGEMENT ("CONSULTANT"), whose address is 900 Broken Sound Pkwy NW, Suite 200, Boca Raton FL 33487. Section 1. Representations and Warranties and Term of Contract 1.1 The CONSULTANT shall secure, maintain, and pay for any and all licenses, certifications, or other authorizations necessary to act as CONSULTANT for the COUNTY until the CONSULTANT'S duties hereunder have been satisfied. By signature hereon, the CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in this Agreement and its attached exhibits. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. The CONSULTANT has, and shall maintain throughout the term of this Contract, all appropriate licenses, certifications, or other approvals or authorizations required to conduct its business, and hereby represents that it will at all times conduct its business activities hereunder in a reputable manner. 1.2 The CONSULTANT shall prepare all documentation required by this Contract in such a manner that it/they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law(s), codes, and regulations. The CONSULTANT warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that meets the COUNTY'S satisfaction, therefore eliminating any additional cost due to missing or incorrect information. 1.3 The CONSULTANT assumes full responsibility to the extent allowed by law with regard to its performance and with regard to those directly under its employ or authority. 1.4 The CONSULTANT'S tasks shall be performed as expeditiously as is consistent with the professional skill and care and the orderly progress of tasks assigned by the COUNTY. In performing the work required under this Contract, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions, of such tasks and activities, including those now in effect and hereafter adopted. Any violation of such law(s) shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this Contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.5 At all times and for all purposes under this Contract the CONSULTANT is an independent contractor and is not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONSULTANT or any of its employees, subcontractors, servants, representatives, or agents to be employees of the COUNTY. As an independent 4617 contractor, the CONSULTANT shall provide independent,professional judgment and comply with all federal, state, and local statutes, ordinances, rules, and regulations applicable to the services to be provided. 1.6 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,promoting, terminating, or any other area affecting employment under this Contract or with the provision of services under this Contract. 1.7 The effective date of this Contract shall be the last day on which it is signed by both of the parties. 1.8 Term of Contract. The term of the Contract shall be for two (2)years, commencing on this Contract's legal effective date and ending two years after that date (up to and including the last date of such period, unless such day is a Saturday, Sunday, or legal holiday, in which case the last legally effective day of the Contract shall be the next day which is not a Saturday, Sunday, or legal holiday). 1.9 Correction of Errors, Omissions, Deficiencies. The CONSULTANT shall, without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT. Section 2. SCOPE OF SERVICES. The CONSULTANT shall do,perform and carry out in a professional and proper manner certain duties as described in the Scope of Services -Exhibit A and Exhibit B -which are attached hereto and made a part of this Contract as if fully stated herein. Section 3. TIME OF COMPLETION. The services to be rendered by the CONSULTANT shall be commenced upon the Contract's legal effective date and shall be completed in accordance with a schedule directed by the COUNTY's Marine Resources Office to CONSULTANT. Section 4. COUNTY'S RESPONSIBILITIES 4.1 The COUNTY'S Contract Manager shall be the Monroe County Marine Resources Office Senior Administrator, who has authority to(D act on the COUNTY'S behalf on all matters concerning the CONSULTANT'S work-product contemplated by this Contract, and(22,)to administer this Contract and monitor compliance with all terms and conditions stated herein. 4.2 The COUNTY'S Contract Manager shall coordinate with CONSULTANT as necessary for the CONSULTANT'S performance of the tasks in Exhibit"A." The COUNTY shall review submittals by CONSULTANT and provide prompt responses to questions submitted thereto, in in order to minimize delay in the progress of the CONSULTANT'S work-product contemplated herein. 4618 Section 5. BUDGET/COMPENSATION 5.1 Budget. The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budged for this Contract in the COUNTY's fiscal year(October 1 - September 30)by the COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. The COUNTY'S performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation. 5.2 Compensation. The maximum compensation available to CONSULTANT under this Agreement is based on the tasks detailed in the Scope of Services. The COUNTY agrees to pay CONSULTANT based on completion of work within the Scope of Services according to the deliverables detailed in the Scope of Services. Compensation shall be paid by specific assignment/engagement completed which both falls under authorized Task 1 through Task 4 on Exhibit"A" and Task_l through Task-4 on Exhibit`B" and is/are deemed satisfactory by the Contract Manager. Any additional services included in Task 1 through Task 4 on Exhibit"A" and Task_l through Task_4 on Exhibit`B" must be authorized by the Board of County Commissioners. The total not-to-exceed cost for providing the services contained in Task 1 through Task 4_on Exhibit"A" is $179,000.00 and Task_l through Task-4 on Exhibit`B" is $219,000.00. Section 6. PAYMENT TO CONSULTANT 6.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court("Clerk"). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. CONSULTANT must submit to the COUNTY Contract Manager, who will review the request. The Contract Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Contract Manager must inform CONSULTANT in writing that must include an explanation of the deficiency that caused the disapproval of the request. 6.2 CONSULTANT shall submit, by U.S. Postal Service certified mail, or as otherwise agreed upon in writing by the COUNTY Contract Manager, when a lump sum task has been completed, an invoice by tasks as detailed in the Scope of Services in the following form and address: Monroe County Marine Resources Office Subject: Invoice Attn: Senior Administrator Ms. Brittany Burtner 2798 Overseas Highway, Marathon, Florida 33050 4619 6.3 CONSULTANT shall submit such invoices for tasks that have been deemed completed in writing by the Contract Manager, no later than fifteen (15) calendar days after each calendar month of task(s) completed. 6.4 Any extension of this contract into the County's next fiscal year is contingent upon an annual appropriation by Monroe County. Section 7. INSURANCE. 7.1 The CONSULTANT shall obtain insurance and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorizes work is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 7.3 The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 7.4 Delays in the commencement or completion of work, resulting from the failure of the CONSULTANT to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and/or failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 7.5 The acceptance and/or approval of the CONSULTANT'S insurance shall not be construed as relieving the CONSULTANT from any liability or obligation assumed under this Contract or imposed by law. 7.6 The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all of the CONSULTANT'S insurance policies to satisfy this Contract's requirements, except for Workers' Compensation. 7.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum thirty (30) days prior notification is given to the COUNTY by the insurer. 7.8 General Liability Insurance. As a prerequisite of the work governed, the CONSULTANT shall obtain, at its sole own expense, insurance as specified in the attached schedules, which are made a part of this Contract. The CONSULTANT shall require all subcontractors to obtain insurance consistent with the attached schedules. The CONSULTANT shall ensure that any and all sub-contractors maintain the same types and amounts of insurance required of the CONSULTANT. The CONSULTANT shall be named as an additional insured on all subcontractors' liability policies. Upon request of the COUNTY, the CONSULTANT shall 4620 provide such evidence of insurance required of the subcontractor. The CONSULTANT will not be permitted to commence work governed by this Contract(including pre-staging of personnel and material)until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and, when requested by the COUNTY and/or where otherwise applicable, the CONSULTANT shall provide proof of insurance of all approved subcontractors. The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. Prior to the commencement of work governed by this Contract, the CONSULTANT shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: Insurance Requirement Required Limits General Liability $300,000 Combined Single Limit Vehicle Liability ■ $200,000 per person ■ $300,000 per occurrence ■ $200,000 property damage Professional Liability ■ $300,000 per occurrence ■ $500,000 aggregate Watercraft Liability $500,000 per occurrence Worker's Compensation ■ $100,000 Bodily Injury by Accident ■ $500,000 Bodily Injury by Disease,policy limits ■ $100,000 Bodily Injury by Disease, each employee Jones Act: Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated with Longshoremen's Insurance), the CONSULTANT'S Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688)with limits not less than $1 million. The CONSULTANT shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all policies issued to satisfy the above requirements with the exception of Professional Liability and Worker's Compensation. 4621 The CONSULTANT shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The CONSULTANT shall provide to the COUNTY as satisfactory evidence of the required insurance: • A Certificate of Insurance or • A certified copy of the actual insurance policy. 7.9 Coverage shall be maintained throughout the entire term of the contract. 7.10 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.11 If the CONSULTANT has been approved by the Florida Department of Labor as an authorized self-insurer, the CONSULTANT may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONSULTANT'S Excess Insurance Program. 7.12 If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 7.13 The CONSULTANT shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONSULTANT if so required by the COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 7.14 The CONSULTANT shall provide to the COUNTY certificates of insurance and a copy of all insurance policies including those naming the COUNTY as an additional insured and as a loss payee. The COUNTY reserves the right to require a certified copy of such policies upon request. Section 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 The CONSULTANT agrees to indemnify and hold harmless the COUNTY and its officers and employees, for/from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of any kind, arising out of, related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s), and other persons employed or utilized by the CONSULTANT in the performance of this Contract, or arising 4622 out of, related to, or in connection with the willful non-performance of the CONSULTANT. The CONSULTANT shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of, related to, or in connection with its performance of this Contract, including those of any subcontractor(s). 8.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY harmless and shall indemnify the COUNTY from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 8.3 In the event completion of the work assigned (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the COUNTY or CONSULTANT, the CONSULTANT agrees and warrants that the CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 8.4 The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of any portion of the services specified in this Contract. The CONSULTANT agrees that it shall not be entitled to damages for delay 8.5 The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONSULTANT. 8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 8.7 This hold harmless and indemnification shall survive the expiration or early termination of the Contract. Section 9. STAFFING 9.1 As staffing is of paramount importance to the timely and proper completion of this Contract, the CONSULTANT shall provide services using the following standards, as a minimum requirement: 4623 The CONSULTANT shall provide at its own expense all necessary personnel to provide the services under this Agreement. The personnel shall not be employees of or have any contractual relationship with the COUNTY. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under Federal, State, and local laws to perform such services. Section 10. CONTRACT TERMINATION. The COUNTY may terminate this Contract for any reason, with or without cause, upon written notice to CONSULTANT. Immediately after receiving such notice, CONSULTANT shall immediately discontinue advancing the services contemplated herein, and deliver all work-product(including but not limited to data, documents, drawings, field survey notes,public records (as that term has been construed under Chapter 119, Florida Statutes), reports, etc.)to the COUNTY, whether unused,partially completed, or fully completed. Compensation shall be paid to the CONSULTANT through the end of services performed and provided to the COUNTY up to the date of termination. A. 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 days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty(30) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure 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; 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. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. 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 E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has 4624 been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5),Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Section 11. AUTHORIZATION OF WORK ASSIGNMENTS 11.1 All work assignments beyond or in addition to Scope of Services —Exhibit"A" and Exhibit`B"must be authorized in writing and approved by the Board of County Commissioners. 11.2 There may be additional instructions or provisions specific to the authorized work in the Scope of Services for the purpose of clarifying certain aspects of this Contract pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 11.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, monies that may become due or monies that are due) this Contract or subsequent Work Assignment without the prior written approval of the COUNTY in the form of a Consent to Assignment of Agreement, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written approval to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Section 12. NOTICES All legal notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified/registered/return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Monroe County Marine Resources Office Attn: Marine Resources Office Senior Administrator Brittany Burtner 4625 2798 Overseas Highway Marathon, Florida 33050 With a copy to: Robert B. Shillinger, Monroe County Attorney Monroe County Attorney's Office 1111 121h Street Key West, FL 33040 To CONSULTANT: Robert Semmes, Project Manager Geosyntec Consultants, Inc. dba Applied Technology and Management 900 Broken Sound Pkwy NW, Suite 200 Boca Raton FL 33487 Or addressed to either party at such other addresses as such parry shall hereinafter furnish to the other parry in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered by hand, courier service with proof of delivery, or, if mailed, when deposited in the mails, registered,postage paid, return receipt requested. Section 13. Maintenance of Records and Right to Audit. CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7-years from the termination of this Contract or for a period of 5 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333, whichever is greater. Each parry to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to CONSULTANT pursuant to this Contract were spent for purposes not authorized by this CONSULTANT, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 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 4626 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 CONSULTANT'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 CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to CONSULTANT. The right to audit provisions survives the termination of expiration of this Agreement. Section 14. Public Access and Public Records Compliance. The CONSULTANT must comply with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I, of the Florida Constitution. The COUNTY and the CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters, or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with and in connection with this Contract and related to Contract performance. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. The CONSULTANT is encouraged to consult with its advisors about Florida's public records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and conditions of this contract, the CONSULTANT is required to: Keep and maintain public records that would be required by the COUNTY to perform the service. 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. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONSULTANT does not transfer the records to the COUNTY. (41 Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONSULTANT transfers all public records to the COUNTY upon completion of the contract, the CONSULTANT 4627 shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the Contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. A request to inspect or copy public records relating to a COUNTY Contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the COUNTY's request for records, the COUNTY shall enforce the Contract's maintenance of records and/or public access and public records compliance provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of said provision(s)by the CONSULTANT. A CONSULTANT who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE#305-292-3470 BRADLEY-BRIAN(c/MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Section 15. Compliance with Law. In providing all services pursuant to this Contract, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. The CONSULTANT shall possess proper licenses, certifications, and qualifications to perform work in accordance with these specifications throughout the term of this Agreement. Section 16. Disclosure, Conflict of Interest, and Code of Ethics The CONSULTANT represents that it, its directors,principals and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement, as provided in Section 112.311, et. seq., Florida Statutes. 4628 Upon CONSULTANT's execution of this Agreement, and thereafter as changes may require, the CONSULTANT shall notify the COUNTY of any financial interest it may have in any and all contracts with Monroe County. n The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 17. Taxes. The COUNTY is exempt from payment of Florida State Sales and Use taxes. The CONSULTANT shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the CONSULTANT authorized to use the COUNTY'S Tax Exemption Number in securing such materials. The CONSULTANT shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. Section 18. Financial Responsibility. The CONSULTANT shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. Section 19. Miscellaneous 19.1 Successors and Assigns. The CONSULTANT shall not assign or subcontract its obligations under this Contract, except in writing and with the prior express written approval of the COUNTY and consistent with the Contract, which approval shall be subject to such conditions and provisions as the COUNTY 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 Contract. 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 parry. 19.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third parry. 19.3 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the 4629 threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Contract, CONSULTANT represents that the execution of this Contract will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will/shall promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 19.4 Claims for Federal 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 Contract. Any conditions imposed as a result of funding that effect this Project/Scope of Work will be provided to each parry. 19.5 Non-Discrimination. CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC 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.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County 4630 Code, Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, disability, 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 hereto, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix H,¶ C, agrees as follows: 1) The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4631 5) The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules,regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the consultant's 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 consultant 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. The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance;provided, however, that in the event a consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the consultant may request the United States to enter into such litigation to protect the interests of the United States. 19.6 No Solicitation/Payment. The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract 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 Contract. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Contract 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. 19.7 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of 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. 4632 19.8 Covenant of No Interest. CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. 19.9 Federal Contract Requirements. The CONSULTANT and its subcontractors must follow the provisions as set forth in Appendix 11 to Part 200, as amended, including but not limited to: 19.10 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 19.11 Davis-Bacon Act, as Amended(40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti- Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 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 the Davis-Bacon also applies, must also comply with the Copeland"Anti-Kickback"Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of 4633 the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 19.12 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 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. 4634 (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) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the 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). 19.13 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. 19.14 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as Amended). CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (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/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), 4635 as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The CONSULTANT agrees to report each violation to the COUNTY 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. 19.15 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 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. CONSULTANT is required to verify that none of the CONSULTANT'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 CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 19.16 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). CONSULTANTS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the CONSULTANT to the COUNTY. 19.17 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection 4636 Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the CONSULTANT 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, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 19.18 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications e ui ment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 19.19 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 4637 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. Other Federal Requirements. 19.20 Americans with Disabilities Act of 1990 (ADA). The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 19.21 Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and CONSULTANTS shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 4638 (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime CONSULTANT, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through(5) of this section. 19.22 REQUIREMENT TO USE E-VERIFY In accordance with F.S. 448.095, the CONSULTANT 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 CONSULTANT during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- 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 CONSULTANT shall comply with and be subject to the provisions of F.S. 448.095. 19.22 FEMA Requirements. (These provisions apply to FEMA grant programs) Access to Records: Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. 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. DHS Seal, Logo and Flags: Consultant shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Consultant shall include this provision in any subcontracts. Changes to Contract: The Consultant understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change 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 4639 No Obligation_ by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other parry 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. 19.23 NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. Section 20. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Contract 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. Section 21. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Contract 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. Section 22. Legal Obligations and Responsibilities -Non-Delegation of Constitutional or Statutory Duties. This Contract 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 Contract 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. Section 23. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. 4640 Section 24. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract to enforce or attempt to enforce any third-parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. Section 25. Governing Law,Venue, Interpretation, Costs and Fees. This Contract 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 Contract, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Agreement shall be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the County; the construction and interpretation of this Agreement and all laws, regulations, or instruments relating to, in connection with, or arising out of this Agreement, shall be construed in favor of the BOCC and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, in trial, bankruptcy, and on appeal. This Contract shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 26. Attorney's Fees and Costs. The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Contract, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Section 27. Adjudication of Disputes or Disagreements. The COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. Section 28. Cooperation. In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Contract, COUNTY and CONSULTANT agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. COUNTY and CONSULTANT specifically agree that no parry to this Contract shall be required to enter into any arbitration 4641 proceedings related to this Contract. Section 29. Severability. If any term, covenant, condition or provision of this Contract(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 Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract 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 Contract would prevent the accomplishment of the original intent of this Contract. The COUNTY and CONSULTANT agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 30. Attestations and Truth in Negotiation. The CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Contract. Section 31. Authorized Signatory. The signatory for the CONSULTANT, below, certifies and warrants that: (A)The CONSULTANT'S name in this Agreement is its full name. (B)He or she is authorized to act and contract on behalf of CONSULTANT. Section 32. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary and corporate action, as required by law. Section 33. Entire Agreement. This Agreement constitutes the entire Agreement between the County and the CONSULTANT for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this Agreement. Section 34. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the COUNTY and CONSULTANT and subcontractors and their respective legal representatives, successors, and assigns. Section 35. Section Headings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. 4642 Section 36. Execution in Counterparts.This Contract 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 Contract by signing any such counterpart. s Whereof,the parties have executed this Co�ntract as indicated below. o D OK,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA L ....................................... uty Clerk Holly Merrill Raschein, Mayor Pro Tern WITNESS a. a Consultant Name. By: Print Name: Print Name- Maidi A. Othman ........................... .......... Av X 2 Title: Executive Vice Pre silent 7l .......... C— rn I OECO ATTOnNEY C= CD i arriv:JN L0 APB RO TOFORM Pr IL CD X ....................... PETER MORRIS rn ASSISTANT COUNTY ATTORNEY' C-) Z7 C 0 U N T Y CIF 6/6/23 Date: — ?"2, CD Cz IT; /A go Subscribed and sworn to(or affirmed)before me, by means of 0 phy' sical presence or �slorifiric notarization,tin (C (name of af flant) 11y,3Lk--n—o—wWn't owffiiley�or has "ro,d u ced (t y p e of la Efi 1 iri 6 a'o on)'i, i Mi Ea f i on ,�;OjO CA-`N,.� ;EIEN E.=FOERSTIER H 3 nm 11 Commisbbn 0 HH 317811 NOTARY PUBLIC 9 27 ExpiF9sJvnuwy2%2Q27 My Commission Expires: 4643 Exhibit A. SCOPE OF WORK: BOCA CHICA MOORING FIELD Task 1 —Permitting-level surveys/ mapping Note: permitting-level hydrographic surveys for the proposed Boca Chica mooring field site have been completed and will be provided to the selected respondent(s). a. Conduct a benthic resource survey of the location east of Stock Island as indicated in Figure 1 ("Project Area") in accordance with permitting guidelines of State and Federal agencies with jurisdiction on the project. Deliverables: Benthic resource survey in PDF, GIS and Auto CAD formats for future use by the County. b. Conduct a marine debris and derelict vessel survey of the Project Area for use as potential mitigation information for State and Federal agencies with jurisdiction on the proj ect. Deliverables: Marine debris and derelict vessel survey in PDF and GIS formats for future use by the County. Task 2 —Engineering/Design Work Note: permitting-level mooring field drawings for this site have been completed and will be provided to the selected respondent(s). a. Prepare conceptual layout of shoreside and upland support facilities located at currently undeveloped waterfront County property including: parking, restrooms, shower facilities, dockmaster office, dinghy dockage, and pumpout vessel dockage. Deliverables: Conceptual layout drawings ofshoreside and upland support facilities with sufficient detail for mooring field permitting in PDF, CAD, and GIS formats for future use by the County. b. Prepare probable opinion of construction cost estimate for mooring field support facilities. Deliverables: Construction cost estimate for upland support facilities. Task 3 —Mooring field management plan Note: A draft MFMP for this site has been completed and will be provided to the selected respondent(s). Prepare a Mooring Field Management Plan (MFMP) for submission to DEP. The MFMP will include all information required by DEP. The consultant will submit a draft MFMP to the County for review and comment prior to submission to DEP. Deliverables: Mooring field management plan. 4644 Task 4—Environmental Permitting a. Schedule and conduct pre-application meetings with agencies with jurisdiction including: Florida Department of Environmental Protection (DEP), Florida Fish and Wildlife Division of Law Enforcement Boating and Waterways Section (FWC), Florida Keys National Marine Sanctuary (FKNMS), United States Army Corps of Engineers (USAGE) and United States Coast Guard (USCG). Determine if additional permitting-level surveys/mapping will be required. Deliverables: Summary memo of each pre-application meeting including any agency comments. b. Update permit drawings as necessary following pre-application meetings. Deliverables: Updated permit drawings as necessary. c. Prepare and submit environmental permit applications to DEP, USACE and FKNMS. Deliverables: Copy of submitted permit applications in PDF format. d. Prepare and submit Sovereignty Submerged Land lease (SSL) request to DEP Division of State Lands. Deliverables: Copy ofsubmitted SSL application in PDFformat. e. Prepare and submit Uniform Waterway Marker Application to FWC and Private Aids to Navigation Application to US Coast Guard. Deliverables: Copy of submitted permit applications in PDF format. f. Conduct Request for Additional Information (RAI) cycle and expedite permitting process on behalf of the County. Deliverables: Timely response by consultant to agency RAI. 4645 Exhibit B. SCOPE OF WORK: MAN OF WAR HARBOR MOORING FIELD Task 1 —Permitting-level surveys/ mapping a. Conduct a hydrographic survey of the two locations east and west of Wisteria Island indicated in Figure 2 ("Project Area") in accordance with permitting guidelines of State and Federal agencies with jurisdiction on the project. Deliverables: Survey drawing signed and sealed by a Florida Professional Surveyor and Mapper in PDF, GIS and AutoCAD formats for future use by the County. b. Conduct a benthic resource survey of the Project Area in accordance with permitting guidelines of State and Federal agencies with jurisdiction on the project. Deliverables: Benthic resource survey in PDF, GIS and Auto CAD formats for future use by the County. c. Conduct a marine debris and derelict vessel survey of the Project Area for use as potential mitigation information for State and Federal agencies with jurisdiction on the proj ect. Deliverables: Marine debris and derelict vessel survey in PDF and GIS formats for future use by the County. d. Complete submerged lands lease (SSL) drawings for Project Area as required by the DEP Division of State Lands. Deliverables: SSL permit drawings in PDF, GIS and Auto CAD formats for future use by the County. Task 2 —Engineering/Design Work a. Prepare a layout of a 100-vessel mooring field based on programming provided by County, vessels currently anchored in the Project Area and field data collected in Task 1. Optimize mooring field layout to maximize vessel mooring density with swing circles, fairways, and access areas from navigable waterways. Prepare concepts for various combinations of vessels within the constraints of vessel draft and length. Design shall include survey information, mooring field layouts, slip mixes,proposed submerged lands area, mooring anchor coordinates, boundary marker anchor coordinates/limits and mooring field approach(ingress/egress) channels and markers. Consult with County to determine final layout of mooring field. Deliverables: Mooring field drawings in PDF, CAD, and GIS formats for future use by the County. 4646 b. Utilizing the final layout of the mooring field (Task 2a), calculate the geometry for individual mooring systems, including the helical anchor, down-line, sub-surface buoy, mooring buoys and pennant will be designed accordingly. Anchoring calculations will be completed, evaluating the process loads based on vessel size, wind, water depths and currents. Deliverables (to be signed/sealed as applicable): Mooring system design drawings in PDF and CAD formats (as applicable). Task 3 —Mooring field management plan Prepare a MFMP for submission to DEP. The MFMP will include all information required by DEP. The MFMP will include coordination with the City of Key West for the use of their shoreside and upland facilities including (but not limited to): dinghy dockage,pumpout vessel dockage,pumpout facility, trash receptacles/recycling, etc. The consultant will submit a draft MFMP to the County for review and comment prior to submission to DEP. Deliverables: Mooring field management plan. Task 4—Environmental Permitting a. Schedule and conduct pre-application meetings with agencies with jurisdiction including: DEP, FWC, FKNMS, USACE and USCG. Deliverables: Summary memo of each pre-application meeting including any agency comments. b. Update permit drawings as necessary following pre-application meetings. Deliverables: Updated permit drawings as necessary. c. Prepare and submit environmental permit applications to DEP, USACE and FKNMS. Deliverables: Copy of submitted permit applications in PDF format. d. Prepare and submit SSL request to DEP Division of State Lands. Deliverables: Copy ofsubmitted SSL application in PDFformat. e. Prepare and submit Uniform Waterway Marker Application to FWC and Private Aids to Navigation Application to US Coast Guard. Deliverables: Copy of submitted permit applications in PDF format. f. Conduct Request for Additional Information (RAI) cycle and expedite permitting process on behalf of the County. Deliverables: Timely response by consultant to agency RAI. 4647 RESPONSE FORM RESPOND TO MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(S) N/A I have included: 1. Response Form ✓ 2, Lobbying and Conflict of Interest Clause 1 Non-Collusion Affidavit V 4 Drug Free Workplace Form 5. Public Entity Crime Statement ✓ 6, Monroe County occupational license and relevant V County occupational licenses are required to be obtained within,ten days of award of the contract 7. Indemnification and Hold Harmless forms ✓ 8. Vendor Certification Regarding Scrutinized Companies V 9. Anti-Lobbying Form (if applicable) W have included a current copy of the following professional and occupational licenses: The Firm and the Project Team,including Subconsultants If the applicant is not an individual (sole proprietor), please supply the following information: APPLICANT ORGANIZATION: Geosyntec Consultants, Inc. (Registered business name must appear exactly as it appears on www,sunbiz.oLg). Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by Entity Name"screen from S,unbiz, and a copy of the most recent annual report filed with the Florida Department of State, Division of Corporations. Mailing Address: 900 Broken Sound Parkway NW, Suite 200, Boca Raton, FL 33,487 Telephone: 561 -995.0900 Fax: Date 03.27.2023 (Signature) Date: 0'3.27.2023 STATE OF: Florida COUNTY OF: Palm Beach County Subscribed and, sworn to (or affirmed) before me, by means of El physical presence or @14 online notarization, on March 27, 2023' (date) 50 4648 byW. Samuel Phlegar (name of affjant(Hel or has produced (type of identification) as identification. A CATHLEEN E.FOERSTER Commission#HH 317811 E ' Janua!ry29,2027-XPVIS NOTARY PUBLIC My Commission Expires: 51 4649 LOBBYING AND CONFLICT F INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Geos,yntec Consultants, Inc. (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price,or otherwise recover, the full amount of any fee,commission,percentage, gift, or consideration paid to the former County officer or employee," (Signature) Date: March 27, 2023 STATE OF: Florida COUNTY OF: Palm Beach Subscribed and sworn to (or affirmed) before me, by means of F physical presence or K online notarization, on March 27, 2023 (d P1 byW. Samuel Phlegar -(name of affiant He/She is personally known to me or has produced I identification. (type of identificatiotio n) ass iden n CATHLEEN E,FOERSTER ommiWo C iWo # n#HH 317811 ✓ Expires January29,2W7027 NOTARY PUBLIC My Commission Expires: 52 4650 NON-COLLUSION AFFIDAVIT 1, W,Samuel Phlegar of the city of Boca Raton according to law on my oath, and under penalty of perjury, depose and say that a. I am Vice President of the firm of Geosplec Consultants,Inc. the bidder making the Proposal for the project described in the Request for Proposals for Monroe County and that I executed the said proposal with full authority to do so; b. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. 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; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the state me is contained in this affidavit in awarding contracts for said project. (Signature) Date: March 27,2023 STATE OF: Florida COUNTY OF: Palm Beach County Subscribed and sworn to(or affirmed) before me, by means of 0 physical presence or P online .­= e notarization, on March 27,2023 7EEE e by W,Samuel Phlegar (name of affiant). He/She is personally known to me r has produced (cation) as identificati n. 77. E�F ER ER THLEEN= CATHLEEN E,FOERSTER Commission 3 11 mmission#HH 317811 Expires January a,2027 NOTARY PUBLIC My Commission Expires: 53 4651 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that', Geo,syntec Consultants, Inc. (Name of Business) 1'. Pubiish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenclere to, any violation of Chapter 893 (Fiorida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted, 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complie fully with the above requirements, (Signature) Date: March 27, 2023 STATE OF: Florida COUNTY OF: PWm Beach County Subscribed and sworn to,(or affirmed) before me, by means of 0 physical presence or 11 online notarization, on March 27,2023 by W. Samuel Phlegar (name of aff iant . He/She is personally known to me r has produced tpe n. NOTARY PUBLIC VATS L LEEN E,FOERSTER My Commission Expires: m Commission#HH 317811 expires January 29,2027 54 4652 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on, the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 11 have read the above and state that neither Geosyntec Consultants, Inc, (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: March 27, 2023 STATE OF: Florida COUNTY OF: Palmi Beach Subscribed and sworn to(or affirmed)before me, by means of El physical presence or N online notarization, on March 27, 2023 —(date by W. Samuel Phlegar (name of affiant)(THe/She is personally known to me r (�E has produced (type of identifica ion ion, i V tu CATHLEEN E.FOERSTER / NOTARY PUBLIC commission#HH 3178i1 Expires January 29�2027 My Commission Expires: 55 4653 VENDOR CE,11TIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):MOGring Field .... ........................................... —---------------- Respondent Vendor Name: Geosyntec Consultants,Inc. .......... ................................................ Vendor FEIN: 59-2355134 .............. Vendor's Authorized Representative Nance and'ritie: W.Samuel Phlegar,Vice President Address:_900 Broken Sound Parkway NW,Sulle 200 . ............... ............... City:_Boca Raton State: Florida Zip: 33487 .... ...................................... - ——-—--------------------------------.......... Phone Number: 561-995,-0900 --,-—--------- Email Address: splilegar@geosyntec,com ............................... ------............ Section 287.135, Florida Statutes prohibits a company front bidding on,submitting a proposal ror,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, 01, 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, 1.1orida 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 ofIsract 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,ifthe company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: W.Samuel Phlegar who is authorized to sign on behalf of the above references C�nl, "n Authorized Signature:_ Print Narne:W,Samuel Phl.q.. .......................—----- J'itle:Vice President ................................... ........... Note:The List are available at the following Department ofManagement Services Site: littp://www.dtiis-iiiyflorida.cotii/btisiiit,ss 2p igiops/state o Lire hasi n g/ve ndor information/convicted suslaendecl dis criminatoi con plaints Vendor lists .........vendor. 56 4654 APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal 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 a;ln 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 $100,000 for each such failure. Geosyntec Consultants, Inc, The Contractor, " certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap., 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any, Signature of Contractor's Authorized Official W. Samuel Phlegar, Vice President 031271123, Name and Title of Contractor's Authorized Official Date 57 4655 DISC ITSS COhaVUTZ THIS F=TO DECLOSE L05BYD;0,kCrrVrMSPtMSV,4N'r T 32 V S.C'.U511 L. ype,of Fedtral Actiou- 21, Status of Fed#ril Action. 3. Relplort T)i-pt: a,cotlract L-j a,biAlaffevapplication =a in�ual b. graw b. initial award V wtaial cbawe L. LLMP99,X1AVV&_We*UM9 c. past-ad d, I= For Material Change Only, e, 10=guarawee )'ear— q'danff f lom inswame date of Wit xelwrt 4. Name and Address of Reparting Entity S. If Repwiing Entity i,n No.4 is Subamardet, Enter Nam,and AdArvis of Prize: Prime Submardee Tier if known Coagressional District,if kw%m Congressional Dktrict if kmowm 6. Federal,Depart meetAgory: 7- Federal Pragam NanwDesczipfion: CID A Number,,if aplicabbt 8, Federal Action Number,if know 9. Award Ammunt.,if kilmm: 10, a. Name azdAddress of La:bby Entity b_ Indixiannals Perforzadug Servkes (inchOW (.11 imlvi&jal,last manse,first name,,MI), addTeis if differer,1 from No.10A) (7asz natme"first w UA-,MD Not Applicable- No Lobbyhmg ,Acdvides &)y G�cosyntec Consultants (amach CoEiiwianion Sheecf,$)if necessmy) 11. Amount of P"ent(check all dug apply) 13. Type of Psymeat(cb*ck all that appbr) acaaal F-1 Platmed � & retainer F-1 b. ant-drae,Re 12. Form of Payment(Aeck all,that xppl�)-. c' commission F-1 a cash & cac tin Mt fm El b, im-kmt syeci+r: aimm, e defemsd value f other,specify 14- Brief Description of'' er°1 es Performed or to bo performed audl)ate(s)of Service,includimg office#),eseplay*s),"member(s)contarted,for Payment Indicated in Rem 11: (attach Coutinuation Sheet(i),if aecessary,l 15. Comfismatiom-Sheet(s)attached- Yes F-1 No El 16. lafwuutiva rKpostad duoPAO,thm firm n wm&arlmd by Tide 31 U'S.C.s4cdw 1352 rv4is=a wai,pt&vadby tko dar abovo whaalii,&tramaxivim wu mad&w antand izoo, Tk,a diwto%wo i%roqnimd Print Name W.S1111111el Phlegal- punumt to 32 U,&C 1351 TbA inimmg6mxill bo mpaud to Cougais%amumiaUy wid%-W bo rmilabbi,Exx Vice President FublirinApactim i a ma fsas 1m 1m&Ala ma mmw air aad Title: &Ldosura,&hAU bo tmbjtzt to a chit piamby afzat Loi�t= SEQ,M=dmot=%thm SID0,W0 for vad=1 E&E-wo. Telephone No.: 561-995-0900 Date: 3/27/23, Authorized for Local Rgproductim Federal 17se Ouji Siandard Form-LLB, 2-61r, PARTZ(COUNTY 4656 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBUYING ACTIVITIES I'll is disclosure ibrul shall IN Cornpleted by the reporting entity,whediersubawarrice or prime:Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. 'fire fij I ing ofa form is required for Such I)aylllCnt Or agreement to make payment to lobbying entity for influencing or attempting to influence at) officer or cinployce orany agency,it Member of Congress an officer or employee of Congress or all employee ofa Member of Congress iiiconniectioii with act)vcrcd Federal action, Attacliaca)iitiiivatioiislicell'oj,additional information if the space on the form is inadequatc. Complete all items that apply for both the initial riling and material change report. Refer to the implementing guidaiice published by the Otliecof Management acid Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the Outcome ofa covered Federal action 2, Identify the status offiro covered Federal ami(Mr 3. Identify the appropriate classification of this report. If'this is a follow-up report caused by a material change to the information previOLISiy reported, enter the year and quarter in which the change occurred. Enter tile date of'tile last, previously Submitted report by this reporting entity for this covered Federal action. 4. Enter the full narne,address,city,state and zip code of the reporting entity, Include Congressional District if'known. Check the appropriate classification ofille reporting entity that designates ifit is or expects to be a prime or subaward recipient, Identify the tier of the subawardee,e.g,,the first SUbawardec ofthe prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards Under grants. 5. If the organization filing the refrort in ftern 4 checks"Subawardee"their enter the full name,address,city,state and zip code of the prurre Federal recipient. Include Congressional District,if'known, 6. Enter tile name ofthe Federal agency making the award or loan commitment. Include at least one organization level below agency naive,if'known For example,Department ol"fransportation,United States Coast Guard. 7. Enter the rederal program name or description for the covered Fcdcral action(item 1). If known„enter the full Catalog of Federal Domestic Assistance(CFDA)number fore grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal idcntifying number available for the Federal action identification at item I(e,g,, RcqucstR)r Proposal(R FP)number,Invitation for[lid(IF13)number,grant announcement number,tile contract grant.or loan award number„ the appiicattionfproposal cont:rof ncnaaber assigned by the Federal agency), Include prefixes„c,g,, 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount ofthe award/loan commitments for the prime crilily identified in item 4 or 5, 113. (a)Inter tile full naive,address,city,,,rate and zip code of the lobbying c nt ity engaged by the reporting entity identified i it item 4 to influenced the covered Federal action, (b)Enter the fe I I names,of the i nd iv idual(s)performing sery ices and include fill I address if different from 10(a). Entcr Last Name,First Narric and Middle Initial(MI), 11. Enter the arnount ofcompetisar ion paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity (iternIO), Indicate whether the payment has Nenniadc(actual)or will be made(planned), Check all boxes that apply. If this is a material change report,enter the cumulative amount offlayment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. 117paynient is made through an in-kind contribution,spccify the nature and value ofthe:in-kind payment. 13. Check the appropriate box. Check all boxes that,apply. lfoIllcr,spcciIynaturc. 14. Provide a specific and detailed description oftheservices that the lobbyist has performed or will be expected to perform and the datc(s)of tray services rendered. Include all preparatory and related aClrVry not just IilllCspent in actual contact witirFecleral officials. Identify tliel,'cdcra[officer(s)oi-einplf-)ycc(s,)c(tailactedor the o�fl-icer(s)eiiiplt)yec(s)oi-Mcinber(s) ofCongressthat were contacted, 15. Check whether or not a continuation shect(s)is attached. 16, The certifying official shall sign and date the ffirm,print his/her name title and telephone number. public reporting burden for this col lection or inframation is estimated to average 30 minutes per response,including time for reviewing instruction,scarching existing data Sources,gathering and maintaining the data needed,and completing and reviewing the collection of intbrinarion Send comments regarding the burden estimate or any other aspect of this collection ofintbrination, including suggestions for reducing this burden,to the Office of Management and Budget,paperwork Reduction Project (0348-0046),Washington,1).(,' 20503, 9F-1,11-InStrUCtions Rev.06-04- 90((ENl)IF>7 2-6d PART 2/COUNTY 59 4657 SECTION FOUR: INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The CONSULTANT covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses,, damages,, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the CONSULTANT or any of its Subcontractors)in any tier,occasioned by negligence, errors,or other wrongful act of omission of the CONSULTANT or its Subcontractors in any tier, their employees, or agents. In the event the completion of the,project(to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT :shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is,in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. (Signature) Date: March 27, 2023 STATE OF: Florida COUNTY OF: Palm Beach, Subscribed and sworn to(or affirmed)before me, by means of 0 physical presence or 9 online notarization, on March 27, 2023 date by W. Samuel Phlegar (name of affiant��.;`/She is personally known to m or has produced Avoe of i�dentifica .LML; n. (date at iant He She is pc n to me f e of identIfIca �n connission#HH 3178`11 CATHLEEN E.FOERSTER Expires january29,2027 N&ARY PU130C My Commission Expires: The Proposer shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15)days after award of contract, with Monroe County BOCC and the municipalities listed as additional insureds as indicated. If the proper insurance forms are not received within the fifteen (15) day 60 4658 period, the contract may be awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the State offlorida and having an agent for service of process in the State of I"lorida. Companies shall have an A.M. Best rating of V1 or better, the required insurance shall be maintained at all times while Proposer is providing service to County. Insurance Requirement Required Limits General Liability $300,00�0 Combined Single Limit Vehicle Liability 0 $200,000 per person N $300,000 per occurrence 0 $200,000 property damage Professional Liability 0 $300,000 per occurrence 0 $500,000 aggregate Watercraft Liability $500,000 per occurrence Worker's Compensation 0 $100,000 Bodily Injury by Accident 0 $500,000 Bodily Injury by Disease, policy limits, 0 $100,000 Bodily Injury by Disease, each employee Jones Act: Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated with Longshoremen's Insurance), the CONSULTANIT'S Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A, subsection 688) with limits not less than $1 million. The CONSULTANT shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all policies issued to satisfy the above requirements, The CONSULTANT shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions, specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. 61 4659 76/6/2023 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carly Samuel Greyling Ins. Brokerage/EPIC PHONE FAX 3780 Mansell Road, Suite 370 A/C No Ext: 770.670.5324 A/C,No):770.670.5324 E-MAlpharetta GA 30022 ADDRESS: greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: RLI Insurance Company 13056 INSURED GEOSCON INSURER B: Geosyntec Consultants, Inc. dba Applied Technology and Mgmt, Inc.; 900 Broken Sound Pkwy N INSURERC: Boca Raton, FL 33487-0000 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:249132487 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Protection and Indemnity HUL0200263 4/1/2023 4/1/2024 Limit(CSL) 1,000,000 Hull Limit 125,881 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Boca Chica Mooring Field. 6 . 6 . 23 _ N _ CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Marathon Government Center 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Marathon FL 33050 ,. @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4660 76/2/2023 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carly Samuel Greyling Ins. Brokerage/EPIC PHONE FAX 3780 Mansell Road, Suite 370 A/C No Ext: 770.670.5324 A/C,No):770.670.5324 E-MAlpharetta GA 30022 ADDRESS: greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: National Union Fire Ins Co of Pittsburg 19445 INSURED GEOSCON INSURERB: Everest National Insurance Company 10120 Geosyntec Consultants, Inc. dba Applied INSURERC:Allied World Assurance Co(U.S.)Inc. 19489 Technology and Mgmt, Inc.; 900 Broken Sound Pkwy N Boca Raton, FL 33487-0000 INSURERD: New Hampshire Insurance Company 23841 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1156324676 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY GL5268179 4/1/2023 4/1/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY� PRO- � LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489673(AOS) 4/1/2023 4/1/2024 COMBINED SINGLE LIMIT $2,000,000 A Ea accident X ANY AUTO CA4489674(MA) 4/1/2023 4/1/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR XC3EX00336231 4/1/2023 4/1/2024 EACH OCCURRENCE $2,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$1 n nnn $ D WORKERS COMPENSATION WC015893709(AOS) 4/1/2023 4/1/2024 X PER OTH- A AND EMPLOYERS'LIABILITY STATUTE ER YIN WC015893710(CA) 4/1/2023 4/1/2024 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? FN] 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 Professional Liability(PL)/ 03122723 4/1/2023 4/1/2024 Each Act 2,000,000 Contractors Pollution Liab(CPL) Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Boca Chica Mooring Field. Monroe County Board of County Commissioners are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation&professional liability where required by written contract.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days'written notice(except 10 days for nonpayment of premium)to the Certificate Holder.The Jones Act applies in regards to workers compensation. ,T CERTIFICATE HOLDER CANCELLATION 6 . 5 . 23 m SHOULD ANY OF THE THE EXPIRATION DAIL IntKLUr, NUllct WILL bt: UCLIVCKCU IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Marathon Government Center 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Marathon FL 33050 ,. @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4661 POLICY NUMBER: 448-96-73 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co- verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GEOSYNTEC CONSULTANTS, INC. SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED PER WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule of Section II - Covered Autos Liability Coverage in is an "insured" for Covered Autos Liability Cover- the Business Auto and Motor Carrier Coverage age, but only to the extent that person or organ- Forms and Paragraph D.2. of Section I - Covered ization qualifies as an "insured" under the Who Is Autos Coverages of the Auto Dealers Coverage An Insured provision contained in Paragraph A.1. Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 4662 POLICY NUMBER: 526-81 -79 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ 4663 A. Section II — Who Is An Insured is amended to maintenance or repairs) to be performed by include as an additional insured the person(s) or or on behalf of the additional insured(s) at organization(s) shown in the Schedule, but only the location of the covered operations has with respect to liability for "bodily injury", been completed; or "property damage" or "personal and advertising 2. That portion of "your work" out of which injury" caused, in whole or in part, by: the injury or damage arises has been put to 1. Your acts or omissions; or its intended use by any person or 2. The acts or omissions of those acting on organization other than another contractor or your behalf; subcontractor engaged in performing in the performance of your ongoing operations operations for a principal as a part of the for the additional insured(s) at the location(s) same project. designated above. C. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III — Limits Of Insurance: 1. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most by law; and we will pay on behalf of the additional insured 2. If coverage provided to the additional is the amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable limits of that which you are required by the contract insurance; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the B. With respect to the insurance afforded to these applicable limits of insurance. additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 4664 POLICY NUMBER: 526-81 -79 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or B. With respect to the insurance afforded to organization(s) shown in the Schedule, but only these additional insureds, the following is with respect to liability for "bodily injury" or added to Section III — Limits Of Insurance: "property damage" caused, in whole or in part, If coverage provided to the additional insured is by "your work" at the location designated and required by a contract or agreement, the most described in the Schedule of this endorsement we will pay on behalf of the additional insured performed for that additional insured and is the amount of insurance: included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional insured only applies to the extent permitted whichever is less. by law; and This endorsement shall not increase the 2. If coverage provided to the additional applicable limits of insurance. insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Pagel of 1 4665 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 3/21/2024 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Greyling COI Specialist Greyling Ins. Brokerage/EPIC PHONE FAX 3780 Mansell Road, Suite 370 A/C No Ext: 770.756.6599 A/C,No):770.756.6599 E-MAlpharetta GA 30022 ADDRESS: greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: National Union Fire Ins Co of Pittsburg 19445 INSURED INSURERB: Everest National Insurance Company 10120 Geosyntec Consultants, Inc. dba Applied INSURERC:Allied World Assurance Co(U.S.)Inc. 19489 Technology and Mgmt, Inc.; 900 Broken Sound Pkwy N Boca Raton, FL 33487-0000 INSURERD: New Hampshire Insurance Company 23841 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1982098610 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY GL5268179 4/1/2024 4/1/2025 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $500,000 � X T MED EXP(Any one person) $25,000 APP7!- 8. ., PERSONAL&ADV INJURY $2,000,000 !r GEN'L AGGREGATE LIMIT APPLIES PER: "'!A9 25 2 w/attachments GENERAL AGGREGATE $4,000,000 POLICY PRO- � LOC WAW - ,,. - PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489673 4/1/2024 4/1/2025 COMBINED SINGLE LIMIT $2,000,000 A CA4489674(MA) 4/1/2024 4/1/2025 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR XC3EX00336241 4/1/2024 4/1/2025 EACH OCCURRENCE $2,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ D WORKERS COMPENSATION WC015893709(AOS) 4/1/2024 4/1/2025 X PER OTH- A AND EMPLOYERS'LIABILITY STATUTE ER YIN WC015893710(CA) 4/1/2024 4/1/2025 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,000,000 OFFICE R/M EMBER EXCLUDED? FN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 C Professional Liability(PL)/ 03122723 4/1/2024 4/1/2025 Each Act $2,000,000 Contractors Pollution Liab(CPL) Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Boca Chica Mooring Field. Monroe County Board of County Commissioners are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation&professional liability where required by written contract.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days'written notice(except 10 days for nonpayment of premium)to the Certificate Holder.The Jones Act applies in regards to workers compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Marathon Government Center 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Marathon FL 33050 "9 A"o, @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4666 POLICY NUMBER: 448-96-73 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co- verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GEOSYNTEC CONSULTANTS, INC. SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED PER WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule of Section II - Covered Autos Liability Coverage in is an "insured" for Covered Autos Liability Cover- the Business Auto and Motor Carrier Coverage age, but only to the extent that person or organ- Forms and Paragraph D.2. of Section I - Covered ization qualifies as an "insured" under the Who Is Autos Coverages of the Auto Dealers Coverage An Insured provision contained in Paragraph A.1. Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 4667 POLICY NUMBER: 526-81 -79 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ 4668 A. Section II — Who Is An Insured is amended to maintenance or repairs) to be performed by include as an additional insured the person(s) or or on behalf of the additional insured(s) at organization(s) shown in the Schedule, but only the location of the covered operations has with respect to liability for "bodily injury", been completed; or "property damage" or "personal and advertising 2. That portion of "your work" out of which injury" caused, in whole or in part, by: the injury or damage arises has been put to 1. Your acts or omissions; or its intended use by any person or 2. The acts or omissions of those acting on organization other than another contractor or your behalf; subcontractor engaged in performing in the performance of your ongoing operations operations for a principal as a part of the for the additional insured(s) at the location(s) same project. designated above. C. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III — Limits Of Insurance: 1. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most by law; and we will pay on behalf of the additional insured 2. If coverage provided to the additional is the amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable limits of that which you are required by the contract insurance; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the B. With respect to the insurance afforded to these applicable limits of insurance. additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 4669 POLICY NUMBER: 526-81 -79 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or B. With respect to the insurance afforded to organization(s) shown in the Schedule, but only these additional insureds, the following is with respect to liability for "bodily injury" or added to Section III — Limits Of Insurance: "property damage" caused, in whole or in part, If coverage provided to the additional insured is by "your work" at the location designated and required by a contract or agreement, the most described in the Schedule of this endorsement we will pay on behalf of the additional insured performed for that additional insured and is the amount of insurance: included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional insured only applies to the extent permitted whichever is less. by law; and This endorsement shall not increase the 2. If coverage provided to the additional applicable limits of insurance. insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Pagel of 1 4670 AMENDMENT TO CONTRACT BETWEEN GEOSYNTEC CONSULTANTS,INC. dba APPLIED TECHNOLOGY AND MANAGEMENT AND MONROE COUNTY,FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 16th day of October 2024 between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY") and GEOSYNTEC CONSULTANTS, INC. dba APPLIED TECHNOLOGY AND MANAGEMENT ("CONSULTANT"). WITNESSETH: WHEREAS, on June 21, 2023, the parties entered into a Contract for consulting services for mooring field design and permitting services in Monroe County; and WHEREAS,the undersigned parties desire to enter into this Amendment extending said Contract; and WHEREAS, amendment of said Contract is deemed in the best interest of the health, safety, and welfare of the citizens of Monroe County and the general public; NOW,THEREFORE,IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: 1. Section 5.2 of the June 21,2023 agreement is hereby amended to read: FROM: Compensation.The maximum compensation available to CONSULTANT under this Agreement is based on the tasks detailed in the Scope of Services. The COUNTY agrees to pay CONSULTANT based on completion of work within the Scope of Services according to the deliverables detailed in the Scope of Services. Compensation shall be paid by specific assignment/engagement completed which both falls under authorized Task 1 through Task 4 on Exhibit"A"and Task 1 through Task 4 on Exhibit"B"and is/are deemed satisfactory by the Contract Manager.Any additional services included in Task 1 through Task 4 on Exhibit"A"and Task 1 through Task 4 on Exhibit`B"must be authorized by the Board of County Commissioners.The total not-to-exceed cost for providing the services contained in Task 1 through Task 4 on Exhibit"A"is$179,000.00 and Task 1 through Task 4 on Exhibit"B"is$219,000.00. TO: Compensation. The maximum compensation available to CONSULTANT under this Agreement is based on the tasks detailed in the Scope of Services.The COUNTY agrees to pay CONSULTANT based on completion of work within the Scope of Services according to the deliverables detailed in the Scope of Services. Compensation shall be paid by specific assignment/engagement completed which both falls under authorized Task 1 through Task 4 on Exhibit"A"and Task 1 through Task 9 on Exhibit`B"and is/are deemed satisfactory by the Contract Manager.Any additional services included in Task 1 through Task 9 on Exhibit"A"and Task 1 through Task 4 on Exhibit`B"must be authorized by the Board of County Commissioners.The total not-to-exceed cost for providing the services contained in Task 1 through Task 9 on Exhibit"A"is$277,000.00 and Task 1 through Task 4 on Exhibit"B"is$219,000.00. 2. Exhibit A of the June 21,2023 agreement is hereby amended to add the following Tasks: 4671 Task 5—Shoreside seawall and dock engineering/design work-$32,500 Design and prepare construction documents for addition of new rock revetment or replacement of an existing seawall located at 6633 Maloney Avenue, Stock Island.Design and prepare construction documents for shoreside facility dock for mooring field 6633 Maloney Avenue. Conduct site visit to assess the current state of the seawall. Develop design criteria based on site-specific conditions and regulatory requirements. Coordinate with upland designer to ensure appropriate transition zone. Deliverables: Construction documents (drawings and specifications) in PDF and CAD formats for future use by the County. Task 6—Environmental Permitting- Shoreside Facilities(DEP Application)—$14,000 Prepare and submit environmental permit applications to DEP for either repair of the existing seawall or construction of a new rock revetment and construction of a dinghy dock as designed under Exhibit A, Task 5. The application will also include canal maintenance dredging and debris removal adjacent to the seawall or revetment to meet navigation depth requirements per Monroe County Land Development Code. This work will be completed at the proposed shoreside facility for the mooring field at 6633 Maloney Avenue,Stock Island. Deliverable: Copy of submitted permit applications in PDF format. Task 7—Environmental Permitting- Shoreside Facilities(Response to DEP)-$24,000 Coordinate with DEP after permit application and respond to any requests for additional information(RAI).Any RAIs that require additional studies will be scoped and priced later, as necessary. Deliverable: Timely response by consultant to DEP RAls, Task 8—Environmental Permitting- Shoreside Facilities(USACE application)-$9,500 Prepare and submit environmental permit applications to USACE for either repair of the existing seawall or construction of a new rock revetment and construction of a dinghy dock as designed under Exhibit A, Task 5. The application will also include canal maintenance dredging and debris removal adjacent to the seawall or revetment to meet navigation depth requirements per Monroe County Land Development Code. This work will be completed at the proposed shoreside facility for the mooring field at 6633 Maloney Avenue, Stock Island. Deliverable: Copy of submitted permit applications in PDF format. Task 9—Environmental Permitting- Shoreside Facilities(Response to USACE)-$18,000 Coordinate with USACE after permit application and respond to any requests for additional information(RAI). Any RAIs that require additional studies will be scoped and priced later, as necessary. Deliverable: Timely response by consultant to USACE RAIs. 4672 3. All of the other terms,covenants, conditions, and provisions of said original Contract,except those expressly modified and rendered inconsistent by this Amendment,remain in full force and effect and binding upon the parties. 4. Each party agrees that they have authority to execute this Amendment on behalf of each party and represents and warrants that such person has the full right and authority to fully bind such party to the terms and obligations of this Amendment. 5. This Amendment is binding on the successors and assigns of the parties. IN WITNESS WHEREOF,the parties have executed this Contract as indicated below. (SEAL) KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA As Deputy Clerk _ Holly Merrill Raschein mMayor .....••._ 'WITNES MS• Consultant Name. t a,• 1 T Print Name: AINJ W F .U. Print Nance 4 " - 2. - �* Title: °✓L�S'i d.v4 MONROE COUNTY ATTORNEY RM Print Name: 1�T aw ar me STATE OF 'f ~ COUNTY OF �� � y��means of' I physical presence or❑online r affirmed)before me b notarization,ii n,onsw sworn to(o o p� (date) b t l .... (name of affiant). He/She is personally known to met or has produced _ (type of identification)as identification. w Z .� e o �" ,� NOTARY PUBLIC — . 76� My Commission Expires: Q �"O, „••; ,�on� ���4v40 00 COUP "Jim4' 4673 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 3/21/2024 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Greyling COI Specialist Greyling Ins. Brokerage/EPIC PHONE FAX 3780 Mansell Road, Suite 370 A/C No Ext: 770.756.6599 A/C,No):770.756.6599 E-MAlpharetta GA 30022 ADDRESS: greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: RLI Insurance Company 13056 INSURED INSURER B Geosyntec Consultants, Inc. dba Applied Technology and Mgmt, Inc.; 900 Broken Sound Pkwy N INSURERC: Boca Raton, FL 33487-0000 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2132204015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ (CEO,at AUTOMOBILE LIABILITY BINED INGLE LIMIT $ Ik S ANY AUTO Y BODILY INJURY(Per person) $ OWNED SCHEDULED "�r ' ' rv--�^^"' BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS Sy HIRED NON-OWNED 9 25 24 PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY I. �,„�,,.,�„,,,..,,,,�..,�,_._:.---- Per accident UMBRELLALIAB OCCUR r- EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Protection and Indemnity HUL0200263 4/1/2024 4/1/2025 Limit(CSL) 1,000,000 Hull Limit 129,081 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Boca Chica Mooring Field. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Marathon Government Center 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Marathon FL 33050 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4674