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Home My WebLink AboutItem R6 R6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: R6 2023-4019 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Ana Walter AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance implementing the assessment of a two-dollar($2.00) fee as additional court cost authorized by F.S. 938.15, retroactive to July 2, 2001, to fund criminal justice education degree programs and training courses. ITEM BACKGROUND: In 2009, the Board enacted ordinance 001-2009 that re-codified the Monroe County, Florida Code. The recodification inadvertently did not include Ordinance No. 025-1987 and Ordinance No. 022-2004 or reference to Administrative Order 10.007/01-1 that directed the Clerk of Court and Comptroller to apply a $2.00 assessment to court costs for criminal justice education. Current case law holds that to be operative, Section 938.15, Florida Statute,providing for a $2.00 assessment for criminal justice education, must be enacted via local government ordinance. Enacting this ordinance retroactively would ratify past charges and continue to allow a $2.00 assessment to court costs for criminal justice education. PREVIOUS RELEVANT BOCC ACTION: On July 21, 1987,the Board of County Commissioners of Monroe County (the "Board") adopted Ordinance No. 025-1987 enacting its authority under F.S. 938.15 (formerly F.S. 943.25). On July 14, 2004, the Board adopted Ordinance No. 022-2004 updating Ordinance No. 025-1987 to reference the State's renumbered and relocated F.S. 938.15 (formerly under F.S. 943.25). In 2009, the Board enacted ordinance 001-2009 that re-codified the Monroe County, Florida Code. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 4904 Draft—Ordinance—re938.15 final.pdf Business Impact Estimate 2-429.docx NOI-Two Dollar Fee re F.S. 938.15.docx FINANCIAL IMPACT: None. 4905 ORDINANCE NO. -2025 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REVISING THE MONROE COUNTY CODE OF ORDINANCES TO ENACT AN ORDINANCE IMPLEMENTING THE ASSESSMENT OF THE TWO DOLLAR ($2.00) FEE AUTHORIZED BY F.S. 938.15 RETROACTIVE TO JLTLY 2, 2001, AND RATIFYING ALL ACTIONS TAKEN BY MONROE COUNTY SINCE JLTLY 2, 2001; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the County is authorized to assess additional court costs pursuant to F.S. 938.15 (formerly under F.S. 943.25); WHEREAS, on July 21, 1987, the Board of County Commissioners of Monroe County (the"Board") adopted Ordinance No. 025-1987 enacting its authority under F.S. 938.15 (formerly under F.S. 943.25); WHEREAS, on July 2, 2001, then Chief Judge Payne entered Administrative Order 10.007/01-1, which states in pertinent part: "WHEREAS, Section 938.15, Florida Statutes 1997, provides that counties and municipalities may assess an additional $2.00 for criminal justice education and training, including basic training expenditures for their respective law enforcement and correctional officers,part-time law enforcement officers,auxiliary officers,and support personnel, provided that such educational degree programs are approved by the Police Training and Standards Commission; and WHEREAS,the 16'h Judicial Circuit in and for Monroe County, Florida, find it in the best interest of the County to utilize the $2.00 court cost assessed pursuant to Section 938.15, Florida Statutes, NOW THEREFORE, IT IS HEREBY ORDERED that all courts in Monroe County created by Article V of the State Constitution shall, in addition to any fine or other penalty, assess $2.00 as a court costs against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance, and any person whose adjudication was withheld pursuant to the provisions of Section 318.14(9) and(10), Florida Statutes, shall also be assessed such costs. The $2.00 court cost shall be assessed against all civil penalties for violation of state statute,municipal or county ordinance.However,no such assessment shall be made 1 4912 against any person convicted of violation of any statute, municipal or county ordinance related to the parking of vehicles." WHEREAS, on July 14, 2004, the Board adopted Ordinance No. 022-2004 updating Ordinance No. 025-1987 to reference the State's renumbered and relocated F.S. 938.15 (formerly under F.S. 943.25). WHEREAS, in 2009, the Board enacted ordinance 001-2009 that re-codified the Monroe County, Florida Code and which took effect as of March 1, 2009; and WHEREAS, Section 2 of Ordinance 001-2009 repealed "all ordinances of a general and permanent nature enacted on or before October 17, 2007, and not included in the Code . . . "; and WHEREAS, Ordinance No. 025-1987 and Ordinance No. 022-2004 were not listed in the Monroe County, Florida Code adopted by virtue of Ordinance 001-2009; and WHEREAS, current case law holds that to be operative, Section 938.15, Florida Statute, providing for a $2.00 assessment for criminal justice education, must be enacted via local government ordinance. See Waller v. State, 911 So.2d 226 (Fla. 2d DCA 2005); see also Brown v. State, App. 348 So.3d 31 (Fla. I"DCA 2022), rehearing denied. WHEREAS, the Clerk of Court and Comptroller has continuously operated under the understanding that the Board had enacted F.S. 938.15 by local ordinance; and WHEREAS, any repeal of Ordinance No. 025-1987 and Ordinance No. 022-2004 caused by Ordinance 001-2009 was done through inadvertence and not with any intent to remove the County's enactment of F.S. 938.15; and WHEREAS, the Board specifically intends to adopt an ordinance authorizing the assessment of the two-dollar ($2.00) fee authorized by F.S. 938.15 and Administrative Order 10.007/01-1 retroactive to July 2,2001,to the maximum extentpermitted under law and in support of that intent the Board specifically finds that this ordinance does not create new obligations, impose new penalties, or impair vested rights since the obligations imposed on the County by Ordinance No. 025-1987 and Ordinance No. 022-2004; and WHEREAS,the Board intends to ratify all acts taken by the Clerk under the provisions of Ordinance No. 025-1987 and Ordinance No. 022-2004 from July 2, 2001, until the date of enactment of this ordinance; and WHEREAS, the Board intends to adopt and ratify the terms of Administrative Order 10.007/01-1 into this ordinance retroactive to the date it was adopted on July 2, 2001. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 2 4913 Section 1. LEGISLATIVE FINDINGS. The clauses set forth above are incorporated herein as findings of fact of the Board. Section 2. Section 10-28 of the Monroe County Code of Ordinances is hereby created to read as follows: All Courts in Monroe County created by Article V of the Florida Constitution shall, in addition to any fine or other penalty imposed, assess $2.00 as a court cost against every person convicted for violations of a state penal or criminal statute or conviction for violation of a municipal or county ordinance, and any person whose adjudication was withheld pursuant to F.S. 318.14(9)and(1), shall also be assessed such costs. The $2.00 court cost shall be assessed against all civil penalties for violation of state statute, municipal or county ordinance. However, no such assessment shall be made against any person convicted for violations of a statute, municipal or county ordinance relating to the parking of vehicles. Section 3. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in Chapter 10 of the Monroe County, Florida Code, as an addition or amendment thereto, or otherwise appropriately renumbered to conform to the uniform numbering system of the Monroe County, Florida Code. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in F.S. 125.66 but be effective retroactively to July 2, 2001. Section 5. PRIOR ACTS RATIFIED. The Board ratifies all acts taken by the Clerk of Court and Comptroller under the provisions of Ordinance No. 025-1987 and Ordinance No. 022-2004 from July 2, 2001, until the date of enactment of this ordinance. Section 6. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person,property or circumstances. Section 7. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21"day of May 2025. Mayor James K. Scholl Mayor Pro Tem, Michelle Lincoln Commissioner Craig Cates Commissioner David Rice Commissioner Holly Raschein 3 4914 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Approved as to form and legal sufficiency for reliance only by the Monroe County B.O.C.C. Robert B. Shillinger, Monroe County Attorney 4 4915 �,*�_t4'w BUSINESS IMPACT ESTIMATE' Meeting Date: 5/21/25 Proposed Ordinance Title/Reference:A Public Hearing to consider adoption of an Ordinance implementing the assessment of the two-dollar($2.00)fee as additional court cost authorized by F.S. 938.15,retroactive to July 2,2001. The Proposed Ordinance® does ❑ does not fall under one of the followinu enumerated exceptions:! ❑x The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement;or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046,Florida Statutes,regarding community development districts; c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code. Summary of Proposed Ordinance and Statement of Public Purpose to be Served: In 2009, the Board enacted ordinance 001-2009 that re-codified the Monroe County, Florida Code. The recodification inadvertently did not include Ordinance No. 025-1987 and Ordinance No. 022-2004 or reference to Administrative Order 10.007/01-1 that directed the Clerk of Court and Comptroller to apply a$2.00 assessment to court costs for criminal justice education.Current case law holds that to be operative,Section 93 8.15,Florida Statute,providing for a$2.00 assessment for criminal justice education,must be enacted via local government ordinance. Enacting this ordinance retroactively would ratify past charges and continue to allow a $2.00 assessment to court costs for criminal justice education. Estimate of Direct Economic Impact on Private/For Profit Businesses: a. Estimate of Direct Business Compliance Costs: None. b. New Charges/Fees on Businesses Impacted: No new changes/fees will be imposed by this ordinance. C. Estimate of Regulatory Costs: No regulatory costs will be imposed by this ordinance. Good Faith Estimate of Number of Businesses Likely Impacted: Businesses are not likely to be impacted by this ordinance. Any Additional Information: Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published. 2 F.S.125.66(3)(c)(2023) 4910 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 21,2025,at 9:00 A.M. or as soon thereafter as the matter may be heard,at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider adopting the following ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REVISING THE MONROE COUNTY CODE OF ORDINANCES TO ENACT AN ORDINANCE IMPLEMENTING THE ASSESSMENT OF THE TWO DOLLAR ($2.00) FEE AUTHORIZED BY F.S. 938.15 RETROACTIVE TO JULY 2, 2001, AND RATIFYING ALL ACTIONS TAKEN BY MONROE COUNTY SINCE JULY 2, 2001; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinance may be inspected by the public at the Monroe County website by viewing the agenda packet for the May 21, 2025, meeting, which will be posted beginning on May 16, 2025 at: 0t:;;0..(c0u;r;tytl xclx; Y� cx � t The ordinance may also be viewed at the Monroe County Attorney's office at 1111 12th St. Ste. 408 Key West, FL 33040. The public can participate in the May 21,2025,meeting of the Board of County Commissioners of Monroe County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at j!j,.:,//u,�1, ,��„ar°o�",t;,,ol,�„ ,; ;,,a°, ,ll,1„ ,a`, u 1J„ „ J , „ „ „a, , ,1; ,• ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292- 4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meeting; if you are hearing or voice-impaired, call "711': Live Closed-Captioning is available via our web portal @ ( ti: y, for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida, this loth day of May, 2025. (SEAL) KEVIN MADOK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication Dates: Keys Citizen: Sat., 05/10/2025 Keys Weekly: Thur., 05/15/2025 News Barometer: Fri., 05/16/2025 4911 ORDINANCE NO. -2025 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REVISING THE MONROE COUNTY CODE OF ORDINANCES TO ENACT AN ORDINANCE IMPLEMENTING THE ASSESSMENT OF THE TWO DOLLAR ($2.00) FEE AUTHORIZED BY F.S. 938.15 RETROACTIVE TO JLTLY 2, 2001, AND RATIFYING ALL ACTIONS TAKEN BY MONROE COUNTY SINCE JLTLY 2, 2001; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the County is authorized to assess additional court costs pursuant to F.S. 938.15 (formerly under F.S. 943.25); WHEREAS, on July 21, 1987, the Board of County Commissioners of Monroe County (the"Board") adopted Ordinance No. 025-1987 enacting its authority under F.S. 938.15 (formerly under F.S. 943.25); WHEREAS, on July 2, 2001, then Chief Judge Payne entered Administrative Order 10.007/01-1, which states in pertinent part: "WHEREAS, Section 938.15, Florida Statutes 1997, provides that counties and municipalities may assess an additional $2.00 for criminal justice education and training, including basic training expenditures for their respective law enforcement and correctional officers,part-time law enforcement officers,auxiliary officers,and support personnel, provided that such educational degree programs are approved by the Police Training and Standards Commission; and WHEREAS,the 16'h Judicial Circuit in and for Monroe County, Florida, find it in the best interest of the County to utilize the $2.00 court cost assessed pursuant to Section 938.15, Florida Statutes, NOW THEREFORE, IT IS HEREBY ORDERED that all courts in Monroe County created by Article V of the State Constitution shall, in addition to any fine or other penalty, assess $2.00 as a court costs against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance, and any person whose adjudication was withheld pursuant to the provisions of Section 318.14(9) and(10), Florida Statutes, shall also be assessed such costs. The $2.00 court cost shall be assessed against all civil penalties for violation of state statute,municipal or county ordinance.However,no such assessment shall be made 1 4912 against any person convicted of violation of any statute, municipal or county ordinance related to the parking of vehicles." WHEREAS, on July 14, 2004, the Board adopted Ordinance No. 022-2004 updating Ordinance No. 025-1987 to reference the State's renumbered and relocated F.S. 938.15 (formerly under F.S. 943.25). WHEREAS, in 2009, the Board enacted ordinance 001-2009 that re-codified the Monroe County, Florida Code and which took effect as of March 1, 2009; and WHEREAS, Section 2 of Ordinance 001-2009 repealed "all ordinances of a general and permanent nature enacted on or before October 17, 2007, and not included in the Code . . . "; and WHEREAS, Ordinance No. 025-1987 and Ordinance No. 022-2004 were not listed in the Monroe County, Florida Code adopted by virtue of Ordinance 001-2009; and WHEREAS, current case law holds that to be operative, Section 938.15, Florida Statute, providing for a $2.00 assessment for criminal justice education, must be enacted via local government ordinance. See Waller v. State, 911 So.2d 226 (Fla. 2d DCA 2005); see also Brown v. State, App. 348 So.3d 31 (Fla. I"DCA 2022), rehearing denied. WHEREAS, the Clerk of Court and Comptroller has continuously operated under the understanding that the Board had enacted F.S. 938.15 by local ordinance; and WHEREAS, any repeal of Ordinance No. 025-1987 and Ordinance No. 022-2004 caused by Ordinance 001-2009 was done through inadvertence and not with any intent to remove the County's enactment of F.S. 938.15; and WHEREAS, the Board specifically intends to adopt an ordinance authorizing the assessment of the two-dollar ($2.00) fee authorized by F.S. 938.15 and Administrative Order 10.007/01-1 retroactive to July 2,2001,to the maximum extentpermitted under law and in support of that intent the Board specifically finds that this ordinance does not create new obligations, impose new penalties, or impair vested rights since the obligations imposed on the County by Ordinance No. 025-1987 and Ordinance No. 022-2004; and WHEREAS,the Board intends to ratify all acts taken by the Clerk under the provisions of Ordinance No. 025-1987 and Ordinance No. 022-2004 from July 2, 2001, until the date of enactment of this ordinance; and WHEREAS, the Board intends to adopt and ratify the terms of Administrative Order 10.007/01-1 into this ordinance retroactive to the date it was adopted on July 2, 2001. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 2 4913 Section 1. LEGISLATIVE FINDINGS. The clauses set forth above are incorporated herein as findings of fact of the Board. Section 2. Section 10-28 of the Monroe County Code of Ordinances is hereby created to read as follows: All Courts in Monroe County created by Article V of the Florida Constitution shall, in addition to any fine or other penalty imposed, assess $2.00 as a court cost against every person convicted for violations of a state penal or criminal statute or conviction for violation of a municipal or county ordinance, and any person whose adjudication was withheld pursuant to F.S. 318.14(9)and(1), shall also be assessed such costs. The $2.00 court cost shall be assessed against all civil penalties for violation of state statute, municipal or county ordinance. However, no such assessment shall be made against any person convicted for violations of a statute, municipal or county ordinance relating to the parking of vehicles. Section 3. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in Chapter 10 of the Monroe County, Florida Code, as an addition or amendment thereto, or otherwise appropriately renumbered to conform to the uniform numbering system of the Monroe County, Florida Code. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in F.S. 125.66 but be effective retroactively to July 2, 2001. Section 5. PRIOR ACTS RATIFIED. The Board ratifies all acts taken by the Clerk of Court and Comptroller under the provisions of Ordinance No. 025-1987 and Ordinance No. 022-2004 from July 2, 2001, until the date of enactment of this ordinance. Section 6. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person,property or circumstances. Section 7. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21"day of May 2025. Mayor James K. Scholl Mayor Pro Tem, Michelle Lincoln Commissioner Craig Cates Commissioner David Rice Commissioner Holly Raschein 3 4914 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Approved as to form and legal sufficiency for reliance only by the Monroe County B.O.C.C. Robert B. Shillinger, Monroe County Attorney 4 4915 Resolution No. - 2025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, OF MONROE COUNTY, FLORIDA, ENDORSING A REQUEST BY THE CITY OF KEY WEST TO THE U.S. NAVYTO CONSIDER GRANTING THE CITY A LONG-TERM SOLE SOURCE LEASE FOR THE VACANT EIGHTEEN ACRE PARCEL OF LAND ON THE WESTERN PORTION OF SIGSBEE PARK ANNEX; AUTHORIZING THE COUNTY ADMINISTRATOR OR DESIGNEE TO WORK WITH NAVY PERSONNEL AND THE FEDERAL DELEGATION TO COORDINATE ON PLANNING, AND DEVELOP POLICIES AND PROCEDURES TO PROVIDE WORKFORCE HOUSING AT SIGSBEE PARK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, over decades the Board of County Commissioners has commissioned studies and passed numerous resolutions, including one in December 2024, with the goal of increasing the availability of affordable and workforce housing in unincorporated Monroe County and its incorporated cities, particularly the City of Key West; and WHEREAS, there are approximately 18 acres of undeveloped land at Sigsbee Park, which was the site of 166 units of former Navy housing that were demolished in May 2021 after being largely uninhabited for 16 years after sustaining significant damage during Hurricane Wilma in 2005; and WHEREAS, the City of Key West approved Resolution #24-253 in October 2024 that requested redevelopment of the western 18 acres of Sigsbee Annex for housing, and approved Resolution #25-013 that requested the U.S. Navy grant a long-term sole source lease to the City of Key West; and WHEREAS, the City of Key West and the U.S. Navy have had a successful history of Public Benefit Leases for the benefit of the community for many years; and WHEREAS, the Board of County Commissioners find that it would be mutually beneficial if additional housing is constructed within Sigsbee Park and made available for rent to military and government civilian personnel within Key West and the Lower Keys; and WHEREAS, the Board of County Commissioners endorses resolutions adopted by the City of Key West, specifically Resolutions 25-013 and 24-253, which encourage the U.S. Navy to use (and now develop) housing at Sigsbee Park for the military and civilian workforce in Key West. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1: The Board of County Commissioners encourages the U.S. Navy and the County's federal legislative delegation work with the City of Key West and the County (as appropriate)to develop an intergovernmental support agreement or Public Benefit Lease that will result in housing for military 4916 and government civilian employees and their families on the vacant western parcel of land at Sigsbee Park in Key West. Section 2: The County Administrator or designee is authorized to work with the U.S. Navy and the federal delegation for Key West to coordinate on planning, and to assist with determining acceptable criteria, policies, and procedures for the construction of additional housing at Sigsbee Park in Key West. Section 3: The County Mayor or designee will continue to pursue this resolution's objectives through the Florida Defense Support Commission and direct engagements with Commander Navy Installations Command, Naval Facilities Engineering Command (NAVFAC), and Naval Air Station Key West. Section 4: This resolution shall go into effect immediately upon its adoption. Section 5: The Clerk is directed to send copies to: Senator Ashley Moody Senator Rick Scott B40B Dirksen Senate Office Building 716 Hart Senate Office Building Washington, D.C. 20510 Washington, D.C. 20510 Rep. Carlos Gimenez 448 Cannon House Office Building Washington, D.C. 20515 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21"day of May 2025. Mayor James K. Scholl Mayor Pro Tem Michelle Lincoln Commissioner Craig Cates Commissioner David Rice Commissioner Holly Merrill Raschein (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor James K. Scholl Approved as to form and legal sufficiency Robert B. Shillinger,Jr., Monroe County Attorney 4917 Docusign Envelope ID: 143872B6-8E8B-4B8B-834F-4B92F17E37E0 ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 4/30/2025 This Performance Agreement("Agreement") is entered into as of by and between the following parties: Client: Performer: 3406 North Roosevelt Boulevard Jobie Jacomine-Puddin'Taine Corporation d/b/a Visit Florida Keys (VFK) 1201 White St#102 2521 Fogarty Ave,Apt 1 Key West, FL 33040 Key West, FL 33040 Client Contact-Joshua Cato, 305.432.7441 504.615.8809 joshua@fla-keys.com puddin@queerkeys.org ENGAGEMENT: The Client hereby engages the Performer to render professional entertainment services in the form of a drag performance,and the Performer hereby agrees to provide such services under the terms and conditions set forth herein. EVENT DETAILS • Event Type/Name:World Pride Parade • Event Date: June 7th, 2025 • Event Location:Washington, DC • Performance Time: 1:OOPM - 5:OOPM COMPENSATION: The total fee for services rendered by the Performer shall be $2,500.00 CANCELLATION POLICY: Should the Performer be unable to fulfill the engagement due to illness, emergency, or force majeure,the Performer shall notify the Client as soon as reasonably possible and will endeavor to assist in securing a suitable replacement. TECHNICAL&LOGISTICAL REQUIREMENTS: The Client agrees to provide, at no cost to the Performer: • Access to food/snacks, drinks,bathrooms and private changing area • A functioning sound system with capabilities to play digital music PROFESSIONAL CONDUCT&SAFETY: The Performer agrees to conduct themselves professionally and respectfully throughout the event. The Client shall ensure a safe and respectful environment free from harassment, discrimination, or abuse. In the event of unsafe or hostile conditions,the Performer reserves the right to terminate the performance. MEDIA&PUBLICITY: The Client(may/may not) record or photograph the performance.Any public use of images,videos,or the Performer's name/stage name must be approved in writing by the Performer. The Performer retains all rights to their likeness,branding, and performance materials. 4918 Docusign Envelope ID: 143872B6-8E8B-4B8B-834F-4B92F17E37E0 INDEPENDENT CONTRACTOR STATUS: The Performer is engaged as an independent contractor and is not an employee, agent, or legal representative of the Client for any purpose.The Performer shall be responsible for all taxes and withholdings,if applicable. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations,discussions,or agreements,whether written or oral.Any amendments to this Agreement must be made in writing and signed by both parties. VFK is a not-for-profit corporation that supports the Monroe County Tourist Development Council and is funded in part by the Monroe County Board of County Commissioners (County). The following provisions are required by law and policy. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Performer shall submit to VFK invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (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. Travel, as approved by VFK, shall be reimbursed to the Performer, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes and in accordance with Monroe County Code Chapter 2, Art. Ill., Div. 3 and Monroe County Travel Policies. The County's indemhification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. Maintenance of Records: Performer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the termination of this Agreement. If an auditor employed by VFK, the County or the Clerk determines that monies paid to Performer pursuant to this Agreement were spent for purposes not authorized by this Agreement, Performer shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Performer. Governing Law,Venue, Interpretation,Costs,and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the Customer and Performer agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-pre prevailing party, and shall include attorney's fees and court costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 4919 Docusign Envelope ID: 143872B6-8E8B-4B8B-834F-4B92F17E37E0 Nondiscrimination: The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order.The Parties 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 on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,as amended(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;8)Title VIII of the Civil Rights Act of 1968(42 USC s.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 maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation,gender identity or expression,familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. Public Records Compliance. Performer must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. VFK and Performer 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 Customer and Performer in conjunction with this contract and related to contract performance. The Customer shall have the right to unilaterally cancel this contract upon violation of this provision by Performer. Failure of Performer to abide by the terms of this provision shall be deemed a material breach of this contract and the Customer 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. Performer is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the Customer and Performer in this Agreement and the acquisition of any commercial liability insurance coverage,self- insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage. Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and VFK and the Performer agree that neither the Customer nor the Performer or any agent,officer,or employee of either shall have the authority to inform,counsel,or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 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 VFK in his or her individual capacity, and no member, officer, agent or 4920 Docusign Envelope ID: 143872B6-8E8B-4B8B-834F-4B92F17E37E0 employee of VFK shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. E-Verify System - In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Sccurity's F.-Verify system to verify the work authorization status of all new employees hired by the Performer 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 Honicland Sccuritv's a -Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Performer shall comply with and be subject to the provisions of F.S. 448.095 Non-Collusion Affidavit-Performer by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Performer, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so;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; 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 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; the statements contained in this affidavit are true and correct, and made with full knowledge that VFK and Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Indemnification and Hold Harmless- The Performer covenants and agrees to indemnify and hold harmless VFK, the Monroe County Tourist Development Council, Monroe County and Monroe County Board of County Commissioners, its officers and employees from third party liabilities, damages, losses and reasonable costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR,subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract.The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or early termination of the Agreement. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first written above: Signedby: X " - E3EAA6. 9790ED646F... Diane Schmidt Jobie Jacomine Chairperson Puddin' Taine 4921 RESOLUTION NO. - 2025 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REGARDING COUNTY ADMINISTRATION; APPOINTING CORY SCHWISOW AS THE INTERIM EMERGENCY MANAGEMENT DIRECTOR EFFECTIVE 5 P.M. ON MAY 30, 2025; VESTING HIM WITH FULL AUTHORITY TO ACT PURSUANT TO THE AUTHORITY SET FORTH UNDER F.S.252.38, SECTIONS II- 1 THROUGH 11-5 OF THE MONROE COUNTY CODE OF ORDINANCE, AND ALL OTHER RELEVANT LAWS, REGULATIONS, AND POLICIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, F.S. 252.38(1)(b)1 requires each County to have an Emergency Management Director; and WHEREAS, F.S. 252.38 vests a county's emergency management director with a number of responsibilities and authorities; and WHEREAS, Monroe County Emergency Management Director Shannon Davis Weiner has submitted her resignation effective 5 p.m. on May 30, 2025; and WHEREAS, Cory Schwisow has been working as the County's Deputy Emergency Management Director for approximately two years; and WHEREAS, F.S. 252.38(1)(b)4 requires that the County Commission promptly notify the Florida Division of Emergency Management of the appointment of a director and other personnel; and WHEREAS, Sections 11-1 through 11-5 of the County Code vests the Emergency Management Director with certain responsibilities including but not limited to issuing directives having the effect of law as well as purchasing authority of up to $1 million without requiring additional approvals during a declared emergency; and WHEREAS, the Board finds it in the best interests of the County to name Cory Schwisow as its Interim Emergency Management Director and to vest Mr. Schwisow with all of the authority and responsibility that accompanies a county emergency management director; and WHEREAS, the Board of County Commissioners wishes to provide for a delegation of authority in order to ensure that Mr. Schwisow has the necessary powers and authorities to serve in the capacity of Interim Emergency Management Director; and 4922 WHEREAS,F.S.252.38 and Sections 11-3 and 11-4 of the County Code list the power and duties that may be exercised by the County's emergency management director; and WHEREAS, the Board of County Commissioners wishes to ensure that all powers and authorities that would be accorded to the county emergency management director through Chapter 252, Florida Statutes, the Monroe County Code, and other Monroe County policies and procedures, are made equally available to Cory Schwisow in his capacity as the Interim Emergency Management Director, through an express delegation of authority; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,AS FOLLOWS: SECTION 1. FINDINGS. The findings contained in the recitals set forth above are true and correct. SECTION 2. APPOINTMENT OF DEPUTY EMERGENCY MANAGEMENT DIRECTOR. Cory Schwisow is hereby appointed as the Interim Emergency Management Director for Monroe County, effective at 5:00 p.m. on Friday May 30,2025, and shall continue until the effective date of appointment of a replacement County Emergency Management Director by resolution of the Board or similar action. SECTION 3. AUTHORITY OF INTERIM COUNTY EMERGENCY MANAGEMENT DIRECTOR. A. Legal Authority. The Interim Emergency Management Director shall have the authority to carry out all functions, powers and duties assigned to the position of County Emergency Management Director in state law, the Code, and other applicable regulations,Executive Orders,and all resolutions,policies and procedures of the County. All delegations of responsibility and authority to the Emergency Management Director made by the Board apply equally to the Interim Emergency Management Director during the term of his appointment unless expressly modified or rescinded by the Board. B. Administration: The Interim Emergency Management Director shall carry out all functions otherwise assigned to the County Administrator under the Act and the Code necessary to serve as the administrative head of the County. Authorities delegated to the Acting County Administrator in order to accomplish this purpose include signatory authority for all contracts legally approved and entered into by the County pursuant to the Act, the Code, general laws of the State of Florida, and the County's Purchasing Policy. SECTION 4. NOTIFICATION TO FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT. The Clerk is directed to transmit a copy of this resolution to Kevin Guthrie, Executive Director of the Florida Division of Emergency Management, Kevin.Guthriekem.myflorida.com; 4923 S E C T 10 N S. SEVERABILITY. If any section, sentence, clause or provision of this Resolution is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed to render invalid or unconstitutional the remaining sections, sentences, clauses or provisions of this Resolution. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 21 st of May 2025. Mayor James K. Scholl Mayor Pro Tem Michelle Lincoln Commissioner Craig Cates Commissioner David Rice Commissioner Holly Merrill Raschein (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor James K. Scholl Approved as to form and legal sufficiency Robert B. Shillinger, Monroe County Attorney 4924 AMENDMENT NO. 1 TO SUBAWARD NO: 2.1 BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES This Amendment to Subaward No: 2.1 (Agreement) is made by and between the Monroe County Board of County Commissioners, 500 Whitehead Street, Key West, Florida 33040 and the University of South Florida Board of Trustees 4202 E., Fowler Avenue, Tampa, FL 33620 on the date last signed below. WHEREAS,the County entered into the Agreement with the Subawardee for Monroe County Coral Resilience Project effective June 25, 2024; WHEREAS,the parties wish to amend the Agreement as set forth herein; NOW THEREFORE,the parties agree as follows: 1) Page 2 FDP Cost Reimbursement Subaward, is hereby revised to reflect a Subaward Budget Period of 6/25/24 to 9/30/26. 2)All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Monroe County Board of County Commissioners University of South Florida Board of Trustees By: By: Mayor James K. Scholl Director, Sponsored Research Date: Date: 04/14/25 Monroe County Clerk of Courts MONROE COUNTY ATTORNEY By: APPROVED AS TO FORM As Deputy Clerk CHRISTWE LIMEERT•9ARROWS SR.AS ISTANDATE T. /@{/ TORNEY Date: 1 Subaward No.: 2.1 Amendment No.: 1 Rev.3/6/25 4925 FDP Cost Reimbursement Subaward °°' 1°'°'" Federal Awarding Agency: Other[Type in Agency] Florida Department of Environmental Protection Pass-Through Entity(PTE): Subrecipient: [Monroe County Board of County Commissioners University of South Florida Board of Trustees PTE PI:IAndrew Roltsch Sub PI: Cynthia Lewis PTE Federal Award No: SLFRP0125 Subaward No: 2.1 Project Title: Infrastructure Construction, Equipment Installation, and Build-Out of New DEP Seawater System at KML Subaward B r' Start: 06/25/24 ? End:�09/30/2026 ? mount Funded This Action(USD):$ ss9,283.0o Estimated E Start: 0 /gr 7 nce. m m Incrementally Estimated Total(USD): $ 559,283.00 7 01/2024 End: 06/30/2026 Terms and Conditions 1. PTE hereby awards a cost reimbursable subaward, (as determined by 2 CFR 200.331),to Subrecipient.The Statement of Work and budget for this Subaward are as shown in Attachment 5. In its performance of Subaward work, Subrecipient shall be an independent entity and not an employee or agent of PTE. 2. Subrecipient shall submit invoices not more often than monthly and not less frequently than quarterly for allowable costs incurred. Upon the receipt of proper invoices, the PTE agrees to process payments in accordance with this Subaward and 2 CFR 200.305.All invoices shall be submitted using Subrecipient's standard invoice, but at a minimum shall include current and cumulative costs(including cost sharing), breakdown by major cost category, Subaward number, and certification, as required in 2 CFR 200.415(a).Invoices that do not reference PTE Subaward number shall be returned to Subrecipient. Invoices and questions concerning invoice receipt or payments shall be directed to the party's Administrative J Contact, shown in Attachment 3A. 3. na state gnJ gl cuglulAtive costs incurred, including cost sharing, marked"FINAL"must be submitted to PTE's ,intact, as shown in Attachment 3A, not later than 60 days after the final Budget Period end date. The final statement of costs shall constitute Subrecipient's final financial report. 4. All payments shall be considered provisional and are subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. 5. Matters concerning the technical performance of this Subaward shall be directed to the appropriate party's Principal Investigator as shown in Attachments 3A and 3B.Technical reports are required as shown in Attachment 4. 6. Matters concerning the request or negotiation of any changes in the terms conditions or amounts cited in this Subaward, and an than es requiring rior approval, shall be directed to the PTE's Authorized Official Contact and the Subrecipient's Authorized Official =Contact shown in Attachments 3A and 3B.Any such change made to this Subaward requires the written approval of each parry's Authorized Official as shown in Attachments 3A and 3B. 7. The PTE may issue non-substantive changes to the Budget Period(s)and Budget Unilaterally Unilateral modification shall be considered valid 14 days after receipt unless otherwise indicated by Subrecipient when sent to Subrecipient's[Authorized Official Contact,as shown in Attachment 3B. 8. Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees,officers, or directors,to the extent allowed by law. 9. Either party may terminate this Subaward with 30 days written notice. Notwithstanding, if the Awarding Agency terminates the Eg�Rral,&Wr , ETE VjJJ IRrminate in accordance with Awarding Agency requ ire men s PTE notice shall be directed to the Authorized Official I Contact, and Subrecipient notice shall be directed to the Authorized Official Contact as phown in Attachments 3A and 3B.PTE shall pay Subrecipient for termination costs as allowable under Uniform Guidance, 2 CFR 200, or 45 CFR Part 75 Appendix IX, as applicable 10. By signing this Subaward, including the attachments hereto which are hereby incorporated by reference, Subrecipient certifies that it will perform the Statement of Work in accordance with the terms and conditions of this Subaward and the applicable terms of the Federal Award, including the appropriate Research Terms and Conditions("RTCs")of the Federal Awarding Agency,as referenced in Attachment 2.The parties further agree that they intend this subaward to comply with all applicable laws, regulations, and requirements. .........................................................................................................................................................................................................................................................................................................................................................................................._ By an Authorized Official of the PTE: By an Authorized Official of the Subrecipient: �`' DigrtallysignedbyStephanieRios tActi�ng pSDate:2024 06 2416:29 01 04 00'6.25.2024 Ste anle Rio. ......Nalson Date Name: Stephanie Rios DateTitlCounty Administrator Title: Director of Sponsored Research MONR.OEiCE;bwUMYA'E"Il'E;b01,NEEY Akw .... ®� �°bao D 4926 MRuSIroiraE UMBER y°il°•¢�a�iE¢Ra�WS FDP DEC ASMS'1'4:1mIr%4N�9 Ar"OR%�EY Subaward Number: Attachment 1 2 Certifications and Assurances Certification Regarding Lobbying (2 CFR 200.450) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement in accordance with 2 CFR 200.450. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"to the PTE. 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 31 U.S.C. 1352.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. Debarment, Suspension, and Other Responsibility Matters (2 CFR 200.214 and 2 CFR 180) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief that neither the Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR 200.213 and 2 CFR 180. Audit and Access to Records Subrecipient certifies that it will provide PTE with notice of any adverse findings which impact this Subaward. Subrecipient certifies compliance with applicable provisions of 2 CFR 200.501-200.521. If Subrecipient is not required to have a Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and will provide access to such audits upon request. Subrecipient will provide access to records as required by parts 2 CFR 200.337 and 200.338 as applicable. Program for Enhancement of Contractor Employee Protections (41 U.S.0 4712) Subrecipient is hereby notified that they are required to: inform their employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform their employees in writing of employee whistleblower protections under 41 U.S.0 §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee. The Subrecipient shall require that the language of the certifications above in this Attachment 1 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. Use of Name Neither party shall use the other party's name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party.The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment Pursuant to 2 CFR 200.216, Subrecipient will not obligate or expend funds received under this Subaward 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 described in Public Law 115-232, section 889)as a substantial or essential component of any system, or as a critical technology as part of any system. 4927 Indemnification. To the extent provided by law, Subrecipient shall indemnify, defend, and hold harmless the Monroe County and the State of Florida, Department of Environmental Protection, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s)of Subrecipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Subrecipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by Subrecipient to indemnify Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by Subrecipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement. The Subrecipient shall comply with the indemnification provisions under the DEP Grant Agreement, as set forth in Paragraph 18, Indemnification. Insurance Requirements. At all times during this subagreement Subrecipient, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by Subrecipient shall not be interpreted as limiting Subrecipient's liability and obligations under this subagreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Subrecipient may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance.Subrecipient shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during this subagreement. The minimum limits shall be $200,000 for each person and $300,000 each occurrence. b. Commercial Automobile Insurance. If Subrecipient's duties include the use of a commercial vehicle, Subrecipient shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,0001300,000 Automobile Liability for Company-Owned Vehicles, if applicable$200,000/300,000 Hired and Non-owned Automobile Liability Coverage. C. Workers' Compensation and Employer's Liability Coverage. Subrecipient shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under this subagreement. d. Other Insurance. None. Maintenance of Records. Subrecipient shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR§200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to Subrecipient pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Subrecipient, the Subrecipient 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. 4928 The Subrecipient shall comply with provisions and may be required to submit forms and documentation as required and as outlined in the Grant Agreement and Attachments including but not limited to the provisions as set forth in Attachment 4-Public Records Requirements, Paragraph 22. Statutory Notices Relating to Unauthorized Employment and subcontract, and as set forth below: 1. Public Entity Crime Provisions 2. Discriminatory Vendors Provisions 3. Antitrust Violator Vendors Provisions 4. Scrutinized Companies Provisions a. For Contracts of any amount, if the County determines that the Subrecipient has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Subrecipient 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. b. For Contracts of$1,000,000 or more, if the County determines that the Subrecipient submitted a false certification under Section 287.135(5), Florida Statutes, or if the Subrecipient has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism 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 Subrecipient 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. E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the Subrecipient and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 Ethics Clause. In accordance with Section 5 (b) Monroe County Ordinance No. 010-1990 the following ethics clause; Subrecipient warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 4929 Attachment 2 Subaward Number Federal Award Terms and Conditions 2 Required Data Elements Awarding Agency Institute (If Applicable) The data elements required by Uniform _ U.S.Department of Treasury Guidance are incorporated',in the attached Federal Award. 0 Federal Award Issue Date FAIN Assistance Listing No. 02/04/22 SLFRP0125 This Subaward Is: Assistance Listing Program Title (ALPT) Research &Development ■® Subject to FFATA Key Personnel Per NOA General Terms and Conditions By signing this Subaward, Subrecipient agrees to the following: 1. To abide by the conditions on activities and restrictions on expenditure of federal funds in appropriations acts that are applicable to this Subaward to the extent those restrictions are pertinent. This includes any recent legislation noted on the Federal Awarding Agency's website: 2. 2 CFR 200 3. The Federal Awarding Agency's grants policy guidance, including addenda in effect as of the beginning date of the period of performance or as amended found at: 4. Research Terms and Conditions, including any Federal Awarding Agency's Specific Requirements found at: except for the following a. No-cost extensions require the written approval of the PTE.Any requests for a no-cost extension shall be directed to the Authorized Official I Contact shown in Attachment 3A, not less than 30 days prior to the desired effective date of the requested change:. b. Any payment mechanisms and financial reporting requirements described in the applicable Federal Awarding Agency Terms and Conditions and Agency-Specific Requirements are replaced with Terms and Conditions(1)through (4)of this Subaward; and c. Any prior approvals are to be sought from the PTE and not the Federal Awarding Agency. d. Title to equipment as defined in 2 CFR 200.1 that is purchased or fabricated with research funds or Subrecipient cost sharing funds, as direct costs of the project or program,shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313. e. Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel (defined as listed on the NOA). 5.Treatment of program income: Additive Special Terms and Conditions: Data Sharing and Access: Subrecipient agrees to comply with the Federal Awarding Agency's data sharing and/or access requirements as reflected in the NOA or the Federal Awarding Agency's standard terms and conditions as referenced in General Terms and Conditions 1-4 above. No additional requirements Data Rights: Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Copyrights: Subrecipient Grants to PTE an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reprocuce, matte aeriva ive works,display, and perform publicly any copyrights or copyrighted material (including any computer software and its documentation and/or databases)first developed and delivered under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Subrecipient grants to PTE the right to use any written progress reports and deliverables created under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its Federal Award. Promoting Objectivity in Research (COI): Subrecipient must designate herein which entity's Financial Conflicts of Interest policy(COI)will apply:I Subrecipient U If applying its own COI policy, by execution of this Subaward Subreci lent certifies that its golicy com lies with the re uirements of the relevant Federal Awarding Agency as identified herein: Subrecipient shall report any financial conflict of interest to PTE's Administrative Representative or COI contact, as designated on Attachment 3A. Any financial conflicts of interest identified shall,when applicable, subsequently be reported to Federal Awarding Agency. Such report shall be made before expenditure of funds authorized in this Subaward and within 45 days of any subsequently identified COI. 4930 Work Involving Human or Vertebrate Animals (Select Applicable Options) �■ No Human or Vertebrate Animals This section left intentionally blank. Human Subjects Data(Select One) I Not Applicable This section left intentionally blank This section left intentionally blank Additional Terms 0 Subrecipient will comply with all Terms&Conditions found in attached NOA between Awarding Agency and PTE. 4931 Subaward Number: Attachment 3A Pass-Through Entity(PTE)Contacts PTE Information Entity Name: [Monroe County Board of County Commissioners Legal Address: 1100 Simonton Street, Suite 2-213 Key West, FL 33040 Website: [https://www.monroecounty-fl.gov/ PTE Contacts Central Email: roltsch-andrew@monroecounty-fl.gov Principal Investigator Name: ..Andrew Roltsch Email: I roltsch-andrew@monroecounty-fl.gov Telephone Number: 305-292-4476 Administrative Contact Name: Andrew Roltsch Email: roltsch-andrew@monroecounty-fl.gov Telephone Number: 305-292-4476 COI Contact email (if different to above): Financial Contact Name: Tina Boan Email: Iboan-tina@monroecounty-fl.gov Telephone Number: (305)292-4472 Email invoices?(�)Yes No Invoice email (if different): --------------- Authorized Official Name: Email: Telephone Number: PI Address: 1100 Simonton St. Suite 2-213 Key West, FL 33040 Administrative Address: 1100 Simonton St. Suite 2-213 Key West, FL 33040 Invoice Address: 1100 Simonton St. Suite 2-213 Key West, FL 33040 4932 Attachment 3B Subaward Number: Research Subaward Agreement 12 Subrecipient Contacts Subrecipient Information for r..A. reporting Entity's UEI/DUNS Name University of South Florida EIN No.: 59-3102112 Institution Type: Public/State Controlled Inst. of Higher Ed. Currently registered in SAM.gov: Yes 0 No UEI / DUNS: 069687242 Exempt from reporting executive compensation. Yes 0 No (ifno, complete 3Bpg2) Parent UEI / DUNS: This section for U.S. Entities: Zip Zip Code 4 up Place of Performance Address Congressional District: FL-15 p 33620-9951 4202 E. Fowler Avenue, Tampa, FL 33620 Subrecipient Contacts Central Email: rsch-awards@usf.edu Website: http://www.usf.edu/research-innovation/sr/ Principal Investigator Name: Cynthia Lewis Email: cynthialewis@usf.edu Telephone Number. (350) 664-9101 Administrative Contact Name: Lara Keene Email: keenel@usf.edu Telephone Number: (813) 974-4570 Financial Contact Name: I Karen Edwards Email: RSCH-INVOICING@USF.EDU Telephone Number: (813) 974-5414 Invoice Email: rsch-awards@usf.edu Authorized Official Name: Stephanie Rios, Director Email: rsch-awards@usf.edu Telephone Number: 813-974-2897 Legal Address: University of South Florida 4202 E. Fowler Ave. Tampa, FL 33620 Administrative Address: University of South Florida 3702 Spectrum Blvd., Suite 165 Tampa, FL 33612 Payment Address: University of South Florida USF Business Payments - PS PO BOX 737443 Dallas, TX 75373-7443 4933 FDP 3B.1 JAN 2020 Subaward Number: Attachment 3B-2 E: 2 Highest Compensated Officers Subrecipient: Institution Name: University of South Florida Board of Trustees PI Name: Cynthia Lewis Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA§ 2(b)(1) Internal Revenue Code of 1986. ----------------------- Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: Officer 3 Compensation: Officer 4 Name: Officer 4 Compensation: Officer 5 Name: Officer 5 Compensation: 4934 Subaward Number: Attachment 4 12 Reporting and Prior Approval Terms Subrecipient agrees to submit the following reports (PTE contacts are identified in Attachment 3A): Technical Reports: Monthly technical/progress reports will be submitted to the PTE's Administrative Contact ]within 15 days of of the end of the month. Quarterly technical/progress reports will be submitted within 30 days after the end of each project quarter to the PTE's I Administrative Contact I Annual technical/progress reports will be submitted within_30 days prior to the end of each budget period to the PTE's lAdministrative Contact Such report shall also include a detailed budget for the next Budget Period, updated other support for key personnel,certification of appropriate education in the conduct of human subject research of any new key personnel,and annual IRB or IACUC approval, if applicable. A Final technical/progress report will be submitted to the PTE's Administrative Contact��' within 45 days of the end of the Project Period or after termination of this award, whichever comes first. Technical/progress reports on the project as may be required by PTE'sCAdministrative Contact I in order for the PTE to satisfy its reporting obligations to the Federal Awarding Agency. Prior Approvals: Carryover: [Carryover is automatic Other Reports: ElIn accordance with 37 CFR 401.14, Subrecipient agrees to notify both the Federal Awarding Agency via Edison and PTE's Administrative Contact within 60 days after Subrecipient's inventor discloses invention(s) in writing to Subrecipient's personnel responsible for patent matters. The Subrecipient will submit a final invention report using Federal Awarding Agency specific forms to the PTE's Administrative Contact within 60 days of the end of the Project Period to be included as part of the PTE's final invention report to the Federal Awarding Agency. A negative report is required: Property Inventory Report(only when required by Federal Awarding Agency), specific requirements below. Additional Technical and Reporting Requirements: 0 4935 Subaward Number: Attachment 5 12 Statement of Work, Cost Sharing, Indirects & Budget Statement of Work Below Attached,El pages If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description Budget Information Indirect Information Indirect Cost Rate (IDC)Applied 0 % Cost Sharing 0 No Rate Type: If Yes, include Amount: $ yp Modified Total Direct Costs Budget Details U Below Attached,Elpages Budget Totals Direct Costs $ 559,283.00 Indirect Costs Total Costs $ 559,283.00 Al amounts are in United States Dollars 4936 Subaward Number: 2 = Attachmen=documents Noticerd (NOA)and any^, The followi ng pages include the NOA and if applicable any additional documentation referenced ' throughout this Subaward. Not incorporating the NOA or any additional documentation to this Subaward. 4937 MONROE COUNTY GRANTSUBCONTRACT KEYS MARINE LABORATORY ATTACHMENT 5 SUBCONTRACTOR STATEMENT OF WORK AND REPORTING REQUIREMENTS I. PROJECT TITLE: Infrastructure Construction,Equipment Installation, and Build-Out of New DEP Seawater System: Monroe County Coral Resilience Project II. PROJECT LOCATION(S): Keys Marine Laboratory, 68486 US-1, Layton, FL 33001 City of Layton within Monroe County; Lat/Long (24.825901,-80.814207) III. SCOPE OF WORK The goal of this project is to add land-based capacity for coral(and other associated reef organisms) by providing life support for holding,propagation, and to facilitate a rapid emergency response. This work will be completed by the Keys Marine Laboratory(KML)under this agreement and will include Project Management to design, plan, acquire permits as necessary, coordinate construction, and complete startup of the land-based DEP Coral Response Seawater System (Figure 1). 010 sir Figure 1. Site map of Keys Marine Laboratory and location ofproposed DEP Seawater System. All equipment and assets associated with the construction and buildout of this new system will become the property of the University of South Florida(USF) as host institution for Florida Institute of Oceanography(FIO). The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation, retaining wall installations to stabilize tank farm and drain fields, any necessary concrete 4938 constructions, gravel for final grading and finishing, and shade structure installation. All necessary construction permits will be acquired by KML. KML will act as Project Manager to oversee the planning, coordination, and construction of the expanded seawater system. Supplies, equipment, and other miscellaneous materials will be purchased in order to complete the expansion. All equipment, assets, supplies and other miscellaneous materials purchased for and used in construction,installation or build-out of this system will become the property of the University of South Florida (USF)as host institution for FIO. Contractors, suppliers, and vendors will be utilized for site preparation, electrical planning and installation,retaining wall installation to stabilize tank farm and drain fields, any necessary concrete construction, gravel for final grading and finishing, and shade structure installation. All necessary construction permits will be acquired by KML. KML staff will install life support equipment,tanks,plumbing,and miscellaneous equipment. Seawater table capacity: up to 5,700-gal temperature controlled(up to 20 fiberglass tables, 240- gal or equivalent), 1 Ogpm flow rates for system turnover every 4 hours or 6 times per day. Coral tank farm footprint: Two (2) greenhouse shade structures with 80% shade cloth(total 2,800 sq. ft., 30'x40' and 40'x30'), raised perimeter retaining wall to stabilize gravel over drain fields, concrete pad to support two seawater reservoirs (1700-gal each), one heater/chiller unit(5- ton)to maintain temperature-controlled seawater. Water source: Seawater will be supplied from an existing seawater well and treatment plant which has been in operation for more than ten years. Water quality has been monitored and tested regularly in accordance with Best Available Practices and Association of Zoos and Aquarium (AZA)recommendations. Upon completion of construction,water flow will be established and KML staff will work through the required testing and monitoring to ensure the system is fully functional,water flow can be maintained, and water conditions are suitable to support corals. The process of Commissioning the System will last a minimum of eight (8) weeks and is outlined below. Proper commissioning of the system is an absolute requirement to ensure functionality and suitable conditions can be maintained. Commissioning of the system(steps and data collection):. 1. Daily water quality parameters will be monitored and collected with a YSI handheld sonde (minimum 3 weeks). This will include pH, salinity, 02, and temperature. 2. Weekly water quality parameters will be tested with aquaculture grade water quality testing kits (minimum 3 weeks). This will include ammonia,nitrite, nitrate, phosphates, copper. 3. Three(3)weeks after the system is operational,water samples will be collected at strategic locations within the system (minimum 2 locations) and sent to an independent off-site lab to test for VOCs,phosphates, sulfates, and total nitrogen. 4. Test live corals: Pending results of off-site water quality tests, live test corals will be held in the system for a minimum of two (2) weeks to ensure suitable water conditions have been met. Upon completion of construction,the system will have a unique designation agreed upon by all parties. The new system will include signage with logos including but not limited to DEP,FCR, Monroe County,and KML logos. Design of the signage will be completed by KML and submitted to all partners for review and approval prior to installation. 4939 Although not funded under this agreement, the new system will be prioritized for emergency coral rescue efforts and coral restoration activities. If future support for operations and maintenance is provided by DEP, this system will be reserved for use by DEP. If funded by DEP, use of this system will be approved/authorized in writing by DEP to KML for coral response and restoration within 48- hours of use. Deliverables and Reporting Timeline KML will provide to Monroe County the following deliverables:_ a) Milestone Timeline with estimated period of work for KML seawater system Project construction and completion. b) Seawater System schematic and map of design plan. c) List of all supplies and equipment purchased and a brief description of how those supplies will be used(provided quarterly). d) Copies of all acquired permits for construction and buildout. e) Quarterly Project Management Report documenting the progress of construction and milestones completed to date. Report shall include 1-3 photos documenting the progress of construction. Report may be provided as part of the Exhibit A Progress Report. f) Representative (5-10)photos of DEP SW System once construction is complete that shows the signage and logos detailed above. g) Social media posts with 1-2 photos and 1-3 sentences highlights the buildout/contruction of the new system Post should acknowledge the funding assistance provided by the DEP's Office of Resiliences and Costal Protection and partnership with Monroe County. h) Water quality data during the commissioning of the Seawater System: i. Daily collection of pH,salinity,02,and temperature (minimum of 3 weeks); ii. Weekly collection of ammonia,nitrite,nitrate,phosphates, and copper(min of 3 weeks); iii. One-time collection of water samples at strategic locations within the system(minimum 2 locations)and sent to an independent off-site lab for VOCs,phosphates, sulfates, and total nitrogen; and iv. Summary of observations and applicable in-tank water test results from the final two week `water quality specimen holding test' which ensures water quality parameters remain consistent to reef quality and KML existing system parameters after the introduction of specimens. i) Coordinate final site visit with the DEP. j) Draft report language summarizing the Project completion and operation status and will include water quality results and outcomes of test corals.Note: draft report will be integrated into Final report from Monroe County as part of Task 1.2 under Master Agreement. 4940 Quarter Dates Deliverable(s) Report Due Quarterly Report(e)to include: a)Milestone Timeline b) System Schematic c) Supply&Equipment List(Budget) 1 July— September 2024 d)Copies of all applicable permits 10/30/2024 g) Copies of Social Media post(s) made during the quarter Quarterly Invoice Quarterly Report(e)to include: c) Supply&Equipment List(Budget) d)Copies of all applicable permits 2 October—December 2024 g)Copies of Social Media post(s) 01/30/2025 made during the quarter Quarterly Invoice Quarterly Report(e)to include: c) Supply&Equipment List(Budget) d)Copies of all applicable permits 3 January—March 2025 g)Copies of Social Media post(s) 04/30/2025 made during the quarter Quarterly Invoice Quarterly Report(e)to include: c) Supply&Equipment List(Budget) d)Copies of all applicable permits 4 April—June 2025 g)Copies of Social Media post(s) 07/30/2025 made during the quarter Quarterly Invoice Quarterly Report(e)to include: c) Supply&Equipment List(Budget) d)Copies of all applicable permits 5 July— September 2025 g)Copies of Social Media post(s) 10/30/2025 made during the quarter h)Applicable water monitoring test results Quarterly Invoice 4941 Draft(final)Report 0)to include: c) Supply&Equipment List(Budget) d)Copies of all applicable permits f)Representative Photos of New System upon Completion 6 October—December 2025 g)Copies of Social Media post(s) 01/30/2026 made during the quarter h) Applicable water monitoring test results i)Date or results of site visit Final Invoice 4942 IV. PROJECT BUDGET AND JUSTIFICATION *See attached budget spreadsheet(s) — first budget spreadsheet is USF format, second is DEP format.Both budgets total same amount as justified below** Budget Justification PERSONNEL EXPENSES $277 746 Funds are requested to provide salary support to KML staff for effort dedicated to the infrastructure expansion project as described in this work plan. Salary support for KML staff has been determined using current annual/hourly rate and estimated amount of effort required for timely completion. FRINGE BENEFITS $134 926 Fringe benefits for personnel have been calculated using the USF Fringe Benefit Pool Rate applicable for each employee base on their employment classification. The USF Fringe Benefit Pool Rates are: 32.2% for Faculty, 39.5% for Administrative (Exempt) Staff, 52.7% for Non-Exempt Staff, 6.3% for OPS/Temporary Staff.. CONTRACTUAL SERVICES $101,636 KML will contract out services to complete the retaining wall, concrete pad,electrical systems, gravel, and survey work required for project completion. KML will work with outside vendors such as Arlington Electric, Paver Dave, Keys Contracting Service and Discount Rock & Sand to complete this work. KML has been working with these vendors for years and cost estimates are based on past expenses and current quotes received. Final costs may change due to inflation and/or availability upon contract execution. TRAVEL $0 No funds are requested for travel. EQUIPMENT $12,000 Equipment will include one (1) 5-ton Heater/Chiller Unit(est. $12,000) SUPPLIES $7 450 Funds are requested for the purchase of supplies,including but not limited to PVC fittings,regenerative blowers, sand filter, aquaculture pumps, and stainless-steel screws. OTHER EXPENSES $25 525 Funds are requested for miscellaneous supplies and other expenses to include but not limited to rental of heavy equipment, lumber, reservoir tanks, PVC pipes, UV sterilizers, seawater processing equipment, lab analysis for water quality testing (FIU CACHE Nutrient Lab), and shipping. INDIRECT COSTS $0 As indicated by Sponsor,no indirect costs are allowed on this project. TOTAL PROJECT COSTS $559,283 4943 PI Name Cindy Lewis Project Title 'Infrastructure Expansion at Keys Marine Lab Sponsor/Solicitation Number Monroe County(FL DEP FEDERAL FLOW-THROUGH) Period of Performance 07/01/2024-06/30/2026 No.of Years in Proposal 2 Indirect Cost Rate 0.0% Personnel Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 TOTAL Cindy Lewis 21,000 21,630 0 0 0 0 42,630 Lisa Tipsword 22,598 23,276 0 0'. 0 0 45,874 Emily Becker 30,2S0 31,158 0 0 0 0 61,408 William Ferrell 30,250 31,158 0 0'. 0' 0 61,408 Kyle Phillips 18,550 19,107 0 0 0 0 37,6S7 JR Jones 14,189 14,614.. 0 0'. 0. 0 28,803 0 0 0 0 0 0 0 0 0 0 0' 0 0 0 0 0'' 0 0 0' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0' 0 0 0 0 0 0 0'. 0 0 0 0 0' 01 01 0' 0 0 01 0' 01 0' 0' 0 0 Fringe Benefits 66,4S11 68,442 01 0' 0 0 134,893 Total Salary,wages,and Fringe 203,288 109,384 0 0 0 0 412,672 Equipment 1 12,0001 of 01 01 01 0 12,000 Travel 1.Domestic 0 01 0 0.,. 0.1,. 0 0 2.Foreign 01 011 01 0 0 0 0 Participant Support Costs 01 0 01 0 0 0 0 Other Direct Costs 1.Materials&Supplies 32,97S 0 0 0' 0 0 32,975 2.Publication Costs 0 01 0 0 0 0 0 3.Contractual Services 0 01 0 0' 01 0 0 Arlington Electric 73,150 Paver-Dave(retaining wall) 16,500 Discount Rock&Sand 4,400 Survey-final as built 4,000 Permitting 4%of totalproject) 3 S86 4.Computer Services 1 0 01 0 0 01 0 0 S.Subawards 0 0 0 0 0 0 0 6.Other 0 OI. 0 0', 01 0 0 7.Non F&A Other 01 0 0', 0 0 0 a.tuition(normally'other' 0 0 0 0' 0 0 0 Subtotal,Other Direct Costs 330,611 4,000 0 0 01 0 134,611 Total Direct Costs 345,8991 223,3841 01 61 01 0 5S9,283 TOTAL MTDC 345,8991 213,3841 01 01 01 0 559,283 Indirect Costs F&A 01 0i 01 01 01 0 0 Total Direct&Indirect Costs 1 345,8991 213,3841 01 0' 01 01 S59,283 Residual Funds I I I I I I0 Amount of This Request I 34S,8991 213,3841 01 0' 01 0 S59,283 Cost Sharing 1 01 01 61 0..... 0 0 0 4944 IMul dB IDBpBdment at EnAronRlBBRBR Pratecdo PROJECT TITLE: Coral Propagation and Emergency Coral Response Seawater System Infrastructure Expansion at Keys Marine Laboratory Siihd.nbr,;,eee S arnm11-i-II a DgCLW Rup to 24 tab e IV__ SUBCONTRACTOR BUDGET DETAIL COSTANALYSIS;ryr itl .,,.,fq Budget items below to be provided by the Contractor or Grantee.See attached instructions. Cost Analysis to be completed by the Department Contract or Grant Manager.See attached instructions. COMMENTS 1.PERSONNEL EXPENSES Allocation Allowable Reasonable Necessa (Basis for Decision) A.Salaries-(Name/Title/Position) Hourly Cost($) Hours Totals($) Cynthia Lewis,KML Director(20%effort) 50.48 832 = $41,999 Lisa Tipsword,Operations&Business Analyst(31.47%effort; 34.15 1309 - $44,702 Emily Becker,Seawater Facilities Manager(50%effort) 29 52 2020 $61,402 William Ferrell,Sr.Biological Scientist(50%effort 29.52 2080 = $61,402 Kyle Phllll s,Blolo Ical Scientist(35%effort) 26.34 1456 $38,351 Maintenance Tecin(30%effort) 23.95 1248 = $29,890 Total Salaries $277,746 B.Fringe Benefits(Rate%•Total salaries applicable) Rate% Total Sal.App. Total$ Cynthia Lewis,KNL Director(20%effort) 39.5% $41,999 $16,590 Lisa Tipsword,Operations&Business Analyst(31.47%effort; 39.5% $44,702 $17,657 Emlly Becker,Seawater Facilities Manager(50%effort) 52.7% $61,402 $32,359 William Ferrell,Sr.Biological Scientist(50%effort] 52 7% $61,402 $32,359 Kyle Phillips,Biological Scientist(35%effort) 52.7% $39,351 $20,211 Maintenance Tech(30%effort) 52.7% $29,890 $15,752 Total Fringe $134,926 Total Personnel Expenses(A+B) $412,672 2.Contractual Services Description Fee/Rate$ Quantity Totals$ Arlington Electric South Inc.-Electrical Services- 73150 1 = $73,150 Paver Dave/Keys Contracting retaining wall and concrete pad construction'" 16500 1 $16,500 Dicount Rock and Sand-Gravel delivery and spreading" - 4400 1 = $4,400 Survey-final as bult 4000 1 $4,000 Permitting(4%ofproject) 5 89,650.00 0.04 $3,586 fee/rate based on estimates/invoices for KML SW-pans ions in 2020-23 Total Contractual Services $01,636 .-................................................................................................................1.................. 3.Travel Per Fare/ Purpose/Destination Days Diem$ Rate$ Mileage Totals$ $o Total Travel $o 4.Equipment($5000 or more) Description Unit Cost$ Quantity Totals$ Heater/Chiller Unit(S ton) 12000 1 - $12,000 Total Equipment $12,000 COMMENTS Allowable Reasonable Necessa Basis for Decision 5.Supplies(SEE SUPPLIES EXAMPLE TAB)($1000 or less/fee/rate) Description Fee/Rate$ Quantity Totals PVC Fittin s 1000 1 _ $1,000 Regenerative Blower 600 1 600 Sand Filter 950 1 $950 Aquaculture Pumps 900 5 $4,500 Stainless Screws 400 1 $400 Total Supplies $7,450 I6.Miscellaneous/Other Expenses($1000.$SOOOI Description Unit Cost Quantity Totals$ Seawaterprocessing equipment 5000 1 $5,000 Construction Rental E ui ment-Home De of 5000 1 = $5 000 Tank stand lumber 3000 1 - $3,000 Reservoir Tanks 2000 2 - $4,000 PVC pipes 4000 1 $4,000 UV Sterili2ers 1500 2 3 000 FIU CACHE Nutrient Lab WQSamples 525 1 $525 Shipping 1000 1 $1,000 _................................................................................................................................................. ,. ....................................... Total Miscellaneous 25 525 SUBTOTAL (I thru 6) $559,283 7.Overhead/Indirect,(15%or lower) Rate% Base$ Total$ (Cost base excludes Section 2 and 41 0.00%• $0.00 - $0 8.Total Budget $559,282.90 ai 0,F 1'i lr,l u N I V I'IY,f I I r I C AI 1 hd I certify that the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by Section 216.3475,Florida Statutes.Documentation is on file evidencing the methodology used and the conclusions reached. Name: Signature: Title: Date:, DEP 56-229 4945 Rev.9.03.2020 1 of 1 EXHIBIT A—FEDERAL CONTRACT REQUIREMENTS The Subrecipient and its subcontractors must follow the provisions,as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148).When required by Federal program legislation, which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable,the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation,which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program(it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program),the contractors, in contracts for construction or repair work above$2,000 in situations where the Davis-Bacon also applies,must also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1)Contractor. The Contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. 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 federal agency 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 4946 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. Other Federal Requirements: Americans with Disabilities Act of 1990, as amended(ADA)—The SUBRECIPIENT ENTITY/USF will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the SUBRECIPIENT ENTITY/USF pursuant thereto. 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 SUBRECIPIENT ENTITY/USF agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the SUBRECIPIENT ENTITY/USF 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 SUBRECIPIENT ENTITY/USF,with the funds authorized by this Agreement, seeks to subcontract goods or services,then,in accordance with 2 C.F.R. §200.321,the SUBRECIPIENT ENTITY/USF shall take the following affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let,to take the affirmative steps listed in paragraph (1) through (5) of this section. Energy Efficiency- SUBRECIPIENT ENTITY/USF will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 4947 2018 Edition MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. ContractorNendor: University of South Florida (Keys Marine) Project or Service. Monroe County Coral Restoration Project Grant 22 CPR01 .. ,.».- »»»... ....m� ..m. ContractorNendor University of South Florida Board of Trustees (Keys Marine) Address&Phone#: 4202 E Fowler Avenue, Tampa, FL 33620 General Scope of work: Infrastructure construction, equipment Installation, and build-out of new aEP" eS-water System and opera ion main enance of existing .KML Seawater Stems fgr.Go arnergengy...rospo,n and coral restoration efforts for two years. Reason for Waiver or USF's insurance policy minimum is set at $200,000.00 Modification: o� raC o eCCUrr&66 T e m[6i, lum requ,ire men t in the ..Grant..agre.ement.per__i.s_$25.0.„000....0,0_Requesting ......... -waiver for thee$50;000:OO d ffet-er c,e.- -. Policies Waiver or p Modification will apply to: The scope of work identified in the sub-award agreement between SF ,((Keys IVlanne) and�onroe "" _YYY Co.unty. ........ ._._ .Y YYYYYw_ __ Digitally signedby Stephanie Rios Signature of ContractorNendor. Stephanie Rios D l 202406241 2934 0400 Date 6/24/24 Approved Not Approved PP . .. ....... o.,........ Risk Management Signature: Date: County Administrator appeal: Approved: .,......,. Not Approved. Date_ Board of County Commissioners appeal: Approved Not Approved Meeting Date: _........ Administrative Instruction 7500.7 104 4948 AMENDMENT NO. 1 TO SUBAWARD NO: 2.2 BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES This Amendment to Subaward No: 2.2 (Agreement) is made by and between the Monroe County Board of County Commissioners, 500 Whitehead Street, Key West, Florida 33040 and the University of South Florida Board of Trustees 4202 E., Fowler Avenue, Tampa, FL 33620 on the date last signed below. WHEREAS,the County entered into the Agreement with the Subawardee for Monroe County Coral Resilience Project effective June 25, 2024; WHEREAS,the parties wish to amend the Agreement as set forth herein; NOW THEREFORE,the parties agree as follows: 1) Page 2 FDP Cost Reimbursement Subaward, is hereby revised to reflect a Subaward Budget Period of 7/1/24 to 9/30/26. 2)All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Monroe County Board of County Commissioners University of South Florida Board of Trustees By: By: Eva M_ Lawis z .=o=soso ,s,4,so400 Mayor James K. Scholl Director, Sponsored Research Date: Date: 04/14/25 Monroe County Clerk of Courts MONROE COUNTY ATTORNEY By: APPROVED AS TO FORM As Deputy Clerk �'� ( � � CHRISTINE LIMBERT-BARROWS Date: R,A SDATE?C y T/��rraRNEY Subaward No.: 2.2 Amendment No.: 1 Rev.3/6/25 4949 FDP Cost Reimbursement Subaward ;�t�; Federal Awarding Agency: 11 Other[Type in Agency] IFlorida Department of Environmental Protection Pass-Through Entity(PTE): Subrecipient: Monroe County Board of County Commissioners University of South Florida Board of Trustees PTE PI: Andrew Roltsch Sub PI: Cynthia Lewis PTE Federal Award No: KMP0215 Subaward No: 2.2 Project Title:Eoperation&Maintenance of existing KML Seawater Systems for Coral,Emergency Response and Coral Restora arts for 2-Years(total 16 tables) Subaward Budget Period: ,, ,, ,, ,, ,, ,, ,, ,,, Start: 97/01/2024 ? End: 09/30/2026 ? Amount Funded This Action(USD):$ 430,717.00 Estimated Period of Performance: Incrementally Estimated Total(USD): $ 430,717.00 Start: 07/01/2024 End: 06/30/2026 Terms and Conditions 1. PTE hereby awards a cost reimbursable subaward, (as determined by 2 CFR 200.331),to Subrecipient.The Statement of Work and budget for this Subaward are as shown in Attachment 5. In its performance of Subaward work, Subrecipient shall be an independent entity and not an employee or agent of PTE. 2. Subrecipient shall submit invoices not more often than monthly and not less frequently than quarterly for allowable costs incurred. Upon the receipt of proper invoices, the PTE agrees to process payments in accordance with this Subaward and 2 CFR 200.305.All invoices shall be submitted using Subrecipient's standard invoice, but at a minimum shall include current and cumulative costs(including cost sharing), breakdown by major cost category, Subaward number, and certification, as required in 2 CFR 200.415(a). Invoices that do not reference PTE Subaward number shall be returned to Subrecipient. Invoices and questions concerning invoice receipt or payments shall be directed to the party's Administrative Contact, shown in Attachment 3A. 3. final statementf cumulQtive costs incurred, including cost sharing, marked "FINAL" must be submitted to PTE's Administrative Contact, as shown in Attachment 3A, not later than 60 days after the final Budget Period end date. The final statement of costs shall constitute Subrecipient's final financial report. 4. All payments shall be considered provisional and are subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. 5. Matters concerning the technical performance of this Subaward shall be directed to the appropriate party's Principal Investigator as shown in Attachments 3A and 3B.Technical reports are required as shown in Attachment 4. 6. Matters concerning the request or negotiation of any changes in the terms conditions or amounts cited in this Subaward,and any changes requiring nor approval,shall be directed to the PTE's ,Authorized Official Contact and the Subrecipient's Authorized Official J Contact shown in Attachments 3A and 3B.Any such change made to this Subaward requires the written approval of each parry's Authorized Official as shown in Attachments 3A and 3B. 7. The PTE may issue non-substantive changes to the Budget Period(s)and Budget . Unilateral modification shall be considered valid 14 days after receipt unless otherwise indicated by Subrecipient when sent to Subrecipient's Authorized Official Contact, as shown in Attachment 3B. 8. Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees,officers, or directors,to the extent allowed by law. 9. Either party may terminate this Subaward with 30 days written notice. Notwithstanding, if the Awarding Agency terminates the Federal Award PTE will terminate in accordance with Awarding Agency requirements. PTE notice shall be directed to the Authorized Offici al Contact, and Subrecipient notice shall be directed to the Authorized Official Contact as shown in Attachments 3A and 36. PTE shall pay Subrecipient for termination costs as allowable under Uniform Guidance, 2 CFR 200, or 45 CFR Part 75 Appendix IX, as applicable 10. By signing this Subaward, including the attachments hereto which are hereby incorporated by reference, Subrecipient certifies that it will perform the Statement of Work in accordance with the terms and conditions of this Subaward and the applicable terms of the Federal Award, including the appropriate Research Terms and Conditions("RTCs")of the Federal Awarding Agency, as referenced in Attachment 2. The parties further agree that they intend this subaward to comply with all applicable laws, regulations, and requirements. By an Authorized Official of the PTE: By an Authorized Official of the Subrecipient: Stephanie Rios Digitally signed by Stephanie Rios r ' 6.25.2024 1 Date:2024.06.2415:3326-04'00' 4 4 Name: Kevin Wilson Date Name:[Director Stephanie Rios Date Title: Acting County Administrator Title: of Sponsored Research M¢uro4ha¢uiECIOrT.q•rw nr°TORNEY G'FRf VtD AS TO FO 4950 CiMuumbYi INEI NViER'Y,41AoRROWS FDP DEC ASSNTnNir��XN-reATTORN Y DATE Subaward Number: Attachment 1 3 Certifications and Assurances Certification Regarding Lobbying (2 CFR 200.450) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement in accordance with 2 CFR 200.450. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"to the PTE. 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 31 U.S.C. 1352. 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. Debarment, Suspension, and Other Responsibility Matters (2 CFR 200.214 and 2 CFR 180) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief that neither the Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR 200.213 and 2 CFR 180. Audit and Access to Records Subrecipient certifies that it will provide PTE with notice of any adverse findings which impact this Subaward. Subrecipient certifies compliance with applicable provisions of 2 CFR 200.501-200.521. If Subrecipient is not required to have a Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and will provide access to such audits upon request. Subrecipient will provide access to records as required by parts 2 CFR 200.337 and 200.338 as applicable. Program for Enhancement of Contractor Employee Protections (41 U.S.0 4712) Subrecipient is hereby notified that they are required to: inform their employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform their employees in writing of employee whistleblower protections under 41 U.S.0 §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee. The Subrecipient shall require that the language of the certifications above in this Attachment 1 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. Use of Name Neither party shall use the other party's name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment Pursuant to 2 CFR 200.216, Subrecipient will not obligate or expend funds received under this Subaward 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 described in Public Law 115-232, section 889) as a substantial or essential component of any system, or as a critical technology as part of any system. 4951 Indemnification. To the extent provided by law, Subrecipient shall indemnify, defend, and hold harmless the Monroe County and the State of Florida, Department of Environmental Protection, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s)of Subrecipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Subrecipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by Subrecipient to indemnify Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by Subrecipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement. The Subrecipient shall comply with the indemnification provisions under the DEP Grant Agreement, as set forth in Paragraph 18, Indemnification. Insurance Requirements. At all times during this subagreement Subrecipient, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by Subrecipient shall not be interpreted as limiting Subrecipient's liability and obligations under this subagreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Subrecipient may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. Subrecipient shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during this subagreement. The minimum limits shall be $200,000 for each person and $300,000 each occurrence. b. Commercial Automobile Insurance. If Subrecipient's duties include the use of a commercial vehicle, Subrecipient shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage. C. Workers' Compensation and Employer's Liability Coverage. Subrecipient shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under this subagreement. d. Other Insurance. None. Maintenance of Records. Subrecipient shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR§200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to Subrecipient pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Subrecipient, the Subrecipient 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. 4952 The Subrecipient shall comply with provisions and may be required to submit forms and documentation as required and as outlined in the Grant Agreement and Attachments including but not limited to the provisions as set forth in Attachment 4- Public Records Requirements, Paragraph 22. Statutory Notices Relating to Unauthorized Employment and subcontract, and as set forth below: 1. Public Entity Crime Provisions 2. Discriminatory Vendors Provisions 3. Antitrust Violator Vendors Provisions 4. Scrutinized Companies Provisions a. For Contracts of any amount, if the County determines that the Subrecipient has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Subrecipient 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. b. For Contracts of$1,000,000 or more, if the County determines that the Subrecipient submitted a false certification under Section 287.135(5), Florida Statutes, or if the Subrecipient has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism 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 Subrecipient 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. E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the Subrecipient and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 Ethics Clause. In accordance with Section 5 (b) Monroe County Ordinance No. 010-1990 the following ethics clause; Subrecipient warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 4953 Attachment 2 Subaward Number Federal Award Terms and Conditions 3 Required Data Elements Awarding Agency Institute (If Applicable) The data elements required b Uniform U.S.Department of Treasury Guidance are incor- 11I m the attached Federal Award. ❑' Federal Award Issue Date FAIN Assistance Listing No. 02/04/22 SLFRP0125 This Subaward Is: Assistance Listing Program Title (ALPT) Research & Development ■� Subject to FFATA Key Personnel Per NOA '❑ General Terms and Conditions By signing this Subaward, Subrecipient agrees to the following: 1. To abide by the conditions on activities and restrictions on expenditure of federal funds in appropriations acts that are applicable to this Subaward to the extent those restrictions are pertinent. This includes any recent legislation noted on the Federal Awarding Agency's website: 2. 2 CFR 200 3. The Federal Awarding Agency's grants policy guidance, including addenda in effect as of the beginning date of the period of performance or as amended found at: 4. Research Terms and Conditions, including any Federal Awarding Agency's Specific Requirements found at: except for the following a. No-cost extensions require the written approval of the PTE.Any requests for a no-cost extension shall be directed to the Authorized Official Contact shown in Attachment 3A, not less than 30 days prior to the desired effective date of the requested change. b. Any payment mechanisms and financial reporting requirements described in the applicable Federal Awarding Agency Terms and Conditions and Agency-Specific Requirements are replaced with Terms and Conditions (1)through (4)of this Subaward; and c. Any prior approvals are to be sought from the PTE and not the Federal Awarding Agency. d. Title to equipment as defined in 2 CFR 200.1 that is purchased or fabricated with research funds or Subrecipient cost sharing funds, as direct costs of the project or program, shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313. e. Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel (defined as listed on the NOA). 5.Treatment of program income: I Additive Special Terms and Conditions: Data Sharing and Access: Subrecipient agrees to comply with the Federal Awarding Agency's data sharing and/or access requirements as reflected in the NOA or the Federal Awarding Agency's standard terms and conditions as referenced in General Terms and Conditions 1-4 above. No additional requirements Data Rights: Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Copyrights: Subrecipient Grants to PTE an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reproduce, ma<e derivative works, display, and perform publicly any copyrights or copyrighted material (including any computer software and its documentation and/or databases)first developed and delivered under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Subrecipient grants to PTE the right to use any written progress reports and deliverables created under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its Federal Award. Promoting Objectivity in Research (COI): Subrecipient must designate herein which entity's Financial Conflicts of Interest policy(COI)will apply: Subrecipient If applying its own COI policy, by execution of this Subaward Subreci lent certifies that its policy com lies with the re uirements of the relevant Federal Awarding Agency as identified herein: Subrecipient shall report any financial conflict of interest to PTE's Administrative Representative or COI contact, as designated on Attachment 3A. Any financial conflicts of interest identified shall,when applicable, subsequently be reported to Federal Awarding Agency. Such report shall be made before expenditure of funds authorized in this Subaward and within 45 days of any subsequently identified COI. 4954 Work Involving Human or Vertebrate Animals (Select Applicable Options) �■ No Human or Vertebrate Animals This section left intentionally blank. Human Subjects Data(Select One) I Not Applicable This section left intentionally blank This section left intentionally blank Additional Terms 0 Subrecipient will comply with all Terms&Conditions found in attached NOA between Awarding Agency and PTE. 4955 Subaward Number: Attachment 3A Pass-Through Entity(PTE) Contacts 3 PTE Information Entity Name: Monroe County Board of County Commissioners Legal Address: 1100 Simonton Street, Suite 2-213 Key West, FL 33040 Website: https://www.monroecounty-fl.gov/ PTE Contacts Central Email: roltsch-andrew@monroecounty-fl.gov Principal Investigator Name: Andrew Roltsch Email: I roltsch-andrew@monroecounty-fl.gov Telephone Number: 305-292-4476 Administrative Contact Name: Andrew Roltsch Email: roltsch-andrew@monroecounty-fl.gov71 Telephone Number: 305-292-4476 COI Contact email (if different to above): Financial Contact Name: Tina Boan Email: boan-tina@monroecounty-fl.gov Telephone Number: (305) 292-4472 Email invoices?(�)Yes 0 No Invoice email (if different): Authorized Official Name: Email: Telephone Number: PI Address: 1100 Simonton St. Suite 2-213 Key West, FL 33040 Administrative Address: 1100 Simonton St. Suite 2-213 Key West, FL 33040 Invoice Address: 1100 Simonton St. Suite 2-213 Key West, FL 33040 4956 Attachment 3B Subaward Number: Research Subaward Agreement 12.2 Subrecipient Contacts Subrecipient Information for r..A. reporting Entity's UEI/DUNS Name University of South Florida EIN No.: 59-3102112 Institution Type: Public/State Controlled Inst. of Higher Ed. Currently registered in SAM.gov: Yes 0 No UEI / DUNS: 069687242 Exempt from reporting executive compensation. Yes 0 No (ifno, complete 3Bpg2) Parent UEI / DUNS: This section for U.S. Entities: Zip Zip Code 4 up Place of Performance Address Congressional District: FL-15 p 33620-9951 4202 E. Fowler Avenue, Tampa, FL 33620 Subrecipient Contacts Central Email: rsch-awards@usf.edu Website: http://www.usf.edu/research-innovation/sr/ Principal Investigator Name: Cynthia Lewis Email: cynthialewis@usf.edu Telephone Number. (350) 664-9101 Administrative Contact Name: Lara Keene Email: keenel@usf.edu Telephone Number: (813) 974-4570 Financial Contact Name: I Karen Edwards Email: RSCH-INVOICING@USF.EDU Telephone Number: (813) 974-5414 Invoice Email: rsch-awards@usf.edu Authorized Official Name: Stephanie Rios, Director Email: rsch-awards@usf.edu Telephone Number: 813-974-2897 Legal Address: University of South Florida 4202 E. Fowler Ave. Tampa, FL 33620 Administrative Address: University of South Florida 3702 Spectrum Blvd., Suite 165 Tampa, FL 33612 Payment Address: University of South Florida USF Business Payments - PS PO BOX 737443 Dallas, TX 75373-7443 4957 FDP 3B.1 JAN 2020 Subaward Number: Attachment 3B-2 3 Highest Compensated Officers Subrecipient: Institution Name: University of South Florida Board of Trustees PI Name: I Cynthia Lewis Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA§ 2(b)(1) Internal Revenue Code of 1986. Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: Officer 3 Compensation: Officer 4 Name: Officer 4 Compensation: Officer 5 Name: Officer 5 Compensation: 4958 Subaward Number: Attachment 4 3 Reporting and Prior Approval Terms Subrecipient agrees to submit the following reports (PTE contacts are identified in Attachment 3A): Technical Reports: Monthly technical/progress reports will be submitted to the PTE'sl Administrative Contact within 15 days of of the end of the month. Quarterly technical/progress reports will be submitted within 30 days after the end of each project quarter to the PTE's Administrative ContactI. Annual technical / progress reports will be submitted within 30 days prior to the end of each budget period to the PTE's I Administrative Contact 1. Such report shall also include a detailed budget for the next Budget Period, updated other support for key personnel, certification of appropriate education in the conduct of human subject research of any new key personnel, and annual IRB or IACUC approval, if applicable. A Final technical/progress report will be submitted to the PTE's I Administrative Contact within 45 days of the end of the Project Period or after termination of this award, whichever comes first. ® Technical/progress reports on the project as may be required by PTE'sl Administrative Contact in order for the PTE to satisfy its reporting obligations to the Federal Awarding Agency. Prior Approvals: Carryover: Carryover is automatic Other Reports: In accordance with 37 CFR 401.14, Subrecipient agrees to notify both the Federal Awarding Agency via Edison and PTE's I Administrative Contact within 60 days after Subrecipient's inventor discloses invention(s) in writing to Subrecipient's personnel responsible for patent matters. The Subrecipient will submit a final invention report using Federal Awarding Agency specific forms to the PTE's Administrative Contact I within 60 days of the end of the Project Period to be included as part of the PTE's final invention report to the Federal Awarding Agency. A negative report is required: Property Inventory Report(only when required by Federal Awarding Agency), specific requirements below. Additional Technical and Reporting Requirements: 0 4959 Subaward Number: Attachment 5 3 Statement of Work, Cost Sharing, Indirects & Budget Statement of Work Below Attached, 7l pages If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description Budget Information Indirect Information Indirect Cost Rate (IDC)Applied 0� % Cost Sharing 0 No Rate Type: Modified Total Direct Costs If Yes, include Amount: $ Budget Details Below Attached, pages Budget Totals Direct Costs $ 430,717.00 Indirect Costs $ 0.00 Total Costs $ ..4.30.,7.1..7.0.0......................................................... All amounts are in United States Dollars 4960 Subaward Number: 3 Attachment 6 Notice of Award (NOA) and any additional documents The following pages include the NOA and if applicable any additional documentation referenced throughout this Subaward. Not incorporating the NOA or any additional documentation to this Subaward. 4961 MONROE COUNTY GRANT SUBCONTRACT KEYS MARINE LABORATORY ATTACHMENT 5 SUBCONTRACTOR STATEMENT OF WORK AND REPORTING REQUIREMENTS 1. PROJECT TITLE: Operation & Maintenance of Existing KML Seawater Systems for Coral Emergency Response and Coral Restoration Effort for 2-Years (16 tables): Monroe County Coral Resilience Project PROJECT LOCATION(S): Keys Marine Laboratory, 69486 US-1, Layton, FL 33001 City of Layton within Monroe County; Lat/Long (24.825901, -80.814207) SCOPE OF WORK Monroe County will provide funding for Keys Marine Laboratory for the operation and maintenance of sixteen(16)240-gal tables within existing temperature-controlled KML Seawater Systems to ensure land-based capacity and availability to support coral emergency responses and coral restoration activities e.g. coral holding,propagation, and grow-out(two 1-year periods). DEP will provide approval to KML for use of the 16 prioritized tables for coral response and restoration within 48-hours of need. Tables funded under this Project(16)will be reserved for DEP approved usage and costs for such operation will be billed regardless of total number of tables used in any given month over the course of the project period. Over-flow capacity for coral emergency response and restoration using additional tables in existing KNIT, SW systems will be billed at posted KML rates. An onsite emergency backup generator, serviced and maintained by KML, will ensure life support is maintained to the KML seawater systems. The Florida Keys are in an area of high hurricane activity. Equipment shall be designed to resist high-velocity winds and wave action in accordance with local, state, and federal requirements. Operations and maintenance of the systems will include KML staff support for daily and routine maintenance and administration, coral husbandry position for two years (50% effort), water quality monitoring and routine sampling, utilities costs to operate the system,purchasing any necessary equipment for replacements or repairs to ensure uninterrupted operations,purchase of supplies and consumables for cleaning and biosecurity,periodic veterinary inspections and services for coral health cert]Fications, etc. Deliverables and Reporting Timeline KML will provide to Monroe County Quarterly Reports including the following information: a) Daily work logs that document activities performed by support staff including routine maintenance (provided quarterly). b) Repair logs that document all repairs performed on the associated seawater systems and coral husbandry support(provided quarterly). c) Quarterly tracking and usage spreadsheet that documents the current operations of all DEP- supported seawater tables within KML seawater systems for the reporting period. Spreadsheet will include: i. Approved coral restoration entity and/or Principal Investigator ii. Number of tables and number of days used 4962 d) Quarterly water quality monitoring and sampling data(Excel spreadsheets): I. HOBO data logger—continuous water temperatures in representative seawater tables (note: HOBOS data downloaded at least monthly) ii. Daily Hand-held YSI data: water temp, % DO, salinity ppt,pH iii. Water quality test results: VOCs, phosphates, sulfates, and total nitrogen (sampled quarterly or once within each reporting period) e) A final report summarizing the operation and maintenance of systems. (Note: final report must comply with Section 508 of the U.S. Rehabilitation Act(as amended), Florida Statute Chapter 282, and Rule: 60-8.002, F.A.C. Final report will also acknowledge the funding assitance provided by the DEP's Office of Resilience and Coastal Protection). Final report will be submitted by Sponsor with draft report from Task 1.1 in Master Agreement. Quarter Dates Deliverable(s) Report Due Quarterly Report to include: a) Work Logs I July—September 2024 b)Usage Reports 10/30/2024 c)Water Quality Data Quarterly Invoice Quarterly Report to include: a)Work Logs 2 October—December 2024 b) Usage Reports 01/30/2025 c)Water Quality Data ....................................................................................................................................................................................................................................................... Quarterly Invoice- .. ..... .................................................................................................................................................................................................................................................. Quarterly Report to include: a) Work Logs 3 January—March 2025 b) Usage Reports 04/30/2025 c)Water Quality Data Quarterly Invoice Quarterly Report to include: a)Work Logs 4 April—June 2025 b)Usage Reports 07/30/2025 c)Water Quality Data Quarterly Invoice Quarterly Report to include: a)Work Logs 5 July—September 2025 b) Usage Reports 10/30/2025 c)Water Quality Data Quarterly Invoice Quarterly Report to include: a)Work Logs 6 October—December 2025 b)Usage Reports 01/30/2026 c)Water Quality Data Quarterly Invoice Quarterly Report to include: a)Work Logs 7 January—March 2016 b)Usage Reports 04/30/2026 c) Water Quality Data Quarterly Invoice 8 April—June 2016 Final Report& Invoice 07/30/2026 4963 IV. PROJECT BUDGET AND JUSTIFICATION *See attached budget spreadsheet(s) — first budget spreadsheet is USF format, second is DEP format.Both budgets total same amount as justified below** Budget Justification PERSONNEL EXPENSES $210 388 Funds are requested to provide salary support to KML staff for effort dedicated to the maintenance and operation of 16 SW System tables within the existing infrastructure. Effort is included for KML Director, KML Operations Manager, Seawater Systems Manager, Sr. Biological. Scientist, Biological Scientist, and Coral Husbandry staff. Effort has been calculated using each ndividual's annual/hourly rate for anticipated effort as shown on budget document. FRINGE BENEFITS $100 929 Fringe benefits for personnel have been calculated using the USF Fringe Benefit Pool Rate applicable for each employee based on their employment classification. The USF Fringe Benefit Pool Rates are: 32.2% for Faculty, 39.5% for Administrative (Exempt) Staff, 52.7% for Non-Exempt Staff, 6.3% for OPS/Temporary Staff. CONTRACTUAL SERVICES $0 No funds are requested for contractual services. TRAVEL $0 No funds are requested for travel. EQUIPMENT $18,000 Equipment will include two replacement pumps at a cost of$9,000 each. SUPPLIES $11 200 Funds are requested for the purchase of supplies,including but not limited to PVC fittings,regenerative blowers, sand filter, aquaculture pumps, and stainless-steel screws. OTHER EXPENSES $90 200 Funds are requested for miscellaneous supplies and other expenses to include but not limited to utilities (water, electric, solid waste, etc.), seawater processing equipment, vet health inspections, lab analysis for water quality testing(FIU CACHE Nutrient Lab), and shipping. INDIRECT COSTS $0 As indicated by Sponsor,no indirect costs are allowed on this project. TOTAL PROJECT COSTS $430 717 4964 PI Name ICindy Lewis Operation&Maintenance of existing KM Seawater Systems for Coral Emergency Response and Coral Restoration Efforts for 2- Project Title Years(total 16 tables) Sponsor/Solicitation Number Monroe County Period of Performance 07/Ol/2024 -06/30/2026 No.of Years in Proposal 2 Indirect Cost Rate 0.0% Personnel Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 TOTAL Cindy Lewis 18,900 19,467 0 0 0 0 38,367 Lisa Tipsword 17,185 17,700 0 0 0 0 34,885 Emily Becker 18,150 18,695 0 0 0 0 36,845 William Ferrell 15,125 15,579 0 0 0 0 30,704 Kyle Phillips 6,646 6,846 0 0 0 0 13,492 TBD-Coral Husbandry 27,500 28,325 0 0 0 0 SS,825 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 01 01 01 0 0 01 01 01 01 01 0 0 Fringe Benefits 1 49,8531 51,3471 01 01 01 0 101,200 Total Salary,Wages,and Fringe 1 153,3591 157,9581 01 01 01 0 311,317 Equipment 1 14,0001 9,0001 01 01 01 0 23,000 Travel 1.Domestic 1 01 01 01 01 01 0 0 2.Foreign 1 01 01 01 01 01 0 0 Participant Support Costs 1 01 01 01 01 01 0 0 Other Direct Costs 1.Materials&Supplies 10,100 10,100 0 0 0 0 20,200 2.Publication Costs 0 0 0 0 0 0 0 3.Contractual Services 0 0 0 0 0 0 0 FIU Cache Lab;WQSamples 3,300 3,300 6,60O Vet Health Inspections 2,000 2,000 4,000 4.Computer Services 0 0 0 0 0 0 0 5.Subawards 0 0 0 0 0 0 0 6.Other 01 0 0 0 0 0 0 FKAA(water)-15% 9,600 9,600 19,200 FKEC(electric)-40% 20,000 20,000 40,000 Other Utilities 3,000 3,000 6,000 Postage 200 200 400 7.Non F&A Other 0 0 0 0 0 0 Ia.tuition(normally'other') 0 0 01 01 01 0 0 Subtotal,Other Direct Costs 48,200 48,200 01 01 01 0 96,400 Total Direct Costs I 21S,559 215,1581 01 01 01 0 430,717 TOTAL MTDC 1 215,5591 215,1581 01 01 01 0 430,717 Indirect Costs(F&A) 1 01 01 01 01 01 0 0 Total Direct&Indirect Costs 1 215,5591 215,1581 01 01 01 0 430,717 Residual Funds I I I I I 1 0 Amount of This Request I 215,SS91 21S,1SBI 01 01 01 01 430,717 Cast Sharing 1 01 01 01 01 01 0 0 4965 Rodda IDelpartment of EnWronmental Protectlion D/�a° IIDIW.IIIwI4 UIIDGlWT,.COSTAII AIII:X I IFOIfk PROJECT TITLE: Coral Propagation and Emergency Coral Response Seawater System Infrastructure Expansion at Keys Marine Laboratory UPI,xa;HIint nlMauut,nCocl uri SV,1XSy I i in, a Vos 4.33'%ORRSS�3do°%Nsl vxllI I,u'irPOMYIp I'd IINR➢ti'1Yw dlin,) SUBCONTRACTOR BUDGET DETAIL COST ANALYSIS(f,r L°d'_W s'r..iYSj Budget items below to be provided by the Contractor or Grantee.See attached instructions. Cost Analysis to be completed by the Department Contract or Grant Manager.See attached instructions. COMMENTS 1.PERSONNEL EXPENSES %Allocation Allowable Reasonable Necessary (Basis for Decision) A.Salaries-(Name/Title/Position) Hourly Cost($) Hours Totals($) Cynthia Lewis,KML Director(20%effort) 50.48 832 = $ 37,742 Lisa Tipsword,Operations&Business Analyst(26.47%effort) 34.15 1101 = $ 37,599 Emily Becker,Seawater Facilities Manager(30%effort) 28.98 1248 $ 36,167 William Ferrell,Sr.Biological Scientist(25%effort) 28.98 1040 = $ 30,139 Kyle Phillips,Biological Scientist(12.54%effort) 26.34 521.83 $ 13,745 TBD,Coral Husbandry BioSci(SO%effort) 26.44 2090 = $ 54,995 Maintenance Tech(0%effort) 23.95 0 $ Total Salaries $ 210,3RR B.Fringe Benefits(Rate%*Total salaries applicable) Rate% Total Sal.App. Total$ Cynthia Lewis,KML Director(20%effort) 39.5% $37,742 $ 14,908 Lisa Tipsword,Operations&Business Analyst(26.47%effort) 39.5% $37,599 $ 14,852 Emily Becker,Seawater Facilities Manager(30%effort) 52.7% $36,167 $ 19,060 William Ferrell,Sr.Biological Scientist(25%effort) 52.7% $30,139 $ 15,883 Kyle Phillips,Biological Scientist(12.54%effort) 52.7% $13,745 $ 7,244 TBD,Coral Husbandry BioSci(50%effort) 52.7% $54,995 $ 28,982 Maintenance Tech(0%effort) 23.95 $0 $ Total Fringe $ 100,929 Total Personnel Expenses(A+B) $ 311,317 $ 723,989 2.Contractual Services Description Fee/Rate$ Quantity Totals$ fee/rate based o n estimates/invoices for KML SW expansions n 2020-2023 Total Contractual Services $ 3.Travel Per Fare/ Purpose/Destination Days Diem$ Rate$ Mileage Totals$ [ ] + [ ] _ $ _ $ [ ] + [ ] _ $ Total Travel $ 4.Equipment($5000 or more) Description Unit Cost$ Quantity Totals$ replacement pumps etc 9000 2 $ 18,000 Total Equipment $ 18,000 COMMENTS %Allocation Allowable Reasonable Necessar (Basis for Decision) S. implies(SEE SUPPLIES EXAMPLE TAB)($1000 or less/fee/rate) Description Fee/Rate$ Quantity Totals$ PVC Fittings/repairs 2000 1 = $ 2,000 Regenerative Blower 700 1 $ 700 Sand Filter 1000 1 $ 1,000 Aquaculture Pumps 900 S $ 4500 Biosecurity chemicals 1500 2 $ 3,000 Total Supplies $ 11,200 6.Miscellaneous/other Expenses l$1000-$5000) Description Unit Cost$ Quantity Totals$ Seawater processing equipment 5000 1 $ 51000 FKAA(water)15% 9600 2 $ 19,200 FKEC(electric)4091 20000 2 $ 40,000 Other Utilities(garbage,solid waste,cable/internet)15% 3000 2 $ 6,000 FIU CACHE Nutrient Lab WQ Samples 3300 2 $ 6,600 Postage 200 2 $ 400 Vet health Inspections 2000 2 $ 4,000 Other Supplies(operations) 4500 2 $ 91000 Total Miscellaneous $ 90,200 SUBTOTAL(I thru 6) $ 430,717 7.overhead/Indirect 115%or lower) Rate% Base$ Total$ (Cost base excludes Section 2 and 4) 0.00% 8.Total Budget $ 430,716.82 certify that the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by Section 216.3475,Florida Statutes.Documentation is on file evidencing the methodology used and the conclusions reached. Name: Signature: Title: Date: DEP 55-229 4966 Re,9-03-2020 1 of 1 EXHIBIT A—FEDERAL CONTRACT REQUIREMENTS The Subrecipient and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Iomeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable,the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation,which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program,Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs,including the Public Assistance Program), the contractors, in contracts for construction or repair work above$2,000 in situations where the Davis-Bacon also applies,must also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The Contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R.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 federal agency 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 4967 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. Other Federal Requirements: Americans with Disabilities Act of 1990, as amended(ADA) The SUBRECIPIENT ENTITY/USF will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the SUBRECIPIENT ENTITY/USF pursuant thereto. 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 SUBRECIPIENT ENTITY/USF agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the SUBRECIPIENT ENTITY/USF and subcontractors shall not discriminate on the basis of race, color,national origin or sex in the award and perfonnance 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 SUBRECIPIENT ENTITY/USF,with the funds authorized by this Agreement, seeks to subcontract goods or services,then,in accordance with 2 C.F.R. §200.321,the SUBRECIPIENT ENTITY/USF shall take the following affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor,if subcontractor are to be let, to take the affnnative steps listed in paragraph(1)through (5) of this section. Energy Efficiency- SUBRECIPIENT ENTITY/USF will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 4968 COUNTY,MONROE FLOREDA E ST F OR WAIVER .. e T It is requested that the insurance requirements, as specified in the ounnty's Schedule of I ns asks Requirements,be waived or modified on the following contract. rnraaetrns/tteraatrns: lrniivelr iity of South IFlloiriid (Keys I lriilrne) I �tlrnlroe County or ll I e for Hoi n Project Ir lrnt IPIR01 se�eet Service,., ......................... ......... ......... ......... ContraetorNendor Ulrniivelr iity of South Floirlida Board of Flru tee (Keys I lriilrne) .Address&Phone : 4,202 IE Fowllelr Avenue, "Fanrnp , F11 33620 General Scope ofWork: Illrntlr N tlructulre con tlrlLuuic-Hoirn, eq ulllpinrneint llrn t llll Hoi n, an b uuliIld out of lrnew .. ...P-Se w t lr y 1birti"n`an—d. l lr rli ai lr menr n of exii kulrn IL.Seawater y feu o ® asap eu�oe l�jp,ip nse an cor ll lre for tuolrn effort for two years.. Reason for WaiverOr USIF's iilrn ulr lrnce polliiicy imiilrniilr�nt<ur n its set t 66,666„66 Modification: Dif;� ' h �dddl lf�5'6 �e ll�ililfiilll�uUifnn lr� uUlllf lfh'nelrnt illrn the .Grant r perk , ( I6.- Lung -waiver fear h ,, 66g ,, 6 rend, —. Policies waiver or "Fh e c� e of work lIdenfified lllrn tlh e t<ulb award Mrn¢�ifneatirn�n will atrotrot�v try: � agreementt between„ �Keys*IVlarine and Nic�lrorce C,,o,u,n'ty �.�. D9 Wluo 1g,ed f, St r.ita�oe Signature of Contractor/Vendor. Steplhainll e R csD.,.asaoea 4 saw 9W 00 Date: 6/ 4/ 4 Approved . .., of Approved Risk Management Signature: Data: County Administrator appeal Approved-, .�.� Prot Approved: ., Data: Board of County Commissioners appeal: Approved: ......................�a............. Not Approved: �.....................�o Meeting Date: ........ ......... ........ Administrative I1hW uctarrrm 7500,7 04 4969 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY THIS AGREEMENT is made and entered into this 5 day of september , 20 24 (the "Effective Date"), between the Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the "Department", and Monroe County, a political subdivision of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the "County" or "Participant". RECITALS WHEREAS,the Participant has jurisdiction over and maintains Bridge Number 904990 Card Sound Bridge from south of Milepost 5 to Milepost 6.242 (Miami-Dade/Monroe County Line); and WHEREAS, at the Participant's request,the Department will administer on behalf of the Participant, a National Environmental Policy Act ("NEPA") Project Development and Environment Study ("PD&E Study"), for Card Sound Bridge, project FM 453765-1 (the "Project"), to determine a range of reasonable bridge project alternatives, and ultimately a Preferred Alternative, that is acceptable from an engineering and operational standpoint,the individual elements of which are outlined in the attached Exhibit"A", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the PD&E Study is anticipated to contain commitments for the County to assure that resource agencies and other stakeholder's issues that are identified in the PD&E study will be addressed in future phases of Project delivery in compliance with NEPA and applicable state and federal laws; and WHEREAS, the Department and the Participant are entering into this Agreement to memorialize the Participant's obligations to implement the commitments as contained in the final approved NEPA document for the Project, (hereinafter the "Approved NEPA Document"); and WHEREAS, the Department will utilize federal funds that have been congressionally appropriated and Participant funds for the completion of the PD&E Study; and WHEREAS, the Participant shall deposit funds in escrow with the State of Florida, Department of Financial Services, Division of Treasury, in the amount set forth in Exhibit "D"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS,the parties are authorized to enter into this Agreement pursuant to Section 334.044(7) and 339.12, Florida Statutes (F.S.). Page 1 of 66 4970 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY NOW, THEREFORE, BE IT RESOLVED THAT the Department and the County agree as follows: 1. The above-stated recitals are true and correct, and incorporated herein. 2. The County will prepare all NEPA Re-evaluations necessary to advance the Project, as required by 23 C.F.R. §771.129, and the Department's PD&E Manual, Effective July 1, 2023, as may be subsequently amended, and coordinate these NEPA Re- evaluations with the Department. 3. The County shall further be obligated to perform or cause to be performed any new project commitments that may arise from public involvement or agency coordination subsequent to the Approved NEPA Document and/or be identified in the Project's NEPA Re-evaluations. 4. The County shall comply or shall cause the compliance with all Federal and State law requirements applicable to the development of the Project, including but not limited to, requirements pertaining to Final Design, NEPA Re-evaluations, Design Changes, Permitting, and ROW Acquisition. 5. Prior to the County advancing the Project to construction, the County shall complete a NEPA Re-evaluation to confirm the validity of the project findings, as well as to update any changes in existing conditions, applicable laws and/or commitments. 6. This Agreement may be amended when such an amendment is agreed to in writing by all signatories. The Department and the County may hereafter enter into future agreement(s) concerning the Project that may amend the terms of this Agreement, but no such amendment shall modify the County's obligation to perform the commitments unless such commitment is modified and/or released by the affected stakeholder or changes in law. Such agreement(s)shall refer to this Agreement, and specifically state an intention to modify identified terms of this Agreement. 7. This Agreement will become effective when all the parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature)will be deemed the effective date of this agreement. Page 2 of 66 4971 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS a. A true and correct copy of the Resolution of the Participant's Commission approving this Agreement is attached hereto as Exhibit"C", 'Participant's Resolution', and is incorporated herein by reference. b. The Department will administer the PD&E Study in accordance with the attached Exhibit "A", 'Scope of Services'. The Department will complete the PD&E Study utilizing the funds provided by the Participant. c. The Participant will provide funding to the Department, in the aggregate amount of One Million Four Hundred Forty-Seven Thousand Eight Hundred Dollars ($1,447,800) for the PD&E Study, subject further to the provisions in Section 3 of this Agreement and as outlined in the attachment Exhibit "B", "Financial Summary", which is herein incorporated by reference. d. The Department will not be obligated to commence any services or work until Participant's funding for the PD&E Study is on deposit with the Department. 3. FINANCIAL PROVISIONS a. The Participant agrees that it will, prior to PD&E Advertisement , furnish the Department an advance deposit in the amount of One Million and Four Hundred Forty-Seven Thousand Eight Hundred Dollars ($1,447,800) (hereinafter, the "Advance Deposit") for full payment of the estimated PD&E Study cost. b. If the total amount for the PD&E Study agreed upon between the Department and the Department's PD&E consultant (the "Negotiated Amount") is in excess of the Advance Deposit amount, the Participant will provide an additional deposit within fourteen (14) calendar days of notification from the Department so that the total deposit is equal to the Page 3 of 66 4972 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY Negotiated Amount. The Department will notify the Participant as soon as it becomes apparent that the Negotiated Amount is in excess of the Advance Deposit amount. However, failure of the Department to so notify the Participant shall not relieve the Participant from its obligation to pay the total PD&E Study cost on final accounting as provided herein below. If the Participant cannot provide the additional deposit within fourteen (14)days, a letter must be submitted to and approved by the Department's Project Manager indicating when the deposit will be made. The Participant understands the request and approval of the additional time could delay the PD&E Study, and additional costs may be incurred due to a delay of the PD&E Study. c. If the Negotiated Amount is less than the Advance Deposit amount, the Department will refund the amount that the Advance Deposit exceeds the Negotiated Amount if such refund is requested by the Participant in writing. d. Should there be modifications to the Scope of Services during the PD&E Study that increase the total estimated PD&E Study cost set forth in Exhibit"B", the Participant will be notified by the Department accordingly. The Participant agrees to provide, without delay, in advance of the additional services or work being performed, adequate funds to ensure that cash on deposit with the Department is sufficient to fully fund the PD&E Study. The Department shall notify the Participant as soon as it becomes apparent the actual costs will overrun the total estimated total PD&E Study cost. However, failure of the Department to so notify the Participant shall not relieve the Participant from its obligation to pay the total PD&E Study cost amount and on final accounting as provided herein below. Funds due from the Participant during the PD&E Study not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). e. The Department intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Department's PD&E Study consultant. The Department considers the PD&E Study complete when the final payment has been made to the Department's PD&E Study consultant, not when the work under this Agreement is complete. All PD&E Study cost records and accounts shall be subject to audit by a representative of the Participant for a period of three (3) years after final close out of the PD&E Study. The Participant will be notified of the final cost. Both parties agree that in the event the final Page 4 of 66 4973 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY accounting of total PD&E Study costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the Department to the Participant. Notwithstanding, if the final accounting is not performed within three hundred and sixty (360)days, the Participant is not relieved from its obligation to pay. f. In the event the final accounting of total PD&E Study cost is greater than the total deposits to date, the Participant will pay the additional amount within forty (40) calendar days from the date of the invoice from the Department. The Participant agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40)calendar days until the invoice is paid. g. The payment of funds under this Agreement will be made directly to the Department for deposit and as provided in the attached Escrow Agreement between Participant, Department, and the State of Florida, Department of Financial Services, Division of Treasury. h. Contact Persons: PARTICIPANT: Monroe County Address: 1100 Simonton Street, Key West, FL 33040 Contact Person: Judith Clarke Telephone#: 305-295-4329 Fax#: 305-295-4321 Federal Employer ID # (FEIN): 596000749 DEPARTMENT: District Contact: Paola Martinez Telephone#: 305-470-5210 4. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall become effective on the Effective Date set forth on page one (1) hereof. Page 5 of 66 4974 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5. PROVISIONS SEPARABLE The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 6. AMENDMENT OF AGREEMENT This Agreement may only be amended by mutual agreement of the Department and the Participant, expressed in writing, and executed and delivered by each. 7. NOTICES All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given, made and received when delivered (personally, by courier service such as Federal Express, or by other messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, addressed as set forth below: a. If to the Participant: Monroe County 1100 Simonton Street Key West, Florida, 33040 Attention: Judith Clark, Director of Engineering Services b. If to the Department: Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 Attention: Dat Huynh, District Planning and Environmental Administrator Any party may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of notice. Page 6 of 66 4975 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 8. ENTIRE AGREEMENT This Agreement, including its attached Exhibits, contain the sole and entire Agreement between the parties with respect to such subject matter and supersede any and all other prior written or oral agreements between them with respect to such subject matter. 9. BINDING EFFECT This Agreement shall be binding upon the parties and their respective representatives, successors, and assigns. 10. WAIVER Waiver by either party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. 11. CAPTIONS The captions contained in this Agreement are inserted only as a matter of convenience or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. 12. ABSENCE OF THIRD-PARTY BENEFICIARIES Nothing in this Agreement, express or implied, is intended to (a) confer upon any entity or person other than the parties and their permitted successors and assigns any rights or remedies under or by reason of this Agreement as a third-party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 13. OTHER DOCUMENTS The parties shall take all such actions and execute all such documents which may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided for in this Agreement; provided that the parties further acknowledge that certain additional actions by the Participant may require approval by the Participant's Commission, and, to the extent such approval is required by applicable law, obtaining such approval shall be a condition to the obligations of the Participant under this Section. Page 7 of 66 4976 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 14. GOVERNING LAW This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without application of conflicts of law principles. Venue for any judicial, administrative, or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively in Leon County, Florida. [signatures on following page] Page 8 of 66 4977 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: 1DocuSigned by: V6A23331EC56748A. BY. . COUNTY MAYOR DISTRICT DIRECTOR OF TRANSPORTATION DEVELOPMENT IN MADOK a DocuSigned by: �m a6k -V °� ATTEST: BDE818C95DB54D8... ,mom AS DEPUTY CLERK 4 EXECUTIVE SECRETARY LEGAL REVIEW F"PRvk.D A5 t'E f1 ', DocuSigned by: CSSIS b'INI CO'E4E.R'f.g3AR,RCb FY QU60, ThIt' assssrax`rrcourvl•rarrotdvsv u (,h R-TE . .1, -"""" 12CAFOE1 B1 DB4BC... COUNTY ATTORNEY DISTRICT CHIEF COUNSEL Page 9 of 66 4978 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT "A" SCOPE OF SERVICES Project Description: This project involves the potential replacement of Card Sound Bridge (Bridge Identification Number 904990), a high-level fixed bridge located over the Atlantic Intracoastal Waterway (ICWW) within Monroe County. The bridge is part of County Road (CR)905A/Card Sound Road, a roadway classified as "Rural Minor Arterial" connecting Miami-Dade County to Monroe County between Florida City and North Key Largo. The bridge provides one of two roadways in and out of the Florida Keys and serves as an emergency evacuation route designated by the Florida Division of Emergency Management (FDEM) Statewide Regional Evacuation Study Program and by the county for the residents of the Florida Keys.The specific limits of the project extend from south of Milepost 5 to Milepost 6.242(Miami- Dade/Monroe County Line), for a total distance of 1.242 miles (including the bridge). Connecting Florida City and North Key Largo, the current 2,775-foot-long bridge structure consists of two 12-foot wide travel lanes (one lane in each direction), 2-foot paved shoulders and raised curbs which vary in width from 1'-7"to 4'-1"on both sides. There are no dedicated sidewalks or bicycle lanes on the bridge. On the western end of the project, there are some small sections that provide shoulder widths greater than two feet on both sides which are used for Alabama Jack's restaurant parking and the toll gantry. Crossing over the Atlantic ICWW, the Card Sound Bridge has a vertical clearance of 65.9 feet and a horizontal clearance of 90 feet. The Atlantic ICWW is deemed a navigable waterway by the United States Coast Guard (USCG) and a USCG Bridge Permit will be required. A Life-Cycle Cost Analysis was conducted by Monroe County Engineering Services in August 2022 to evaluate repair/rehabilitation versus replacement of the existing bridge. Based on the findings in the report, bridge replacement is the recommended course of action for the bridge improvements.Alternate alignments parallel to the existing bridge, as well as alternate vertical alignments and structure types, may be evaluated during the Project Development and Environment (PD&E) Study. Wider paved shoulders and enhanced/new bicycle and pedestrian facilities are also to be considered with the improvements. Additional right-of-way is not expected to complete this project. Vessel traffic may be disrupted intermittently as temporary closures of the waterway under the bridge occur during project construction. The existing right-of-way is approximately 100 feet on the southern side of the bridge, Page 10 of 66 4979 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY varies on the northern side with a minimum of 70 feet provided, and 30 feet at the center of the bridge. Specific right-of-way requirements for the project will be determined during the PD&E Study. Project Limits: South of Milepost 5 to Milepost 6.242 (MiamiODade/Monroe County Line) FDOT Financial Project Number: 453765-1-22-01 County: Monroe County FDOT Project Manager: Paola Martinez Participant's Project Manager: Judith Clarke Page 11 of 66 4980 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT A FD SCOPE OF SERVICES FOR PROJECT DEVELOPMENT AND ENVIRONMENT (PD&E) STUDIES CARD SOUND ROAD BRIDGE FROM MILEPOST 5 TO MILEPOST 6.242 FDOT District 6 Monroe County This Scope of Services is an attachment which is incorporated into the agreement between the State of Florida Department of Transportation (hereinafter referred to as the DEPARTMENT or FDOT) and f�] (hereinafter referred to as the CONSULTANT)relative to the transportation facility described as follows: Financial Project ID: 453765-1-22-01 Federal Aid Project No.: ETDM No.: 14539 County Section No.: 90509000 Bridge No.: 904990 Railroad Crossing No.:NA Project Type: Highway Lead Agency: FL Department of Transportation Federal Funding: Yes Anticipated Class ofAction: Environmental Assessment Page 12 of 66 4981 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY Table of Contents 1.0 SCOPE OF SERVICES PURPOSE ....................................................................................... 18 2.0 PROJECT DESCRIPTION AND OBJECTIVES .................................................................. 19 2.1 PROJECT OBJECTIVES................................................................................................... 20 2.2 PROJECT REQUIREMENTS AND PROVISIONS FOR WORK.................................... 22 2.2.1 Governing Regulations ................................................................................................ 23 2.2.2 Liaison Office .............................................................................................................. 24 2.2.3 Personnel...................................................................................................................... 24 2.2.4 Subconsultant............................................................................................................... 25 2.2.5 Lead Agency, Cooperating Agencies and Participating Agencies .............................. 26 2.2.6 Meetings and Presentations.......................................................................................... 26 2.2.7 Communication............................................................................................................ 26 2.2.8 Quality Control ............................................................................................................ 27 2.2.9 Schedule....................................................................................................................... 27 2.2.10 Submittals .................................................................................................................. 28 2.2.11 Computer Automation ............................................................................................... 30 2.2.12 Conflict of Interest..................................................................................................... 31 2.3 COORDINATION WITH OTHER CONSULTANTS AND ENTITIES.......................... 31 2.4 CONTRACT MANAGEMENT......................................................................................... 32 2.5 ADDITIONAL SERVICES................................................................................................ 32 2.5.1 Alternative Corridor Evaluation .................................................................................. 32 2.5.2 Advance Notification................................................................................................... 32 2.5.3 Scoping ........................................................................................................................ 32 2.5.4 Notice of Intent............................................................................................................ 32 2.5.5 Transit Coordination Plan............................................................................................ 32 2.6 SERVICES TO BE PERFORMED BY THE DEPARTMENT......................................... 33 2.7 OPTIONAL SERVICES..................................................................................................... 34 3.0 PUBLIC INVOLVEMENT.................................................................................................... 34 3.1 PUBLIC INVOLVEMENT PLAN ELEMENTS............................................................... 35 3.1.1 Public Involvement Plan.............................................................................................. 35 3.1.2 Public Involvement Data Collection............................................................................ 36 Page 13 of 66 4982 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 3.2 SCHEDULED PUBLIC MEETINGS ................................................................................ 36 3.3 PUBLIC HEARING ........................................................................................................... 38 3.4 COMMENTS AND COORDINATION REPORT............................................................ 39 3.5 NOTIFICATION OF APPROVED ENVIRONMENTAL DOCUMENT......................... 39 3.6 ADDITIONAL PUBLIC INVOLVEMENT REQUIREMENTS ...................................... 39 4.0 ENGINEERING ANALYSES AND CONSIDERATIONS .................................................. 40 4.1 REVIEW OF PREVIOUS PLANNING STUDIES ........................................................... 40 4.2 EXISTING CONDITIONS ANALYSIS............................................................................ 40 4.3 SURVEY............................................................................................................................. 41 4.4 GEOTECHNICAL INVESTIGATION.............................................................................. 41 4.5 TRAFFIC ANALYSIS ....................................................................................................... 41 4.5.1 Traffic Analysis Methodology..................................................................................... 41 4.5.2 Turning Movement Counts.......................................................................................... 42 4.5.3 Vehicle Classification Counts on Roadway Segments and Ramps ............................. 42 4.5.4 Pedestrian, Bicycle, and Other Multimodal Data........................................................ 42 4.5.5 Microscopic Calibration and Validation Data Collection............................................ 42 4.5.6 Existing Traffic Operational Analysis ......................................................................... 42 4.5.7 Microscopic Calibration and Validation...................................................................... 43 4.5.8 Future Demand Forecasting......................................................................................... 43 4.5.9 No Build Analysis........................................................................................................ 43 4.5.10 Development and Screening of Alternatives ............................................................. 43 4.5.11 Operational Evaluation of Build Alternatives............................................................ 44 4.5.12 Project Traffic Analysis Report................................................................................. 44 4.5.13 Interchange Access Request ...................................................................................... 44 4.5.14 Traffic Data for Noise Study...................................................................................... 44 4.5.15 Traffic Data for Air Analysis..................................................................................... 44 4.5.16 Signalization Analysis ............................................................................................... 45 4.6 SIGNAGE........................................................................................................................... 45 4.7 TOLLING CONCEPTS...................................................................................................... 45 4.8 SAFETY ............................................................................................................................. 45 4.8.1 Crash Data.................................................................................................................... 45 Page 14 of 66 4983 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.8.2 Safety Analysis ............................................................................................................ 45 4.8.3 Documentation of Safety Analysis .............................................................................. 45 4.9 UTILITIES AND RAILROAD .......................................................................................... 45 4.9.1 Utilities......................................................................................................................... 46 4.9.2 Railroads ...................................................................................................................... 46 4.10 ROADWAY ANALYSIS................................................................................................. 46 4.10.1 Design Controls and Criteria ..................................................................................... 46 4.10.2 Typical Section Analysis ........................................................................................... 47 4.10.3 Geometric Design ...................................................................................................... 47 4.10.4 Intersections and Interchange Evaluation.................................................................. 47 4.10.5 Access Management.................................................................................................. 47 4.10.6 Multimodal Accommodations ................................................................................... 47 4.10.7 Maintenance of Traffic .............................................................................................. 48 4.10.8 Lighting...................................................................................................................... 48 4.11 IDENTIFY CONSTRUCTION SEGMENTS .................................................................. 48 4.12 TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS .................. 48 4.13 STRUCTURES................................................................................................................. 49 4.13.1 Existing Structures..................................................................................................... 49 4.13.2 Structure Typical Sections......................................................................................... 49 4.13.3 Structure Design Alternatives.................................................................................... 50 4.14 DRAINAGE...................................................................................................................... 50 4.14.1 Floodplain and Environmental Permit Data Collection............................................. 50 4.14.2 Drainage Analysis...................................................................................................... 50 4.14.3 Floodplain Compensation Analysis........................................................................... 50 4.14.4 Stormwater Management Analysis............................................................................ 51 4.14.5 Drainage Design......................................................................................................... 51 4.14.6 Location Hydraulics Report....................................................................................... 51 4.14.7 Bridge Hydraulic Evaluation ..................................................................................... 51 4.15 LANDSCAPING ANALYSIS.......................................................................................... 51 4.16 CONSTRUCTION AND RIGHT OF WAY COST ESTIMATES.................................. 52 4.16.1 Construction Cost Estimates...................................................................................... 52 Page 15 of 66 4984 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.16.2 Right of Way Cost Estimates..................................................................................... 52 4.17 ALTERNATIVES EVALUATION.................................................................................. 53 4.17.1 Comparative Alternatives Evaluation........................................................................ 53 4.17.2 Selection of Recommended Alternative .................................................................... 53 4.17.3 Value Engineering ..................................................................................................... 53 4.18 CONCEPT PLANS........................................................................................................... 54 4.18.1 Base Map ................................................................................................................... 54 4.18.2 Alternatives Concept Plans........................................................................................ 54 4.18.3 Preferred Alternative.................................................................................................. 54 4.18.4 Typical Section Package............................................................................................ 54 4.18.5 Design Exceptions and Design Variations................................................................. 55 4.19 TRANSPORTATION MANAGEMENT PLAN ............................................................. 55 4.20 RISK MANAGEMENT.................................................................................................... 55 4.21 ENGINEERING ANALYSIS DOCUMENTATION....................................................... 55 4.22 PLANNING CONSISTENCY.......................................................................................... 55 4.22.1 Transportation Plans .................................................................................................. 55 4.22.2 Planning Consistency Form....................................................................................... 56 5.0 ENVIRONMENTAL ANALYSIS AND REPORTS............................................................. 56 5.1 SOCIOCULTURAL EFFECTS.......................................................................................... 56 5.1.1 Social............................................................................................................................ 57 5.1.2 Economic ..................................................................................................................... 57 5.1.3 Land Use Changes ....................................................................................................... 57 5.1.4 Mobility........................................................................................................................ 57 5.1.5 Aesthetics..................................................................................................................... 57 5.1.6 Relocation Potential..................................................................................................... 58 5.2 CULTURAL RESOURCES............................................................................................... 58 5.2.1 Archaeological and Historic Resources....................................................................... 58 5.2.2 Recreational, Section 4(f) ............................................................................................ 59 5.3 NATURAL RESOURCES ................................................................................................. 59 5.3.1 Wetlands ...................................................................................................................... 59 5.3.2 Essential Fish Habitat.................................................................................................. 59 Page 16 of 66 4985 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.3.3 Wildlife and Habitat..................................................................................................... 60 5.3.4 Natural Resource Evaluation Report ........................................................................... 60 5.3.5 Water Quality............................................................................................................... 60 5.3.6 Special Designations.................................................................................................... 60 5.3.7 Identify Permit Needs .................................................................................................. 60 5.3.8 Farmland...................................................................................................................... 61 5.4 PHYSICAL EFFECTS ....................................................................................................... 61 5.4.1 Noise............................................................................................................................ 61 5.4.2 Transit Noise and Vibration Analysis.......................................................................... 61 5.4.3 Air Quality ................................................................................................................... 62 5.4.4 Construction Impact Analysis...................................................................................... 62 5.4.5 Contamination.............................................................................................................. 62 5.5 CUMULATIVE EFFECTS EVALUATION ..................................................................... 62 5.6 PROJECT COMMITMENTS RECORD ........................................................................... 62 6.0 ENVIRONMENTAL DOCUMENT...................................................................................... 62 7.0 METHOD OF COMPENSATION......................................................................................... 63 Page 17 of 66 4986 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 1.0 SCOPE OF SERVICES PURPOSE The Scope of Services describes the responsibilities of the CONSULTANT and the Florida Department of Transportation (FDOT or DEPARTMENT)when conducting Project Development and Environment(PD&E) Studies necessary to comply with DEPARTMENT procedures and underlying laws and regulations and to obtain FL Department of Transportation approval of the Environmental Document. All activities encompassed by this Scope of Services include: • Major work groups include: 2.0 -Project Development& Environmental (PD&E) Studies; 3.2—Major Highway Design; 4.2.1 —Major Bridge Design— Concrete; 4.2.2—Major Bridge Design - Steel • Minor work groups include: 4.1.1- Miscellaneous Structures and Minor Bridge Design; 6.1 - Traffic Engineering Studies; 6.3.1 - Intelligent Transportation Systems Analysis & Design; 6.3.3 - Intelligent Transportation Traffic Engineering Systems Communications; 7.1 - Signing, Pavement Marking & Channelization; 7.2 - Lighting; 7.3 - Signalization; 8.2 - Design, Right of Way & Construction Surveying; 9.1 - Soil Exploration; 9.2 - Geotechnical Classification Lab Testing; .94.1 - Standard Foundation Studies; 9.4.2 -Non-redundant Drilled Shaft Bridge Foundation Studies; 15.0 —Landscape Architect The Project development process and all tasks identified in this Scope of Services must follow the guidance provided in the DEPARTMENT's current version of the PD&E Manual and FDOT Design Manual (FDM). As discussed in Part 1, Chapter 1, of the PD&E Manual, the PD&E Manual satisfies state and federal processes and incorporates the requirements of the National Environmental Policy Act(NEPA); federal law, regulations, and Executive Orders included in the FHWA Federal-Aid Policy Guide; and applicable state laws and regulations including Section 339.155 of the Florida Statutes and Rule Chapter 14 of the Florida Administrative Code. As such, Project documents prepared by the CONSULTANT must comply with all applicable state and federal laws, regulations, and Executive Orders. The Scope of Services defines the Project tasks to be performed consistent with the PD&E Manual and other pertinent manuals as specifically prescribed in Section 2. The Scope of Services also outlines work activities that will be the responsibility of the CONSULTANT and/ or the DEPARTMENT. The CONSULTANT must demonstrate good project management practices while working on this Project, including effective communication with the DEPARTMENT and others as necessary, effective management of time and resources, and quality of documentation. Throughout the PD&E Study, the CONSULTANT shall set up and maintain a contract file in accordance with DEPARTMENT procedures. The CONSULTANT and any subconsultants are expected to know the laws and rules governing their profession and are expected to Page 18 of 66 4987 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY provide professional services in accordance with current and applicable regulations, codes, ordinances, and standards. The DEPARTMENT will provide contract administration and management, as well as technical reviews of all work associated with the development of this Project and performed under this Scope of Services. The DEPARTMENT's technical reviews will focus on high- level conformance and are not meant to substitute CONSULTANT quality reviews of deliverables. The CONSULTANT is fully responsible for all work performed and work products developed under this Scope of Services. The DEPARTMENT may provide task- specific information as outlined in this Scope of Services. 2.0 PROJECT DESCRIPTION AND OBJECTIVES This project involves the potential replacement of Card Sound Bridge (Bridge Identification Number 904990), a high-level fixed bridge located over the Atlantic Intracoastal Waterway (ICWW) within Monroe County. The bridge is part of County Road(CR) 905A/Card Sound Road, a roadway classified as "Rural Minor Arterial" connecting Miami-Dade County to Monroe County between Florida City and North Key Largo. The bridge provides one of two roadways in and out of the Florida Keys and serves as an emergency evacuation route designated by the Florida Division of Emergency Management(FDEM) Statewide Regional Evacuation Study Program and by the county for the residents of the Florida Keys. The specific limits of the project extend from south of Milepost 5 to Milepost 6.242 (Miami- Dade/Monroe County Line), for a total distance of 1.242 miles (including the bridge). Connecting Florida City and North Key Largo, the current 2,775-foot-long bridge structure consists of two 12-foot wide travel lanes (one lane in each direction), 2-foot paved shoulders and raised curbs which vary in width from P-7" to 4'-1" on both sides. There are no dedicated sidewalks or bicycle lanes on the bridge. On the western end of the project, there are some small sections that provide shoulder widths greater than two feet on both sides which are used for Alabama Jack's restaurant parking and the toll gantry. Crossing over the Atlantic ICWW, the Card Sound Bridge has a vertical clearance of 65.9 feet and a horizontal clearance of 90 feet. The Atlantic ICWW is deemed a navigable waterway by the United States Coast Guard (USCG) and a USCG Bridge Permit will be required. A Life-Cycle Cost Analysis was conducted by Monroe County Engineering Services in August 2022 to evaluate repair/rehabilitation versus replacement of the existing bridge. Based on the findings in the report, bridge replacement is the recommended course of action for the bridge improvements. Alternate alignments parallel to the existing bridge, as well as alternate vertical alignments and structure types, may be evaluated during the Project Development and Environment(PD&E) Study. Wider paved shoulders and enhanced/new bicycle and pedestrian facilities are also to be considered with the improvements. Additional right-of-way is not expected to complete this project. Vessel traffic may be disrupted intermittently as temporary closures of the waterway under the bridge occur during project Page 19 of 66 4988 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY construction. The existing right-of-way is approximately 100 feet on the southern side of the bridge, varies on the northern side with a minimum of 70 feet provided, and 30 feet at the center of the bridge. Specific right-of-way requirements for the project will be determined during the PD&E Study. 2.1 PROJECT OBJECTIVES The PD&E Study has the following project objectives: The purpose of this project is to address the structural degradation and substandard design elements of the existing Card Sound Bridge along CR 905A/Card Sound Road. The alternatives will also evaluate improving emergency evacuation/response times and providing enhanced or new bicycle and pedestrian facilities. The need for the project is based on the following criteria: PRIMARY NEEDS: BRIDGE DEFICIENCIES: Address Structural Degradation & Substandard Design Elements Card Sound Bridge (Bridge Identification Number 904990)was constructed in 1969 and has been repaired and rehabilitated many times since construction, most recently in 2016. Previous repairs include spall repairs, crack injection, steel repairs and painting, cathodic protection pile jackets, deck sealing, fender repairs, and various other rehabilitation activities. Based on the latest FDOT Bridge Inspection Report conducted in 2024, the Card Sound Bridge received a Sufficiency Rating of 48.7 (on a scale of 0-100). The Sufficiency Rating is essentially an overall rating of a bridge's fitness to remain in service and indicates the bridge's structural adequacy, serviceability and also serves as a factor when evaluating replacement versus rehabilitation. A Sufficiency Rating below 50.0 may qualify a bridge for replacement funding. The bridge inspection report further examined a number of components and assigned a rank or condition to each. The ranks/conditions were based on a scale of zero (0) through nine (9). A ranking of zero (0) generally means that the bridge is out of service, beyond corrective action, and in need of replacement; a ranking of nine (9) means that the bridge is in excellent condition and no deficiencies have been identified. The rankings/conditions for components of the bridge examined in the report are as follows: -Deck: 6 Satisfactory -Superstructure: 5 Fair Page 20 of 66 4989 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY -Substructure: 6 Satisfactory -Channel: 7 Minor Damage -Performance Rating: Fair The Card Sound Bridge is not considered structurally deficient. Should one of the above rankings go below a five (5) during a future inspection, the bridge would then qualify as structurally deficient. While the bridge is not designated as functionally obsolete based on the latest Bridge Inspection Report, the existing Card Sound Bridge does not meet current FDOT design standards as it has narrow shoulders and lacks bicycle and pedestrian facilities. According to the 2023 Florida Design Manual, the typical section for this type of bridge should feature 12-foot travel lanes and 10-foot outside shoulders. In addition, the bridge is classified as containing Non-Redundant Steel Tension Members and is fracture and scour critical. PROJECT STATUS This project was initiated by Monroe County and federal (FHWA) funds have been congressionally appropriated for the Project Development and Environment(PD&E) phase. As such, FDOT District Six will be conducting the PD&E Study consistent with the National Environmental Policy Act(NEPA) on the County's behalf. The Card Sound Bridge project is currently included as a candidate project in the FDOT Work Program with $1,863,200 programmed for the PD&E phase. In addition, the Card Sound Bridge Replacement PD&E Study is included in the Monroe County 2030 Comprehensive Plan with funding shown in Fiscal Years (FYs) 2023-2025. SECONDARY NEEDS: MODAL INTERRELATIONSHIPS: Accommodate Pedestrian and Bicycle Activity No sidewalks or bicycle lanes exist on either side of the bridge structure or the approaches, with a lack of pedestrian/bicycle access provided between Florida City and North Key Largo. The addition of sidewalks and/or bicycle facilities, including potentially a shared-use path, will be considered in the bridge alternatives to allow for the safe movement of pedestrians/bicyclists across Little Card Sound. SAFETY: Improve Evacuation and Emergency Response Times Serving as part of the emergency evacuation route network designated by the Florida Division of Emergency Management(FDEM), Monroe County, and Miami-Dade County, CR 905A/Card Sound Road [including Card Sound Bridge] plays a critical role Page 21 of 66 4990 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY in facilitating traffic during emergency evacuation periods. CR 905A/Card Sound Road and Card Sound Bridge provide a connection into and out of mainland Florida for the residents of Monroe County and, more specifically, the residents and visitors of Ocean Reef Club. The existing bridge has 2-foot paved shoulders and does not meet current design standards; it cannot accommodate emergency service vehicles, maintenance vehicles, and/or disabled vehicles. As such, wider paved shoulders (which could be converted to travel lanes in emergency situations)will potentially be considered with the bridge improvements to help facilitate higher traffic volumes during evacuation events and emergency service vehicles during traffic incidents. The CONSULTANT will analyze and assess the Project's impact on the social, economic, cultural, natural, and physical environment, in order to develop the Location and Design Concept of the Project in accordance with FDOT policy,procedures, and requirements. The CONSULTANT shall review and become familiar with Project documents and materials that have been prepared prior to the PD&E phase. The CONSULTANT will review the Efficient Transportation Decision Making Process (ETDM)Programming Screen Summary Report, including comments received from the Environmental Technical Advisory Team (ETAT), Lead Agency, and/or any responses from the District pertaining to this Project. The CONSULTANT shall also review concepts and reports (e.g., typical sections, alignments, planning reports) developed from prior planning studies. The CONSULTANT shall use resource agencies' comments to assess the level of effort for work activities required to adequately address potential resources of concern to this Project. 2.2 PROJECT REQUIREMENTS AND PROVISIONS FOR WORK The CONSULTANT will conduct the appropriate level of engineering and environmental analyses related to the anticipated Class of Action for this Project, as outlined in the PD&E Manual, the FDM, and directed by the Project objectives. The level of analysis depends on complexity of the Project, level of controversy,potential for significant impacts, and degree and quality of information/ data available. If the Class of Action for the Project was not determined during ETDM screening, the Lead Agency will determine it after completion of the environmental analyses. The CONSULTANT upon direction from DEPARTMENT will assist with updating data, technical studies or Environmental Document to ensure compliance with NEPA, other federal laws, regulations and Executive Orders. The CONSULTANT will maximize the use of existing information available from State, regional, local agencies,private sources, and its own files. Examples include the Programming Screen Summary Report, Concept Reports,previously completed planning Page 22 of 66 4991 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY products, listed species reports, Florida Department of Environmental Protection OCULUS Electronic Document Management System, and other sources as appropriate. The DEPARTMENT will allow the CONSULTANT to use the DEPARTMENT's computer facilities upon proper authorization as described in DEPARTMENT Procedure No. 325-060-401; Planning studies relevant to this project which the CONSULTANT is required to review include: • Bridge Inspection Reports • As-Built Plans • Life-Cycle Cost Analysis CR 905A (Card Sound Road) Over Card Sound Bridge No. 904990, Monroe County, August 2022 2.2.1 Governing Regulations Services performed by the CONSULTANT must comply with all applicable DEPARTMENT Manuals and Guidelines. The CONSULTANT will use the latest editions of the following Manuals and Guidelines to perform work for this Project. • Florida Statutes • Florida Administrative Codes • Applicable Federal Regulations, U.S. Codes, and Technical Advisories • PD&E Manual • ETDM Manual • SocioCultural Effects Evaluation Handbook • Public Involvement Handbook • FDOT Design Manual (FDM) • Interchange Access Request User's Guide • Highway Capacity Manual (HCM) • Manual on Uniform Traffic Studies (MUTS) • Manual of Uniform Traffic Control Devices (MUTCD) • Minimum Standards for Design, Construction, and Maintenance Streets and Highways (Florida Greenbook) • A Policy on Geometric Design of Highways and Streets • AASHTO Guide for the Development of Bicycle Facilities • AASHTO Guide for the Development of Pedestrian Facilities • Highway Safety Manual (HSM) • Right of Way Mapping Handbook • Right of Way Procedures Manual • Survey and Mapping Handbook • Soils and Foundation Handbook • Electronic Field Book (EFB)User Handbook Page 23 of 66 4992 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • Drainage Manual • FDOT Drainage Design Guide • Structures Manual • CADD Manual • Quality/Level of Service Handbook • Project Traffic Forecasting Handbook& Project Traffic Forecasting Procedure No. 525-030-120 • Traffic Analysis Handbook • Florida Highway Landscape Guide • Basis of Estimates Manual • Project Management Handbook • FDOT Traffic Engineering Manual 2.2.2 Liaison Office The DEPARTMENT and the CONSULTANT will designate their respective Liaison Offices for this Project. 2.2.3 Personnel The DEPARTMENT will designate a Project Manager to represent the DEPARTMENT for this Project. The DEPARTMENT Project Manager shall be responsible for coordination with the CONSULTANT pertaining to all contractual matters, invoicing and reporting. The DEPARTMENT Project Manager shall also be responsible for approval of any additional staffing to be provided (approval must be coordinated with the Procurement Office), and shall give approval of all products and services. The CONSULTANT will assign a Project Manager who will communicate regularly with the DEPARTMENT Project Manager regarding development of this Project. Final direction on all matters of this Project remains with the DEPARTMENT Project Manager. The CONSULTANT must maintain staffing levels and personnel qualifications necessary to complete the required activities for this Scope of Services. The CONSULTANT's work must be performed to DEPARTMENT standards and procedures by personnel identified in the contract. Any changes in the identified personnel will be subject to review and approval by the DEPARTMENT. To the extent possible, the CONSULTANT must minimize the DEPARTMENT's need to apply its own resources to the Scope of Services activities unless otherwise identified. The CONSULTANT shall assign only competent technical and professional personnel qualified by the necessary experience and education to perform assigned work. The CONSULTANT is responsible for ensuring that staff assigned to work Page 24 of 66 4993 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY under this Agreement has the training established by the DEPARTMENT as a prerequisite for CONSULTANT staff to perform work. If the required training is such that it can be applied by the trainee to work on other contracts, (regardless of whether or not the trainee would work on other agreements), the cost of the trainee's time and expenses associated with the training is not directly billable to the DEPARTMENT on this contract, and shall only be recoverable through overhead for the CONSULTANT firm. The CONSULTANT must request approval from the DEPARTMENT's Project Manager for any modifications or additions to the list of available staff prior to the initiation of any work by that individual. If applicable, new job classifications may be added to the contract via contract amendment and must be approved by Procurement. The CONSULTANT shall submit a copy of the resume and payroll register before new staff can be added. The CONSULTANT must have a Licensed Professional Engineer in the State of Florida to sign and seal all engineering reports, documents, technical special provisions, and plans as required by DEPARTMENT standards. The CONSULTANT and its employees, agents, representatives, or subconsultants are not employees of the DEPARTMENT and are not entitled to the benefits of State of Florida employees. Except to the extent expressly authorized herein, CONSULTANT and its employees, agents, representatives, or subconsultants are not agents of the DEPARTMENT or the State for any purpose or authority such as to bind or represent the interests thereof, and shall not represent that it is an agent or that it is acting on the behalf of the DEPARTMENT or the State. The DEPARTMENT shall not be bound by any unauthorized acts or conduct of CONSULTANT. 2.2.4 Subconsultant Services assigned to any subconsultants must be approved in writing and in advance by the DEPARTMENT Project Manager, Procurement Office, and the CONSULTANT Project Manager in accordance with this Scope of Services. All subconsultants must be technically qualified by the DEPARTMENT to perform all work assigned to them. Additional subconsultants with specialized areas of expertise may be required to complete specific assignments. Any subconsultants to be hired and all work assignments to be performed, and all rates of compensation shall be agreed to by the DEPARTMENT Project Manager, Procurement Office and the CONSULTANT Project Manager and documented in the contract file prior to any work being performed by the subconsultants. Page 25 of 66 4994 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 2.2.5 Lead Agency, Cooperating Agencies and Participating Agencies The CONSULTANT Project Manager will support The DEPARTMENT Project Manager in coordination with the Lead Agency, Cooperating Agencies and Participating Agencies. The Lead Agency for this Project is FL Department of Transportation. The following will be engaged as a Cooperating Agency: • US Coast Guard The following will be engaged as a Participating Agency(s): • FL Department of Environmental Protection • US Army Corps of Engineers • FL Department of State • South Florida Water Management District 2.2.6 Meetings and Presentations Led by the DEPARTMENT Project Manager, the CONSULTANT will attend the Notice to Proceed Meeting, where DEPARTMENT representatives will outline relevant contract and Project information provided by the DEPARTMENT Project Manager. The CONSULTANT shall attend meetings necessary to undertake the activities of this Scope of Services. This includes meetings with DEPARTMENT staff and/or resources agency staff, other consultants, or other miscellaneous meetings. It is anticipated that 36 progress and miscellaneous review meetings will be needed. The CONSULTANT will attend meetings or make presentations at the request of the DEPARTMENT with at least five (5)business days' notice. The CONSULTANT will prepare meeting notes for all meetings identified in this Exhibit and submit within five (5)working days to the DEPARTMENT's Project Manager for review. 2.2.7 Communication The DEPARTMENT Project Manager will be the representative of the DEPARTMENT for the Project. The CONSULTANT must regularly communicate with the DEPARTMENT Project Manager to discuss and resolve issues or solicit opinions regarding this Project. The CONSULTANT must include the DEPARTMENT when seeking and receiving advice from various State, regional, local agencies, and citizen groups. The final direction on all matters for this Project remains with the DEPARTMENT Project Manager. Page 26 of 66 4995 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY All written correspondence between the CONSULTANT and any parry pertaining specifically to this Project must be reviewed and approved by the DEPARTMENT. The CONSULTANT must respond to information requests relative to the PD&E Study from third parties at the direction, and with the approval, of the DEPARTMENT. The CONSULTANT will assist the DEPARTMENT in preparing the content of the letters from DEPARTMENT personnel to other agencies,public officials, and others as needed or requested. 2.2.8 Quality Control The DEPARTMENT requires that all Project documents, technical studies, calculations, maps, reports, conceptual plans, design, and the Environmental Document are correct and complete, appropriate for the intended purposes, and conform to requirements of this Scope of Services. The CONSULTANT, is responsible for the quality of all (including the subconsultants) deliverables. The CONSULTANT will independently and continually review deliverables for accuracy and completeness. The CONSULTANT must develop and follow an internal Quality Control (QC)process. The QC process is intended to ensure that quality is achieved through checking, reviewing, and verifying work activities and deliverables by qualified individuals who were not directly responsible for performing the initial work. Within twenty (20)business days from the Notice to Proceed, the CONSULTANT must submit its QC Plan to the DEPARTMENT Project Manager for approval. The QC Plan will identify the deliverables, the personnel to perform the reviews, and the method of documentation. The QC Plan will be signed by the CONSULTANT Project Manager and the CONSULTANT QC Manager. The CONSULTANT must include document reviews and written resolution of comments with each submittal or deliverable to show the QC process was followed. At a minimum, a quality review checklist must be provided and should include letters, exhibits, technical studies, reports, design calculations, Environmental Document or any documents used or referenced in the QC Plan. The CONSULTANT must maintain documentation which show the QC Plan process was followed. The DEPARTMENT Project Manager may request from the CONSULTANT document reviews and written resolution of comments at any time during the PD&E Study. 2.2.9 Schedule Within ten (10) business days after the Notice to Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall submit a detailed Project activity/ event schedule to the DEPARTMENT. The schedule must indicate all required submittals, critical path activities, and key project milestones / activity Page 27 of 66 4996 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY codes. When applicable, the CONSULTANT Project Manager will receive a Statewide Acceleration and Transformation (SWAT)preliminary Project schedule from the DEPARTMENT Project Manager during the Notice to Proceed meeting. The Project schedule shall contain at a minimum,the following information for each schedule activity: project FPID,project description, FDOT activity id with correct Project Schedule Management(PSM) codes, activity description, original duration, remaining duration, start date, finish date, activity percent complete and total float. Only two open-ended activities (the first and the last) are allowed. The project schedule must include a column displaying each activity's Predecessor and Successor. The schedule must be based on the DEPARTMENT's expected production date and must be approved by the DEPARTMENT. The schedule must be based upon consideration of the Proj ect's environmental issues (social, cultural, natural and physical resources) and regulatory requirements, and in coordination with the DEPARTMENT's District Planning and Environmental Management Office (PLEMO). The schedule must be accompanied by an anticipated payout and fiscal progress curve. For the purpose of scheduling, the CONSULTANT shall allow for a review period of at least 20 days for each draft technical report or memorandum submitted for District reviews. In developing the schedule for this Project, the CONSULTANT, in coordination with the DEPARTMENT, must include adequate time to meet regulatory reviews and formal consultations timeframes. Periodically throughout the life of the contract, the CONSULTANT must review the project schedule,payout, and fiscal progress curves to monitor the progress of the project. The CONSULTANT shall submit monthly progress reports with the approved schedule and schedule status report, which includes critical-path review and progress and payout curves, to the Department Project Manager. Any adjustments or changes to the approved schedule must be approved by the DEPARTMENT Project Manager. 2.2.10 Submittals The CONSULTANT will compile and transmit draft documents identified in this Scope of Services to the DEPARTMENT for review. For each submittal, the CONSULTANT will include a Transmittal Cover Letter that includes, at a minimum, the file name and format of each electronic file and the number of hardcopies (if any) as directed by the DEPARTMENT Project Manager. The DEPARTMENT will review draft submittals and provide the CONSULTANT with review comments. The CONSULTANT will address comments,prepare a Page 28 of 66 4997 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY matrix of comments and responses as applicable, and submit revised documents. The CONSULTANT will assist the DEPARTMENT in resolving the comments received from the Lead Agency, Cooperating Agencies, resource agencies and the public, including preparation of individual responses. PD&E Provisions for Work: • Quality Control Plan • Project Schedule Public Involvement: • Public Involvement Plan • Public Involvement Comment Database • Agency Coordination Meeting Summaries • Public Hearing Transcript • Meeting Agendas, Handouts, Notes, and Summaries • Comment and Coordination Report PD&E Engineering: • Traffic Analysis Methodology Technical Memorandum • Project Traffic Analysis Report • Location Hydraulics Report • Geotechnical Report • Bridge Hydraulic Report • Utilities Assessment Package • Risk Analysis Report • Design Variations and Exceptions Package • Value Engineering Information Report • Conceptual Design Plan Set • Typical Section Package • Utility Request Package • Bridge Development Report (in lieu of a Preliminary Engineering Report per Part 2, Chapter 3.2.1 in the PD&E Manual) • Systems Engineering Management Plan • Conceptual Drainage Report Environment: • Draft Environmental Assessment • Cultural Resource Assessment Survey • Level I Contamination Assessment Report(Contamination Screening Evaluation Report) • Noise Study Report Page 29 of 66 4998 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • Water Quality Impact Evaluation • Conservation Measures and Mitigation Plan • Section 4(f)Determination of Applicability (DOA) • Natural Resource Evaluation (Wetlands, Species and EFH) • Research Design and Survey Methodology • Section 4(f) "de minimus" Documentation • Wild and Scenic Rivers, Navigable Waterways, and Coastal Zone Management Assessment • Final Environmental Assessment/Finding of No Significant Impact • SocioCultural Effects Evaluation (SCE) General: • Project Commitments Record Other Submittals: • Sea-level Impact Projection (SLIP) Study • USCG Bridge Questionnaire • Navigation Impact Report The CONSULTANT will submit to the DEPARTMENT final reports and other deliverables identified in this section. The CONSULTANT will submit to the DEPARTMENT two (2) sets of CDs/DVDs or other portable storage drives such as flash drives or USB drives containing PDFs of all submittals outlined in this section. Upon completion of the Project, the CONSULTANT will transfer to the DEPARTMENT, in an organized manner, all project electronic files, data, maps, sketches, worksheets, and other materials used or generated during the PD&E Study in an acceptable portable storage drive. Additionally, the CONSULTANT will upload all final submittals and appropriate supporting project files to the Statewide Environmental Project Tracker(SWEPT) upon completion of technical studies and Environmental Document and as directed by the DEPARTMENT. 2.2.11 Computer Automation The CONSULTANT shall develop concept plans and alternative designs utilizing Computer Aided Drafting and Design (CADD) systems. The DEPARTMENT makes software available to help assure quality and conformance with the policy and procedures regarding CADD. It is the responsibility of the CONSULTANT to meet the CADD production requirements in the FDOT CADD Manual. The CONSULTANT must submit final documents and files as described in the FDOT CADD Manual. Additional related information is found in the FDM. Concept plans Page 30 of 66 4999 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY and alternatives designs shall also be displayed using Google Earth-ready KMZ files. The concept plans must have both existing and proposed engineering and environmental features. Upon DEPARTMENT approval, the CONSULTANT may also use computer tools and software to conduct some of the engineering and environmental analyses. Prior to using these tools, the CONSULTANT must agree to provide original electronic files in a format and standard consistent with the DEPARTMENT's policies and procedures. All electronic files must be scanned for viruses prior to submitting to the DEPARTMENT. Failure to scan for viruses may result in a lower CONSULTANT work performance evaluation. 2.2.12 Conflict of Interest The CONSULTANT or any affiliate is not eligible to pursue advertised work in the CONSULTANT's area of oversight or any project for which the CONSULTANT developed the Scope of Services. Subconsultants are also ineligible to pursue projects where they participated in the development of the Scope of Services, or have an oversight responsibility. The term "affiliate" is defined in FDOT Procedure No. 375- 030-006, Conflict of Interest Procedure for Department Contracts. The CONSULTANT and its subconsultants will not enter into another contract during the term of the Contract for this Project which would create or involve a conflict of interest with the services herein. The CONSULTANT and its subconsultants must comply with FDOT Procedure No. 375-030-006, Conflict of Interest Procedure for Department Contracts. 2.3 COORDINATION WITH OTHER CONSULTANTS AND ENTITIES The CONSULTANT will coordinate work activities with any ongoing and/or planned DEPARTMENT projects that may affect this Project. The DEPARTMENT and CONSULTANT shall coordinate with local governmental entities to ensure Project concepts are compatible with local improvements and right of way activities. The CONSULTANT will inform the DEPARTMENT Project Manager of all coordination activities with other agencies or entities prior to holding such activities. The DEPARTMENT Project Manager shall be included in all such coordination activities. The CONSULTANT shall coordinate with the following pertinent projects and studies: • 447770-1 Card Sound Road at Mosquito Creek Bridge No. 904984 (bridge replacement) Page 31 of 66 5000 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • 447769-1 Card Sound Road at Tubby's Creek Bridge No. 904982 (bridge replacement) • CR905A/Card sound Road Future Conditions Evaluation Update, Miami-Dade County Department of Transportation and Public Works Department, January 2020 • Miami-Dade TPO 2045 Long Range Transportation Plan Unfunded Need - CR 905A/Card Sound Road from Card Sound Toll Plaza to SR 997 (South Krome Avenue) Off-Road Bicycle and Pedestrian Facility Improvement 2.4 CONTRACT MANAGEMENT The CONSULTANT is responsible for maintaining Project files, including copies of submittals and underlying data, calculations, information and supporting project documentation. The CONSULTANT is responsible for preparing monthly progress reports and schedule updates. Progress reports will be delivered to the DEPARTMENT in a format prescribed by the DEPARTMENT Project Manager with the corresponding invoice. The CONSULTANT will regularly communicate the status of the project with the DEPARTMENT while managing subconsultant efforts and executing subconsultant agreements. 2.5 ADDITIONAL SERVICES The CONSULTANT will be requested to provide the following additional services for this Project. 2.5.1 Alternative Corridor Evaluation Alternative Corridor Evaluation is not required for this project. 2.5.2 Advance Notification Advance Notification is not required for this project. 2.5.3 Scoping Scoping is not applicable for this project. 2.5.4 Notice of Intent Notice oflntent is not applicable for this project. 2.5.5 Transit Coordination Plan Agency coordination is covered under Section 3.1 of this Exhibit. Page 32 of 66 5001 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 2.6 SERVICES TO BE PERFORMED BY THE DEPARTMENT The DEPARTMENT will provide the following services and materials: • Lead and participate in coordination efforts with the Public Transit Office, Office of Environmental Management, Federal Transit Administration, environmental resource and regulatory agencies, the public, and other stakeholders, as appropriate. • Provide project data currently on file and available from study partners, such as: o Travel market analysis or ridership forecasting; o Planned new development or redevelopment including Developments of Regional Impact(DRIB) data, Community Reinvestment Act(CRA)plans, streetscape, landscape, road diet, or context sensitive design efforts; o ACER,planning studies, environmental evaluations, etc. o Efficient Transportation Decision Making (ETDM)Programming Summary Report; o Recently completed roadway studies for the study area including PD&E studies, access management, intersection plans, design files, and capacity improvements; o Multimodal or small area studies including freight, interchange, intersection, transit,pedestrian, bicycle, land use, and signal priority, Transportation Management Plan; o Traffic analyses for the study area/corridors; o Previously conducted transit vision plans, transit feasibility studies, comprehensive operations analyses, transit development plans, etc.; o All information in its the possession of the DEPARTMENT pertaining to prior and on-going studies that may affect the project such as existing construction and as-built plans, bridge inspection reports and load ratings, prior environmental studies, existing permit information, existing drainage and geotechnical reports and any agreements with third parties related to the Project corridor o All available information in the possession of the DEPARTMENT pertaining to utility companies whose facilities may be affected by the proposed construction; o All future information that is in possession or may become available to the DEPARTMENT pertaining to subdivision plans, so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right of way; o Advance Notification and all environmental and engineering documents including the Permit Coordination Packages; o Coordination with the State Historic Preservation Officer; Page 33 of 66 5002 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY o Existing FDOT right of way maps and information on existing surplus right of way under ownership by the DEPARTMENT or participating local agency (counties and cities partnering with FDOT for the PD&E Study); o Existing Horizontal Network Control; o FDOT crash data; o Available traffic and planning data; o Proposed right of way cost data; o Construction cost database, as applicable; o Project Electronic File Root Directory Structure for delivery of project design files to the DEPARTMENT; o All applicable DEPARTMENT agreements with Utility Agency Owners; o Letters of authorization designating the CONSULTANT as an agent of the DEPARTMENT to enter lands, waters, and premises of another in the performance of duties in accordance with Section 337.274, F.S.; o Reviews of technical reports and Environmental Documents; 2.7 OPTIONAL SERVICES At the DEPARTMENT'S option, the CONSULTANT may be requested to provide professional services not explicitly outlined in this Exhibit. These services may include but are not limited to re-evaluation of previous PD&E Studies, environmental analysis not specifically listed in this Scope of Services, final design services, expert witness services for right of way acquisition, additional design analysis, and design plan preparation for utilities review. CONSULTANT may also be requested to provide services for Request for Proposal (RFP) development for Design-Build Procurement and /or support the DEPARTMENT in the acquisition of a Design-Build contract. The fee for such services shall be negotiated in accordance with the terms detailed in Exhibit B, method of compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of the project. A supplemental agreement for the optional services shall be executed in accordance with Section 2 of the Standard Professional Services Agreement Terms. 3.0 PUBLIC INVOLVEMENT Public involvement includes communicating to and receiving input from all interested and affected persons, groups, business owners, and government organizations regarding the development of the project. The CONSULTANT will coordinate and perform the appropriate level of public involvement for this Project as outlined in Part 1, Chapterl1, and Part 2, Chapter 4 of the PD&E Manual, and the FDOT Public Involvement Handbook. The CONSULTANT will provide the DEPARTMENT drafts of all public involvement materials (e.g., newsletters,property owner letters, advertisements, handouts, exhibits) Page 34 of 66 5003 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY associated with the following tasks for review and approval at least 15 business days prior to printing and/ or distribution. 3.1 PUBLIC INVOLVEMENT PLAN ELEMENTS 3.1.1 Public Involvement Plan The CONSULTANT is responsible for creating the PIP using existing work developed by the DEPARTMENT as a starting reference. The PIP must include a public involvement schedule and identify potentially affected stakeholders and communities in the vicinity of the project to establish the appropriate outreach methods. This includes consideration of the demographics of the Study Area and any reasonable accommodations including, but not limited to, disabled, transit-dependent, limited English proficient(LEP), elderly, low income, or minority. The CONSULTANT will review and attach the Sociocultural Data Report (SDR)to the PIP. A sample template for the PIP is located in Part 1, Chapter 11 of the PD&E Manual. At a minimum,the PIP must include the following: • Project background • Project goals • Identification of elected officials and agencies • Identification of affected communities and stakeholders • Identification of media(e.g. television, radio, newspaper) for news and/or advertisement • Proposed involvement activities • Anticipated schedule of involvement activities • Methodology for collecting and responding to public comments • Discussion of public comments will be analyzed and incorporated, as appropriate As part of the Project's PIP the CONSULTANT will develop public involvement materials using the DEPARTMENT's approved template and submit the information to be uploaded to the DEPARTMENT's project website. The website will be created and maintained by the DEPARTMENT. The website must meet FDOT requirements. The DEPARTMENT requires that the CONSULTANT create and submit a Public Involvement Plan that identifies potentially affected people in a community and defines the outreach methods and schedule to involve and gain their input. The Sample Public Involvement Plan may be found in Part 1, Chapter 11 of the PD&E Manual and the FDOT Public Involvement Handbook. No work may begin prior to the submission and approval of the Project Public Involvement Plan. After the Project Public Involvement Plan is approved, the CONSULTANT shall keep the Project Public Involvement Plan updated as necessary or upon notification by the DEPARTMENT of a deficiency in the Project Public Page 35 of 66 5004 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY Involvement Plan. Any change to the Project Public Involvement Plan must be approved by the DEPARTMENT. 3.1.2 Public Involvement Data Collection The CONSULTANT will assist the DEPARTMENT with collecting data specific to the public involvement process and preparing responses to any public inquiries received throughout the Project. The CONSULTANT will maintain and regularly update both an electronic and paper public involvement project file, which will document a record of all public involvement activities for this project. The CONSULTANT is responsible for identifying and maintaining the Project mailing list that may include officials and interested parties (any person or institution expressing an interest in the project), affected parties, and potential permit and review agencies. The CONSULTANT will work with the DEPARTMENT to generate or obtain mailing labels of property owners using the ETDM Environmental Screening Tool (EST) or the County Property Appraisers' Offices. The CONSULTANT will investigate potential meeting locations to advise the DEPARTMENT of their suitability. The DEPARTMENT will ultimately approve the meeting location. The CONSULTANT will pay all costs for meeting location rental and insurance (if required). The CONSULTANT will be responsible for logistics associated with setting up the meeting. 3.2 SCHEDULED PUBLIC MEETINGS The CONSULTANT will actively support the DEPARTMENT in conducting various public meetings, which may be conducted during weekends or after normal working hours. The CONSULTANT will support the DEPARTMENT in preparation, scheduling, attendance, note taking, documentation, and follow-up services for each meeting, which may include: • 1 Project Kick-off Meeting (hybrid format) • 6 Total presentations to the Miami-Dade TPO TAC, CAC, and Board, before the Alternatives Public Information Meeting and the Public Hearing. • 10 Total presentations to Monroe County Board of County Commissioners (BCC) and associated committees (as applicable)before the Alternatives Public Information Meeting and the Public Hearing. County committees include Florida Keys Transportation Coordination Committee, Development Review Committee, Planning Commission, Land Authority Advisory Committee, and Tourist Development Council • 1 Alternatives Public Information Meeting (hybrid format) Page 36 of 66 5005 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • 20 Other Public and Agency Meetings (FDEP (including Acquisition Restoration Council), SFWMD, Florida Keys National Marine Sanctuary, USCG, USAGE, and Miami-Dade Transit Authority) or informal meetings For any of the listed meetings, the CONSULTANT will prepare and/or be responsible for the following: • Agenda • Presentation scripts • Handouts • Graphics for presentation • Meeting equipment set-up and tear-down • Display advertisements (The CONSULTANT will pay the cost of publishing) • Letters for notification of elected and appointed officials,property owners, and other interested parties (the CONSULTANT will pay the cost of first class postage) • News releases or project fact sheets. The DEPARTMENT must review new releases and fact sheets at least two (2)weeks before the meeting or mail out • Meeting summaries provided to the DEPARTMENT no later than five (5)business days after the meeting • Preparation of response letters for DEPARTMENT signature on public comments Any materials prepared by the CONSULTANT for such meetings as listed above are subject to review and approval by the DEPARTMENT. The CONSULTANT shall provide the DEPARTMENT with a draft of any proposed materials at least two weeks prior to the meeting. The CONSULTANT will assist the DEPARTMENT when facilitating the public information meeting/workshop to present Project results and obtain comments related to the Project and/or Project alternatives. The meeting format will be developed by the CONSULTANT and approved by the DEPARTMENT upon review. The CONSULTANT will participate in briefing and debriefing meetings with the DEPARTMENT staff related to the public meeting. The CONSULTANT will attend the meetings with a suitable number of personnel with appropriate technical expertise (based on project issues), as authorized by the DEPARTMENT Project Manager, to assist the DEPARTMENT in such meetings. The DEPARTMENT may request the CONSULTANT to identify the effect of the Project to individual properties on aerial maps or plans in response to requests from property owners. The DEPARTMENT may also request the CONSULTANT to meet with individual property owners. Page 37 of 66 5006 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 3.3 PUBLIC HEARING A Public Hearing in hybrid format is required for this project. The CONSULTANT will send notifications to the Lead Agency, local governments, and regulatory agencies at least 25 but no more than 30 calendar days prior to the Public Hearing date. The CONSULTANT will prepare the Public Hearing notifications on the DEPARTMENT's letterhead for DEPARTMENT review and signature 15 days prior to mailing or as directed by the DEPARTMENT. The CONSULTANT will first prepare an initial sample draft notification for review and approval by the DEPARTMENT prior to submitting all notifications for review. Notifications to elected officials will be signed by the District Secretary. All other notifications may be signed by the DEPARTMENT Project Manager. The notification letters must have the DEPARTMENT's return address. After the DEPARTMENT signs the notifications, the CONSULTANT will send them by First Class US Mail. The DEPARTMENT Project Manager will also send the notification letters by email. The CONSULTANT will prepare the Public Hearing notifications to property owners on the DEPARTMENT's letterhead for DEPARTMENT review and signature 15 days prior to mailing or as directed by the DEPARTMENT. After the DEPARTMENT Project Manager signs the letters, the CONSULTANT will send them by First Class US Mail. The CONSULTANT will obtain a list of names and addresses of property owners from the Environmental Screening Tool (EST) and/or Property Appraisers' Offices. The letters must have the DEPARTMENT's return address. The CONSULTANT will send notification letters to property owners at least 17 to 24 calendar days prior to the Public Hearing. The CONSULTANT will provide the following: • Public Hearing Notice and publication in the Florida Administrative Register (FAR) • Proposed typical sections and aerials depicting alternative corridors and alternative alignments, as specified by the DEPARTMENT • Identification of the website(s) and/or locations where the technical reports and Environmental Documents will be available for public view • NEPA Assignment compliance signs • Display advertisements; any press releases and/ or advertisements will indicate that the meeting is a DEPARTMENT activity; the CONSULTANT will pay the cost of publishing • Response to public comments • Notification on the Department's Public Notices webpages through the District Public Information Officer (PIO) Page 38 of 66 5007 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • Presentation with script • Meeting location signs • Title VI compliance signs • Security (off-duty law enforcement), if needed • Expenses associated with arranging for a court reporter to be present and obtaining transcripts of comments made during the Public Hearing • Brochures or handouts • Two (2)Newsletters (color) -note that hand delivery may be required • One (1)project fact sheet • Public Hearing materials will support a hybrid meeting format The CONSULTANT will participate in briefing and debriefing meetings with the DEPARTMENT related to the Public Hearing (hybrid format). The CONSULTANT will prepare response letters for DEPARTMENT signature for all public comments. Any such response letters would need to be reviewed and approved by the DEPARTMENT Project Manager. 3.4 COMMENTS AND COORDINATION REPORT The CONSULTANT will prepare Comments and Coordination Report containing transcript, errata, and signed certification, as well as documentation for all public involvement activities conducted throughout the project in accordance with Part 1, Chapter 11 of the PD&E Manual. 3.5 NOTIFICATION OF APPROVED ENVIRONMENTAL DOCUMENT The CONSULTANT shall prepare a display advertisement for the notification of the Approved Environmental Document. The CONSULTANT will pay for the cost of publishing. The DEPARTMENT must review and approve the notice prior to publication. 3.6 ADDITIONAL PUBLIC INVOLVEMENT REQUIREMENTS The DEPARTMENT will identify and list any special or additional public involvement requirements. • General Public Correspondence • Frequent Asked Questions (FAQs) • Renderings • Provide website materials for DEPARTMENT to update its website Page 39 of 66 5008 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.0 ENGINEERING ANALYSES AND CONSIDERATIONS CONSULTANT activities to conduct and prepare engineering analyses and reports shall be done under the direction of the DEPARTMENT Project Manager. The CONSULTANT shall perform engineering activities essential to developing and evaluating Project alternatives as outlined in Part 2, Chapter 3 of the PD&E Manual and as specified in this section. The CONSULTANT will gather and review existing data from the DEPARTMENT, such as transportation planning data developed for long range plans or any previously completed technical studies within the project area. The CONSULTANT will collect additional data necessary to supplement existing data. The CONSULTANT will use data to evaluate the Location and Design Concept for this project. The CONSULTANT will verify the purpose and need for the Project based on the information obtained from the existing data, safety analysis, evaluation of existing conditions, evaluation of traffic projections, input received through the public involvement process and from the Programming Screen Summary Report. The CONSULTANT shall develop and analyze conceptual design alternatives to address the Project needs and objectives. Development of the conceptual design alternatives will follow Context Sensitive Solution and Complete Streets approaches. Based on engineering analysis, the public involvement process, and environmental analysis, the DEPARTMENT will recommend a proposed design concept to advance to the Design Phase. 4.1 REVIEW OF PREVIOUS PLANNING STUDIES The CONSULTANT shall review and summarize previous completed (or concurrent) planning studies and other studies that are related to this Project and appropriately incorporate their results in the analysis of the Project as described in the PD&E Manual. The following studies were conducted for this Project: • Life-Cycle Cost Analysis CR 905A (Card Sound Road) Over Card Sound Bridge No. 904990, August 2022 • Card Sound Bridge (904990) Load Rating Summary Report • Bridge Inspection Reports 4.2 EXISTING CONDITIONS ANALYSIS The CONSULTANT will conduct field observations to review existing field conditions, verify desktop data, and obtain additional data required to understand the Project area, assess Project needs, identify physical and environmental constraints, develop and analyze Project alternatives, and assess constructability issues. Page 40 of 66 5009 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will collect data describing existing conditions and characteristics of the Project including roadway geometrics, typical section elements, signalization and other operational features, access features, right of way requirements, and other data applicable to modes and sub-modes of transportation, including walking/pedestrians, bicyclists,public transit users (including transit vehicles and riders),paratransit users (carpools, vanpools, taxis, shuttles,jitneys, school buses, coach buses), and freight (including loading/unloading and parking, emergency response vehicles, service vehicles, and freight handler vehicles). The CONSULTANT will analyze existing conditions to identify and verify current transportation deficiencies as they relate to the needs and objectives of this Project. The CONSULTANT will furnish necessary exhibits for use in this Project, such as a Project Location Map, Corridor Maps, and Concept Plans. 4.3 SURVEY The DEPARTMENT will provide topographic survey and existing project controls such as benchmarks and reference points for Project baseline of survey. The CONSULTANT will review survey data for completeness and coordinate with the DEPARTMENT Project Manager if additional design survey is needed. 4.4 GEOTECHNICAL INVESTIGATION The CONSULTANT will conduct geotechnical services associated with design activities related to this Project. Before beginning work and after the Notice to Proceed is issued, the CONSULTANT shall submit an investigation plan for approval and meet with the DEPARTMENT's Geotechnical Engineer or representative to review the project scope and DEPARTMENT requirements. • Number of borings and other field geotechnical data to be determined after selection of PD&E Consultant • CONSULTANT shall receive approval from the Environmental Permitting Office prior to performing any geotechnical exploration. 4.5 TRAFFIC ANALYSIS 4.5.1 Traffic Analysis Methodology The CONSULTANT will perform traffic analysis in accordance with guidance from the PD&E Manual, Traffic Analysis Handbook, and Project Traffic Forecasting Handbook. The CONSULTANT will prepare a forecast and analysis methodology which must be agreed upon by the DEPARTMENT prior to beginning any analysis. The methodology must state the type of documentation, Project Study Area to be Page 41 of 66 5010 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY analyzed, and method and assumptions that will be used to analyze existing and future traffic conditions. This is a Non-MPO area. A suitable travel demand model is not available. Therefore, a rationale must be provided and future travel data will be developed in accordance with guidance from Chapter 4 of the Project Traffic Forecasting Handbook. Capacity analysis will be based on the latest Highway Capacity Manual procedures. Use of microsimulation traffic analysis software such as SimTraffic, CORSIM, and/or VISSIM is not anticipated for this Project. Data should be gathered in accordance with the Traffic Analysis Handbook. Traffic analysis methodology will include an approach or procedure to forecast future traffic volumes and evaluate the traffic operations and safety performance of the project alternatives. All traffic analysis documentation must be written in plain language and in a format that can be easily followed. The CONSULTANT must submit all traffic analysis files for assumptions, inputs, outputs, network data, calculations, and results to the DEPARTMENT. 4.5.2 Turning Movement Counts Not applicable for this project. 4.5.3 Vehicle Classification Counts on Roadway Segments and Ramps The CONSULTANT will collect the following existing vehicle classification count data. • 7-day traffic machine counts at the following locations: o Card Sound Road -northwest and southwest of bridge 4.5.4 Pedestrian, Bicycle, and Other Multimodal Data The CONSULTANT will collect the following additional existing traffic data. • Pedestrian Counts • Bicycle Counts • Transit data • Freight movement 4.5.5 Microscopic Calibration and Validation Data Collection Not applicable for this project. 4.5.6 Existing Traffic Operational Analysis Page 42 of 66 5011 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will conduct an existing (base year)traffic operational analysis and report the operational performance measures as agreed upon in the analysis methodology. The analysis must include bicycle,pedestrian, and transit(if applicable) operations. The manual count data will be used to obtain the existing design hourly volumes using historical and seasonal adjustments as appropriate. All existing design hourly volumes must be balanced before being used in the analysis. Oversaturated conditions and locations with complex geometry or operations might require microsimulation. 4.5.7 Microscopic Calibration and Validation Not applicable for this project. 4.5.8 Future Demand Forecasting No Build Volumes: The CONSULTANT will develop opening year and design year design hourly volumes for the No Build Alternative in accordance with the Project Traffic Forecasting Procedure, Topic No. 525-030-120. The need for interim year analysis will be determined in the traffic analysis methodology. Build Alternatives Volumes: The CONSULTANT will develop opening year and design year design hour volumes only for viable or feasible Build Alternatives. The CONSULTANT must make sure the future year turning movement volumes are reasonably balanced at each intersection. 4.5.9 No Build Analysis The CONSULTANT will analyze the operational performance of the No Build Alternative for the analysis years to identify deficiencies related to the purpose and need for the project. The CONSULTANT will evaluate the operational effectiveness of the No Build Alternative using agreed upon performance measures of effectiveness (MOEs). The analysis should include multimodal evaluation for pedestrian, bicycle, freight, and transit modes, as appropriate. 4.5.10 Development and Screening of Alternatives The CONSULTANT will identify, develop, assess, and screen preliminary potential Project alternatives that would meet the purpose and need for this Project in accordance with Part 2, Chapter 3 of the PD&E Manual. Development of alternatives will consider previously completed planning products. By considering project goals and objectives,purpose and need, and results of ETDM Programming screen event, the CONSULTANT in consultation with the DEPARTMENT, will identify and document alternatives to be eliminated from Page 43 of 66 5012 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY further detailed study. Only viable or feasible alternatives should be carried forward for detailed study. 4.5.11 Operational Evaluation of Build Alternatives The CONSULTANT will analyze the operational performance of viable or feasible alternative(s) for opening and design years and any interim years as appropriate. The analysis must include multimodal evaluation for pedestrian, bicycle, and transit modes as appropriate. The analysis will also include evaluation of access management in relation to traffic safety and operational efficiency within the Study Area. The CONSULTANT will evaluate the operational effectiveness of Build Alternatives using agreed upon performance MOEs. 4.5.12 Project Traffic Analysis Report As described in Part 2, Chapters 2 and 3 of the PD&E Manual, the CONSULTANT will prepare the Project Traffic Analysis Report to document development of design traffic volumes and results of the traffic analysis for No Build and Build Alternatives, which includes the transit, bicycle, and pedestrian analysis. The results must be shown on diagrams for each alternative and discussed in the report. The Project Traffic Analysis Report will also summarize the comparison of the operational and safety performance of all alternatives evaluated in detail and how they perform against each other. 4.5.13 Interchange Access Request This project does not add new or modem interchange. 4.5.14 Traffic Data for Noise Study The CONSULTANT will provide traffic data required for the noise study and will include the following data for each road segment(i.e., intersection to intersection), ramps, cross streets, and frontage roads, for the existing year, opening year, and the design year for Build and No Build alternatives: • LOS C directional hourly volumes • Demand peak hourly volumes (peak and off-peak directions) • Existing and proposed posted speed • Percentage of heavy trucks (HT) in the design hour • Percentage of medium trucks (MT) in the design hour • Percentage of buses in the design hour • Percentage of motorcycles (MC) in the design hour 4.5.15 Traffic Data for Air Analysis Page 44 of 66 5013 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY Not applicable for this project. 4.5.16 Signalization Analysis Not applicable for this project. 4.6 SIGNAGE The CONSULTANT will evaluate existing signing and signage requirements for the project. The CONSULTANT will prepare a Conceptual Signing Plan for this Project. 4.7 TOLLING CONCEPTS Not applicable for this project. 4.8 SAFETY 4.8.1 Crash Data The CONSULTANT will obtain the most recent five (5)years of available data from the DEPARTMENT's crash database and other local sources for this Project. The crash data will include the number and type of crashes, crash locations, number of fatalities and injuries, and estimates of property damage and economic loss. 4.8.2 Safety Analysis The CONSULTANT will perform safety analysis in accordance with Part 1, Chapter 2 of the PD&E Manual. Based on the information obtained from the crash data, the CONSULTANT will identify project safety needs associated with the existing and future conditions. The CONSULTANT will use the Highway Safety Manual (HSM)procedures to estimate the safety performance of the Project alternatives as agreed upon in the Traffic Analysis Methodology. 4.8.3 Documentation of Safety Analysis The CONSULTANT will document the results of the safety analysis in the PTAR or a stand-alone Safety Analysis Memorandum. 4.9 UTILITIES AND RAILROAD The CONSULTANT will obtain information regarding utilities and railroad in accordance with Part 2, Chapter 21 of the PD&E Manual. Page 45 of 66 5014 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.9.1 Utilities Prior to starting utility coordination, the CONSULTANT and the DEPARTMENT Project Manager shall meet with the District Utility Office (DUO) for guidance to ensure that all necessary utility coordination will be accomplished in accordance with DEPARTMENT procedures. It is anticipated that the following Utility Agency Owners (UAOs) are within or adjacent to the Project, but it is the responsibility of the CONSULTANT to determine the final list of UAOs within the project area: • FDOT District 6 Intelligent Transportation Systems • Florida Power & Light The CONSULTANT will prepare a Utility Assessment Package. The Utility Assessment Package must contain items specified in Part 2, Chapter 21 of the PD&E Manual. The CONSULTANT will provide a PD&E Request Package to the District Utility Office. The CONSULTANT will notify the UAOs within the Project area and request existing and planned utility information for major above ground and subsurface facilities within the Project area. The CONSULTANT, DEPARTMENT Project Manager and DUO will meet with each UAO as necessary, separately, or together, to understand utility conflicts and project potential impacts on utilities. The CONSULTANT will evaluate and consider potentially significant utility conflicts as they may affect the chosen corridor and/or alignment. While evaluating potential impacts and recommending mitigation strategies, the CONSULTANT should refrain from making any compensability determinations in any of the documentation/assessments that they create. 4.9.2 Railroads Not applicable for this project. 4.10 ROADWAY ANALYSIS 4.10.1 Design Controls and Criteria The CONSULTANT will prepare design controls and criteria for developing Project alternatives and designing initial geometrics and other roadway elements according to the DEPARTMENT standards. Page 46 of 66 5015 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.10.2 Typical Section Analysis The CONSULTANT will develop conceptual typical sections for the Project alternatives which address transportation needs and context. Development of typical sections must consider Context Sensitive Solutions and Complete Streets approaches and the needs of all Project users. 4.10.3 Geometric Design The CONSULTANT will perform geometric design using the established Project design controls and criteria. The CONSULTANT will also use Project traffic data and results of traffic analysis to design appropriate roadway elements. The CONSULTANT will establish both preliminary vertical profile and horizontal alignments of the mainline. The design of Project alternatives must consider environmental constraints,physical constraints, Context Sensitive Solutions, Complete Streets, and any additional information, as required. See Part 2, Chapter 3 of the PD&E Manual for more engineering and design considerations. For each alternative evaluated in detail, the CONSULTANT shall prepare sketches of plan,profile, and typical sections as appropriate to show existing features,proposed geometry, and location of any environmental and geometric design constraints. 4.10.4 Intersections and Interchange Evaluation Not applicable for this project. 4.10.5 Access Management The CONSULTANT will review the DEPARTMENT'S State Highway System Access Management Classification System and Standards and evaluate their application to the project. The CONSULTANT will recommend the proper access classification and standard to be applied to the Project. The proposed access management plan will be presented as part of the public involvement process. If an Access Management Classification/Reclassification Public Hearing is required, it will be combined with the PD&E Study Public Hearing. 4.10.6 Multimodal Accommodations The CONSULTANT will review, evaluate, and document the location and condition of existing pedestrian, bicycle, and public transit accommodations and freight services in the Study Area. This activity includes reviewing existing plans, reports, and studies that outline strategies or define projects associated with alternative modes of travel. Page 47 of 66 5016 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will consider freight,pedestrian, bicycle, and transit in the development and evaluation of Project alternatives commensurate with the context with a goal of improving overall mobility, access, connectivity, safety and efficiency. Multimodal accommodation may include analysis of on-street parking and loading zone modifications and/or removal,park and ride needs, as necessary. The CONSULTANT will consider and evaluate the existing and anticipated future use of the Project by bicyclists and pedestrians, the potential impacts of the Project alternatives on bicycle and pedestrian travel, and propose measures to avoid or reduce adverse impacts to bicyclists and pedestrians that would use the Project. The CONSULTANT will also consider supportive Transportation Demand Management and parking management strategies consistent with the transportation context and the needs of all users of the project. The CONSULTANT will assist the DEPARTMENT with coordination with local agencies, transit operators and Metropolitan Planning Organizations (MPOs) as appropriate. 4.10.7 Maintenance of Traffic The CONSULTANT will evaluate alternatives for constructability and the ability to maintain traffic during construction according to Part 2, Chapter 3 of the PD&E Manual. The CONSULTANT will include the estimated cost to maintain traffic in the construction cost estimate for the Project alternative. 4.10.8 Lighting The CONSULTANT will evaluate the need for lighting in accordance with applicable manuals, guideline, standards and current design memorandums. The CONSULTANT will include the estimated cost for lighting in the construction cost estimate for the Project alternative. 4.11 IDENTIFY CONSTRUCTION SEGMENTS MONORE COUNTY will identify construction segments for this Project. 4.12 TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS The CONSULTANT will study or investigate a broader range of systems as it relates to the PD&E study such as traffic signal system, communication system, travel time systems, Transit Signal Priority (TSP), Adaptive Traffic Control System (ATCS) and other systems referenced in the ITS Architecture. The CONSULTANT will use a Systems Engineering approach for determining the Transportation System Management and Operations (TSM&O) Systems and required systems engineering documents for the Project. Page 48 of 66 5017 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will develop a Preliminary Systems Engineering Management Plan (PSEMP) and a high-level Project ConOps according to Part 2, Chapter 3 of the PD&E Manual. The ConOps must be reviewed by the District TSM&O engineer. The CONSULTANT will evaluate the need for improvements,preservations, or modifications to the existing TSM&O system in relation to the alternatives being considered. This includes reviewing the existing as-built information provided by the DEPARTMENT, identifying impacts to the existing TSM&O infrastructure due to the other project work, identifying opportunities to preserve or enhance TSM&O infrastructure, and developing a high-level cost estimate for the changes necessary to the infrastructure in order to meet project TSM&O needs and goals. These items will be documented in the ConOps. The CONSULTANT will identify the delivery method for both equipment and technology and prepare implementation schedule that includes engineering, design, construction, and Project activation (testing and start-up). The CONSULTANT will coordinate with both the District TSM&O Engineer and the County Traffic Engineer concerning existing and proposed Intelligent Transportation Systems (ITS) and Advanced Traffic Management System (ATMS) infrastructure. The CONSULTANT will consider the presence of the ITS infrastructure when analyzing the traffic for the corridor, as well as any proposed improvements that may impact the underground fiber optic cable infrastructure and associated roadside devices. 4.13 STRUCTURES 4.13.1 Existing Structures The CONSULTANT will collect the existing structures data as identified in Part 2, Chapter 3 of the PD&E Manual. The following existing structures have been identified for evaluation: • Bridge No. 904990 is a high-level fixed bridge located on Card Sound Road (CR 905A)that spans over the Atlantic Intracoastal Waterway. The bridge was constructed in 1969 and has an overall length of 2,755 feet. Its typical section consists of 12-foot-wide travel lanes (one in each direction), 2-foot-wide paved shoulders and raised curbs which vary in width on both sides. 4.13.2 Structure Typical Sections The CONSULTANT will develop typical sections options for the bridges. These will include the DEPARTMENT's standard typical sections, and any typical sections that may result in minimizing right of way and environmental impacts. Coordination with the District's Structures Design Engineer is required. A minimum of three (3)bridge typical sections will be evaluated during the PD&E Study. Page 49 of 66 5018 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.13.3 Structure Design Alternatives The CONSULTANT will evaluate conceptual vertical and horizontal geometry and clearance requirements for the bridges. The CONSULTANT will document structural design calculations and design assumptions used in the analysis. A minimum of four (4)horizontal alignments will be evaluated. • The CONSULTANT will prepare a Bridge Development Report in accordance with Topic 4625-000-002 of the FDM 121 Bridge Project Development. The complexity of the project is considered Major Bridges: The BDR will be an extensive and comprehensive document that thoroughly considers all viable structure types and considers all design parameters (such as scour, vessel collision and wildlife connectivity). This scope should be revised once the PD&E Consultant is selected to include specific level of structural analysis and development for the bridge structure(s). 4.14 DRAINAGE The CONSULTANT will perform Drainage analysis in accordance with the Drainage Manual and Part 2, Chapters 11 and 13 of the PD&E Manual. The CONSULTANT shall incorporate/consider the Contamination Screening Evaluation Report and any other related report findings into the Drainage Reports. 4.14.1 Floodplain and Environmental Permit Data Collection The CONSULTANT will gather floodplain data from FEMA Flood Insurance Rate Maps, and other drainage related data needed to obtain permits from relevant sources including local government, local agencies, and regulatory agencies. 4.14.2 Drainage Analysis The CONSULTANT will perform drainage analysis by delineating the basin boundaries by using LiDAR information, existing survey data, and field observations. The CONSULTANT will analyze and determine high water elevations in each basin and use the information to establish the preliminary roadway profile. Drainage analysis will also include checking the capacity and structural adequacy of existing cross drains,preliminary design of potential cross drains and outfall structures and identifying the recommended conceptual drainage design for the Project. 4.14.3 Floodplain Compensation Analysis For each roadway alternative, the CONSULTANT will determine base floodplain elevations and estimate encroachments and appropriate compensation provisions, including incorporating floodplain compensation site requirements into the Pond Siting Report. Page 50 of 66 5019 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.14.4 Stormwater Management Analysis The CONSULTANT will calculate the stormwater quality and attenuation requirements, and estimate the stormwater management facility needs for each roadway alternative. The CONSULTANT will schedule an Environmental Look-Around (ELA) meeting (See Part 2, Chapter 11 of the PD&E Manual)with DEPARTMENT staff, regulatory agencies, local governments, and other stakeholders to discuss regional stormwater needs and design and permitting approaches that benefit the watershed as a whole. During the meeting, the CONSULTANT will document the meeting notes in the project file. If the ELA reveals no regional pond sites within the Study Area, the CONSULTANT will identify practical pond sites in each basin for each project alternative, estimate construction cost, compare the sites, and identify (in coordination with the DEPARTMENT) a preferred pond site for each basin. Additionally, the CONSULTANT will identify inflow or outfall easement requirements for each pond site. If additional pond sites are revealed, they will be used as a potential option. The CONSULTANT will prepare a Pond Siting Report or Conceptual Drainage Design Report in accordance with the Drainage Manual and the FDOT Drainage Design Guide. 4.14.5 Drainage Design Not applicable for this project. 4.14.6 Location Hydraulics Report The CONSULTANT will prepare a Location Hydraulics Report for the project in accordance with Part 2, Chapter 13 of the PD&E Manual. 4.14.7 Bridge Hydraulic Evaluation The CONSULTANT will evaluate bridge hydraulics to determine the hydraulic length of the bridge or the length necessary to meet the hydraulic requirement and document in the Bridge Hydraulics Report. The CONSULTANT will evaluate the bridge for coastal hydraulics needs. The CONSULTANT will evaluate the bridge for wave action in the event of a major hurricane. The Consultant will coordinate with the District's Structures Design Engineer and District Drainage Engineer. 4.15 LANDSCAPING ANALYSIS Not applicable for this project. Page 51 of 66 5020 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.16 CONSTRUCTION AND RIGHT OF WAY COST ESTIMATES 4.16.1 Construction Cost Estimates The CONSULTANT will develop construction cost estimates using the Department's Long Range Estimate (LRE)program. The CONSULTANT will be responsible for reviewing and updating the cost estimate when scope changes occur, at project milestones, and during the DEPARTMENT's annual Work Program update cycle. Construction costs must include traffic management and right of way costs. 4.16.2 Right of Way Cost Estimates Based on typical section analysis and DEPARTMENT design standards, the CONSULTANT will establish construction limits and determine the minimum (proposed) right of way requirements throughout the limits of the Project. Establishment of construction limits will consider location drainage features, the transportation management plan, utility relocations, stormwater pond requirements, and identified environmental issues, among other factors. The CONSULTANT will compare the existing right of way width with the proposed right of way requirements to estimate the amount of right of way that the DEPARTMENT must acquire. The DEPARTMENT will estimate the cost for right of way acquisition, and cost estimates for relocations and business damages, if any. The CONSULTANT will submit concept plans for the Build Alternative that include the parcel identification number, existing right of way lines,proposed right of way lines and acreage of property required. Additionally, the CONSULTANT will provide a spreadsheet with the following parcel information: owner, address, acreage of parent parcel and required amount of property for the Project, estimated business damages and right of way property costs. The DEPARTMENT's Right of Way Office staff and CONSULTANT will conduct an interactive field trip to review conditions in the corridor as they pertain to actual conditions that might impact the cost of right of way acquisition for the Project. The CONSULTANT will jointly meet with the District Roadway Engineer, Traffic Operations staff, Right of Way Office staff, and DEPARTMENT's Office of General Counsel staff prior to the development of right of way cost estimates. The purpose of the meeting is to jointly review the proposed design parameters, the proposed alternative alignments to identify those alternatives for which right of way cost estimates will be developed by the DEPARTMENT. The goal is to evaluate the alternatives necessary to comply with PD&E requirements and to satisfy the evaluation needed for eminent domain considerations for each alternative. Page 52 of 66 5021 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The DEPARTMENT's Right of Way Office will estimate the cost for right of way acquisition, as well as cost estimates for relocations and business damages, if any. 4.17 ALTERNATIVES EVALUATION 4.17.1 Comparative Alternatives Evaluation The CONSULTANT will establish evaluation criteria at the beginning of the Project, which must be agreed upon with the DEPARTMENT before use in the comparative evaluation of alternatives. After developing the viable alternatives, analyzing alternatives and estimating costs, the CONSULTANT will prepare a matrix which compares the impacts,performance, and costs of the alternatives evaluated in detail in the PD&E Study. The matrix will include the performance of the No Build Alternative as the baseline for comparison. 4.17.2 Selection of Recommended Alternative The DEPARTMENT will select a recommended alternative based on review and analysis of engineering, environmental, and public involvement issues related to this Project. 4.17.3 Value Engineering The DEPARTMENT will conduct a Value Engineering (VE) study for the Project according to Value Engineering Program, Topic No. 625-030-002. The CONSULTANT will prepare relevant project information and submit to the VE team. The information will be logically organized to facilitate the VE team's understanding of the Project development. The CONSULTANT will submit to the VE team the following minimum information, if available: • Project traffic report • Environmental studies reports • Environmental document • Engineering analysis documentation • Copies of all alternative concept plans/drawings • Drainage analysis documentation • Bridge hydraulics report and location hydraulics report • Typical section package • Other miscellaneous reports prepared for this project At the request of the DEPARTMENT, the CONSULTANT will meet with the VE team to explain development of Project alternatives and rationale of selecting the Page 53 of 66 5022 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY recommended alternative. The CONSULTANT will be available to the VE team for clarification of the information used during the VE study. The CONSULTANT will respond to questions or proposals developed as part of the VE and recommend inclusion or denial of the VE proposals into the project. The CONSULTANT will include VE study recommendations concerning modified or additional concepts, into the comparative evaluation of the alternatives. 4.18 CONCEPT PLANS The CONSULTANT will prepare concept plans for all viable Project alternatives in appropriate scales overlaid on the base map. 4.18.1 Base Map The CONSULTANT will produce a base map of the project area using DEPARTMENT's CADD standards. The base map will contain an aerial photo and existing characteristics for the project. The base map must show environmental issues that are specific to the Study Area such as cemeteries, wetlands, historic properties, high-risk contamination sites,public parks, and property lines. The CONSULTANT will prepare base maps for the following uses (at noted scales): • Overall Project Location Map 1: 500 • Overall Drainage Map 1: 200 • Corridor Maps (Roll Plots) 1: 100 4.18.2 Alternatives Concept Plans The CONSULTANT will prepare and overlay alternative concept plans on the base map. The concept plan must show potential location of bridges, culverts, retaining walls, right of way lines (existing and proposed), major utility facilities, intersection, critical driveways, and median openings, among other roadway elements, at appropriate scale according to the DEPARTMENT CADD Manual. 4.18.3 Preferred Alternative The CONSULTANT will finalize the preferred alternative concept plan by incorporating comments received from the Public Hearing process as directed by the DEPARTMENT. 4.18.4 Typical Section Package The CONSULTANT will prepare the Typical Section Package (excluding pavement design) in accordance with the FDM. Page 54 of 66 5023 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.18.5 Design Exceptions and Design Variations The CONSULTANT will prepare Design Exceptions and Design Variations Package for the preferred alternative for approval in accordance with the FDM. 4.19 TRANSPORTATION MANAGEMENT PLAN The CONSULTANT will prepare a conceptual Transportation Management Plan in accordance with as per Part 2, Chapter 3 of the PD&E Manual. 4.20 RISK MANAGEMENT The DEPARTMENT Project Manager will coordinate with the Cost Risk Assessment (CRA)regional team and a representative from that team will lead the Risk Assessment for this Project. The CONSULTANT and key SUBCONSULTATANTS may be asked to attend and participate in the Risk Assessment Workshop for this Project. The CONSULTANT will support the Risk Assessment Workshop by providing materials requested by the DEPARTMENT Project Manager to conduct the Workshop and associated 4.21 ENGINEERING ANALYSIS DOCUMENTATION The CONSULTANT will prepare a Preliminary Engineering Report(PER) as per Part 2, Chapter 3 of the PD&E Manual. The CONSULTANT shall include sufficient back up information related to all computer programs and parameters used in the analyses to facilitate the review of the engineering documentation. The engineering documentation shall be neatly and logically presented. The final engineering analysis documentation prepared by the CONSULTANT shall be signed and sealed by a Florida-licensed professional engineer. 4.22 PLANNING CONSISTENCY 4.22.1 Transportation Plans The CONSULTANT will coordinate with the DEPARTMENT to obtain and review transportation plans throughout the life of the Project for all modes of transportation including freight, transit, and non-motorized. The following plans or studies should be reviewed as appropriate: • State Transportation Improvement Program (STIP) • Local Government Comprehensive Plan (LGCP) • Non-motorized (bicycle and pedestrian)Plans • MPO's adopted Long Range Transportation Plan (LRTP) Cost Feasible and Needs Plans Page 55 of 66 5024 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • Local Transit Development Plans (TDP) for bus, rail, or other services 4.22.2 Planning Consistency Form The CONSULTANT will assist the DEPARTMENT's finalization of Planning Requirements for Environmental Document approval in the appropriate form. 5.0 ENVIRONMENTAL ANALYSIS AND REPORTS Tasks described within this section direct work efforts applicable to the environmental analysis and documentation for this Project. Prior to beginning environmental work, the CONSULTANT must review the ETDM Programming Screen Summary Report, summary degree of effect, resource agencies' comments,permits that may be required, and GIS information from the Environmental Screening Tool (EST). This review will support the CONSULTANT's ability to adequately assess the potential for Project alternatives to affect known environmental resource issues. CONSULTANT activities to conduct and prepare environmental analysis and reports shall be done under the direction of the DEPARTMENT Project Manager. The CONSULTANT will collect pertinent environmental data, conduct analyses, and document the results of this analysis within technical reports or memoranda. The analyses and reporting will be performed and presented in accordance with the procedures in the PD&E Manual. The CONSULTANT will analyze all Build Alternatives and the No Build Alternative with respect to impacts to natural, cultural, social and physical resources and document all analyses in the reports. Wherever appropriate the CONSULTANT will describe proposed measures to avoid, minimize, or mitigate project impacts on the environmental issues. Additionally, the CONSULTANT will summarize results of the environmental analysis in the Environmental Document. The CONSULTANT must verify and record in the Environmental Document any environmental resource that is identified as "No Involvement". The CONSULTANT will summarize in the Environmental Document the results of analysis of environmental resources that were completed as part of another study or performed by others concurrent with this project. 5.1 SOCIOCULTURAL EFFECTS THE CONSULTANT will conduct a Sociocultural Effects (SCE) evaluation in accordance with Part 2, Chapter 4 of the PD&E Manual. The CONSULTANT will document the results of the SCE Evaluation in the Environmental Document and in the Project file and/ or complete a stand-alone SCE report if required. If no involvement for a particular issue is indicated, then standard statements to that effect from Part 2, Chapter 4 of the PD&E Manual will be included in the Environmental Document. Page 56 of 66 5025 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.1.1 Social • Community Cohesion: The CONSULTANT will identify and assess potential Project impacts on physical barriers, traffic pattern changes, social pattern changes, and loss of connectivity to community features and facilities. • Special Community Designation: The CONSULTANT will identify and assess potential Project impacts on schools, churches,parks, emergency facilities, social services, daycare facilities, retirement centers, community centers, and retail locations. • Safety/Emergency Response: The CONSULTANT will identify and assess potential Project impacts on the creation of isolated areas; emergency response time changes; and location of police, fire, emergency medical services, healthcare facilities, and government offices. • Demographics: The CONSULTANT will identify and assess potential Project impacts on minority, LEP persons, disabled persons, low-income populations, and/or special populations within the Project area. • Community Goals and Quality of Life: The CONSULTANT will identify and assess potential Project impacts on social value changes and compatibility with community goals and vision. 5.1.2 Economic Resource is not present or is present but will not be impacted This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.1.3 Land Use Changes This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.1.4 Mobility The CONSULTANT will evaluate potential Project impact on mobility and accessibility with regard to all transportation modes (i.e.,pedestrian, bicycle, transit and vehicle) in the Study Area. 5.1.5 Aesthetics The CONSULTANT will evaluate and summarize the Project's effect on viewshed and vista, community focal points, historic structures, landmarks, and community character in accordance with the PD&E Manual. Page 57 of 66 5026 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.1.6 Relocation Potential This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.2 CULTURAL RESOURCES The CONSULTANT will prepare a Research Design and Survey Methodology for the project, to be submitted to the DEPARTMENT for approval prior to the initiation of field work. The CONSULTANT shall identify and map out the zones of probability for the Project Study Area, and identify any previously recorded resources. The Area of Potential Effect(APE)will be determined (including pond sites). The CONSULTANT will summarize each of the cultural resource issues in the Environmental Document. If noninvolvement for a particular issue is indicated, then a statement to that effect will be included. The CONSULTANT will use a professional qualified under the provisions of 36 CFR 61 in compliance with the National Historic Preservation Act of 1966(Public Law 89-665, as amended) and the implementing regulations (36 CFR 800), as well as with the provisions contained in Chapter 267, Florida Statutes, to perform all work in this task. The CONSULTANT will assess the direct and indirect effects and will document the severity of the following items in the Environmental Document and Project file: 5.2.1 Archaeological and Historic Resources The CONSULTANT will identify and analyze impacts to archaeological sites and historic resources within the Project's Area of Potential Effects (APE). The APE must include potential pond sites. The CONSULTANT will prepare a research design methodology and perform a Cultural Resources Assessment Survey in accordance with Part 2, Chapter 8 of the PD&E Manual. All work will be documented and coordinated with appropriate agencies as per Part 2, Chapter 8 of the PD&E Manual, and the DEPARTMENT's Cultural Resource Management Handbook. In addition, attendance at public meetings may be required. The CONSULTANT will review and address any resources issues or comments by the State Historic Preservation Office (SHPO) listed in the Programming Screen Summary Report. The CONSULTANT will assist the DEPARTMENT in meetings by providing technical support in Section 106 Meetings, such as Cultural Resource Committee Meeting. The CONSULTANT will prepare Cultural Resources Assessment Survey (CRAS) documentation detailing the results of the survey and assessments of resource significance, including a Florida Master Site File (FMSF) form. The Research Design Page 58 of 66 5027 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY and Survey Methodology and the Pond Site Technical Memo will be included in the CRAS appendix. 5.2.2 Recreational, Section 4(f) • Section 4(f) Determination of Applicability: The CONSULTANT will complete the documentation and coordination required for a Section 4(f) Determination of Applicability in accordance with Part 2, Chapter 7 of the PD&E Manual. • Section 4(f) "de minimis" Documentation: The CONSULTANT will prepare Section 4(f) "de minimis" documentation in accordance with Part 2, Chapter 7 of the PD&E Manual. 5.3 NATURAL RESOURCES The CONSULTANT will assess and summarize each of the natural resource issues in the Environmental Document. If no involvement for a particular issue is indicated, then a statement to that effect will be included. The CONSULTANT will identify the natural resource evaluation area. The CONSULTANT will assess the direct and indirect effects and will document the severity of the following items in the Environmental Document and project file: 5.3.1 Wetlands Wetlands and Surface Waters: The CONSULTANT will identify the type, quality, and function of wetlands, or reference previously completed documentation relevant to the Project. The CONSULTANT will establish Uniform Mitigation Assessment Method (UMAM) for representative wetlands in accordance with Part 2, Chapter 9 of the PD&E Manual. The CONSULTANT will evaluate alternatives that avoid wetland impacts and, where unavoidable, identify practicable measures to minimize impacts. Any impact to wetlands requires development of a Conceptual Mitigation Plan. The CONSULTANT will document the results of a Wetlands Evaluation in the Natural Resources Evaluation (NRE) Report to document all coordination activities with resource agencies, wetland impact assessment, and mitigation analysis. 5.3.2 Essential Fish Habitat The CONSULTANT will conduct field review, survey, and appropriate coordination with resource agencies to assess impacts to essential fish habitat(EFH) in accordance with Part 2, Chapter 11 of the PD&E Manual. The CONSULTANT will prepare the EFH Assessment as a component of the NRE to document potential adverse effects to EFH and measures to address those effects. Page 59 of 66 5028 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.3.3 Wildlife and Habitat Analysis and Report: The CONSULTANT will perform research, field reviews, survey, and coordination necessary to determine Project involvement with and any potential impacts to federal and state protected, threatened or endangered species and their habitats. Additionally, the CONSULTANT will develop a study design (which will be approved by the DEPARTMENT)to evaluate the magnitude of Project involvement with wildlife and their habitat. If required, the CONSULTANT will prepare the Biological Assessment as a part of the NRE. The CONSULTANT will assess project's potential impacts to wildlife and habitat in accordance with Part 2, Chapter 16 of the PD&E Manual. The CONSULTANT will assist the DEPARTMENT in consultations, if required. Conservation Measures and Mitigation Plan: The DEPARTMENT Project Manager will provide a description of the habitat conservation measures to be considered. The CONSULTANT will provide an analysis of wildlife and habitat conservation measures. 5.3.4 Natural Resource Evaluation Report The CONSULTANT will document the results of the Wetlands and EFH, Wildlife and Habitat, evaluations in a Natural Resources Evaluation (NRE)report in accordance with Part 2, Chapter 16 of the PD&E Manual. 5.3.5 Water Quality The CONSULTANT will evaluate the data for and document water quality in the Water Quality Impact Evaluation (WQIE) Checklist in accordance with Part 2, Chapter 11 of the PD&E Manual. 5.3.6 Special Designations The CONSULTANT will evaluate the data for and document the following special designations if applicable: Outstanding Florida Waters, Wild and Scenic Rivers, Aquatic Preserves, Coastal Barrier Resource, and Scenic Highways, in accordance with Part 2, Chapters 5, 10, 12, and 15 of the PD&E Manual, respectively. 5.3.7 Identify Permit Needs The CONSULTANT will review the Programming Screen Summary Report and identify permits required for the project. Page 60 of 66 5029 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will perform activities that will inform and accelerate the permitting process, including activities to acquire permits during PD&E(as required by the DEPARTMENT). Potential permits include: ERP from SFWMD, Florida Keys National Marine Sanctuary Permit, FDEP NPDES, FDEP TIITF Easement Modification, USCG Bridge Permit/Bridge Project Questionnaire, and USACE Section 404 Permit and Section 10 Permit. 5.3.8 Farmland This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.4 PHYSICAL EFFECTS The CONSULTANT will summarize each of the physical effect issues in the Environmental Document. If no involvement for a particular issue is indicated, then a statement to that effect will be included. The CONSULTANT will identify the physical effect evaluation area. The CONSULTANT will assess the direct and indirect effects and will document the severity of the following: 5.4.1 Noise The CONSULTANT will perform the noise analysis, noise abatement evaluation, and assessment of construction noise and vibration in accordance with the Part 2, Chapter 18 of the PD&E Manual and the current version of FDOT's Traffic Noise Modeling and Analysis Practitioner's Handbook. The CONSULTANT will attend a noise study methodology meeting with the DEPARTMENT prior to beginning analysis. The CONSULTANT will document methodology and results of noise analysis and noise abatement evaluation in the Noise Study Report (NSR). The CONSULTANT will provide an electronic copy of the NSR, in PDF format, as well as all Traffic Noise Model (TNM) input/output files, and "readme" file that support the information documented in the report. If the Project is determined to be a Type III project, the CONSULTANT will document that in the Project File. 5.4.2 Transit Noise and Vibration Analysis This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. Page 61 of 66 5030 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.4.3 Air Quality This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.4.4 Construction Impact Analysis The CONSULTANT will evaluate and document the potential impacts of construction of the Project alternatives in accordance with Part 2, Chapter 3 of the PD&E Manual. 5.4.5 Contamination The CONSULTANT will gather data, review data, and investigate contamination issues within the limits of the project and identify potentially contaminated sites in accordance with Part 2, Chapter 20 of the PD&E Manual. The CONSULTANT will document data reviewed, findings, risk rating of potential contamination sites, and recommendation for additional assessment actions in the Contamination Screening Evaluation Report. 5.5 CUMULATIVE EFFECTS EVALUATION The CONSULTANT will perform and document cumulative effects evaluation of each resource of concern identified based on context and in consultation with the DEPARTMENT as per the process outlined in the Cumulative Effects Evaluation Handbook. The cumulative effects evaluation should build upon information derived from the direct and indirect effects analyses. 5.6 PROJECT COMMITMENTS RECORD The CONSULTANT will assist the DEPARTMENT in filling out Form No. 700-011-35 Project Commitments Record(PCR)to document project commitments in the Commitments section of the Environmental Document. DEPARTMENT Procedure 700- 011-035 will be used by the CONSULTANT for recording the project commitments. The CONSULTANT will forward the completed PCR form to the DEPARTMENT Project Manager. 6.0 ENVIRONMENTAL DOCUMENT The CONSULTANT will assist the DEPARTMENT in preparing an Environmental Assessment in accordance with Part 1, Chapter 6 of the PD&E Manual. If after completing the EA, FDOT Office of Environmental Management determines that there are no significant impacts resulting from the project, the CONSULTANT under the Page 62 of 66 5031 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY direction of the Department will prepare a Finding of No Significant Impact(FONSI) in accordance with Part 1, Chapter 7 of the PD&E Manual for review and approval by FDOT Office of Environmental Management. If the EA discovered that the project would result in significant impacts, the DEPARTMENT will upgrade the project to an Environmental Impact Statement(EIS). 7.0 METHOD OF COMPENSATION Payment for the work accomplished will be in accordance with Exhibit B of this contract. The DEPARTMENTS Project Manager and the CONSULTANT will monitor the cumulative invoiced billings to ensure the reasonableness of the billings compared to the study schedule and the work accomplished and accepted by the DEPARTMENT. The DEPARTMENT Project Manager will decide whether work of sufficient quality and quantity has been accomplished by comparing the reported Scope of Services percent complete against actual work accomplished. Payments will not be made that exceed the percentage of work identified in the approved payout curve and schedule provided. The CONSULTANT shall provide a list of key events and the associated total percentage of work considered to be complete at each event. This list shall be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the DEPARTMENT. Page 63 of 66 5032 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT "B" FINANCIAL SUMMARY The Department's Work Program allocates the following funding, programmed under Financial Project Number 453765-1-22-01 for PD&E Study completion: Fiscal Year Amount Fund Type 2025 $ 1,863,200 CD23, CONGRESS GF EARMARKS HIP 2023 2025 $ 1,447,800 LF, LOCAL FUNDS COUNTY's Financial Responsibility: $ 1,447,800 Page 64 of 66 5033 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT "C" PARTICIPANT'S RESOLUTION To be herein incorporated once approved by the Participant's Commission. Page 65 of 66 5034 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT "D" THREE PARTY ESCROW AGREEMENT To be herein incorporated once approved by the Department's Office of the Comptroller. Page 66 of 66 5035 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 RESOLUTION NO. 240 -2024 EXHIBIT C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY FOR FUNDING FOR THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) PROJECT DEVELOPMENT AND ENVIRONMENT STUDY (PD&E) FOR CARD SOUND ROAD BRIDGE #904990. WHEREAS, Monroe County (the County) has jurisdiction over and maintains Bridge Number 904990 Card Sound Bridge from south of Milepost 5 to Milepost 6.242 (Miami-Dade/Monroe County Line); and WHEREAS, at Monroe County's request, the Department will administer on behalf of Monroe County, a National Environmental Policy Act("NEPA") Project Development and Environment Study ("PD&E Study"), for Card Sound Bridge,project FM 453765-1 (the "Project"), to determine a range of reasonable bridge project alternatives, and ultimately a Preferred Alternative, that is acceptable from an engineering and operational standpoint, the individual elements of which are outlined in the attached Exhibit"A", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the PD&E Study is anticipated to contain commitments for the County to assure that resource agencies and other stakeholder's issues that are identified in the PD&E study will be addressed in future phases of Project delivery in compliance with NEPA and applicable state and federal laws; and WHEREAS,the Department and the County are entering into this Agreement to memorialize the County's obligations to implement the commitments as contained in the final approved NEPA document for the Project, (hereinafter the "Approved NEPA Document"); and WHEREAS, the Department will utilize federal funds that have been congressionally appropriated and the County funds for the completion of the PD&E Study; and WHEREAS, the County shall deposit funds in escrow with the State of Florida, Department of Financial Services, Division of Treasury, in the amount set forth in Exhibit"D"; and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and Card Sound Bridge PD&E Locally Funded Agreement August 21,2024 5036 Docusign Envelope ID:7CB4F8DE-BB11-43136-8C86-526C09230CC8 WHEREAS,the parties are authorized to enter into this Agreement pursuant to Section 334.044(7) and 339.12, Florida Statutes(F.S.). NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Monroe County,Florida,that: SECTION 1: The Locally Funded Agreement(LFA)between the State of Florida, Department of Transportation and Monroe County is hereby approved. SECTION 2: Upon execution,this Resolution shall be marked as Exhibit"C"and made a part of the Locally Funded Agreement. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida at a regular meeting of said board on the 21 st day of August 2024. Mayor Holly Merrill Raschein Yes Mayor Pro Tem James K. Scholl Yes Commissioner Craig Cates Yes Commissioner Michelle Lincoln Absent Commissioner David Rice Yes R()ARTI ()F COTTXTTV C(-)XTAATQQTnXTPDQ i t A.0, �A tt st L MADOK Clerk OF MONROE COUNTY FLORIDA 0001 �oy� wA alp By C`a'As D putylerk Mayor/Chairperson MONROE.COUNTY ATTORNEY . � RPPR_VkD AS TO EO is CHRISTINE LIMBERT•BARROWS ASSISTANTCOUNTY ATTORNEY DATE:: 7/12_/24" - C? €n Z) raar- CD Card Sound Bridge PD&E Locally Funded Agreement August 21,2024 5037